Title 47 Telecommunication Parts 20 to 39

Revised as of October 1, 2020

Containing a codification of documents of general applicability and future effect

As of October 1, 2020

Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register

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Legal Status and Use of Seals and Logos The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA’s official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist’s designee. Any person using NARA’s official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government Publishing Office Official Edi- tions only. The Superintendent of Documents of the U.S. Govern- ment Publishing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

U.S. GOVERNMENT PUBLISHING OFFICE U.S. Superintendent of Documents • Washington, DC 20402–0001 http://bookstore.gpo.gov Phone: toll-free (866) 512-1800; DC area (202) 512-1800

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Page Explanation ...... v

Title 47:

Chapter I—Federal Communications Commission (Continued) ...... 3

Finding Aids:

Table of CFR Titles and Chapters ...... 531

Alphabetical List of Agencies Appearing in the CFR ...... 551

Table of OMB Control Numbers ...... 561

List of CFR Sections Affected ...... 569

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

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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2020), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

VerDate Sep<11>2014 17:08 Nov 30, 2020 Jkt 250215 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Q:\47\47V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. PAST PROVISIONS OF THE CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List of CFR Sections Affected (LSA). For the convenience of the reader, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume. For changes to the Code prior to the LSA listings at the end of the volume, consult previous annual editions of the LSA. For changes to the Code prior to 2001, consult the List of CFR Sections Affected compilations, published for 1949- 1963, 1964-1972, 1973-1985, and 1986-2000. ‘‘[RESERVED]’’ TERMINOLOGY The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ location at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that a portion of the CFR was left vacant and not dropped in error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume. An index to the text of ‘‘Title 3—The President’’ is carried within that volume.

VerDate Sep<11>2014 17:08 Nov 30, 2020 Jkt 250215 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Q:\47\47V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg- ister. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Publishing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Publishing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presi- dential Documents and the Privacy Act Compilation are available in electronic format via www.govinfo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866- 512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) website for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s website at www.archives.gov/federal-register. The e-CFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments, produced by the Office of the Federal Register and the Government Publishing Office. It is available at www.ecfr.gov.

OLIVER A. POTTS, Director, Office of the Federal Register October 1, 2020

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Title 47—TELECOMMUNICATION is composed of five volumes. The parts in these volumes are arranged in the following order: Parts 0–19, parts 20–39, parts 40– 69, parts 70–79, and part 80 to end. All five volumes contain chapter I—Federal Communications Commission. The last volume, part 80 to end, also includes chapter II—Office of Science and Technology Policy and National Security Council, chapter III—National Telecommunications and Information Administration, De- partment of Commerce, chapter IV—National Telecommunications and Informa- tion Administration, Department of Commerce, and National Highway Traffic Safety Administration, Department of Transportation, and chapter V—The First Responder Network Authority. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 2020.

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

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

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

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(This book contains parts 20 to 39)

Part

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

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SUBCHAPTER B—COMMON CARRIER SERVICES

Part Page 20 Commercial mobile services ...... 5 22 Public mobile services ...... 35 24 Personal communications services ...... 109 25 Satellite communications...... 144 27 Miscellaneous wireless communications services ... 280 30 Upper microwave flexible use service ...... 413 32 Uniform system of accounts for telecommunications companies ...... 425 36 Jurisdictional separations procedures; standard procedures for separating telecommunications property costs, revenues, expenses, taxes and reserves for telecommunications companies ...... 489 37–39 [Reserved]

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

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PART 20—COMMERCIAL MOBILE construction. Subpart F includes the SERVICES rules for the Wireless Telecommuni- cations Services and the procedures for Sec. filing electronically via the ULS. 20.1 Purpose. (b) Part 2. This part contains the 20.2 Other applicable rule parts. Table of Frequency Allocations and 20.3 Definitions. special requirements in international 20.5 Citizenship. regulations, recommendations, agree- 20.6 CMRS spectrum aggregation limit. 20.7–20.9 [Reserved] ments, and treaties. This part also con- 20.11 Interconnection to facilities of local tains standards and procedures con- exchange carriers. cerning the marketing and importation 20.12 Resale and roaming. of radio frequency devices, and for ob- 20.13 State petitions for authority to regu- taining equipment authorization. late rates. (c) Part 9. This part contains 911 and 20.15 Requirements under Title II of the E911 requirements applicable to tele- Communications Act. 20.18 [Reserved] communications carriers and commer- 20.19 Hearing aid-compatible mobile cial mobile radio service (CMRS) pro- handsets. viders. 20.20 Conditions applicable to provision of CMRS service by incumbent Local Ex- [78 FR 21559, Apr. 11, 2013, as amended at 84 change Carriers. FR 66779, Dec. 5, 2019] 20.21 Signal boosters. 20.22 Rules governing mobile spectrum § 20.3 Definitions. holdings. Automatic Roaming. With automatic 20.23 Contraband wireless devices in correc- roaming, under a pre-existing contrac- tional facilities. tual agreement between a subscriber’s AUTHORITY: 47 U.S.C. 151, 152(a) 154(i), 157, home carrier and a host carrier, a 160, 201, 214, 222, 251(e), 301, 302, 303, 303(b), roaming subscriber is able to originate 303(r), 307, 307(a), 309, 309(j)(3), 316, 316(a), 332, or terminate a call in the host carrier’s 610, 615, 615a, 615b, 615c, unless otherwise noted. service area without taking any special actions. SOURCE: 59 FR 18495, Apr. 19, 1994, unless Commercial mobile data service. (1) Any otherwise noted. mobile data service that is not inter- § 20.1 Purpose. connected with the public switched network and is: The purpose of these rules is to set (i) Provided for profit; and forth the requirements and conditions applicable to commercial mobile radio (ii) Available to the public or to such service providers. classes of eligible users as to be effectively available to the public. § 20.2 Other applicable rule parts. (2) Commercial mobile data service Other FCC rule parts applicable to li- includes services provided by Mobile censees in the commercial mobile radio Satellite Services and Ancillary Ter- services include the following: restrial Component providers to the ex- (a) Part 1. This part includes rules of tent the services provided meet this practice and procedure for license ap- definition. plications, adjudicatory proceedings, Commercial mobile radio service. A mo- procedures for reconsideration and re- bile service that is: view of the Commission’s actions; pro- (a)(1) provided for profit, i.e., with visions concerning violation notices the intent of receiving compensation or and forfeiture proceedings; competitive monetary gain; bidding procedures; and the environ- (2) An interconnected service; and mental requirements that, together (3) Available to the public, or to such with the procedures specified in § 17.4(c) classes of eligible users as to be effec- of this chapter, if applicable, must be tively available to a substantial por- complied with prior to the initiation of tion of the public; or

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(b) The functional equivalent of such connected with the public switched a mobile service described in paragraph network through an interconnected (a) of this definition. service provider, that gives subscribers (c) A variety of factors may be evalu- the capability to communicate to or ated to make a determination whether receive communication from all other the mobile service in question is the users on the public switched network; functional equivalent of a commercial or mobile radio service, including: Con- (b) For which a request for such sumer demand for the service to deter- interconnection is pending pursuant to mine whether the service is closely section 332(c)(1)(B) of the Communica- substitutable for a commercial mobile tions Act, 47 U.S.C. 332(c)(1)(B). A mo- radio service; whether changes in price bile service offers interconnected serv- for the service under examination, or ice even if the service allows sub- for the comparable commercial mobile scribers to access the public switched radio service, would prompt customers network only during specified hours of to change from one service to the the day, or if the service provides gen- other; and market research informa- eral access to points on the public tion identifying the targeted market switched network but also restricts ac- for the service under review. cess in certain limited ways. Inter- (d) Unlicensed radio frequency de- connected service does not include any vices under part 15 of this chapter are interface between a licensee’s facilities excluded from this definition of Com- and the public switched network exclu- mercial mobile radio service. sively for a licensee’s internal control Consumer Signal Booster. A bi-direc- purposes. tional signal booster that is marketed Manual Roaming. With manual roam- and sold for use without modification. ing, a subscriber must establish a rela- Fixed Consumer Signal Booster. A Con- tionship with the host carrier on whose sumer Signal Booster designed to be system he or she wants to roam in operated in a fixed location in a build- order to make a call. Typically, the ing. roaming subscriber accomplishes this Host Carrier. For automatic roaming, in the course of attempting to origi- the host carrier is a facilities-based nate a call by giving a valid credit card CMRS carrier on whose system another number to the carrier providing the carrier’s subscriber roams. A facilities- roaming service. based CMRS carrier may, on behalf of Mobile Consumer Signal Booster. A its subscribers, request automatic Consumer Signal Booster designed to roaming service from a host carrier. operate in a moving vehicle where both Incumbent Wide Area SMR Licensees. uplink and downlink transmitting an- Licensees who have obtained extended tennas are at least 20 cm from the user implementation authorizations in the or any other person. 800 MHz or 900 MHz service, either by Mobile Service. A radio communica- waiver or under Section 90.629 of these tion service carried on between mobile rules, and who offer real-time, two-way stations or receivers and land stations, voice service that is interconnected and by mobile stations communicating with the public switched network. among themselves, and includes: Industrial Signal Booster: All signal (a) Both one-way and two-way radio boosters other than Consumer Signal communications services; Boosters. (b) A mobile service which provides a Interconnection or Interconnected. Di- regularly interacting group of base, rect or indirect connection through mobile, portable, and associated con- automatic or manual means (by wire, trol and relay stations (whether li- microwave, or other technologies such censed on an individual, cooperative, or as store and forward) to permit the multiple basis) for private one-way or transmission or reception of messages two-way land mobile radio communica- or signals to or from points in the pub- tions by eligible users over designated lic switched network. areas of operation; and Interconnected Service. A service: (c) Any service for which a license is (a) That is interconnected with the required in a personal communications public switched network, or inter- service under part 24 of this chapter.

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Non-individual. A non-individual is a Public Switched Network. Any com- partnership and each partner is eight- mon carrier switched network, whether een years of age or older; a corpora- by wire or radio, including local ex- tion; an association; a state, terri- change carriers, interexchange car- torial, or local government unit; or a riers, and mobile service providers, legal entity. that uses the North American Num- Private mobile radio service. A mobile bering Plan in connection with the pro- service that meets neither the para- vision of switched services. graph (a) nor paragraph (b) definitions Signal booster. A device that auto- of commercial mobile radio service set matically receives, amplifies, and re- forth in this section. A mobile service transmits on a bi- or unidirectional that does not meet the paragraph (a) basis, the signals received from base, definition of commercial mobile radio fixed, mobile, or portable stations, service in this section is presumed to with no change in frequency or author- be a private mobile radio service. Pri- ized bandwidth. vate mobile radio service includes the Signal booster operator. The signal following: booster operator is the person or per- (a) Not-for-profit land mobile radio sons with control over the functioning and paging services that serve the li- of the signal booster, or the person or censee’s internal communications persons with the ability to deactivate needs as defined in part 90 of this chap- it in the event of technical malfunc- ter. Shared-use, cost-sharing, or coop- tioning or harmful interference to a erative arrangements, multiple li- primary radio service. censed systems that use third party Wideband Consumer Signal Boosters. managers or users combining resources Wideband Consumer Signal Boosters to meet compatible needs for special- may operate on the frequencies and in ized internal communications facilities the market areas of multiple licensees. in compliance with the safeguards of [59 FR 18495, Apr. 19, 1994, as amended at 61 § 90.179 of this chapter are presump- FR 38402, July 24, 1996; 61 FR 40352, Aug. 2, tively private mobile radio services; 1996; 62 FR 18843, Apr. 17, 1997; 63 FR 2637, (b) Mobile radio service offered to re- Jan. 16, 1998; 64 FR 60130, Nov. 4, 1999; 67 FR stricted classes of eligible users. This 1648, Jan. 14, 2002; 72 FR 50073, Aug. 30, 2007; 75 FR 22276, Apr. 28, 2010; 76 FR 26220, May 6, includes entities eligible in the Public 2011; 78 FR 21559, Apr. 11, 2013; 80 FR 19850, Safety Radio Pool and Radiolocation Apr. 13, 2015; 83 FR 7401, Feb. 21, 2018; 83 FR service. 7922, Feb. 22, 2018; 83 FR 17090, Apr. 18, 2018; (c) 220–222 MHz land mobile service 84 FR 66779, Dec. 5, 2019] and Automatic Vehicle Monitoring systems (part 90 of this chapter) that do § 20.5 Citizenship. not offer interconnected service or that (a) This rule implements section 310 are not-for-profit; and of the Communications Act, 47 U.S.C. (d) Personal Radio Services under 310, regarding the citizenship of licens- part 95 of this chapter (General Mobile ees in the commercial mobile radio Services, Radio Control Radio Serv- services. Commercial mobile radio ices, and Citizens Band Radio Serv- service authorizations may not be ices); Maritime Service Stations (ex- granted to or held by: cluding Public Coast stations) (part 80 (1) Any foreign government or any of this chapter); and Aviation Service representative thereof; Stations (part 87 of this chapter). (2) Any alien or the representative of Provider-Specific Consumer Signal any alien; Boosters. Provider-Specific Consumer (3) Any corporation organized under Signal Boosters may only operate on the laws of any foreign government; the frequencies and in the market (4) Any corporation of which more areas of the specified licensee(s). Pro- than one-fifth of the capital stock is vider-Specific Consumer Signal Boost- owned of record or voted by aliens or ers may only be certificated and oper- their representatives or by a foreign ated with the consent of the licensee(s) government or representative thereof whose frequencies are being amplified or by any corporation organized under by the device. the laws of a foreign country; or

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(5) Any corporation directly or indi- will be attributed to an entity when de- rectly controlled by any other corpora- termining compliance with the cap. tion of which more than one-fourth of (c) Significant overlap. (1) For pur- the capital stock is owned of record or poses of paragraph (a) of this section, voted by aliens, their representatives, significant overlap of a PCS licensed or by a foreign government or rep- service area and CGSA(s) (as defined in resentative thereof, or by any corpora- § 22.911 of this chapter) or SMR service tion organized under the laws of a for- area(s) occurs when at least 10 percent eign country, if the Commission finds of the population of the PCS licensed that the public interest will be served service area for the counties contained by the refusal or revocation of such li- therein, as determined by the latest cense. available decennial census figures as (b) The limits listed in paragraph (a) complied by the Bureau of the Census, of this section may be exceeded by eli- is within the CGSA(s) and/or SMR serv- gible individuals who held ownership ice area(s). interests on May 24, 1993, pursuant to (2) The Commission shall presume the waiver provisions established in that an SMR service area covers less section 332(c)(6) of the Communications than 10 percent of the population of a Act. Transfers of ownership to any PCS service area if none of the base other person in violation of paragraph stations of the SMR licensee are lo- (a) of this section are prohibited. cated within the PCS service area. For an SMR licensee’s base stations that [59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996] are located within a PCS service area, the channels licensed at those sites § 20.6 CMRS spectrum aggregation will be presumed to cover 10 percent of limit. the population of the PCS service area, unless the licensee shows that its pro- (a) Spectrum limitation. No licensee in tected service contour for all of its the broadband PCS, cellular, or SMR services (including all parties under base stations covers less than 10 per- common control) regulated as CMRS cent of the population of the PCS serv- (see 47 CFR 20.9) shall have an attrib- ice area. utable interest in a total of more than (d) Ownership attribution. For pur- 55 MHz of licensed broadband PCS, cel- poses of paragraph (a) of this section, lular, and SMR spectrum regulated as ownership and other interests in CMRS with significant overlap in any broadband PCS licensees, cellular li- geographic area. censees, or SMR licensees will be at- (b) SMR spectrum. To calculate the tributed to their holders pursuant to amount of attributable SMR spectrum the following criteria: for purposes of paragraph (a) of this (1) Controlling interest shall be at- section, an entity must count all 800 tributable. Controlling interest means MHz and 900 MHz channels located at majority voting equity ownership, any any SMR base station inside the geo- general partnership interest, or any graphic area (MTA or BTA) where means of actual working control (in- there is significant overlap. All 800 cluding negative control) over the op- MHz channels located on at least one of eration of the licensee, in whatever those identified base stations count as manner exercised. 50 kHz (25 kHz paired), and all 900 MHz (2) Partnership and other ownership channels located on at least one of interests and any stock interest those identified base stations count as amounting to 20 percent or more of the 25 kHz (12.5 kHz paired); provided that equity, or outstanding stock, or out- any discrete 800 or 900 MHz channel standing voting stock of a broadband shall be counted only once per licensee PCS, cellular or SMR licensee shall be within the geographic area, even if the attributed, except that ownership will licensee in question utilizes the same not be attributed unless the partner- channel at more than one location ship and other ownership interests and within the relevant geographic area. any stock interest amount to at least No more than 10 MHz of SMR spectrum 40 percent of the equity, or outstanding in the 800 and 900 MHz SMR services stock, or outstanding voting stock of a

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broadband PCS, cellular or SMR li- are so associated. The officers and di- censee if the ownership interest is held rectors of an entity that controls a by a small business or a rural tele- broadband PCS licensee or applicant, a phone company, as these terms are de- cellular licensee, or an SMR licensee fined in § 1.2110 of this chapter or other shall be considered to have an attrib- related provisions of the Commission’s utable interest in the broadband PCS rules, or if the ownership interest is licensee or applicant, cellular licensee, held by an entity with a non-control- or SMR licensee. ling equity interest in a broadband (8) Ownership interests that are held PCS licensee or applicant that is a indirectly by any party through one or small business. more intervening corporations will be (3) Investment companies, as defined determined by successive multiplica- in 15 U.S.C. 80a–3, insurance companies tion of the ownership percentages for and banks holding stock through their each link in the vertical ownership trust departments in trust accounts chain and application of the relevant will be considered to have an attrib- attribution benchmark to the resulting utable interest only if they hold 40 per- product, except that if the ownership cent or more of the outstanding voting percentage for an interest in any link stock of a corporate broadband PCS, in the chain exceeds 50 percent or rep- cellular or SMR licensee, or if any of resents actual control, it shall be the officers or directors of the treated as if it were a 100 percent inter- broadband PCS, cellular or SMR li- est. (For example, if A owns 20% of B, censee are representatives of the in- and B owns 40% of licensee C, then A’s vestment company, insurance company interest in licensee C would be 8%. If A or bank concerned. Holdings by a bank owns 20% of B, and B owns 51% of li- or insurance company will be aggre- censee C, then A’s interest in licensee gated if the bank or insurance com- C would be 20% because B’s ownership pany has any right to determine how of C exceeds 50%.) the stock will be voted. Holdings by in- (9) Any person who manages the op- vestment companies will be aggregated erations of a broadband PCS, cellular, if under common management. or SMR licensee pursuant to a manage- (4) Non-voting stock shall be attrib- ment agreement shall be considered to uted as an interest in the issuing enti- have an attributable interest in such ty if in excess of the amounts set forth licensee if such person, or its affiliate, in paragraph (d)(2) of this section. has authority to make decisions or (5) Debt and instruments such as war- otherwise engage in practices or activi- rants, convertible debentures, options, ties that determine, or significantly in- or other interests (except non-voting fluence, stock) with rights of conversion to voting interests shall not be attributed (i) The nature or types of services of- unless and until converted, except that fered by such licensee; this provision does not apply in deter- (ii) The terms upon which such serv- mining whether an entity is a small ices are offered; or business, a rural telephone company, (iii) The prices charged for such serv- or a business owned by minorities and/ ices. or women, as these terms are defined in (10) Any licensee or its affiliate who § 1.2110 of this chapter or other related enters into a joint marketing arrange- provisions of the Commission’s rules. ments with a broadband PCS, cellular, (6) Limited partnership interests or SMR licensee, or its affiliate shall shall be attributed to limited partners be considered to have an attributable and shall be calculated according to interest, if such licensee, or its affil- both the percentage of equity paid in iate, has authority to make decisions and the percentage of distribution of or otherwise engage in practices or ac- profits and losses. tivities that determine, or signifi- (7) Officers and directors of a cantly influence, broadband PCS licensee or applicant, (i) The nature or types of services of- cellular licensee, or SMR licensee shall fered by such licensee; be considered to have an attributable (ii) The terms upon which such serv- interest in the entity with which they ices are offered; or

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(iii) The prices charged for such serv- (4)(i) Parties holding controlling in- ices. terests in broadband PCS, cellular, and/ (e) Divestiture. (1) Divestiture of in- or SMR licensees that conflict with the terests as a result of a transfer of con- attribution threshold or geographic trol or assignment of authorization overlap limitations set forth in this must occur prior to consummating the section will be considered to have come transfer or assignment, except that a into compliance if they have submitted licensee that meets the requirements to the Commission an application for set forth in paragraph (e)(2) of this sec- assignment of license or transfer of tion shall have 90 days from final grant control of the conflicting licensee (see to come into compliance with the spec- § 1.948 of this chapter; see also § 24.839 of trum aggregation limit. this chapter (PCS)) by which, if grant- (2) An applicant with: ed, such parties no longer would have (i) Controlling or attributable owner- an attributable interest in the con- ship interests in broadband PCS, cel- flicting license. Divestiture may be to lular, and/or SMR licenses where the an interim trustee if a buyer has not geographic license areas cover 20 per- been secured in the required period of cent or less of the applicant’s service time, as long as the applicant has no area population; interest in or control of the trustee, (ii) Attributable interests in and the trustee may dispose of the li- broadband PCS, cellular, and/or SMR cense as it sees fit. Where parties to licenses solely due to management broadband PCS, cellular, or SMR appli- agreements or joint marketing agree- cations hold less than controlling (but ments; or still attributable) interests in (iii) Non-controlling attributable in- broadband PCS, cellular, or SMR li- terests in broadband PCS, cellular, and/ censee(s), they shall submit a certifi- or SMR licenses, regardless of the degree to which the geographic license cation that the applicant and all par- areas cover the applicant’s service area ties to the application have come into population, shall be eligible to have its compliance with the limitations on application granted subject to a condi- spectrum aggregation set forth in this tion that the licensee shall come into section. compliance with the spectrum limita- (ii) Applicants that meet the require- tion set out in paragraph (a) within ments of paragraph (e)(2) of this sec- ninety (90) days after final grant. For tion must tender to the Commission purposes of this paragraph, a ‘‘non-con- within ninety (90) days of final grant of trolling attributable interest’’ is one in the initial license, such an assignment which the holder has less than a fifty or transfer application or, in the case (50) percent voting interest and there is of less than controlling (but still at- an unaffiliated single holder of a fifty tributable) interests, a written certifi- (50) percent or greater voting interest. cation that the applicant and all par- (3) The applicant for a license that, if ties to the application have come into granted, would exceed the spectrum ag- compliance with the limitations on gregation limitation in paragraph (a) spectrum aggregation set forth in this of this section shall certify on its ap- section. If no such transfer or assign- plication that it and all parties to the ment application or certification is application will come into compliance tendered to the Commission within with this limitation. If such an appli- ninety (90) days of final grant of the cant is a successful bidder in an auc- initial license, the Commission may tion, it must submit with its long-form consider the certification and the di- application a signed statement describ- vestiture statement to be material, bad ing its efforts to date and future plans faith misrepresentations and shall in- to come into compliance with the spec- voke the condition on the initial li- trum aggregation limitation. A similar cense or the assignment or transfer, statement must also be included with cancelling or rescinding it automati- any application for assignment of li- cally, shall retain all monies paid to censes or transfer of control that, if the Commission, and, based on the granted, would exceed the spectrum ag- facts presented, shall take any other gregation limit. action it may deem appropriate.

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(f) Sunset. This rule section shall shall also comply with applicable pro- cease to be effective January 1, 2003. visions of part 51 of this chapter. (d) Local exchange carriers may not NOTE 1 TO § 20.6: For purposes of the owner- impose compensation obligations for ship attribution limit, all ownership interests in operations that serve at least 10 per- traffic not subject to access charges cent of the population of the PCS service upon commercial mobile radio service area should be included in determining the providers pursuant to tariffs. extent of a PCS applicant’s cellular or SMR (e) An incumbent local exchange car- ownership. rier may request interconnection from NOTE 2 TO § 20.6: When a party owns an at- a commercial mobile radio service pro- tributable interest in more than one cellular vider and invoke the negotiation and or SMR system that overlaps a PCS service arbitration procedures contained in area, the total population in the overlap area section 252 of the Act. A commercial will apply on a cumulative basis. mobile radio service provider receiving NOTE 3 TO § 20.6: Waivers of § 20.6(d) may be granted upon an affirmative showing: a request for interconnection must ne- (1) That the interest holder has less than a gotiate in good faith and must, if re- 50 percent voting interest in the licensee and quested, submit to arbitration by the there is an unaffiliated single holder of a 50 state commission. percent or greater voting interest; [59 FR 18495, Apr. 19, 1994, as amended at 61 (2) That the interest holder is not likely to FR 45619, Aug. 29, 1996; 70 FR 16145, Mar. 30, affect the local market in an anticompeti- 2005; 76 FR 73852, Nov. 29, 2011; 77 FR 1640, tive manner; Jan. 11, 2012] (3) That the interest holder is not involved in the operations of the licensee and does not § 20.12 Resale and roaming. have the ability to influence the licensee on a regular basis; and (a)(1) Scope of manual roaming and (4) That grant of a waiver is in the public resale. Paragraph (c) of this section is interest because the benefits to the public of applicable to providers of Broadband common ownership outweigh any potential Personal Communications Services anticompetitive harm to the market. (part 24, subpart E of this chapter), Cel- [64 FR 54574, Oct. 7, 1999, as amended at 67 FR lular Radio Telephone Service (part 22, 1642, Jan. 14, 2002] subpart H of this chapter), Specialized Mobile Radio Services in the 800 MHz §§ 20.7–20.9 [Reserved] and 900 MHz bands (included in part 90, subpart S of this chapter), and 900 MHz § 20.11 Interconnection to facilities of Broadband Service (included in part 27, local exchange carriers. subpart P of this chapter) if such pro- (a) A local exchange carrier must viders offer real-time, two-way provide the type of interconnection switched voice or data service that is reasonably requested by a mobile serv- interconnected with the public ice licensee or carrier, within a reason- switched network and utilizes an in- able time after the request, unless such network switching facility that enables interconnection is not technically fea- the provider to re-use frequencies and sible or economically reasonable. Com- accomplish seamless hand-offs of sub- plaints against carriers under section scriber calls. The scope of paragraph 208 of the Communications Act, 47 (b) of this section, concerning the re- U.S.C. 208, alleging a violation of this sale rule, is further limited so as to ex- section shall follow the requirements clude from the requirements of that of §§ 1.711–1.734 of this chapter, 47 CFR paragraph those Broadband Personal 1.711–1.734. Communications Services C, D, E, and (b) Local exchange carriers and com- F block licensees that do not own and mercial mobile radio service providers control and are not owned and con- shall exchange Non-Access Tele- trolled by firms also holding cellular A communications Traffic, as defined in or B block licenses. § 51.701 of this chapter, under a bill-and- (2) Scope of automatic roaming. Para- keep arrangement, as defined in § 51.713 graph (d) of this section is applicable to of this chapter, unless they mutually CMRS carriers if such carriers offer agree otherwise. real-time, two-way switched voice or (c) Local exchange carriers and com- data service that is interconnected mercial mobile radio service providers with the public switched network and

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utilizes an in-network switching facil- suant to Sections 201 and 202 of the ity that enables the carrier to re-use Communications Act, 47 U.S.C. 201 and frequencies and accomplish seamless 202. This presumption may be rebutted hand-offs of subscriber calls. Paragraph on a case by case basis. The Commis- (d) of this section is also applicable to sion will resolve automatic roaming the provision of push-to-talk and text- disputes on a case-by-case basis, taking messaging service by CMRS carriers. into consideration the totality of the (3) Scope of offering roaming arrange- circumstances presented in each case. ments for commercial mobile data services. (e) Offering roaming arrangements for Paragraph (e) of this section is applica- commercial mobile data services. (1) A fa- ble to all facilities-based providers of cilities-based provider of commercial commercial mobile data services. mobile data services is required to (b) Resale. The resale rule is applica- offer roaming arrangements to other ble as follows: such providers on commercially rea- (1) Each carrier subject to paragraph sonable terms and conditions, subject (b) of this section shall not restrict the to the following limitations: resale of its services, unless the carrier (i) Providers may negotiate the demonstrates that the restriction is terms of their roaming arrangements reasonable. on an individualized basis; (2) The resale requirement shall not (ii) It is reasonable for a provider not apply to customer premises equipment, to offer a data roaming arrangement to whether or not it is bundled with serv- a requesting provider that is not tech- ices subject to the resale requirement nologically compatible; in this paragraph. (iii) It is reasonable for a provider (3) This paragraph shall cease to be not to offer a data roaming arrange- effective five years after the last group ment where it is not technically fea- of initial licenses for broadband PCS sible to provide roaming for the par- spectrum in the 1850–1910 and the 1930– ticular data service for which roaming 1990 MHz bands is awarded; i.e., at the is requested and any changes to the close of November 24, 2002. host provider’s network necessary to (c) Manual roaming. Each carrier sub- accommodate roaming for such data ject to paragraph (a)(1) of this section service are not economically reason- must provide mobile radio service upon able; request to all subscribers in good (iv) It is reasonable for a provider to standing to the services of any carrier condition the effectiveness of a roam- subject to paragraph (a)(1) of this sec- ing arrangement on the requesting pro- tion, including roamers, while such vider’s provision of mobile data service subscribers are located within any por- to its own subscribers using a generation of the licensee’s licensed service tion of wireless technology comparable area where facilities have been con- to the technology on which the re- structed and service to subscribers has questing provider seeks to roam. commenced, if such subscribers are (2) A party alleging a violation of using mobile equipment that is tech- this section may file a formal or infor- nically compatible with the licensee’s mal complaint pursuant to the proce- base stations. dures in §§ 1.716 through 1.718, 1.720, (d) Automatic roaming. Upon a reason- 1.721, and 1.723 through 1.735 of this able request, it shall be the duty of chapter, which sections are incor- each host carrier subject to paragraph porated herein. For purposes of (a)(2) of this section to provide auto- § 20.12(e), references to a ‘‘carrier’’ or matic roaming to any technologically ‘‘common carrier’’ in the formal and compatible, facilities-based CMRS car- informal complaint procedures incor- rier on reasonable and not unreason- porated herein will mean a provider of ably discriminatory terms and condi- commercial mobile data services. The tions, pursuant to Sections 201 and 202 Commission will resolve such disputes of the Communications Act, 47 U.S.C. on a case-by-case basis, taking into 201 and 202. The Commission shall pre- consideration the totality of the cir- sume that a request by a techno- cumstances presented in each case. The logically compatible CMRS carrier for remedy of damages shall not be avail- automatic roaming is reasonable pur- able in connection with any complaint

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alleging a violation of this section. vider’s customer base during the most Whether the appropriate procedural ve- recent annual period or other data cov- hicle for a dispute is a complaint under ering another reasonable period if an- this paragraph or a petition for declar- nual data is unavailable; and annual atory ruling under § 1.2 of this chapter revenues and rates of return for each may vary depending on the cir- commercial mobile radio service pro- cumstances of each case. vider; (iii) Rate information for each com- [64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000; 72 FR 50074, Aug. 30, mercial mobile radio service provider, 2007; 75 FR 22276, Apr. 28, 2010; 76 FR 26220, including trends in each provider’s May 6, 2011; 85 FR 43134, July 16, 2020] rates during the most recent annual period or other data covering another § 20.13 State petitions for authority to reasonable period if annual data is un- regulate rates. available; (a) States may petition for authority (iv) An assessment of the extent to to regulate the intrastate rates of any which services offered by the commer- commercial mobile radio service. The cial mobile radio service providers the petition must include the following: state proposes to regulate are substi- (1) Demonstrative evidence that mar- tutable for services offered by other ket conditions in the state for commer- carriers in the state; cial mobile radio services do not ade- (v) Opportunities for new providers to quately protect subscribers to such enter into the provision of competing services from unjust and unreasonable services, and an analysis of any bar- rates or rates that are unjustly or un- riers to such entry; reasonably discriminatory. Alter- (vi) Specific allegations of fact (sup- natively, a state’s petition may include ported by affidavit of person with per- demonstrative evidence showing that sonal knowledge) regarding anti-com- market conditions for commercial mo- petitive or discriminatory practices or bile radio services do not protect sub- behavior by commercial mobile radio scribers adequately from unjust and service providers in the state; unreasonable rates, or rates that are (vii) Evidence, information, and anal- unjustly or unreasonably discrimina- ysis demonstrating with particularity tory, and that a substantial portion of instances of systematic unjust and un- the commercial mobile radio service reasonable rates, or rates that are un- subscribers in the state or a specified just or unreasonably discriminatory, geographic area have no alternative imposed upon commercial mobile radio means of obtaining basic telephone service subscribers. Such evidence service. This showing may include evi- should include an examination of the dence of the range of basic telephone relationship between rates and costs. service alternatives available to con- Additionally, evidence of a pattern of sumers in the state. such rates, that demonstrates the in- (2) The following is a non-exhaustive ability of the commercial mobile radio list of examples of the types of evi- service marketplace in the state to dence, information, and analysis that produce reasonable rates through com- may be considered pertinent to deter- petitive forces will be considered espe- mine market conditions and consumer cially probative; and protection by the Commission in re- (viii) Information regarding cus- viewing any petition filed by a state tomer satisfaction or dissatisfaction under this section: with services offered by commercial (i) The number of commercial mobile mobile radio service providers, includ- radio service providers in the state, the ing statistics and other information types of services offered by commercial about complaints filed with the state mobile radio service providers in the regulatory commission. state, and the period of time that these (3) Petitions must include a certifi- providers have offered service in the cation that the state agency filing the state; petition is the duly authorized state (ii) The number of customers of each agency responsible for the regulation commercial mobile radio service proof telecommunication services provider in the state; trends in each provided in the state.

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(4) Petitions must identify and de- (c) No sooner than 18 months from scribe in detail the rules the state pro- grant of authority by the Commission poses to establish if the petition is under this section for state rate regula- granted. tions, any interested party may peti- (5) States have the burden of proof. tion the Commission for an order to Interested parties may file comments discontinue state authority for rate in support or in opposition to the peti- regulation. tion within 30 days after public notice (1) Petitions to discontinue state au- of the filing of a petition by a state thority for rate regulation must be under this section. Any interested based on recent empirical data or other party may file a reply within 15 days significant evidence demonstrating after the expiration of the filing period that the exercise of rate authority by a for comments. No additional pleadings state is no longer necessary to ensure may be filed. Except for § 1.45 of this that the rates for commercial mobile chapter, practice and procedure rules are just and reasonable or not unjustly contained in §§ 1.42–1.52 of this chapter or unreasonably discriminatory. shall apply. The provisions of §§ 1.771– (2) Any interested party may file 1.773 of this chapter do not apply. comments in support of or in opposi- (6) The Commission shall act upon tion to the petition within 30 days any petition filed by a state under this after public notice of the filing of the paragraph not later than the end of the petition. Any interested party may file nine-month period after the filing of a reply within 15 days after the time the petition. for filing comments has expired. No additional pleadings may be filed. Except (7) If the Commission grants the peti- for 1.45 of this chapter, practice and tion, it shall authorize the state to reg- procedure rules contained in § 1.42–1.52 ulate rates for commercial mobile of this chapter apply. The provisions of radio services in the state during a rea- §§ 1.771–1.773 of this chapter do not sonable period of time, as specified by apply. the Commission. The period of time (3) The Commission shall act upon specified by the Commission will be any petition filed by any interested that necessary to ensure that rates are party under this paragraph within nine just and reasonable, or not unjustly or months after the filing of the petition. unreasonably discriminatory. (b) States that regulated rates for § 20.15 Requirements under Title II of commercial mobile services as of June the Communications Act. 1, 1993, may petition the Commission (a) Commercial mobile radio services under this section before August 10, providers, to the extent applicable, 1994, to extend this authority. must comply with sections 201, 202, 206, (1) The petition will be acted upon by 207, 208, 209, 216, 217, 223, 225, 226, 227, the Commission in accordance with the and 228 of the Communications Act, 47 provisions of paragraphs (a)(1) through U.S.C. 201, 202, 206, 207, 208, 209, 216, 217, (a)(5) of this section. 223, 225, 226, 227, 228; part 68 of this (2) The Commission shall act upon chapter, 47 CFR part 68; and §§ 1.701– the petition (including any reconsider- 1.748, and 1.815 of this chapter, 47 CFR ation) not later than the end of the 12- 1.701–1.748, 1.815. month period following the date of the (b) Commercial mobile radio service filing of the petition by the state in- providers are not required to: volved. Commercial mobile radio serv- (1) File with the Commission copies ice providers offering such service in of contracts entered into with other the state shall comply with the exist- carriers or comply with other reporting ing regulations of the state until the requirements, or with §§ 1.781 through petition and any reconsideration of the 1.814 and 43.21 of this chapter; except petition are acted upon by the Commis- that commercial radio service pro- sion. viders that are facilities-based pro- (3) The provisions of paragraph (a)(7) viders of broadband service or facili- of this section apply to any petition ties-based providers of mobile teleph- granted by the Commission under this ony service, as described in § 1.7001(b)(1) paragraph. and (3) of this chapter, are required to

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file reports pursuant to §§ 1.7000–1.7002 ated facilities-based provider’s inter- of this chapter. For purposes of this national switched services. section, mobile telephony is defined as (3) For purposes of paragraphs (d)(1) real-time, two-way switched voice and (2) of this section, affiliated and for- service that is interconnected with the eign carrier are defined in § 63.09 of this public switched network utilizing an Chapter. in-network switching facility that en- (e) For obligations of commercial ables the provider to reuse frequencies mobile radio service providers to pro- and accomplish seamless handoff of vide local number portability, see § 52.1 subscriber calls. of this chapter. (2) Seek authority for interlocking directors (section 212 of the Commu- [59 FR 18495, Apr. 19, 1994, as amended at 61 nications Act); FR 38637, July 25, 1996; 63 FR 43040, Aug. 11, 1998; 65 FR 19685, Apr. 12, 2000; 65 FR 24654, (3) Submit applications for new fa- Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001; 69 FR cilities or discontinuance of existing 77938, Dec. 29, 2004; ; 85 FR 838, Jan. 8, 2020] facilities (section 214 of the Commu- nications Act). § 20.18 [Reserved] (c) Commercial mobile radio service providers shall not file tariffs for inter- § 20.19 Hearing aid-compatible mobile national and interstate service to their handsets. customers, interstate access service, or (a) Scope of section; definitions—(1) international and interstate operator Service providers. (i) On or after Janu- service. Sections 1.771 through 1.773 ary 1, 2018 for Tier I carriers and April and part 61 of this chapter are not ap- 1, 2018 for service providers other than plicable to international and interstate Tier I carriers, the hearing aid compat- services provided by commercial mo- ibility requirements of this section bile radio service providers. Commer- apply to providers of digital mobile cial mobile radio service providers service in the United States to the ex- shall cancel tariffs for international tent that they offer terrestrial mobile and interstate service to their cus- service that enables two-way real-time tomers, interstate access service, and voice communications among members international and interstate operator of the public or a substantial portion of service. the public, including both inter- (d) Except as specified as in para- connected and non-interconnected graphs (d)(1) and (2), nothing in this VoIP services, and such service is pro- section shall be construed to modify vided over frequencies in the 698 MHz the Commission’s rules and policies on to 6 GHz bands. the provision of international service under part 63 of this chapter. (ii) Prior to January 1, 2018 for Tier I carriers and April 1, 2018 for service (1) Notwithstanding the provisions of § 63.21(c) of this chapter, a commercial providers other than Tier I carriers, mobile radio service provider is not re- the hearing aid compatibility require- quired to comply with § 42.10 of this ments of this section apply to pro- chapter. viders of digital CMRS in the United (2) A commercial mobile radio serv- States to the extent that they offer ice (CMRS) provider that is classified real-time, two-way switched voice or as dominant under § 63.10 of this chap- data service that is interconnected ter due to an affiliation with a foreign with the public switched network and carrier is required to comply with utilizes an in-network switching facil- § 42.11 of this chapter if the affiliated ity that enables the provider to reuse foreign carrier collects settlement pay- frequencies and accomplish seamless ments from U.S. carriers for termi- hand-offs of subscriber calls, and such nating U.S. international switched service is provided over frequencies in traffic at the foreign end of the route. the 698 MHz to 6 GHz bands. Such a CMRS provider is not required (2) Manufacturers. On or after Janu- to comply with § 42.11, however, if it ary 1, 2018, the requirements of this provides service on the affiliated route section also apply to the manufactur- solely through the resale of an unaffili- ers of the wireless handsets that are

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used in delivery of the services speci- for a permissive change relating to fied in paragraph (a)(1)(i) of this sec- hearing aid compatibility must also be tion. Prior to January 1, 2018, the re- equipped with volume control that pro- quirements of this section also apply to duces sound levels suitable for persons the manufacturers of the wireless with hearing loss (including persons handsets that are used in delivery of with and without hearing aids). Any the services specified in paragraph grants of certification issued to (a)(1)(ii) of this section. handsets not equipped with such vol- (3) Definitions. For purposes of this ume control that were submitted for section: certification before March 1, 2021, re- (i) Handset refers to a device used in main valid for hearing aid compat- delivery of the services specified in ibility purposes. paragraph (a)(1) of this section that (2) For inductive coupling. A wireless contains a built-in speaker and is typi- handset submitted for equipment cer- cally held to the ear in any of its ordi- tification or for a permissive change nary uses. relating to hearing aid compatibility (ii) Manufacturer refers to a wireless on or after August 28, 2018, must meet, handset manufacturer to which the re- at a minimum, the T3 rating associated quirements of this section apply. with the technical standard set forth in (iii) Model refers to a wireless the standard document ‘‘American Na- handset device that a manufacturer tional Standard Methods of Measure- has designated as a distinct device ment of Compatibility Between Wire- model, consistent with its own mar- less Communication Devices and Hear- keting practices. However, if a manu- ing Aids,’’ ANSI C63.19–2011. Any grants facturer assigns different model device of certification issued for handsets sub- designations solely to distinguish units mitted for such certification before Au- sold to different carriers, or to signify gust 28, 2018, under ANSI C63.19–2011, or other distinctions that do not relate to previous versions of ANSI C63.19, re- either form, features, or capabilities, main valid for hearing aid compat- such designations shall not count as ibility purposes. distinct models for purposes of this section. (3) Handsets operating over multiple fre- (iv) Service provider refers to a pro- quency bands or air interfaces. (i) Except vider of digital mobile service to which as provided in paragraph (b)(3)(ii) of the requirements of this section apply. this section, a wireless handset used (v) Tier I carrier refers to a CMRS pro- for digital mobile service only over the vider that offers such service nation- 698 MHz to 6 GHz frequency bands is wide. hearing aid-compatible with regard to (b) Hearing aid compatibility; technical radio frequency interference or induc- standards—(1) For radio frequency inter- tive coupling if it meets the applicable ference and volume control. A wireless technical standard set forth in para- handset submitted for equipment cer- graph (b)(1) or (b)(2) of this section for tification or for a permissive change all frequency bands and air interfaces relating to hearing aid compatibility over which it operates, and the handset on or after August 28, 2018, must meet, has been certified as compliant with at a minimum, the M3 rating associ- the test requirements for the applica- ated with the technical standard set ble standard pursuant to § 2.1033(d) of forth in the standard document this chapter. A wireless handset that ‘‘American National Standard Methods incorporates operations outside the 698 of Measurement of Compatibility Be- MHz to 6 GHz frequency bands is hear- tween Wireless Communication De- ing aid-compatible if the handset oth- vices and Hearing Aids,’’ ANSI C63.19– erwise satisfies the requirements of 2011. Any grants of certification issued this paragraph (b). before August 28, 2018, under ANSI (ii) A handset that is introduced by C63.19–2011, or previous versions of the manufacturer prior to July 17, 2013, ANSI C63.19, remain valid for hearing and that does not meet the require- aid compatibility purposes. Beginning ments for hearing aid compatibility March 1, 2021, a wireless handset sub- under paragraph (b)(3)(i) of this sec- mitted for equipment certification or tion, is hearing aid-compatible for

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

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(i) Ensure that at least fifty (50) per- (3) Beginning May 15, 2010, at least cent of the handset models it offers ten (10) handset models. comply with paragraph (b)(1) of this (iii) Beginning April 3, 2020, ensure section, calculated based on the total that at least sixty-six (66) percent of number of unique digital wireless the handset models it offers comply handset models the carrier offers na- with paragraphs (b)(1) and (2) of this tionwide; or section, calculated based on the total (ii) Ensure that it offers, at a min- number of unique digital wireless imum, the following specified number handset models the carrier offers. of handset models that comply with (iv) Beginning April 3, 2023, ensure paragraph (b)(1) of this section: that at least eighty-five (85) percent of (A) Prior to February 15, 2009, at the handset models it offers comply least eight (8) handset models; with paragraphs (b)(1) and (2) of this (B) Beginning February 15, 2009, at section, calculated based on the total least nine (9) handset models; and number of unique digital wireless (C) Beginning February 15, 2010, at handset models the carrier offers. least ten (10) handset models. (4) All service providers. The following (iii) Beginning April 3, 2019, each Tier requirements apply to Tier I carriers I carrier must ensure that at least and all other service providers. sixty-six (66) percent of the handset (i) In-store testing. Each service pro- models it offers comply with para- vider must make available for con- graphs (b)(1) and (2) of this section, cal- sumers to test, in each retail store culated based on the total number of owned or operated by the provider, all unique digital wireless handset models of its handset models that comply with the carrier offers nationwide. Begin- paragraph (b)(1) of this section. ning April 4, 2022, each Tier I carrier (ii) Offering models with differing levels must ensure that at least eighty-five of functionality. Each service provider (85) percent of the handset models it of- must offer its customers a range of fers comply with paragraphs (b)(1) and hearing aid-compatible models with (2) of this section, calculated based on differing levels of functionality (e.g., the total number of unique digital operating capabilities, features offered, wireless handset models the carrier of- prices). Each provider may determine fers nationwide. the criteria for determining these dif- (3) Service providers other than Tier I fering levels of functionality. carriers. For each digital air interface (d) Phase-in of requirements relating for which it offers wireless handsets to to inductive coupling capability. The customers, each service provider other following applies to each manufacturer than a Tier I carrier must: and service provider that offers wire- (i) Prior to September 7, 2008, include less handsets used in the delivery of in the handset models it offers at least the services specified in paragraph (a) two handset models that comply with of this section and that does not fall paragraph (b)(1) of this section; within the de minimis exception set (ii) Beginning September 7, 2008, ei- forth in paragraph (e) of this section. ther: However, prior to July 17, 2014 for man- (A) Ensure that at least fifty (50) per- ufacturers and Tier I carriers and Octo- cent of the handset models it offers ber 17, 2014 for service providers other comply with paragraph (b)(1) of this than Tier I carriers, the requirements section, calculated based on the total of this section do not apply to handset number of unique digital wireless operations over frequency bands and handset models the service provider of- air interfaces for which technical fers nationwide; or standards are not stated in ANSI (B) Ensure that it offers, at a min- C63.19–2007. imum, the following specified number (1) Manufacturers. Each manufacturer of handset models that comply with offering to service providers four or paragraph (b)(1) of this section: more handset models, and beginning (1) Until May 15, 2009, at least eight September 8, 2011, each manufacturer (8) handset models; offering four or more handset models, (2) Beginning May 15, 2009, at least in a digital air interface for use in the nine (9) handset models; and United States or imported for use in

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the United States must ensure that it (B) Beginning February 15, 2009, at offers to service providers, and begin- least five (5) handset models; ning September 8, 2011, must ensurel (C) Beginning February 15, 2010, at that it offers, at a minimum, the fol- least seven (7) handset models; and lowing number of handset models that (D) Beginning February 15, 2011, at comply with the requirements set forth least ten (10) handset models. in paragraph (b)(2) of this section, (iii) Beginning April 3, 2019, each Tier whichever number is greater in any I carrier must ensure that at least given year. sixty-six (66) percent of the handset (i) At least two (2) handset models in models it offers comply with para- that air interface; or graphs (b)(1) and (2) of this section, cal- (ii) At least the following percentage culated based on the total number of of handset models (rounded down to unique digital wireless handset models the nearest whole number): the carrier offers nationwide. Begin- (A) Beginning February 15, 2009, at ning April 4, 2022, each Tier I carrier least twenty (20) percent of its handset must ensure that at least eighty-five models in that air interface, provided (85) percent of the handset models it of- that, of any such models introduced fers comply with paragraphs (b)(1) and during calendar year 2009, one model (2) of this section, calculated based on may be rated using ANSI C63.19–2006 the total number of unique digital (June 12, 2006), and all other models in- wireless handset models the carrier of- troduced during that year or subse- fers nationwide. quent years shall be rated using ANSI (3) Service providers other than Tier I C63.19–2007 (June 8, 2007) or subse- carriers. For each digital air interface quently adopted version as may be ap- for which it offers wireless handsets to proved pursuant to paragraph (k); customers, each service provider other (B) Beginning February 15, 2010, at than a Tier I carrier must: least twenty-five (25) percent of its (i) Prior to September 7, 2008, include handset models in that air interface; in the handset models it offers at least and two handset models that comply with (C) Beginning February 15, 2011, at paragraph (b)(2) of this section; least one-third of its handset models in (ii) Beginning September 7, 2008, ei- that air interface. ther: (D) Beginning October 3, 2018, at least (A) Ensure that at least one-third of sixty-six (66) percent of the handset the handset models it offers comply models in that air interface, which with paragraph (b)(2) of this section, must comply with paragraphs (b)(1) calculated based on the total number and (2) of this section. of unique digital wireless handset mod- (E) Beginning October 4, 2021, at least els the carrier offers nationwide; or eighty-five (85) percent of the handset models in that air interface, which (B) Ensure that it offers, at a min- must comply with paragraphs (b)(1) imum, the following specified number and (2) of this section. of handset models that comply with (2) Tier I carriers. For each digital air paragraph (b)(2) of this section: interface for which it offers wireless (1) Until May 15, 2009, at least three handsets to service providers, each Tier (3) handset models; I carrier must: (2) Beginning May 15, 2009, at least (i) Ensure that at least one-third of five (5) handset models; the handset models it offers comply (3) Beginning May 15, 2010, at least with paragraph (b)(2) of this section, seven (7) handset models; and calculated based on the total number (4) Beginning May 15, 2011, at least of unique digital wireless handset mod- ten (10) handset models. els the carrier offers nationwide; or (iii) Beginning April 3, 2020, ensure (ii) Ensure that it offers, at a min- that at least sixty-six (66) percent of imum, the following specified number the handset models it offers comply of handset models that comply with with paragraphs (b)(1) and (2) of this paragraph (b)(2) of this section: section, calculated based on the total (A) Prior to February 15, 2009, at number of unique digital wireless least three (3) handset models; handset models the carrier offers;

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(iv) Beginning April 3, 2023, ensure only from manufacturers that offer one that at least eighty-five (85) percent of or two digital wireless handset models the handset models it offers comply in an air interface in the United with paragraphs (b)(1) and (2) of this States, and that have had more than section, calculated based on the total 750 employees for at least two years number of unique digital wireless and have offered handsets over that air handset models the carrier offers. interface for at least two years, are re- (4) All service providers. The following quired to offer at least one handset requirements apply to Tier I carriers model in that air interface compliant and all other service providers. with paragraphs (b)(1) and (b)(2) of this (i) In-store testing. Each service pro- section, except as provided in para- vider must make available for con- graph (e)(1)(iii) of this section. For pur- sumers to test, in each retail store poses of this paragraph, employees of a owned or operated by the provider, all parent, subsidiary, or affiliate com- of its handset models that comply with pany under common ownership or con- paragraph (b)(2) of this section. trol with a manufacturer or service (ii) Offering models with differing levels provider are considered employees of of functionality. Each service provider the manufacturer or service provider. must offer its customers a range of Manufacturers and service providers hearing aid-compatible models with covered by this paragraph must also differing levels of functionality (e.g., comply with all other requirements of operating capabilities, features offered, this section. prices). Each provider may determine (iii) Manufacturers and service pro- the criteria for determining these dif- viders that offer one or two digital fering levels of functionality. handset models that operate over the (e) De minimis exception. (1)(i) Manu- GSM air interface in the 1900 MHz band facturers or service providers that offer may satisfy the requirements of para- two or fewer digital wireless handsets graph (e)(1)(ii) of this section by offer- in an air interface in the United States ing at least one handset model that are exempt from the requirements of complies with paragraph (b)(2) of this this section in connection with that air section and that either complies with interface, except with regard to the re- paragraph (b)(1) of this section or porting and certification requirements meets the following conditions: in paragraph (i) of this section. Service (A) The handset enables the user op- providers that obtain handsets only tionally to reduce the maximum power from manufacturers that offer two or at which the handset will operate by no fewer digital wireless handset models more than 2.5 decibels, except for emer- in an air interface in the United States gency calls to 911, only for GSM oper- are likewise exempt from the require- ations in the 1900 MHz band; ments of this section other than para- (B) The handset would comply with graph (i) of this section in connection paragraph (b)(1) of this section if the with that air interface. power as so reduced were the maximum (ii) Notwithstanding paragraph power at which the handset could oper- (e)(1)(i) of this section, beginning Sep- ate; tember 10, 2012, manufacturers that (C) Customers are informed of the have had more than 750 employees for power reduction mode as provided in at least two years and service providers paragraph (f)(3) of this section. Manu- that have had more than 1500 employ- facturers and service providers covered ees for at least two years, and that by this paragraph must also comply have been offering handsets over an air with all other requirements of this sec- interface for at least two years, that tion; and offer one or two digital wireless (D) The handset was certified as handsets in that air interface in the meeting the requirements of paragraph United States must offer at least one (b)(1) of this section with the power re- handset model compliant with para- duction prior to August 28, 2018. graphs (b)(1) and (b)(2) of this section (2) Manufacturers or service pro- in that air interface, except as provided viders that offer three digital wireless in paragraph (e)(1)(iii) of this section. handset models in an air interface Service providers that obtain handsets must offer at least one handset model

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compliant with paragraphs (b)(1) and quency band. An explanation of the (b)(2) of this section in that air inter- ANSI C63.19 rating system must also be face. Service providers that obtain included in the device’s user’s manual handsets only from manufacturers that or as an insert in the packaging mate- offer three digital wireless handset rial for the handset. models in an air interface in the United (ii) Volume control. Beginning March States are required to offer at least one 1, 2021, manufacturers and service pro- handset model in that air interface viders shall ensure that handsets that compliant with paragraphs (b)(1) and are hearing aid compatible, as defined (b)(2) of this section. in paragraph (b) of this section, clearly (3) Beginning October 3, 2018, manu- display information indicating the facturers that offer four or five digital handset’s amplification capabilities on wireless handset models in an air inter- the packaging material of the handset. face must offer at least two handset If the handset has been certified as models compliant with paragraphs compliant with a technical standard (b)(1) and (2) of this section in that air that specifies acceptable numerical interface. Beginning April 3, 2019, Tier metrics or qualitative ratings for I carriers who offer four digital wire- handset volume control, the labeling less handset models in an air interface shall include the relevant volume con- must offer at least two handsets com- trol metrics or ratings. In the event pliant with paragraphs (b)(1) and (2) of that such a handset achieves different this section in that air interface and metrics or ratings over different air Tier I carriers who offer five digital interfaces or different frequency bands, wireless handset models in an air inter- the volume control metrics or ratings face must offer at least three handsets displayed shall be the lowest metrics or compliant with paragraphs (b)(1) and ratings assigned to that handset for (2) of this section in that air interface. any air interface or frequency band. An Beginning April 3, 2020, service pro- explanation of such volume control viders, other than Tier I carriers, who metrics or ratings shall be included in offer four digital wireless handset mod- the device’s user manual or as an in- els in an air interface must offer at sert in the packaging material for the least two handset models compliant handset. with paragraphs (b)(1) and (2) of this (2) Disclosure requirements relating section in that air interface and service to handsets treated as hearing aid-com- providers, other than Tier I carriers, patible over fewer than all their oper- who offer five digital wireless handset ations. models in an air interface must offer at (i) Each manufacturer and service least three handsets compliant with provider shall ensure that, wherever it paragraphs (b)(1) and (2) of this section provides hearing aid compatibility rat- in that air interface. ings for a handset that is considered (f) Labeling and disclosure require- hearing aid-compatible under para- ments—(1) Labeling requirements—(i) In- graph (b)(3)(ii) of this section only with ductive coupling and RF interference re- respect to those frequency bands and duction. Manufacturers and service pro- air interfaces for which technical viders shall ensure that handsets that standards are stated in ANSI C63.19– are hearing aid-compatible, as defined 2007 and that has not been tested for in paragraph (b) of this section, clearly hearing aid compatibility under ANSI display the rating, as defined in para- C63.19–2011, or any handset that oper- graphs (b)(1) and (2) of this section, on ates over frequencies outside of the 698 the packaging material of the handset. MHz to 6 GHz bands, it discloses to In the event that a hearing aid-compat- consumers, by clear and effective ible handset achieves different radio means (e.g., inclusion of call-out cards interference or inductive coupling rat- or other media, revisions to packaging ings over different air interfaces or dif- materials, supplying of information on ferent frequency bands, the RF inter- Web sites), that the handset has not ference reduction and inductive cou- been rated for hearing aid compat- pling capability ratings displayed shall ibility with respect to some of its oper- be the lowest rating assigned to that ation(s). This disclosure shall include handset for any air interface or fre- the following language:

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This phone has been tested and rated for means (e.g., inclusion of call-out cards use with hearing aids for some of the wire- or other media, revisions to packaging less technologies that it uses. However, there materials, supplying of information on may be some newer wireless technologies Web sites), that user activation of a used in this phone that have not been tested yet for use with hearing aids. It is important special mode is necessary to meet the to try the different features of this phone hearing aid compatibility standard. In thoroughly and in different locations, using addition, each manufacturer or service your hearing aid or cochlear implant, to de- provider shall ensure that the device termine if you hear any interfering noise. manual or a product insert explains Consult your service provider or the manu- how to activate the special mode and facturer of this phone for information on that doing so may result in a reduction hearing aid compatibility. If you have ques- of coverage. tions about return or exchange policies, consult your service provider or phone retailer. (g) Model designation requirements. Where a manufacturer has made phys- (ii) However, service providers are ical changes to a handset that result in not required to include this language a change in the hearing aid compat- in the packaging material for handsets ibility rating under paragraph (b)(1) or that incorporate a Wi-Fi air interface (b)(2) of this section, the altered and that were obtained by the service handset must be given a model designa- provider before March 8, 2011, provided tion distinct from that of the handset that the service provider otherwise dis- prior to its alteration. closes by clear and effective means (h) Website and record retention re- that the handset has not been rated for quirements. (1) Each manufacturer and hearing aid compatibility with respect service provider that operates a pub- to Wi-Fi operation. licly-accessible website must make (iii) Each manufacturer and service available on its website a list of all provider shall ensure that, wherever it hearing aid-compatible models cur- provides hearing aid compatibility rat- rently offered, the ratings of those ings for a handset that is considered models, and an explanation of the rat- hearing aid-compatible under para- ing system. Each service provider must graph (b)(3)(ii) of this section only with also specify on its website, based on respect to those frequency bands and the levels of functionality and rating air interfaces for which technical that the service provider has defined, standards are stated in ANSI C63.19– the level that each hearing aid-compat- 2007, and that the manufacturer has ible model falls under, as well as an ex- tested and found not to meet hearing planation of how the functionality of aid compatibility requirements under the handsets varies at the different lev- ANSI C63.19–2011 for operations over els. Each service provider must also in- one or more air interfaces or frequency clude on its website: A list of all non- bands for which technical standards hearing aid-compatible models cur- are not stated in ANSI C63.19–2007, it rently offered, including the level of discloses to consumers, by clear and ef- functionality that each of those models fective means (e.g., inclusion of call- falls under, an explanation of how the out cards or other media, revisions to functionality of the handsets varies at packaging materials, supplying of in- the different levels as well as a link to formation on Web sites), that the the current FCC web page containing handset does not meet the relevant rat- information about the wireless hearing ing or ratings with respect to such op- aid compatibility rules and service pro- eration(s). viders’ obligations. Each service pro- (3) Disclosure requirement relating to vider must also include the marketing handsets that allow the user to reduce the model name/number(s) and FCC ID maximum power for GSM operation in the number of each hearing aid-compatible 1900 MHz band. Handsets offered to sat- and non-hearing aid-compatible model isfy paragraph (e)(1)(iii) of this section currently offered. shall be labeled as meeting an M3 rat- (2) Service providers must maintain ing. Each manufacturer and service on their website either: provider shall ensure that, wherever (i) A link to a third-party website as this rating is displayed, it discloses to designated by the Commission or Wire- consumers, by clear and effective less Telecommunications Bureau with

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information regarding hearing aid- this section by January 15 of each year. compatible and non-hearing aid-com- Information in each report and certifi- patible handset models; or cation must be up-to-date as of the last (ii) A clearly marked list of hearing day of the calendar month preceding aid-compatible handset models that the due date of each report and certifi- are no longer offered if the calendar cation. month/year that model was last offered (2) Content of manufacturer reports. is within 24 months of the current cal- Reports filed by manufacturers must endar month/year and was last offered include: in January 2018 or later along with the (i) Digital wireless handset models information listed in paragraph (h)(1) tested, since the most recent report, of this section for each hearing aid- for compliance with the applicable compatible handset. hearing aid compatibility technical (3) If the Wireless Telecommuni- ratings; cations Bureau determines that the (ii) Compliant handset models offered third-party website has been elimi- to service providers since the most re- nated or is not updated in a timely cent report, identifying each model by manner, it may select another website marketing model name/number(s) and or require service providers to comply FCC ID number; with paragraph (h)(2)(ii) of this section. (iii) For each compliant model, the (4) The information on the website air interface(s) and frequency band(s) must be updated within 30 days of any over which it operates, the hearing aid relevant changes, and any website compatibility ratings for each fre- pages containing information so up- quency band and air interface under dated must indicate the day on which ANSI Standard C63.19, the ANSI Stand- the update occurred. ard C63.19 version used, and the months (5) Service providers must maintain in which the model was available to internal records including the ratings, service providers since the most recent if applicable, of all hearing aid-compat- report; ible and non-hearing aid-compatible (iv) Non-compliant models offered to models no longer offered (if the cal- service providers since the most recent endar month/year that model was last report, identifying each model by mar- offered is within 24 months of the cur- keting model name/number(s) and FCC rent calendar month/year and was last ID number; offered in January 2018 or later); for (v) For each non-compliant model, models no longer offered (if the cal- the air interface(s) over which it oper- endar month/year that model was last ates and the months in which the offered is within 24 months of the cur- model was available to service pro- rent calendar month/year), the cal- viders since the most recent report; endar months and years each hearing (vi) Total numbers of compliant and aid-compatible and non-hearing aid- non-compliant models offered to serv- compatible model was first and last of- ice providers for each air interface as fered; and the marketing model name/ of the time of the report; number(s) and FCC ID number of each (vii) Any instance, as of the date of hearing aid-compatible and non-hear- the report or since the most recent re- ing aid-compatible model no longer of- port, in which multiple compliant or fered (if the calendar month/year that non-compliant devices were marketed model was last offered is within 24 under separate model name/numbers months of the current calendar month/ but constitute a single model for pur- year and was last offered in January poses of the hearing aid compatibility 2018 or later). rules, identifying each device by mar- (i) Reporting requirements—(1) Report- keting model name/number and FCC ID ing and certification dates. Manufactur- number; ers shall submit reports on efforts to- (viii) Status of product labeling; ward compliance with the require- (ix) Outreach efforts; and ments of this section on an annual (x) If the manufacturer maintains a basis on July 15. Service providers public Web site, the Web site address of shall submit certifications on their the page(s) containing the information compliance with the requirements of regarding hearing aid-compatible

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handset models required by paragraph pliance began and (if applicable) ended (h) of this section. with respect to each requirement. (4) Format. The Wireless Tele- NOTE TO PARAGRAPH (i)(2): For reports due on January 15, 2009, information provided communications Bureau is delegated with respect to paragraphs (i)(2)(ii) authority to approve or prescribe for- through(i)(2)(v) and (i)(2)(vii) and (i)(2)(viii) mats and methods for submission of need be provided only for the six-month pe- the reports and certifications required riod from July 1 to December 31, 2008. by this section. Any format that the (3) Content of service provider certifi- Bureau may approve or prescribe shall cations. Certifications filed by service be made available on the Bureau’s providers must include: website. (i) The name of the signing executive (j) Enforcement. Enforcement of this and contact information; section is hereby delegated to those states that adopt this section and pro- (ii) The company(ies) covered by the vide for enforcement. The procedures certification; followed by a state to enforce this sec- (iii) The FCC Registration Number tion shall provide a 30-day period after (FRN); a complaint is filed, during which time (iv) If the service provider is subject state personnel shall attempt to re- to paragraph (h) of this section, the solve a dispute on an informal basis. If website address of the page(s) con- a state has not adopted or incorporated taining the required information re- this section, or failed to act within six garding handset models; (6) months from the filing of a com- (v) The percentage of handsets of- plaint with the state public utility fered that are hearing aid-compatible commission, the Commission will ac- (providers will derive this percentage cept such complaints. A written notifi- by determining the number of hearing cation to the complainant that the aid-compatible handsets offered across state believes action is unwarranted is all air interfaces during the year di- not a failure to act. The procedures set vided by the total number of handsets forth in part 68, subpart E of this chap- offered during the year); and ter are to be followed. (vi) The following language: (k) Delegation of rulemaking authority. I am a knowledgeable executive [of com- (1) The Chief of the Wireless Tele- pany x] regarding compliance with the Fed- communications Bureau and the Chief eral Communications Commission’s wireless of the Office of Engineering and Tech- hearing aid compatibility requirements at a nology are delegated authority, by no- wireless service provider covered by those re- tice-and-comment rulemaking, to issue quirements. I certify that the provider was [(in full an order amending this section to the compliance/not in full compliance)] [choose extent necessary to adopt technical one] at all times during the applicable time standards for additional frequency period with the Commission’s wireless hear- bands and/or air interfaces upon the es- ing aid compatibility deployment bench- tablishment of such standards by ANSI marks and all other relevant wireless hear- Accredited Standards Committee ing aid compatibility requirements. C63 TM, provided that the standards do The company represents and warrants, and not impose with respect to such fre- I certify by this declaration under penalty of quency bands or air interfaces materi- perjury pursuant to 47 CFR 1.16 that the above certification is consistent with 47 CFR ally greater obligations than those im- 1.17, which requires truthful and accurate posed on other services subject to this statements to the Commission. The company section. Any new obligations on manu- also acknowledges that false statements and facturers and Tier I carriers pursuant misrepresentations to the Commission are to paragraphs (c) through (i) of this punishable under Title 18 of the U.S. Code section as a result of such standards and may subject it to enforcement action shall become effective no less than one pursuant to Sections 501 and 503 of the Act. year after release of the order adopting (vii) If the company selected that it such standards and any new obliga- was not in full compliance, an expla- tions on other service providers shall nation of which wireless hearing aid become effective no less than 15 compatibility requirements it was not months after the release of such order, in compliance with, when the non-com- except that any new obligations on

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manufacturers and service providers ment of Compatibility between Wire- subject to paragraph (e)(1)(ii) of this less Communication Devices and Hear- section shall become effective no less ing Aids, June 8, 2007. than two years after the release of such (ii) ANSI C63.19–2011, American Na- order. tional Standard Methods of Measure- (2) The Chief of the Wireless Tele- ment of Compatibility between Wire- communications Bureau and the Chief less Communication Devices and Hear- of the Office of Engineering and Tech- ing Aids, May 27, 2011. nology are delegated authority, by no- (2) [Reserved] tice-and-comment rulemaking if re- [73 FR 25587, May 7, 2008, as amended at 75 quired by statute or otherwise in the FR 54522, Sept. 8, 2010; 77 FR 41928, July 17, public interest, to issue an order 2012; 81 FR 183, Jan. 5, 2016; 81 FR 60633, Sept. amending this section to the extent 2, 2016; 83 FR 8631, Feb. 28, 2018; 83 FR 63105, necessary to approve any version of the Dec. 7, 2018; 84 FR 37592, Aug. 1, 2019] technical standards for radio frequency interference, inductive coupling, or § 20.20 Conditions applicable to provi- volume control adopted subsequently sion of CMRS service by incumbent to ANSI C63.19–2007 for use in deter- Local Exchange Carriers. mining whether a wireless handset (a) Separate affiliate. An incumbent meets the appropriate rating over fre- LEC providing in-region broadband quency bands and air interfaces for CMRS shall provide such services which technical standards have pre- through an affiliate that satisfies the viously been adopted either by the following requirements: Commission or pursuant to paragraph (1) The affiliate shall maintain sepa- (k)(1) of this section. This delegation is rate books of account from its affili- limited to the approval of changes to ated incumbent LEC. Nothing in this the technical standards that do not section requires the affiliate to main- raise major compliance issues. Further, tain separate books of account that by such approvals, the Chiefs may only comply with part 32 of this chapter; permit, and not require, the use of such (2) The affiliate shall not jointly own subsequent versions of the technical transmission or switching facilities standards to establish hearing aid com- with its affiliated incumbent LEC that patibility. the affiliated incumbent LEC uses for (l) The standards required in this sec- the provision of local exchange service tion are incorporated by reference into in the same in-region market. Nothing this section with the approval of the in this section prohibits the affiliate Director of the Federal Register under from sharing personnel or other re- 5 U.S.C. 552(a) and 1 CFR part 51. All sources or assets with its affiliated in- approved material is available for incumbent LEC; and spection at the Federal Communica- (3) The affiliate shall acquire any tions Commission (FCC), 445 12th St. services from its affiliated incumbent SW, Reference Information Center, LEC for which the affiliated incumbent Room CY–A257, Washington, DC 20554, LEC is required to file a tariff at (202) 418–0270, and is available from the tariffed rates, terms, and conditions. source indicated below. They are also Other transactions between the affil- available for inspection at the National iate and the incumbent LEC for serv- Archives and Records Administration ices that are not acquired pursuant to (NARA). For information on the avail- tariff must be reduced to writing and ability of this material at NARA, call must be made on a compensatory, 202–741–6030 or go to http:// arm’s length basis. All transactions be- www.archives.gov/federal-register/cfr/ibr- tween the incumbent LEC and the affil- locations.html. iate are subject to part 32 of this chap- (1) IEEE Standards Association ter, including the affiliate transaction (IEEE–SA), 445 Hoes Lane, Piscataway, rules. Nothing in this section shall pro- NJ 08854–4141, (732) 981–0060, email to hibit the affiliate from acquiring any [email protected], and http://stand- unbundled network elements or ex- ards.ieee.org/. change services for the provision of a (i) ANSI C63.19–2007, American Na- telecommunications service from its tional Standard Methods of Measure- affiliated incumbent LEC, subject to

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the same terms and conditions as pro- onstrates that suspension or modifica- vided in an agreement approved under tion of the separate affiliate require- section 252 of the Communications Act ment is of 1934, as amended. (i) Necessary to avoid a significant (b) Independence. The affiliate re- adverse economic impact on users of quired in paragraph (a) of this section telecommunications services generally shall be a separate legal entity from its or to avoid a requirement that would affiliated incumbent LEC. The affiliate be unduly economically burdensome, may be staffed by personnel of its af- and filiated incumbent LEC, housed in ex- (ii) Consistent with the public inter- isting offices of its affiliated incum- est, convenience, and necessity. bent LEC, and use its affiliated incum- (e) Definitions. Terms used in this sec- bent LEC’s marketing and other serv- tion have the following meanings: ices, subject to paragraphs (a)(3) and Affiliate. ‘‘Affiliate’’ means a person (c) of this section. that (directly or indirectly) owns or (c) Joint marketing. Joint marketing controls, is owned or controlled by, or of local exchange and exchange access is under common ownership with, an- service and CMRS services by an in- other person. For purposes of this sec- cumbent LEC shall be subject to part tion, the term ‘‘own’’ means to own an 32 of this chapter. In addition, such equity interest (or the equivalent agreements between the affiliate and thereof) of more than 10 percent. the incumbent LEC must be reduced to Broadband Commercial Mobile Radio writing and made available for public Service (Broadband CMRS). For the pur- inspection upon request at the prin- poses of this section, ‘‘broadband ciple place of business of the affiliate CMRS’’ means Cellular Radiotelephone and the incumbent LEC. The docu- Service (part 22, subpart H of this chap- mentation must include a certification ter), Specialized Mobile Radio (part 90, statement identical to the certification subpart S of this chapter), and statement currently required to be in- broadband Personal Communications cluded with all Automated Reporting Services (part 24, subpart E of this and Management Information Systems chapter). (ARMIS) reports. The affiliate must Incumbent Local Exchange Carrier (In- also provide a detailed written descrip- cumbent LEC). ‘‘Incumbent LEC’’ has tion of the terms and conditions of the the same meaning as that term is de- transaction on the Internet within 10 fined in § 51.5 of this chapter. days of the transaction through the af- In-region. For the purposes of this filiate’s home page. section, an incumbent LEC’s broadband (d) Exceptions—(1) Rural telephone CMRS service is considered ‘‘in-region’’ companies. Rural telephone companies when 10 percent or more of the popu- are exempted from the requirements lation covered by the CMRS affiliate’s set forth in paragraphs (a), (b) and (c) authorized service area, as determined of this section. A competing tele- by the 1990 census figures, is within the communications carrier, inter- affiliated incumbent LEC’s wireline connected with the rural telephone service area. company, however, may petition the Rural Telephone Company. ‘‘Rural FCC to remove the exemption, or the Telephone Company’’ has the same FCC may do so on its own motion, meaning as that term is defined in where the rural telephone company has § 51.5 of this chapter. engaged in anticompetitive conduct. (f) Sunset. This section will no longer (2) Incumbent LECs with fewer than 2 be effective after January 1, 2002. percent of subscriber lines. Incumbent [62 FR 63871, Dec. 3, 1997, as amended at 66 LECs with fewer than 2 percent of the FR 10968, Feb. 21, 2001] nation’s subscriber lines installed in the aggregate nationwide may petition § 20.21 Signal boosters. the FCC for suspension or modification (a) Operation of Consumer Signal of the requirements set forth in para- Boosters. A subscriber in good standing graphs (a), (b) and (c) of this section. of a commercial mobile radio service The FCC will grant such a petition system may operate a Consumer Signal where the incumbent LEC dem- Booster under the authorization held

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by the licensee providing service to the vidual, other than a representative of a subscriber provided that the subscriber foreign government, may operate an complies with paragraphs (a)(1) Industrial Signal Booster provided that through (7) of this section. Failure to the individual or non-individual: comply with all applicable rules in this (1) Has an FCC license or obtains the section and all applicable technical express consent of the licensee(s) whose rules for the frequency band(s) of oper- frequencies are being retransmitted by ation voids the authority to operate the device on a regular basis, and the Consumer Signal Booster. (2) Uses an Industrial Signal Booster (1) Prior to operation, the subscriber which complies with paragraph (f) of obtains the consent of the licensee pro- this section. viding service to the subscriber; (d) Operation on a secondary, non-in- (2) Prior to operation, the subscriber terference basis. Operation of signal registers the Consumer Signal Booster boosters under this section is on a sec- with the licensee providing service to ondary, non-interference basis to pri- the subscriber; mary services licensed for the fre- (3) The subscriber only operates the quency bands on which they transmit, Consumer Signal Booster with ap- and to primary services licensed for the proved antennas, cables, and/or cou- adjacent frequency bands that might pling devices as specified by the manu- be affected by their transmissions. facturer of the Consumer Signal Boost- (1) The operation of signal boosters er; must not cause harmful interference to (4) The subscriber operates the Con- sumer Signal Booster on frequencies the communications of any primary li- used for the provision of subscriber- censed service. based services under parts 22 (Cellular), (2) Upon request of an FCC represent- 24 (Broadband PCS), 27 (AWS–1, 700 ative or a licensee experiencing harm- MHz Lower A–E Blocks, and 700 MHz ful interference, a signal booster oper- Upper C Block), and 90 (Specialized Mo- ator must: bile Radio) of this chapter. Operation (i) Cooperate in determining the on part 90 (Specialized Mobile Radio) source of the interference, and frequencies is permitted upon the Com- (ii) If necessary, deactivate the sig- mission’s release of a public notice an- nal booster immediately, or as soon as nouncing the date Consumer Signal practicable, if immediate deactivation Boosters may be used in the band; is not possible. (5) The Consumer Signal Booster (e) Consumer Signal Booster Network complies with paragraphs (e), (f), (g), Protection Standard. (1) All Consumer and (h) of this section and § 2.907 of this Signal Boosters must incorporate fea- chapter; tures to prevent harmful interference (6) The subscriber may not deactivate to wireless networks including but not any features of the Consumer Signal limited to those enumerated in this Booster which are designed to prevent section. harmful interference to wireless net- (2) Certification requirements. (i) A works. These features must be enabled Consumer Signal Booster can only be and operating at all times the signal certificated and operated if it complies booster is in use; and with all applicable rules in this subpart (7) If operating a Wideband Consumer and all applicable technical rules for Signal Booster, the subscriber operates the frequency band(s) of operation in- it only for personal use. cluding, but not limited to: § 22.355 of (b) De minimis operation of Consumer this chapter, Public Mobile Services, Signal Boosters. A third party’s inci- frequency tolerance; § 22.913 of this dental use of a subscriber’s Consumer chapter, Cellular Radiotelephone Serv- Signal Booster operated under this ice effective radiated power limits; paragraph is de minimis and shall be au- § 22.917 of this chapter, Cellular Radio- thorized under the authorization held telephone Service, emission limita- by the licensee providing service to the tions for cellular equipment; § 24.232 of third party. this chapter, Broadband Personal Com- (c) Operation of Industrial Signal munications Service, power and an- Boosters. An individual or non-indi- tenna height limits; § 24.238 of this

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

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

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

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

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Power OFF Mode.’’ In this mode of op- that all signal boosters marketed on or eration, the uplink and downlink noise after March 1, 2014 include the fol- power shall not exceed ¥70 dBm/MHz lowing advisories: and uplink gain shall not exceed the (i) In on-line, point-of-sale marketing lesser of 23 dB or MSCL. materials, (J) Uplink Inactivity. When a con- (ii) In any print or on-line owner’s sumer booster is not serving an active manual and installation instructions, device connection after 5 seconds the (iii) On the outside packaging of the uplink noise power shall not exceed device, and ¥70 dBm/MHz. (iv) On a label affixed to the device: (ii) Interference Safeguards. Consumer (A) For Consumer Signal Boosters: boosters must include features to pre- (1) This is a CONSUMER device. vent harmful interference including, at BEFORE USE, you MUST REGISTER a minimum, those enumerated in this THIS DEVICE with your wireless provider subsection. These features may not be and have your provider’s consent. Most wire- deactivated by the operator and must less providers consent to the use of signal be enabled and operating at all times boosters. Some providers may not consent to the signal booster is in use. the use of this device on their network. If you are unsure, contact your provider. (A) Anti-Oscillation. Consumer boost- You MUST operate this device with ap- ers must be able to detect and mitigate proved antennas and cables as specified by (i.e., by automatic gain reduction or the manufacturer. Antennas MUST be in- shut down), any oscillations in uplink stalled at least 20 cm (8 inches) from any per- and downlink bands. Oscillation detec- son. tion and mitigation must occur auto- You MUST cease operating this device im- matically within 0.3 seconds in the mediately if requested by the FCC or a li- uplink band and within 1 second in the censed wireless service provider. WARNING. E911 location information may downlink band. In cases where oscilla- not be provided or may be inaccurate for tion is detected, the booster must con- calls served by using this device. tinue mitigation for at least one (2) The label for Consumer Signal Boosters minute before restarting. After five certified for fixed indoor operation also must such restarts, the booster must not re- include the following language: sume operation until manually reset. This device may be operated ONLY in a (B) Gain Control. Consumer boosters fixed location for in-building use. must have automatic limiting control (B) For Industrial Signal Boosters: to protect against excessive input sig- WARNING. This is NOT a CONSUMER de- nals that would cause output power vice. It is designed for installation by FCC and emissions in excess of that author- LICENSEES and QUALIFIED INSTALLERS. ized by the Commission. You MUST have an FCC LICENSE or express (C) Interference Avoidance for Wireless consent of an FCC Licensee to operate this Subsystems. Consumer boosters using device. Unauthorized use may result in sig- unlicensed (part 15) or other frequency nificant forfeiture penalties, including pen- bands for wireless transmissions be- alties in excess of $100,000 for each con- tween donor and server subsystems for tinuing violation. its internal operations must employ in- (2) A Consumer Signal Booster label terference avoidance methods to pre- may contain an acknowledgement that vent interference transmitted into au- particular provider(s) have given their thorized CMRS spectrum bands. consent for all consumers to use the (10) Equivalent Protections. Consumer device. Such an acknowledgement Signal Boosters which do not meet the would be inserted prior to, ‘‘Some wire- technical specifications enumerated in less providers may not consent to the paragraphs (e)(1) through (e)(9) of this use of this device on their network. If section may also meet the Network you are unsure, contact your pro- Protection Standard if they provide vider.’’ The remaining language of the equivalent protections as determined advisory shall remain the same. by the Wireless Telecommunications (g) Marketing and sale of signal boost- Bureau. ers. Except as provided in § 2.803 of this (f) Signal booster labeling requirements. chapter, no person, manufacturer, dis- (1) Signal booster manufacturers, distributor, or retailer may market (as tributors, and retailers must ensure defined in § 2.803 of this chapter) any

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Consumer Signal Booster that does not (i) Applying a mobile spectrum hold- comply with the requirements of this ing limit to the licensing of spectrum section to any person in the United through competitive bidding; and States or to any person intending to (ii) Applying the initial spectrum operate the Consumer Signal Booster screen to secondary market trans- within the United States. Wideband actions. Consumer Signal Boosters may only be (2) Controlling interests shall be attrib- sold to members of the general public utable. Controlling interest means ma- for their personal use. jority voting equity ownership, any (h) Registration. Each licensee con- general partnership interest, or any senting to the operation of a Consumer means of actual working control (in- Signal Booster must establish a free cluding negative control) over the op- registration mechanism for subscribers eration of the licensee, in whatever and register all Consumer Signal manner exercised. Boosters to which it consents. A li- (3) Non-controlling interests of 10 per- censee must establish a registration cent or more in spectrum shall be attrib- mechanism by the later of March 1, utable. Interests of less than 10 percent 2014 or within 90 days of consenting to in spectrum shall be attributable if the operation of a Consumer Signal such interest confers de facto control, Booster. At a minimum, a licensee including but not limited to partner- must collect: ship and other ownership interests and (1) The name of the Consumer Signal any stock interest in a licensee. Booster owner and/or operator, if dif- (4) The following interests in spec- ferent individuals; trum shall also be attributable to hold- (2) The make, model, and serial num- ers: ber of the device; (i) Officers and directors of a licensee (3) The location of the device; and shall be considered to have an attrib- (4) The date of initial operation. Li- utable interest in the entity with censee consent is voluntary and may be which they are so associated. The offi- withdrawn at the licensee’s discretion. cers and directors of an entity that controls a licensee or applicant shall [78 FR 21559, Apr. 11, 2013, as amended at 79 be considered to have an attributable FR 70795, Nov. 28, 2014; 83 FR 17090, Apr. 18, interest in the licensee. 2018] (ii) Ownership interests that are held § 20.22 Rules governing mobile spec- indirectly by any party through one or trum holdings. more intervening corporations will be determined by successive multiplica- (a) Applicants for mobile wireless li- tion of the ownership percentages for censes for commercial use, for assign- each link in the vertical ownership ment or transfer of control of such li- chain and application of the relevant censes, or for long-term de facto trans- attribution benchmark to the resulting fer leasing arrangements as defined in product, except that if the ownership § 1.9003 of this chapter and long-term percentage for an interest in any link spectrum manager leasing arrange- in the chain exceeds 50 percent or rep- ments as identified in § 1.9020(e)(1)(ii) resents actual control, it shall be must demonstrate that the public in- treated as if it were a 100 percent inter- terest, convenience, and necessity will est. (For example, if A owns 20% of B, be served thereby. The Commission and B owns 40% of licensee C, then A’s will evaluate any such license applica- interest in licensee C would be 8%. If A tion consistent with the policies set owns 20% of B, and B owns 51% of li- forth in Policies Regarding Mobile censee C, then A’s interest in licensee Spectrum Holdings, Report and Order, C would be 20% because B’s ownership FCC 14–63, WT Docket No. 12–269, of C exceeds 50%). adopted May 15, 2014. (iii) Any person who manages the op- (b) Attribution of interests. (1) The fol- erations of a licensee pursuant to a lowing criteria will apply to attribute management agreement shall be con- partial ownership and other interests sidered to have an attributable interest in spectrum holdings for purposes of: in such licensee if such person, or its

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affiliate, has authority to make deci- utable interest in 45 megahertz or more sions or otherwise engage in practices of the total 134 megahertz of below-1- or activities that determine, or signifi- GHz spectrum which consists of the cantly influence, the nature or types of cellular (50 megahertz), the 700 MHz (70 services offered by such licensee, the megahertz), and the SMR (14 mega- terms upon which such services are of- hertz) spectrum in a Partial Economic fered, or the prices charged for such Area (PEA), as calculated on a county services. by county population-weighted basis, (iv) Any licensee or its affiliate who utilizing 2010 U.S. Census data. The enters into a joint marketing arrange- amount of reserved and unreserved 600 ment with another licensee or its affil- MHz Band licenses will be determined iate shall be considered to have an at- based on the market-based spectrum tributable interest in the other licens- reserve set forth in Policies Regarding ee’s holdings if it has authority to Mobile Spectrum Holdings, Report and make decisions or otherwise engage in Order, FCC 14–63, WT Docket No. 12–269, practices or activities that determine adopted May 15, 2014, as well as subse- or significantly influence the nature or quent Public Notices. Nothing in this types of services offered by the other paragraph will limit, or may be con- licensee, the terms upon which such strued to limit, an otherwise qualified services are offered, or the prices bidder that is a non-nationwide pro- charged for such services. vider of mobile wireless services from (v) Limited partnership interests bidding on any reserved or unreserved shall be attributed to limited partners license offered in the Incentive Auc- and shall be calculated according to tion. both the percentage of equity paid in (2) For a period of six years, after ini- and the percentage of distribution of tial licensing, no 600 MHz Band license, profits and losses. regardless of whether it is reserved or (vi) Debt and instruments such as unreserved, may be transferred, as- warrants, convertible debentures, op- signed, partitioned, disaggregated, or tions, or other interests (except non- long term leased to any entity that, voting stock) with rights of conversion after consummation of the transfer, as- to voting interests shall not be attrib- signment, or leased on a long term uted unless and until converted or un- basis, would hold an attributable inter- less the Commission determines that est in one-third or more of the total these interests confer de facto control. suitable and available below-1-GHz (5) The following interests shall be spectrum as calculated on a county by attributable to holders, except to les- county population-weighted basis in sees and sublessees for the purpose of the relevant license area, utilizing 2010 qualifying to bid on reserved licenses U.S. Census data. offered in the Incentive Auction, dis- (3) For a period of six years, after ini- cussed in paragraph (c) of this section, tial licensing, no 600 MHz Band re- on the basis of status as a non-nation- served license may be transferred, as- wide provider: signed, partitioned, disaggregated, or (i) Long-term de facto transfer leas- leased on a long term basis to an entity ing arrangements as defined in § 1.9003 that was not qualified to bid on that of this chapter and long-term spectrum reserved spectrum license under para- manager leasing arrangements as iden- graph (c)(1) of this section at the time tified in § 1.9020(e)(1)(ii) that enable of the Incentive Auction short-form ap- commercial use shall be attributable to plication deadline. lessees, lessors, sublessees, and subles- [79 FR 40002, July 11, 2014, as amended at 80 sors for purposes of this section. FR 61970, Oct. 14, 2015] (ii) [Reserved] (c) 600 MHz Band holdings. (1) The § 20.23 Contraband wireless devices in Commission will reserve licenses for up correctional facilities. to 30 megahertz of the 600 MHz Band, (a) Good faith negotiations. CMRS li- offered in the Incentive Auction au- censees must negotiate in good faith thorized by Congress pursuant to 47 with entities seeking to deploy a Con- U.S.C. 309(j)(8)(G), for otherwise quali- traband Interdiction System (CIS) in a fied bidders who do not hold an attrib- correctional facility. Upon receipt of a

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good faith request by an entity seeking COMPETITIVE BIDDING PROCEDURES to deploy a CIS in a correctional facil- 22.201 Paging geographic area authoriza- ity, a CMRS licensee must negotiate tions are subject to competitive bidding. toward a lease agreement. If, after a 45 22.203–22.211 [Reserved] day period, there is no agreement, CIS 22.213 Filing of Long-form applications. 22.215 [Reserved] providers seeking Special Temporary 22.217 Bidding credits for small businesses. Authority (STA) to operate in the ab- 22.221 Eligibility for partitioned licenses. sence of CMRS licensee consent may 22.223 Designated entities. file a request for STA with the Wireless 22.225 Certifications, disclosures, records Telecommunications Bureau (WTB), maintenance, and definitions. 22.227 Petitions to deny and limitations on accompanied by evidence dem- settlements. onstrating its good faith, and the 22.229 Designated entities. unreasonableness of the CMRS licensee’s actions, in negotiating an agree- Subpart C—Operational and Technical ment. The request must be served on Requirements

the CMRS licensee no later than the OPERATIONAL REQUIREMENTS filing of the STA request, and the CMRS licensee may file a response 22.301 [Reserved] 22.303 [Reserved] with WTB, with a copy served on the 22.305 Operator and maintenance require- CIS provider at that time, within 10 ments. days of the filing of the STA request. If 22.307 Operation during emergency. WTB determines that the CIS provider 22.313 Station identification. has negotiated in good faith, yet the 22.321 [Reserved] 22.325 [Reserved] CMRS licensee has not negotiated in good faith, WTB may issue STA to the TECHNICAL REQUIREMENTS entity seeking to deploy the CIS, not- 22.351 Channel assignment policy. withstanding lack of accompanying 22.352 Protection from interference. CMRS licensee consent. 22.353 Blanketing interference. (b) [Reserved] 22.355 Frequency tolerance. 22.357 Emission types. [82 FR 22761, May 18, 2017] 22.359 Emission limitations. 22.365 Antenna structures; air navigation safety. PART 22—PUBLIC MOBILE SERVICES 22.377 Certification of transmitters. 22.379 RF exposure. Subpart A—Scope and Authority 22.383 In-building radiation systems. Sec. Subpart D [Reserved] 22.1 Basis and purpose. 22.3 [Reserved] Subpart E—Paging and Radiotelephone 22.5 Citizenship. Service 22.7 General eligibility. 22.501 Scope. 22.9 Operation of certificated signal boost- 22.503 Paging geographic area authoriza- ers. tions. 22.99 Definitions. 22.507 Number of transmitters per station. 22.509 Procedures for mutually exclusive ap- Subpart B—Licensing Requirements and plications in the Paging and Radio- Procedures telephone Service. 22.511 Construction period for the Paging APPLICATIONS AND NOTIFICATIONS and Radiotelephone Service. 22.513 Partitioning and disaggregation. 22.107 General application requirements. 22.515 Permissible communications paths. 22.131 Procedures for mutually exclusive ap- 22.527 Signal boosters. plications. 22.529 Application requirements for the 22.143 Construction prior to grant of appli- Paging and Radiotelephone Service. cation. 22.150 Standard pre-filing technical coordi- PAGING OPERATION nation procedure. 22.531 Channels for paging operation. 22.165 Additional transmitters for existing 22.535 Effective radiated power limits. systems. 22.537 Technical channel assignment cri- 22.169 International coordination. teria.

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22.559 Paging application requirements. CONVENTIONAL RURAL RADIOTELEPHONE STATIONS ONE-WAY OR TWO-WAY MOBILE OPERATION 22.721 Geographic area authorizations. 22.561 Channels for one-way or two-way mo- 22.723 Secondary site-by-site authoriza- bile operation. tions. 22.565 Transmitting power limits. 22.725 Channels for conventional rural ra- 22.567 Technical channel assignment cri- diotelephone stations and basic exchange teria. telephone radio systems. 22.571 Responsibility for mobile stations. 22.727 Power limits for conventional rural 22.573 Use of base transmitters as repeaters. radiotelephone transmitters. 22.575 Use of mobile channel for remote con- 22.731 Emission limitations. trol of station functions. 22.733 Priority of service. 22.737 Temporary fixed stations. 22.579 Operation of mobile transmitters across U.S.-Canada border. BASIC EXCHANGE TELEPHONE RADIO SYSTEMS 22.589 One-way or two-way application requirements. 22.757 Channels for basic exchange telephone radio systems. POINT-TO-POINT OPERATION 22.759 Power limit for BETRS. 22.591 Channels for point-to-point oper- Subpart G—Air-Ground Radiotelephone ation. Service 22.593 Effective radiated power limits. 22.601 Existing microwave stations licensed 22.801 Scope. under this part. GENERAL AVIATION AIR-GROUND STATIONS 22.602 Transition of the 2110–2130 and 2160– 2180 MHz channels to emerging tech- 22.805 Channels for general aviation air- nologies. ground service. 22.603 488–494 MHz fixed service in Hawaii. 22.807 General aviation air-ground station application requirements. POINT-TO-MULTIPOINT OPERATION 22.809 Transmitting power limits. 22.813 Technical channel pair assignment 22.621 Channels for point-to-multipoint op- criteria. eration. 22.815 Construction period for general avia- 22.623 System configuration. tion ground stations. 22.625 Transmitter locations. 22.817 Additional channel policies. 22.627 Effective radiated power limits. COMMERCIAL AVIATION AIR-GROUND SYSTEMS 470–512 MHZ TRUNKED MOBILE OPERATION 22.853 Eligibility to hold interest in licenses 22.651 470–512 MHz channels for trunked mo- limited to 3 MHz of spectrum. bile operation. 22.857 Frequency bands. 22.653 Eligibility. 22.859 Incumbent commercial aviation air- 22.657 Transmitter locations. ground systems. 22.659 Effective radiated power limits. 22.861 Emission limitations. 22.863 Frequency stability. Subpart F—Rural Radiotelephone Service 22.867 Effective radiated power limits. 22.873 Construction requirements for com- 22.701 Scope. mercial aviation air-ground systems. 22.702 Eligibility. 22.877 Unacceptable interference to part 90 22.703 Separate rural subscriber station au- non-cellular 800 MHz licensees from com- thorization not required. mercial aviation air-ground systems. 22.705 Rural radiotelephone system configu- 22.878 Obligation to abate unacceptable in- ration. terference. 22.879 Interference resolution procedures. 22.709 Rural radiotelephone service applica- 22.880 Information exchange. tion requirements. 22.881 Air-Ground Radiotelephone Service 22.711 Provision of information to appli- subject to competitive bidding. cants. 22.882 Designated entities. 22.713 Construction period for rural radiotelephone stations. Subpart H—Cellular Radiotelephone 22.715 Technical channel assignment cri- Service teria for rural radiotelephone stations. 22.717 Procedure for mutually exclusive ap- 22.900 Scope. plications in the Rural Radiotelephone 22.901 Cellular service requirements and Service. limitations. 22.719 Additional channel policy for rural 22.905 Channels for cellular service. radiotelephone stations. 22.907 Coordination of channel usage.

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22.909 Cellular markets. Subpart A—Scope and Authority 22.911 Cellular geographic service area. 22.912 Service area boundary extensions. § 22.1 Basis and purpose. 22.913 Effective radiated power limits. 22.917 Emission limitations for cellular This section contains a concise gen- equipment. eral statement of the basis and purpose 22.921 [Reserved] of the rules in this part, pursuant to 5 22.923 Cellular system configuration. U.S.C. 553(c). 22.925 Prohibition on airborne operation of (a) Basis. These rules are issued pur- cellular telephones. suant to the Communications Act of 22.927–22.943 [Reserved] 1934, as amended, 47 U.S.C. 151 et. seq. 22.946 Construction period for Unserved (b) Purpose. The purpose of these Area authorizations. rules is to establish the requirements 22.948 Geographic partitioning and spec- and conditions under which radio sta- trum disaggregation; spectrum leasing. tions may be licensed and used in the 22.949 Unserved Area licensing; minimum Public Mobile Services. coverage requirements. 22.950 Provision of service in the Gulf of [59 FR 59507, Nov. 17, 1994, as amended at 70 Mexico Service Area (GMSA). FR 19307, Apr. 13, 2005] 22.951 [Reserved] 22.953 Content and form of applications for § 22.3 [Reserved] Cellular Unserved Area authorizations. 22.955–22.957 [Reserved] § 22.5 Citizenship. 22.959 Rules governing processing of appli- The rules in this section implement cations for initial systems. section 310 of the Communications Act 22.960 Cellular operations in the Chambers, of 1934, as amended (47 U.S.C. § 310), in TX CMA (CMA672–A). regard to the citizenship of licensees in 22.961 Cellular licenses subject to competi- the Public Mobile Services. tive bidding. (a) Foreign governments. The FCC will 22.962–22.969 [Reserved] not grant an authorization in the Pub- 22.970 Unacceptable interference to part 90 non-cellular 800 MHz licensees from cel- lic Mobile Services to any foreign gov- lular radiotelephone or part 90–800 MHz ernment or any representative thereof. cellular systems. (b) Alien ownership or control. The 22.971 Obligation to abate unacceptable in- FCC will not grant an authorization in terference. the Public Mobile Services to: 22.972 Interference resolution procedures. (1) Any alien or the representative of 22.973 Information exchange. any alien; 22.983 Field strength limit. (2) Any corporation organized under the laws of any foreign government; Subpart I—Offshore Radiotelephone (3) Any corporation of which more Service than one-fifth of the capital stock is 22.1001 Scope. owned of record or voted by aliens or 22.1003 Eligibility. their representatives or by a foreign 22.1005 Priority of service. government or representative thereof, 22.1007 Channels for offshore radiotelephone or by any corporation organized under systems. the laws of a foreign country; 22.1009 Transmitter locations. (4) Any corporation directly or indi- 22.1011 Antenna height limitations. rectly controlled by any other corpora- 22.1013 Effective radiated power limitations. tion of which more than one-fourth of 22.1015 Repeater operation. the capital stock is owned of record or 22.1025 Permissible communications. voted by aliens, their representatives, 22.1031 Temporary fixed stations. or by a foreign government or rep- 22.1035 Construction period. resentative thereof, or by any corpora- 22.1037 Application requirements for off- tion organized under the laws of a for- shore stations. eign country, if the FCC finds that the AUTHORITY: 47 U.S.C. 154, 222, 303, 309, and public interest will be served by the re- 332. fusal or revocation of such license.

SOURCE: 59 FR 59507, Nov. 17, 1994, unless [59 FR 59507, Nov. 17, 1994, as amended at 61 otherwise noted. FR 55580, Oct. 28, 1996]

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§ 22.7 General eligibility. channel bandwidth or the bandwidths Any entity, other than those pre- of two or more contiguous channels. cluded by section 310 of the Commu- Auxiliary test transmitter. A fixed nications Act of 1934, as amended, 47 transmitter used to test Public Mobile U.S.C. 310, is eligible to hold a license systems. under this part. Applications are grant- Base transmitter. A stationary trans- ed only if the applicant is legally, fi- mitter that provides radio tele- nancially, technically and otherwise communications service to mobile and/ qualified to render the proposed serv- or fixed receivers, including those asso- ice. ciated with mobile stations. Blanketing interference. Disturbance [70 FR 19307, Apr. 13, 2005] in consumer receivers located in the immediate vicinity of a transmitter, § 22.9 Operation of certificated signal boosters. caused by currents directly induced into the consumer receiver’s circuitry Individuals and non-individuals may by the relatively high field strength of operate certificated Consumer Signal the transmitter. Boosters on frequencies regulated Cardinal radials. Eight imaginary under this part provided that such op- straight lines extending radially on the eration complies with all applicable ground from an antenna location in the rules under this part and § 20.21 of this following azimuths with respect to true chapter. Failure to comply with all ap- North: 0°, 45°, 90°, 135°, 180°, 225°, 270°, plicable rules voids the authority to 315°. operate a signal booster. Carrier frequency. The frequency of [78 FR 21563, Apr. 11, 2013] the unmodulated electrical wave at the output of an amplitude modulated § 22.99 Definitions. (AM), frequency modulated (FM) or Terms used in this part have the fol- phase modulated (PM) transmitter. lowing meanings: Cell. The service area of an individual Air-Ground Radiotelephone Service. A transmitter location in a cellular sys- radio service in which licensees are au- tem. thorized to offer and provide radio tele- Cellular Geographic Service Area communications service for hire to (CGSA). The licensed geographic area subscribers in aircraft. within which a Cellular system is enti- Airborne station. A mobile station in tled to protection and adverse effects the Air-Ground Radiotelephone Service are recognized, for the purpose of de- authorized for use on aircraft while in termining whether a petitioner has flight or on the ground. standing, in the Cellular Radio- Antenna structure. A structure com- telephone Service, and within which prising an antenna, the tower or other the Cellular licensee is permitted to structure that exists solely to support transmit, or consent to allow other antennas, and any surmounting appur- Cellular licensees to transmit, electro- tenances (attachments such as beacons magnetic energy and signals on the as- or lightning rods). signed channel block, in order to pro- Antenna. A device that converts radio vide Cellular service. See § 22.911. frequency electrical energy to radiated Cellular Market Area (CMA). A stand- electromagnetic energy and vice versa; ard geographic area used by the FCC in a transmitting station, the device for administrative convenience in the from which radio waves are emitted. licensing of Cellular systems; a more Authorized bandwidth. The necessary recent term for ‘‘Cellular market’’ (and or occupied bandwidth of an emission, includes Metropolitan Statistical whichever is more. Areas (MSAs) and Rural Service Areas Authorized spectrum. The spectral (RSAs)). See § 22.909. width of that portion of the electro- Cellular markets. This term is obsoles- magnetic spectrum within which the cent. See definition for ‘‘Cellular Mar- emission power of the authorized trans- ket Area (CMA).’’ mitter(s) must be contained, in accord- Cellular Radiotelephone Service. A ance with the rules in this part. The radio service in which licensees are au- authorized spectrum comprises one thorized to offer and provide cellular

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service for hire to the general public. Construction period. The period be- This service was formerly titled Do- tween the date of grant of an author- mestic Public Cellular Radio Tele- ization and the date of required com- communications Service. mencement of service. Cellular repeater. In the Cellular Ra- Control channel. In the Cellular Ra- diotelephone Service, a stationary diotelephone Service and the Air- transmitter or device that automati- Ground Radiotelephone Service, a cally re-radiates the transmissions of channel used to transmit information base transmitters at a particular cell necessary to establish or maintain site and mobile stations commu- communications. In the other Public nicating with those base transmitters, Mobile Services, a channel that may be with or without channel translation. assigned to a control transmitter. Cellular service. Radio telecommuni- Control point. A location where the cation services provided using a cel- operation of a public mobile station is lular system. supervised and controlled by the li- Cellular system. An automated high- censee of that station. capacity system of one or more multi- Control transmitter. A fixed trans- channel base stations designed to pro- mitter in the Public Mobile Services vide radio telecommunication services that transmits control signals to one to mobile stations over a wide area in or more base or fixed stations for the a spectrally efficient manner. Cellular purpose of controlling the operation of systems employ techniques such as the base or fixed stations, and/or trans- automatic hand-off between base sta- mits subscriber communications to one tions of communications in progress to or more base or fixed stations that re- enable channels to be re-used at rel- transmit them to subscribers. atively short distances. Dead spots. Small areas within a serv- Center frequency. The frequency of ice area where the field strength is the middle of the bandwidth of a chan- lower than the minimum level for reli- nel. able service. Service within dead spots Central office transmitter. A fixed is presumed. transmitter in the Rural Radio- Dispatch service. A radiotelephone telephone Service that provides service service comprising communications be- to rural subscriber stations. tween a dispatcher and one or more CGSA. See Cellular Geographic Service mobile units. These communications Area. normally do not exceed one minute in Channel. The portion of the electro- duration and are transmitted directly magnetic spectrum assigned by the through a base station, without passing FCC for one emission. In certain cir- through mobile telephone switching fa- cumstances, however, more than one cilities. emission may be transmitted on a Effective radiated power (ERP). The ef- channel. fective radiated power of a transmitter Channel bandwidth. The spectral (with antenna, transmission line, width of a channel, as specified in this duplexers etc.) is the power that would part, within which 99% of the emission be necessary at the input terminals of power must be contained. a reference half-wave dipole antenna in Channel block. A group of channels order to produce the same maximum that are assigned together, not individ- field intensity. ERP is usually cal- ually. culated by multiplying the measured Channel pair. Two channels that are transmitter output power by the speci- assigned together, not individually. In fied antenna system gain, relative to a this part, channel pairs are indicated half-wave dipole, in the direction of in- by an ellipsis between the center fre- terest. quencies. Emission. The electromagnetic energy Communications channel. In the Cel- radiated from an antenna. lular Radiotelephone and Air-Ground Emission designator. An internation- Radiotelephone Services, a channel ally accepted symbol for describing an used to carry subscriber communica- emission in terms of its bandwidth and tions. the characteristics of its modulation, if

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any. See § 2.201 of this chapter for de- means the line of ordinary low water tails. along that portion of the coast which is Emission mask. The design limits im- in direct contact with the open sea, posed, as a condition or certification, and the line marking the seaward limit on the mean power of emissions as a of inland waters. Inland waters include function of frequency both within the bays, historic inland waters and waters authorized bandwidth and in the adja- circumscribed by a fringe of islands cent spectrum. within the immediate vicinity of the Equivalent isotropically radiated power shoreline. (EIRP). The equivalent isotropically Height above average terrain (HAAT). radiated power of a transmitter (with The height of an antenna above the av- antenna, transmission line, duplexers erage elevation of the surrounding etc.) is the power that would be nec- area. essary at the input terminals of a ref- In-building radiation systems. Supple- erence isotropic radiator in order to produce the same maximum field in- mentary systems comprising low power tensity. An isotropic radiator is a theo- transmitters, receivers, indoor anten- retical lossless point source of radi- nas and/or leaky coaxial cable radiation with unity gain in all directions. ators, designed to improve service reli- EIRP is usually calculated by multi- ability inside buildings or structures plying the measured transmitter out- located within the service areas of sta- put power by the specified antenna sys- tions in the Public Mobile Services. tem gain, relative to an isotropic radi- Initial cellular applications. Applica- ator, in the direction of interest. tions for authority to construct and Extension. In the Cellular Radio- operate a new cellular system, exclud- telephone Service, an area within the ing applications for interim operating service area boundary (calculated authority. using the methodology of § 22.911) of a Interfering contour. The locus of Cellular system but outside the li- points surrounding a transmitter censed Cellular Geographic Service where the predicted median field Area boundary. See §§ 22.911 and 22.912. strength of the signal from that trans- Facsimile service. Transmission of still mitter is the maximum field strength images from one place to another by that is not considered to cause inter- means of radio. ference at the service contour of an- Fill-in transmitters. Transmitters other transmitter. added to a station, in the same area Interoffice transmitter. A fixed trans- and transmitting on the same channel mitter in the Rural Radiotelephone or channel block as previously author- Service that communicates with other ized transmitters, that do not expand interoffice transmitters for the purpose the existing service area, but are estab- of interconnecting rural central of- lished for the purpose of improving re- fices. ception in dead spots. Mobile station. One or more transmit- Fixed transmitter. A stationary trans- ters that are capable of operation while mitter that communicates with other stationary transmitters. in motion. Frequency. The number of cycles oc- Necessary bandwidth. The calculated curring per second of an electrical or spectral width of an emission. Calcula- electromagnetic wave; a number rep- tions are made using procedures set resenting a specific point in the elec- forth in part 2 of this chapter. The tromagnetic spectrum. bandwidth so calculated is considered Ground station. In the Air-Ground Ra- to be the minimum necessary to con- diotelephone Service, a stationary vey information at the desired rate transmitter that provides service to with the desired accuracy. airborne mobile stations. Occupied bandwidth. The measured Gulf of Mexico Service Area (GMSA). spectral width of an emission. The The cellular market comprising the measurement determines occupied water area of the Gulf of Mexico bound- bandwidth as the difference between ed on the West, North and East by the upper and lower frequencies where 0.5% coastline. Coastline, for this purpose, of the emission power is above the

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upper frequency and 0.5% of the emis- formerly titled Public Land Mobile sion power is below the lower fre- Service. quency. Paging service. Transmission of coded Offshore central transmitter. A fixed radio signals for the purpose of acti- transmitter in the Offshore Radio- vating specific pagers; such trans- telephone Service that provides service missions may include messages and/or to offshore subscriber stations. sounds. Offshore Radiotelephone Service. A Power spectral density (PSD). The radio service in which licensees are au- power of an emission in the frequency thorized to offer and provide radio tele- domain, such as in terms of ERP or communication services for hire to EIRP, stated per unit bandwidth, e.g., subscribers on structures in the offshore coastal waters of the Gulf of watts/MHz. Mexico. Public Mobile Services. Radio services Offshore subscriber station. One or in which licensees are authorized to more fixed and/or mobile transmitters offer and provide mobile and related in the Offshore Radiotelephone Service fixed radio telecommunication services that receive service from offshore cen- for hire to the public. tral transmitters. Radio telecommunication services. Com- Pager. A small radio receiver de- munication services provided by the signed to be carried by a person and to use of radio, including radiotelephone, give an aural, visual or tactile indica- radiotelegraph, paging and facsimile tion when activated by the reception of service. a radio signal containing its specific Radiotelegraph service. Transmission code. It may also reproduce sounds and/ of messages from one place to another or display messages that were also by means of radio. transmitted. Some pagers also trans- Radiotelephone service. Transmission mit a radio signal acknowledging that of sound from one place to another by a message has been received. means of radio. Paging geographic area authorization. A fixed transmitter that re- An authorization conveying the exclu- Repeater. sive right to establish and expand one transmits the signals of other stations. or more stations throughout a paging Roamer. A mobile station receiving geographic area or, in the case of a par- service from a station or system in the titioned geographic area, throughout a Public Mobile Services other than one specified portion of a paging geo- to which it is a subscriber. graphic area, on a specified channel al- Rural Radiotelephone Service. A radio located for assignment in the Paging service in which licensees are author- and Radiotelephone Service. These are ized to offer and provide radio tele- subject to the conditions that no inter- communication services for hire to ference may be caused to existing co- subscribers in areas where it is not fea- channel stations operated by other li- sible to provide communication serv- censees within the paging geographic ices by wire or other means. area and that no interference may be Rural subscriber station. One or more caused to existing or proposed co-chan- fixed transmitters in the Rural Radio- nel stations of other licensees in ad- telephone Service that receive service joining paging geographic areas. from central office transmitters. Paging geographic areas. Standard ge- Service area. The geographic area con- ographic areas used by the FCC for ad- sidered by the FCC to be reliably ministrative convenience in the licensing of stations to operate on channels served by a station in the Public Mo- allocated for assignment in the Paging bile Services. and Radiotelephone Service. See Service contour. The locus of points § 22.503(b). surrounding a transmitter where the Paging and Radiotelephone Service. A predicted median field strength of the radio service in which common carriers signal from that transmitter is the are authorized to offer and provide pag- minimum field strength that is consid- ing and radiotelephone service for hire ered sufficient to provide reliable serv- to the general public. This service was ice to mobile stations.

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Service to subscribers. Service to at authorized to transmit on that chan- least one subscriber that is not affili- nel. ated with, controlled by or related to [59 FR 59507, Nov. 17, 1994, as amended at 61 the providing carrier. FR 31050, June 19, 1996; 61 FR 54098, Oct. 17, Signal booster. A stationary device 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603, that automatically reradiates signals July 7, 1998; 63 FR 68943, Dec. 14, 1998; 67 FR from base transmitters without chan- 9609, Mar. 4, 2002; 70 FR 19307, Apr. 13, 2005; 79 nel translation, for the purpose of im- FR 72150, Dec. 5, 2014; 82 FR 17581, Apr. 12, 2017] proving the reliability of existing service by increasing the signal strength in dead spots. Subpart B—Licensing Station. A station equipped to engage Requirements and Procedures in radio communication or radio trans- APPLICATIONS AND NOTIFICATIONS mission of energy (47 U.S.C. 153(k)). Telecommunications common carrier. § 22.107 General application require- An individual, partnership, association, ments. joint-stock company, trust or corpora- In general, applications for author- tion engaged in rendering radio tele- izations, assignments of authoriza- communications services to the gen- tions, or consent to transfer of control eral public for hire. of licensees in the Public Mobile Serv- Temporary fixed station. One or more ices must: fixed transmitters that normally do (a) Demonstrate the applicant’s not remain at any particular location qualifications to hold an authorization for longer than 6 months. in the Public Mobile services; Universal licensing system. The Uni- (b) State how a grant would serve the versal Licensing System (ULS) is the public interest, convenience, and ne- consolidated database, application fil- cessity; ing system, and processing system for (c) Contain all information required all Wireless Radio Services. ULS sup- by FCC rules or application forms; ports electronic filing of all applica- (d) Propose operation of a facility in tions and related documents by appli- compliance with all rules governing cants and licensees in the Wireless the Public Mobile service; Radio Services, and provides public ac- (e) Be amended as necessary to re- cess to licensing information. main substantially accurate and com- Unserved Area. With regard to a chan- plete in all significant respects, in ac- nel block allocated for assignment in cordance with the provisions of § 1.65 of the Cellular Radiotelephone Service: this chapter; and, Geographic area in the District of Co- (f) Be signed in accordance with lumbia, or any State, Territory or Pos- § 1.743 of this chapter. session of the United States of America that is not within any Cellular Geo- § 22.131 Procedures for mutually exclusive applications. graphic Service Area of any Cellular system authorized to transmit on that Two or more pending applications are channel block. With regard to a chan- mutually exclusive if the grant of one nel allocated for assignment in the application would effectively preclude Paging and Radiotelephone service: Ge- the grant of one or more of the others ographic area within the District of Co- under Commission rules governing the lumbia, or any State, Territory or pos- Public Mobile Services involved. The session of the United States of America Commission uses the general proce- that is not within the service contour dures in this section for processing mutually exclusive applications in the of any base transmitter in any station Public Mobile Services. Additional specific procedures are prescribed in the subparts of this part governing the individual Public Mobile Services (see §§ 22.509, 22.717, and 22.949) and in part 1 of this chapter.

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(a) Separate applications. Any appli- by that grant, pursuant to § 1.945 of this cant that files an application knowing chapter. that it will be mutually exclusive with (1) Selection methods. In selecting the one or more applications should not in- application to grant, the Commission clude in the mutually exclusive appli- will use competitive bidding. cation a request for other channels or (2) Dismissal of applications. The Com- facilities that would not, by them- mission may dismiss any application in selves, render the application mutually a filing group that is defective or oth- exclusive with those other applica- erwise subject to dismissal under § 1.945 tions. Instead, the request for such of this chapter, either before or after other channels or facilities should be employing selection procedures. filed in a separate application. (3) Type of filing group used. Except as (b) Filing groups. Pending mutually otherwise provided in this part, the exclusive applications are processed in type of filing group used in the proc- filing groups. Mutually exclusive appli- essing of two or more mutually exclu- cations in a filing group are given con- sive applications depends upon the pur- current consideration. The Commission pose(s) of the applications. may dismiss as defective (pursuant to (i) If any mutually exclusive applica- § 1.945 of this chapter) any mutually ex- tion filed on the earliest filing date is clusive application(s) whose filing date an application for modification and is outside of the date range for inclu- none of the mutually exclusive applica- sion in the filing group. The types of tions is a timely-filed application for filing groups used in day-to-day appli- renewal, a same-day filing group is cation processing are specified in para- used. graph (c)(3) of this section. A filing (ii) If all of the mutually exclusive group is one of the following types: applications filed on the earliest filing (1) Same-day filing group. A same-day date are applications for initial author- filing group comprises all mutually ex- ization, a 30-day notice and cut-off fil- clusive applications whose filing date ing group is used. is the same day, which is normally the (4) Disposition. If there is only one ap- filing date of the first-filed applica- plication in any type of filing group, tion(s). the Commission may grant that appli- (2) Thirty-day notice and cut-off filing cation and dismiss without prejudice group. A 30-day notice and cut-off filing any mutually exclusive applications group comprises mutually exclusive not in the filing group. If there is more applications whose filing date is no than one mutually exclusive applica- later than thirty (30) days after the tion in a filing group, the Commission date of the Public Notice listing the disposes of these applications as fol- first-filed application(s) (according to lows: the filing dates) as acceptable for fil- (i) Applications in a 30-day notice and ing. cut-off filing group. (A) If all of the mu- (3) Window filing group. A window fil- tually exclusive applications in a 30- ing group comprises mutually exclu- day notice and cut-off filing group are sive applications whose filing date is applications for initial authorization, within an announced filing window. An the FCC administers competitive bid- announced filing window is a period of ding procedures in accordance with time between and including two spe- §§ 22.201 through 22.227 and subpart Q of cific dates, which are the first and last part 1 of this chapter, as applicable. dates on which applications (or amend- After such procedures, the application ments) for a particular purpose may be of the successful bidder may be granted accepted for filing. In the case of a one- and the other applications may be dis- day window, the two dates are the missed without prejudice. same. The dates are made known to the (B) If any of the mutually exclusive public in advance. applications in a 30-day notice and cut- (c) Procedures. Generally, the Com- off filing group is an application for mission may grant one application in a modification, the Commission may at- filing group of mutually exclusive ap- tempt to resolve the mutual exclu- plications and dismiss the other appli- sivity by facilitating a settlement be- cation(s) in the filing that are excluded tween the applicants. If a settlement is

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not reached within a reasonable time, in the same frequency range as the ex- the FCC may designate all applications isting channel(s), and will be oper- in the filing group for comparative ationally integrated with the existing consideration in a hearing. In this channel(s) such as by trunking; event, the result of the hearing dis- (iii) Any application requesting au- poses all of the applications in the fil- thorization for a new transmitter at a ing group. location more than 2 kilometers (1.2 (ii) Applications in a same-day filing miles) from any existing transmitters group. If there are two or more mutu- of the applicant licensee on the re- ally exclusive applications in a same- quested channel or channel block; or day filing group, the Commission may (iv) Any application to expand the attempt to resolve the mutual exclu- Cellular Geographic Service Area of an sivity by facilitating a settlement be- existing Cellular system. See § 22.911. tween the applicants. If a settlement is (v) Any ‘‘short-form’’ application not reached within a reasonable time, (filed on FCC Form 175) requesting a the Commission may designate all ap- new paging geographic area authoriza- plications in the filing group for com- tion. parative consideration in a hearing. In [59 FR 59954, Nov. 21, 1994, as amended at 62 this event, the result of the hearing FR 11629, Mar. 12, 1997; 63 FR 68943, Dec. 14, disposes of all of the applications in 1998; 79 FR 72150, Dec. 5, 2014; 82 FR 41547, the filing group. Sept. 1, 2017] (iii) Applications in a window filing group. Applications in a window filing § 22.143 Construction prior to grant of group are processed in accordance with application. the procedures for a 30-day notice and Applicants may construct facilities cut-off filing group in paragraph in the Public Mobile services prior to (c)(4)(ii) of this section. grant of their applications, subject to (d) Terminology. For the purposes of the provisions of this section, but must this section, terms have the following not operate such facilities until the meanings: FCC grants an authorization. If the (1) The filing date of an application is conditions stated in this section are the date on which that application was not met, applicants must not begin to received in a condition acceptable for construct facilities in the Public Mo- filing or the date on which the most re- bile Services. cently filed major amendment to that (a) When applicants may begin con- application was received, whichever is struction. An applicant may begin con- later, excluding major amendments in struction of a facility 35 days after the the following circumstances: date of the Public Notice listing the (i) The major amendment reflects application for that facility as accept- only a change in ownership or control able for filing. found by the Commission to be in the (b) Notification to stop. If the FCC for public interest; any reason determines that construc- (ii) The major amendment as re- tion should not be started or should be ceived is defective or otherwise found stopped while an application is pend- unacceptable for filing; or ing, and so notifies the applicant, oral- (iii) The application being amended ly (followed by written confirmation) has been designated for hearing and the or in writing, the applicant must not Commission or the presiding officer ac- begin construction or, if construction cepts the major amendment. has begun, must stop construction im- (2) An application for initial authoriza- mediately. tion is: (c) Assumption of risk. Applicants that (i) Any application requesting an au- begin construction pursuant to this thorization for a new system or sta- section before receiving an authorization; tion do so at their own risk and have (ii) Any application requesting au- no recourse against the United States thorization for an existing station to for any losses resulting from: operate on an additional channel, un- (1) Applications that are not granted; less the additional channel is for paired (2) Errors or delays in issuing Public two-way radiotelephone operation, is Notices;

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(3) Having to alter, relocate or dis- (a) Coordination comprises two mantle the facility; or steps—notification and response. Each (4) Incurring whatever costs may be step may be accomplished orally or in necessary to bring the facility into writing. compliance with applicable laws, or (b) Notification must include rel- FCC rules and orders. evant technical details of the proposal. (d) Conditions. Except as indicated, At minimum, this should include the all pre-grant construction is subject to following: the following conditions: (1) Geographical coordinates of the (1) The application is not mutually antenna site(s). exclusive with any other application, (2) Transmitting and receiving chan- except for successful bidders and ten- nels to be added or changed. tative selectees in the Cellular Radio- (3) Transmitting power, emission telephone Service; type and polarization. (2) No petitions to deny the applica- (4) Transmitting antenna pattern and tion have been filed; maximum gain. (3) The application does not include a (5) Transmitting antenna height request for a waiver of one or more above ground level. FCC rules; (c) Applicants and licensees receiving notification must respond promptly, (4) For any construction or alter- even if no channel usage conflicts are ation that would exceed the require- anticipated. If any notified party fails ments of § 17.7 of this chapter, the li- to respond within 30 days, the appli- censee has notified the appropriate Re- cant may file the application without a gional Office of the Federal Aviation response from that party. Administration (FAA Form 7460–1), se- (d) The 30-day period begins on the cured a valid FAA determination of date the notification is submitted to ‘‘no hazard,’’ and received antenna the Commission via the ULS. If the no- height clearance and obstruction tification is by mail, this date may be marking and lighting specifications ascertained by: (FCC Form 854R) from the FCC for the (1) The return receipt on certified proposed construction or alteration. mail, (5) The applicant has indicated in the (2) The enclosure of a card to be application that the proposed facility dated and returned by the party being would not have a significant environ- notified, or mental effect, in accordance with (3) A reasonable estimate of the time §§ 1.1301 through 1.1319 of this chapter; required for the mail to reach its des- and, tination. In this case, the date when (6) Under applicable international the 30-day period will expire must be agreements and rules in this part, indi- stated in the notification. vidual coordination of the proposed (e) All channel usage conflicts dis- channel assignment(s) with a foreign covered during the coordination proc- administration is not required. ess should be resolved prior to filing of [59 FR 59507, Nov. 17, 1994, as amended at 70 the application. If the applicant is un- FR 19308, Apr. 13, 2005; 77 FR 3954, Jan. 26, able or unwilling to resolve a par- 2012; 79 FR 72151, Dec. 5, 2014] ticular conflict, the application may be accepted for filing if it contains a § 22.150 Standard pre-filing technical statement describing the unresolved coordination procedure. conflict and a brief explanation of the For operations on certain channels in reasons why a resolution was not the Public Mobile Services, carriers achieved. must attempt to coordinate the pro- (f) If a number of changes in the tech- posed use of spectrum with other spec- nical parameters of a proposed facility trum users prior to filing an applica- become necessary during the course of tion for authority to operate a station. the coordination process, an attempt Rules requiring this procedure for spe- should be made to minimize the num- cific channels and types of stations are ber of separate notifications. If the contained in the subparts governing changes are incorporated into a com- the individual Public Mobile Services. pletely revised notice, the items that

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

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(i) Provision of information upon re- § 22.215 [Reserved] quest. Upon request by the FCC, licensees must supply administrative or § 22.217 Bidding credit for small busi- technical information concerning the nesses. additional transmitters. At the time A winning bidder that qualifies as a transmitters are added pursuant to small business, as defined in this section, licensees must make a § 22.223(b)(1), or a consortium of small record of the pertinent technical and businesses may use a bidding credit of administrative information so that thirty-five (35) percent to lower the such information is readily available. cost of its winning bid. A winning bid- See § 22.303. der that qualifies as a small business, [59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. as defined in § 22.223(b)(2), or consor- 16, 1994, as amended at 62 FR 11629, Mar. 12, tium of small businesses may use a bid- 1997; 63 FR 68944, Dec. 14, 1998; 64 FR 53240, ding credit of twenty-five (25) percent Oct. 1, 1999; 67 FR 77190, Dec. 17, 2002; 78 FR to lower the cost of its winning bid. 25174, Apr. 29, 2013; 79 FR 72151, Dec. 5, 2014] [68 FR 42998, July 21, 2003] § 22.169 International coordination. § 22.221 Eligibility for partitioned li- Operation of systems and channel as- censes. signments under this part are subject If partitioned licenses are being ap- to the applicable provisions and re- plied for in conjunction with a li- quirements of treaties and other inter- cense(s) to be awarded through com- national agreements between the petitive bidding procedures— United States government and the gov- (a) The applicable procedures for fil- ernments of Canada and Mexico. ing short-form applications and for [82 FR 17582, Apr. 12, 2017] submitting upfront payments and down payments contained in this chapter COMPETITIVE BIDDING PROCEDURES shall be followed by the applicant, who must disclose as part of its short-form SOURCE: 62 FR 11629, Mar. 12, 1997, unless application all parties to agreement(s) otherwise noted. with or among other entities to partition the license pursuant to this sec- § 22.201 Paging geographic area au- tion, if won at auction (see 47 CFR thorizations are subject to competitive bidding. 1.2105(a)(2)(viii)); (b) Each party to an agreement to Mutually exclusive initial applica- partition the authorization must file a tions for paging geographic area li- long-form application (FCC Form 601) censes are subject to competitive bid- for its respective, mutually agreed- ding. The general competitive bidding upon geographic area together with the procedures set forth in part 1, subpart application for the remainder of the Q of this chapter will apply unless oth- MEA or EA filed by the auction win- erwise provided in this subpart and ner. part 90 of this chapter. (c) If the partitioned authorization is [67 FR 45366, July 9, 2002] being applied for as a partial assignment of the MEA or EA authorization §§ 22.203–22.211 [Reserved] following grant of the initial authorization, request for authorization for § 22.213 Filing of long-form applica- partial assignment of an authorization tions. shall be made pursuant to § 1.948 of this After an auction, the Commission part. will not accept long form applications [59 FR 59507, Nov. 17, 1994, as amended at 64 for paging geographic authorizations FR 33781, June 24, 1999] from anyone other than the auction winners and parties seeking parti- § 22.223 Designated entities. tioned authorizations pursuant to (a) Scope. The definitions in this sec- agreements with auction winners under tion apply to §§ 22.201 through 22.227, § 22.221. unless otherwise specified in those sec- [67 FR 45366, July 9, 2002] tions.

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(b) A small business is an entity that age annual gross revenues not exceed- either: ing $3 million for the preceding three (1) Together with its affiliates and years. controlling interests has average gross (2) A small business is an entity that, revenues that are not more than $3 together with its controlling interests million for the preceding three years; and affiliates, has average annual gross or revenues not exceeding $15 million for (2) Together with its affiliates and the preceding three years. controlling interests has average gross (3) An entrepreneur is an entity that, revenues that are not more than $15 together with its controlling interests million for the preceding three years. and affiliates, has average annual gross [68 FR 42998, July 21, 2003] revenues not exceeding $40 million for the preceding three years. § 22.225 Certifications, disclosures, (b) Bidding credits. A winning bidder records maintenance, and defini- that qualifies as a very small business, tions. as defined in this section, or a consor- (a) Records maintenance. All winning tium of very small businesses may use bidders qualifying as small businesses the bidding credit specified in shall maintain at their principal place § 1.2110(f)(2)(i) of this chapter. A win- of business an updated file of owner- ning bidder that qualifies as a small ship, revenue, and asset information, business, as defined in this section, or including any documents necessary to a consortium of small businesses may establish small businesses under use the bidding credit specified in § 22.223. Licensees (and their successors- § 1.2110(f)(2)(ii) of this chapter. A win- in-interest) shall maintain such files ning bidder that qualifies as an entre- for the term of the license. Applicants preneur, as defined in this section, or a that do not obtain the license(s) for consortium of entrepreneurs may use which they applied shall maintain such the bidding credit specified in files until the grant of such license(s) § 1.2110(f)(2)(iii) of this chapter. is final, or one year from the date of [67 FR 11434, Mar. 14, 2002, as amended at 68 the filing of their short-form applica- FR 42998, July 21, 2003] tion (FCC Form 175), whichever is earlier. Subpart C—Operational and (b) Definition. The term small busi- Technical Requirements ness used in this section is defined in § 22.223. OPERATIONAL REQUIREMENTS [67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003] § 22.301 [Reserved]

§ 22.227 Petitions to deny and limita- § 22.303 [Reserved] tions on settlements. § 22.305 Operator and maintenance re- (a) Procedures regarding petitions to quirements. deny long-form applications in the pag- FCC operator permits and licenses ing service will be governed by § 1.939 of are not required to operate, repair or this chapter. maintain equipment authorized in the (b) The consideration that an indi- Public Mobile Services. Station licens- vidual or an entity will be permitted to ees are responsible for the proper oper- receive for agreeing to withdraw an ap- ation and maintenance of their sta- plication or petition to deny will be tions, and for compliance with FCC limited by the provisions set forth in rules. § 1.935 of this chapter. [67 FR 45367, July 9, 2002] § 22.307 Operation during emergency. Licensees of stations in the Public § 22.229 Designated entities. Mobile services may, during a period of (a) Eligibility for small business provi- emergency in which normal commu- sions. (1) A very small business is an nications facilities are disrupted as a entity that, together with its control- result of hurricane, flood, earthquake ling interests and affiliates, has aver- or other natural disaster, civil unrest,

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widespread vandalism, national emer- the conclusion of that public commu- gencies or emergencies declared by Ex- nication. ecutive Order of the President, use (c) Station identification must be their stations to temporarily provide transmitted by telephony using the emergency communications services in English language or by telegraphy a manner or configuration not nor- using the international Morse code, mally allowed by this part, provided and in a form that can be received that such operations comply with the using equipment appropriate for the provisions of this section. modulation type employed, and under- (a) Technical limitations. Public Mo- stood without the use of unscrambling bile stations providing temporary devices, except that, alternatively, sta- emergency communications service tion identification may be transmitted must not transmit: digitally, provided that the licensee (1) On channels other than those au- provides the Commission with informa- thorized for normal operations. tion sufficient to decode the digital (2) With power in excess of that au- transmission to ascertain the call sign. thorized for normal operations; Station identification comprises transmission of the call sign assigned by the (3) Emission types other than those Commission to the station, however, authorized for normal operations. the following may be used in lieu of the (b) Discontinuance. Temporary emer- call sign. gency use of Public Mobile stations (1) For transmission from subscriber must be discontinued as soon as nor- operated transmitters, the telephone mal communication facilities are re- number or other designation assigned stored. The FCC may, at any time, by the carrier, provided that a written order the discontinuance of any such record of such designations is main- emergency communication services. tained by the carrier; (2) For general aviation airborne mo- § 22.313 Station identification. bile stations in the Air-Ground Radio- The licensee of each station in the telephone Service, the official FAA Public Mobile Services must ensure registration number of the aircraft; that the transmissions of that station (3) For stations in the Paging and are identified in accordance with the Radiotelephone Service, a call sign as- requirements of this section. signed to another station within the (a) Station identification is not re- same system. quired for transmission by: [59 FR 59507, Nov. 17, 1994, as amended at 59 (1) Stations in the Cellular Radio- FR 59955, Nov. 21, 1994; 62 FR 11633, Mar. 12, telephone Service; 1997; 70 FR 19308, Apr. 13, 2005] (2) General aviation ground stations in the Air-ground Radiotelephone Serv- § 22.321 [Reserved] ice; § 22.325 [Reserved] (3) [Reserved] (4) Stations using Basic Exchange TECHNICAL REQUIREMENTS Telephone Radio Systems in the Rural Radiotelephone Service; § 22.351 Channel assignment policy. (5) [Reserved] The channels allocated for use in the (6) Stations operating pursuant to Public Mobile Services are listed in the paging geographic area authorizations. applicable subparts of this part. Chan- (b) For all other stations in the Pub- nels and channel blocks are assigned in lic Mobile Services, station identifica- such a manner as to facilitate the ren- tion must be transmitted each hour dition of service on an interference-free within five minutes of the hour, or basis in each service area. Except as upon completion of the first trans- otherwise provided in this part, each mission after the hour. Transmission of channel or channel block is assigned station identification may be tempo- exclusively to one licensee in each rarily delayed to avoid interrupting service area. All applicants for, and li- the continuity of any public commu- censees of, stations in the Public Mo- nication in progress, provided that sta- bile Services shall cooperate in the se- tion identification is transmitted at lection and use of channels in order to

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minimize interference and obtain the against interference caused by tropo- most efficient use of the allocated spheric and ionospheric propagation of spectrum. signals. [70 FR 19308, Apr. 13, 2005] (6) Facilities for which the Commission is not notified. No protection is provided § 22.352 Protection from interference. against interference to the service of Public Mobile Service stations oper- any additional or modified transmitter ating in accordance with applicable operating pursuant to § 1.929 or § 22.165, FCC rules and the terms and conditions unless and until the licensee modifies of their authorizations are normally its authorization using FCC Form 601. considered to be non-interfering. If the (7) In-building radiation systems. No FCC determines, however, that inter- protection is provided against interference that significantly interrupts or ference to the service of in-building ra- degrades a radio service is being diation systems (see § 22.383). caused, it may, in accordance with the provisions of sections 303(f) and 316 of [59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997; 63 FR 68944, Dec. 14, the Communications Act of 1934, as 1998; 70 FR 19308, Apr. 13, 2005] amended, (47 U.S.C. 303(f), 316), require modifications to any Public Mobile § 22.353 Blanketing interference. station as necessary to eliminate such interference. Licensees of Public Mobile Services (a) Failure to operate as authorized. stations are responsible for resolving Any licensee causing interference to cases of blanketing interference in ac- the service of other stations by failing cordance with the provisions of this to operate its station in full accord- section. ance with its authorization and appli- (a) Except as provided in paragraph cable FCC rules shall discontinue all (c) of this section, licensees must re- transmissions, except those necessary solve any cases of blanketing inter- for the immediate safety of life or ference in their area of responsibility property, until it can bring its station caused by operation of their trans- into full compliance with the author- mitter(s) during a one-year period fol- ization and rules. lowing commencement of service from (b) Intermodulation interference. Li- new or modified transmitter(s). Inter- censees should attempt to resolve such ference must be resolved promptly at interference by technical means. no cost to the complainant. (c) Situations in which no protection is (b) The area of responsibility is that afforded. Except as provided elsewhere area in the immediate vicinity of the in this part, no protection from inter- transmitting antenna of stations where ference is afforded in the following sit- the field strength of the electro- uations: magnetic radiation from such stations (1) Interference to base receivers from equals or exceeds 115 dBμV/m. To deter- base or fixed transmitters. Licensees mine the radial distance to the bound- should attempt to resolve such inter- ary of this area, the following formula ference by technical means or oper- must be used: ating arrangements. (2) Inteference to mobile receivers from mobile transmitters. No protection is dp=×0. 394 provided against mobile-to-mobile in- where d is the radial distance to the bound- terference. ary, in kilometers (3) Interference to base receivers from p is the radial effective radiated power, in mobile transmitters. No protection is kilowatts provided against mobile-to-base interference. The maximum effective radiated power (4) Interference to fixed stations. Li- in the pertinent direction, without con- censees should attempt to resolve such sideration of the antenna’s vertical ra- interference by technical means or op- diation pattern or height, must be used erating arrangements. in the formula. (5) Anomalous or infrequent propaga- (c) Licensees are not required to re- tion modes. No protection is provided solve blanketing interference to mobile

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receivers or non-RF devices or blan- § 22.359 Emission limitations. keting interference occurring as a re- The rules in this section govern the sult of malfunctioning or mistuned re- spectral characteristics of emissions in ceivers, improperly installed consumer the Public Mobile Services, except for antenna systems, or the use of high the Air-Ground Radiotelephone Service gain antennas or antenna booster am- (see § 22.861, instead) and the Cellular plifiers by consumers. Radiotelephone Service (see § 22.917, in- (d) Licensees that install transmit- stead). ting antennas at a location where there (a) Out of band emissions. The power are already one or more transmitting of any emission outside of the author- antennas are responsible for resolving ized operating frequency ranges must any new cases of blanketing inter- be attenuated below the transmitting ference in accordance with this section. power (P) by a factor of at least 43 + 10 (e) Two or more licensees that con- log (P) dB. currently install transmitting anten- (b) Measurement procedure. Compli- nas at the same location are jointly re- ance with these rules is based on the sponsible for resolving blanketing in- use of measurement instrumentation terference cases, unless the FCC can employing a resolution bandwidth of 30 readily determine which station is kHz or more. In the 60 kHz bands im- causing the interference, in which case mediately outside and adjacent to the the licensee of that station is held fully authorized frequency range or channel, responsible. a resolution bandwidth of at least one (f) After the one year period of re- percent of the emission bandwidth of sponsibility to resolve blanketing in- the fundamental emission of the trans- terference, licensees must provide upon mitter may be employed. A narrower request technical information to com- resolution bandwidth is permitted in plainants on remedies for blanketing all cases to improve measurement ac- interference. curacy provided the measured power is integrated over the full required meas- § 22.355 Frequency tolerance. urement bandwidth (i.e., 30 kHz or 1 Except as otherwise provided in this percent of emission bandwidth, as spec- part, the carrier frequency of each ified). The emission bandwidth is de- transmitter in the Public Mobile Serv- fined as the width of the signal be- ices must be maintained within the tol- tween two points, one below the carrier erances given in Table C–1 of this sec- center frequency and one above the tion. carrier center frequency, outside of which all emissions are attenuated at TABLE C–1—FREQUENCY TOLERANCE FOR least 26 dB below the transmitter TRANSMITTERS IN THE PUBLIC MOBILE SERVICES power. (c) Alternative out of band emission Mobile >3 Mobile Frequency range Base, fixed watts ≤3 watts limit. Licensees in the Public Mobile (MHz) (ppm) (ppm) (ppm) Services may establish an alternative out of band emission limit to be used 25 to 50 ...... 20.0 20.0 50.0 50 to 450 ...... 5.0 5.0 50.0 at specified frequencies (band edges) in 450 to 512 ...... 2.5 5.0 5.0 specified geographical areas, in lieu of 821 to 896 ...... 1.5 2.5 2.5 that set forth in this section, pursuant 928 to 929 ...... 5.0 n/a n/a 929 to 960 ...... 1.5 n/a n/a to a private contractual arrangement 2110 to 2220 ..... 10.0 n/a n/a of all affected licensees and applicants. In this event, each party to such con- [61 FR 54099, Oct. 17, 1996] tract shall maintain a copy of the contract in their station files and disclose § 22.357 Emission types. it to prospective assignees or transferees and, upon request, to the FCC. Any authorized station in the Public (d) Interference caused by out of band Mobile Services may transmit emis- emissions. If any emission from a trans- sions of any type(s) that comply with mitter operating in any of the Public the applicable emission rule, i.e. Mobile Services results in interference § 22.359, § 22.861 or § 22.917. to users of another radio service, the [70 FR 19308, Apr. 13, 2005] FCC may require a greater attenuation

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of that emission than specified in this ble of meeting all technical require- section. ments of the rules governing the service in which they will operate. The pro- [70 FR 19308, Apr. 13, 2005] cedure for obtaining certification is set § 22.365 Antenna structures; air navi- forth in part 2 of this chapter. gation safety. [78 FR 25174, Apr. 29, 2013] Licensees that own their antenna structures must not allow these an- § 22.379 RF exposure. tenna structures to become a hazard to Licensees and manufacturers shall air navigation. In general, antenna ensure compliance with the Commis- structure owners are responsible for sion’s radio frequency exposure re- registering antenna structures with quirements in §§ 1.1307(b), 2.1091, and the FCC if required by part 17 of this 2.1093 of this chapter, as appropriate. chapter, and for installing and main- Applications for equipment authoriza- taining any required marking and tion of mobile or portable devices oper- lighting. However, in the event of de- ating under this section must contain a fault of this responsibility by an an- statement confirming compliance with tenna structure owner, each FCC per- these requirements. Technical informa- mittee or licensee authorized to use an tion showing the basis for this state- affected antenna structure will be held ment must be submitted to the Com- responsible by the FCC for ensuring mission upon request. that the antenna structure continues to meet the requirements of part 17 of [85 FR 18150, Apr. 1, 2020] this chapter. See § 17.6 of this chapter. § 22.383 In-building radiation systems. (a) Marking and lighting. Antenna structures must be marked, lighted and Licensees may install and operate in- maintained in accordance with part 17 building radiation systems without ap- of this chapter and all applicable rules plying for authorization or notifying and requirements of the Federal Avia- the FCC, provided that the locations of tion Administration. the in-building radiation systems are (b) Maintenance contracts. Antenna within the protected service area of the structure owners (or licensees and per- licensee’s authorized transmitter(s) on mittees, in the event of default by an the same channel or channel block. antenna structure owner) may enter into contracts with other entities to Subpart D [Reserved] monitor and carry out necessary maintenance of antenna structures. An- Subpart E—Paging and tenna structure owners (or licensees Radiotelephone Service and permittees, in the event of default by an antenna structure owner) that § 22.501 Scope. make such contractual arrangements The rules in this subpart govern the continue to be responsible for the licensing and operation of public mo- maintenance of antenna structures in bile paging and radiotelephone sta- regard to air navigation safety. tions. The licensing and operation of [61 FR 4365, Feb. 6, 1996] these stations are also subject to rules elsewhere in this part that apply gen- § 22.377 Certification of transmitters. erally to the Public Mobile Services. Transmitters used in the Public Mo- However, in case of conflict, the rules bile Services, including those used with in this subpart govern. signal boosters, in-building radiation systems and cellular repeaters, must be § 22.503 Paging geographic area au- certificated for use in the radio serv- thorizations. ices regulated under this part. Trans- The FCC considers applications for mitters must be certificated when the and issues paging geographic area au- station is ready for service, not nec- thorizations in the Paging and Radio- essarily at the time of filing an appli- telephone Service in accordance with cation. The FCC may list as certifi- the rules in this section. Each paging cated only transmitters that are capa- geographic area authorization contains

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conditions requiring compliance with MEAs EAs paragraphs (h) and (i) of this section. 28 (Little Rock) ...... 90–92, 95. (a) Channels. The FCC may issue a 29 (Kansas City) ...... 93, 99, 123. paging geographic area authorization 30 (St. Louis) ...... 94, 96, 98. for any channel listed in § 22.531 of this 31 (Houston) ...... 86–87, 131. part or for any channel pair listed in 32 (Dallas-Fort Worth) ...... 88–89, 127–130, 135, 137– 138. § 22.561 of this part. 33 (Denver) ...... 115, 140–143. (b) Paging geographic areas. The pag- 34 (Omaha) ...... 118–121. ing geographic areas are as follows: 35 (Wichita) ...... 122. (1) The Nationwide paging geographic 36 (Tulsa) ...... 124. area comprises the District of Colum- 37 (Oklahoma City) ...... 125–126. 38 (San Antonio) ...... 132–134. bia and all States, Territories and pos- 39 (El Paso-Albuquerque) ..... 136, 139, 155–157. sessions of the United States of Amer- 40 (Phoenix) ...... 154, 158–159. ica. 41 (Spokane-Billings) ...... 144–147, 168. (2) Major Economic Areas (MEAs) 42 (Salt Lake City) ...... 148–150, 152. 43 (San Francisco-Oakland- 151, 162–165. and Economic Areas (EAs) are defined San Jose). below. EAs are defined by the Depart- 44 (Los Angeles-San Diego) 153, 160–161. ment of Commerce, Bureau of Eco- 45 (Portland) ...... 166–167. nomic Analysis. See Final Redefinition 46 (Seattle) ...... 169–170. 47 (Alaska) ...... 171. of the MEA Economic Areas, 60 FR 48 (Hawaii) ...... 172. 13114 (March 10, 1995). MEAs are based 49 (Guam and the Northern 173. on EAs. In addition to the Department Mariana Islands). 50 (Puerto Rico and U.S. Vir- 174. of Commerce’s 172 EAs, the FCC shall gin Islands). separately license Guam and the 51 (American Samoa) ...... 175. Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, (c) Availability. The FCC may deter- and American Samoa, which have been mine whether to issue a paging geo- assigned FCC-created EA numbers 173– graphic area authorization for any spe- 175, respectively, and MEA numbers 49– cific channel or channel pair in any 51, respectively. specific paging geographic area. The (3) The 51 MEAs are composed of one FCC may replace existing site specific or more EAs as defined in the following authorizations for facilities on a chan- table: nel or channel pair located in a paging geographic area with a paging geo- MEAs EAs graphic area authorization for that 1 (Boston) ...... 1–3. channel or channel pair, if in its sole 2 (New York City) ...... 4–7, 10. discretion, the FCC determines that 3 (Buffalo) ...... 8. 4 (Philadelphia) ...... 11–12. the public interest would be served by 5 (Washington) ...... 13–14. such replacement. 6 (Richmond) ...... 15–17, 20. (d) Filing windows. The FCC accepts 7 (Charlotte-Greensboro- 18–19, 21–26, 41–42, 46. applications for paging geographic area Greenville-Raleigh). 8 (Atlanta) ...... 27–28, 37–40, 43. authorizations only during filing win- 9 (Jacksonville) ...... 29, 35. dows. The FCC issues Public Notices 10 (Tampa-St. Petersburg-Or- 30, 33–34. announcing in advance the dates of the lando). 11 (Miami) ...... 31–32. filing windows, and the specific paging 12 (Pittsburgh) ...... 9, 52–53. geographic areas and channels for 13 (Cincinnati-Dayton) ...... 48–50. which applications may be accepted. 14 (Columbus) ...... 51. 15 (Cleveland) ...... 54–55. (e) One grant per geographic area. The 16 (Detroit) ...... 56–58, 61–62. FCC may grant one and only one appli- 17 (Milwaukee) ...... 59–60, 63, 104–105, 108. cation for a paging geographic area au- 18 (Chicago) ...... 64–66, 68, 97, 101. 19 (Indianapolis) ...... 67. thorization for any specific channel or 20 (Minneapolis-St. Paul) ...... 106–107, 109–114, 116. channel pair in any specific paging geo- 21 (Des Moines-Quad Cities) 100, 102–103, 117. graphic area defined in paragraph (b) of 22 (Knoxville) ...... 44–45. this section. Selection from among mu- 23 (Louisville-Lexington- 47, 69–70, 72. Evansville). tually exclusive applications for a pag- 24 (Birmingham) ...... 36, 74, 78–79. ing geographic area authorization will 25 (Nashville) ...... 71. be made in accordance with the proce- 26 (Memphis-Jackson) ...... 73, 75–77. 27 (New Orleans-Baton 80–85. dures in §§ 22.131 and 22.200 through Rouge). 22.299. If after the selection process but

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

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termination of authorizations for those area. ‘‘Substantial service’’ means facilities that were not authorized, service that is sound, favorable, and constructed, and operating at the time substantially above a level of mediocre the geographic area authorization was service that would barely warrant re- granted. MEA and EA licensees have newal. the burden of showing when their fa- [62 FR 11633, Mar. 12, 1997, as amended at 63 cilities were authorized, constructed, FR 68945, Dec. 14, 1998; 64 FR 33782, June 24, and operating, and should retain nec- 1999] essary records of these sites until coverage requirements are fulfilled. For § 22.507 Number of transmitters per the purpose of this paragraph, to station. ‘‘cover’’ area means to include geo- This section concerns the number of graphic area within the composite of transmitters licensed under each sta- the service contour(s) determined by tion authorization in the Paging and the methods of § 22.537 or § 22.567 as ap- Radiotelephone Service, other than propriate for the particular channel in- paging geographic area authorizations. volved. Licensees may determine the (a) Operationally related transmitters. population of geographic areas in- Each station must have at least one cluded within their service contours transmitter. There is no limit to the using either the 1990 census or the 2000 number of transmitters that a station census, but not both. may comprise. However, transmitters (1) No later than three years after within a station should be operation- the initial grant of an MEA or EA geo- ally related and/or should serve the graphic area authorization, the li- same general geographical area. Oper- censee must construct or otherwise ac- ationally related transmitters are quire and operate sufficient facilities those that operate together as a sys- to cover one third of the population in tem (e.g., trunked systems, simulcast the paging geographic area. The li- systems), rather than independently. censee must notify the FCC at the end (b) Split of large systems. The FCC may of the three-year period pursuant to split wide-area systems into two or § 1.946 of this chapter, either that it has more stations for administrative con- satisfied this requirement or that it venience. Except for nationwide paging plans to satisfy the alternative require- and other operationally related trans- ment to provide substantial service in mitters, transmitters that are widely accordance with paragraph (k)(3) of separated geographically are not li- this section. censed under a single authorization. (2) No later than five years after the (c) Consolidation of separate stations. initial grant of an MEA or EA geo- The FCC may consolidate site-specific graphic area authorization, the li- contiguous authorizations upon re- censee must construct or otherwise ac- quest (FCC Form 601) of the licensee, if quire and operate sufficient facilities appropriate under paragraph (a) of this to cover two thirds of the population in section. Paging licensees may include the paging geographic area. The li- remote, stand-alone transmitters under censee must notify the FCC at the end the single system-wide authorization, of the five year period pursuant to if the remote, stand-alone transmitter § 1.946 of this chapter, either that it has is linked to the system via a control/re- satisfied this requirement or that it peater facility or by satellite. Includ- has satisfied the alternative require- ing a remote, stand-alone transmitter ment to provide substantial service in in a system-wide authorization does accordance with paragraph (k)(3) of not alter the limitations provided this section. under § 22.503(f) on entities other than (3) As an alternative to the coverage the paging geographic area licensee. In requirements of paragraphs (k)(1) and the alternative, paging licensees may (k)(2) of this section, the paging geo- maintain separate site-specific author- graphic area licensee may demonstrate izations for stand-alone or remote that, no later than five years after the transmitters. The earliest expiration initial grant of its paging geographic date of the authorizations that make area authorization, it provides substan- up the single system-wide authoriza- tial service to the paging geographic tion will determine the expiration date

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for the system-wide authorization. Li- § 22.513 Partitioning and censees must file timely renewal appli- disaggregation. cations for site-specific authorizations MEA and EA licensees may apply to included in a single system-wide au- partition their authorized geographic thorization request until the request is service area or disaggregate their au- approved. Renewal of the system-wide thorized spectrum at any time fol- authorization will be subject to § 1.949 lowing grant of their geographic area of this chapter. authorizations. Nationwide geographic (d) Replacement of site-by-site author- area licensees may apply to partition izations with single authorization. After their authorized geographic service a paging geographic area authorization area or disaggregate their authorized for a channel has been issued, the FCC spectrum at any time as of August 23, may, on its own motion, replace the 1999. authorization(s) of any other licensee (for facilities located within that pag- (a) Application required. Parties seeking geographic area on that channel) ing approval for partitioning and/or with a single replacement authoriza- disaggregation shall apply for partial tion. assignment of a license pursuant to § 1.948 of this chapter. [62 FR 11634, Mar. 12, 1997, as amended at 63 (b) Partitioning. In the case of parti- FR 68945, Dec. 14, 1998; 64 FR 33784, June 24, tioning, requests for authorization for 1999] partial assignment of a license must § 22.509 Procedures for mutually ex- include, as attachments, a description clusive applications in the Paging of the partitioned service area and a and Radiotelephone Service. calculation of the population of the Mutually exclusive applications in partitioned service area and the au- the Paging and Radiotelephone Serv- thorized geographic service area. The ice, including those that are mutually partitioned service area shall be de- exclusive with applications in the fined by 120 sets of geographic coordi- Rural Radiotelephone Service, are nates at points at every 3 degrees azi- processed in accordance with § 22.131 muth from a point within the parti- and with this section. tioned service area along the parti- (a) Applications in the Paging and tioned service area boundary unless ei- Radiotelephone Service may be mutu- ther an FCC-recognized service area is ally exclusive with applications in the used (e.g., MEA or EA) or county lines Rural Radiotelephone Service if they are followed. The geographical coordi- seek authorization to operate facilities nates must be specified in degrees, on the same channel in the same area, minutes, and seconds to the nearest or the technical proposals are other- second latitude and longitude, and wise in conflict. See § 22.567. must be based upon the 1983 North (b) A modification application in ei- American Datum (NAD83). In the case ther service filed on the earliest filing where FCC-recognized service areas or date may cause all later-filed mutually county lines are used, applicants need exclusive applications of any type in only list the specific area(s) through either service to be ‘‘cut off’’ (excluded use of FCC designations or county from a same-day filing group) and dis- names that constitute the partitioned missed, pursuant to § 22.131(c)(3)(ii) and area. § 22.131(c)(4). (c) Disaggregation. Spectrum may be [59 FR 59956, Nov. 21, 1994, as amended at 61 disaggregated in any amount. FR 54099, Oct. 17, 1996; 64 FR 33784, June 24, (d) Combined partitioning and 1999] disaggregation. Licensees may apply for partial assignment of authorizations § 22.511 Construction period for the that propose combinations of parti- Paging and Radiotelephone Service. tioning and disaggregation. The construction period for stations (e) License term. The license term for in the Paging and Radiotelephone a partitioned license area and for Service is one year.

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disaggregated spectrum shall be the re- application proposing to add or delete a mainder of the original licensee’s li- control point. cense term as provided for in § 1.955 of (4) The FCC location number, file this chapter. number and location (street address, city or town, state) of authorized fa- [64 FR 33784, June 24, 1999, as amended at 82 FR 41547, Sept. 1, 2017] cilities that have not been constructed are required only for each application § 22.515 Permissible communications requesting an extension of time to con- paths. struct those facilities. Mobile stations may communicate (b) Technical data. The following only with and through base stations. data, associated with FCC Form 601, Base stations may communicate only are required as indicated for each ap- with mobile stations and receivers on plication. Applications for a paging ge- land or surface vessels. ographic area authorization must not contain Schedule B. Other type of ap- § 22.527 Signal boosters. plications may contain as many Sched- ule Bs as are necessary for the intended Licensees may install and operate purpose. signal boosters on channels listed in (1) For each transmitting antenna § 22.531 only in accordance with the pro- site to be added, deleted or modified, visions of § 22.165 governing additional the following are required: an indica- transmitters for existing systems. Li- tion of the desired database action, the censees must not allow any signal Commission location number, if any, booster that they operate to cause in- the street address or other description terference to the service or operation of the transmitting antenna site, the of any other authorized stations or sys- city, county and state, the geographic tems. coordinates (latitude and longitude), [61 FR 31051, June 19, 1996] correct to ±1 second, of the transmitting antenna site (NAD83), and in the § 22.529 Application requirements for case of a proposed relocation of a the Paging and Radiotelephone transmitting antenna, the Commission Service. location number and geographic co- In addition to information required ordinates, correct to ±1 second, of the by subparts B and D of this part, appli- transmitting antenna site (NAD83) to cations for authorization in the Paging which the geographic coordinates of and Radiotelephone Service contain re- the current location are referenced. quired information as described in the (2) For each transmitting antenna instructions to the form. Site coordi- site to be added, deleted or modified, nates must be referenced to NAD83 and the following supplementary informa- be correct to + ¥1 second. tion is required: An indication as to (a) Administrative information. The fol- whether or not the transmitting an- lowing information, associated with tenna site is within 200 kilometers (124 Form 601, is required as indicated. miles) of the U.S.-Mexico border, and Each application of any type, including an indication as to whether or not the applications for paging geographic area transmitting antenna site is North of authorizations, must contain one and Line A or East of Line C. Line A and only one Schedule A. Line C are defined in § 2.1 of this chap- (1) The purpose of the filing is re- ter. For each adjacent geographic area quired for each application of any type. within 200 kilometers (124 miles) of (2) The geographic area designator, each transmitting antenna site to be channel and geographic area name are added, deleted or modified, the geo- required only for each application for a graphic area designator and name, and paging geographic area authorization. the shortest distance (in kilometers) to (3) The FCC control point number, if the boundary of that geographic area. any, the location (street address, city (3) The height (in meters) above aver- or town, state), the telephone number age terrain of the center of radiation of and an indication of the desired data- the antenna, the beamwidth of the base action are required only for each main lobe of the horizontal radiation

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pattern of the electric field of the an- Low VHF Channels tenna, the height (in meters) to the tip 35.20 35.46 43.20 43.46 of the antenna above ground level, a 35.22 35.50 43.22 43.50 polar plot of the horizontal gain pat- 35.24 35.54 43.24 43.54 tern of the antenna, the antenna gain 35.26 35.56 43.26 43.56 in the maximum lobe and the electric 35.30 35.58 43.30 43.58 field polarization of the wave emitted 35.34 35.60 43.34 43.60 by the antenna when installed as pro- 35.38 35.62 43.38 43.62 posed. 35.42 35.66 43.42 43.66 (i) The center frequency of the re- High VHF Channels quested channel, the transmitter clas- 152.24 152.84 158.10 158.70 sification (e.g. base, fixed mobile), the UHF Channels designator for any non-standard emis- 931.0125 931.2625 931.5125 931.7625 sion type to be used, including band- 931.0375 931.2875 931.5375 931.7875 width and modulation type, and the 931.0625 931.3125 931.5625 931.8125 maximum effective radiated power. 931.0875 931.3375 931.5875 931.8375 (ii) For each of the eight cardinal 931.1125 931.3625 931.6125 931.8625 radials, the antenna height above the 931.1375 931.3875 931.6375 931.8875 average elevation along the radial, and 931.1625 931.4125 931.6625 931.9125 the effective radiated power of each 931.1875 931.4375 931.6875 931.9375 transmitter in the direction of the ra- 931.2125 931.4625 931.7125 931.9625 dial. 931.2375 931.4875 931.7375 931.9875 (iii) For each transmitter proposed to (a)–(b) [Reserved] transmit on a channel reserved for (c) Upon application using FCC Form point-to-multipoint operation involv- 601, common carriers may be author- ing transmission to four or more points ized to provide one-way paging service of communications (i.e. base transmit- using the leased subcarrier facilities of ters), the following is required for each broadcast stations licensed under part point of communication: an indication 73 of this chapter. of the desired database action, the lo- (d) Occasionally in case law and cation (city or town, state), and the other formal and informal documents, geographical coordinates (latitude and the low VHF channels have been re- longitude, NAD 83). ferred to as ‘‘lowband’’ channels, and (c) Upon request by an applicant, li- the high VHF channels have been re- censee, or the Commission, a part 22 ferred to as ‘‘guardband’’ channels. applicant or licensee of whom the re- (e) Pursuant to the U.S.-Canada In- quest is made shall furnish the antenna terim Coordination Considerations for type, model, and the name of the an- 929–932 MHz, as amended, only the fol- tenna manufacturer to the requesting lowing UHF channels may be assigned party within ten (10) days of receiving in the continental United States North written notification. of Line A or in the State of Alaska East of Line C, within the indicated [62 FR 11635, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998; 64 FR 53240, Oct. 1, longitudes: 1999] (1) From longitude W.73° to longitude W.75° and from longitude W.78° to lon- PAGING OPERATION gitude W.81°: 931.0125 931.1125 931.1875 931.2625 § 22.531 Channels for paging oper- 931.0375 931.1375 931.2125 931.8625 ation. 931.0625 931.1625 931.2375 The following channels are allocated (2) From longitude W.81° to longitude for assignment to base transmitters W.85°: that provide paging service, either in- 931.0125 931.2125 931.3875 931.5875 dividually or collectively under a pag- 931.0375 931.2375 931.4125 931.6125 ing geographic area authorization. Un- 931.0625 931.2625 931.4625 931.6375 less otherwise indicated, all channels 931.1125 931.2875 931.4875 931.8625 have a bandwidth of 20 kHz and are des- 931.1375 931.3125 931.5125 ignated by their center frequencies in 931.1625 931.3375 931.5375 MegaHertz. 931.1875 931.3625 931.5625

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(3) Longitudes other than specified in which 90% or more of the distance so paragraphs (e)(1) and (e)(2) of this sec- calculated is over water. tion: (d) Encompassed interfering contour 931.0125 931.1625 931.2875 931.4125 areas. Transmitters are exempt from 931.0375 931.1875 931.3125 931.4625 the basic power and height-power lim- 931.0625 931.2125 931.3375 931.8625 its of this section if the area within 931.1125 931.2375 931.3625 their interfering contours is totally en- 931.1375 931.2625 931.3875 compassed by the interfering contours (4) At any longitude, with authoriza- of operating co-channel base transmit- tion condition requiring coordinated, ters controlled by the same licensee. shared use and equal access by licens- For the purpose of this paragraph, op- ees in both countries: erating transmitters are authorized transmitters that are providing service 931.4375 931.8875 931.9125 931.9375 to subscribers. (f) For the purpose of issuing paging (e) Adjacent channel protection. The geographic authorizations, the paging ERP of transmitters must not exceed geographic areas used for UHF chan- 500 Watts if they: nels are the MEAs, and the paging geo- (1) Transmit on a channel in the 152– graphic areas used for the low and high 159 MHz frequency range and are lo- VHF channels are the EAs (see cated less than 5 kilometers (3.1 miles) § 22.503(b)). from any station licensed in the Pri- vate Radio Services that receives on an [59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 62 FR 11635, Mar. 12, adjacent channel; or, 1997; 63 FR 68945, Dec. 14, 1998; 64 FR 33784, (2) Transmit on channel 158.10 or June 24, 1999; 70 FR 19309, Apr. 13, 2005] 158.70 MHz and are located less than 5 kilometers (3.1 miles) from any station § 22.535 Effective radiated power lim- licensed in the Public Mobile Services its. that receives on either of the following The effective radiated power (ERP) of adjacent channels: 158.07 MHz or 158.67 transmitters operating on the channels MHz. listed in § 22.531 must not exceed the (f) Signal boosters. The effective radi- limits in this section. ated power of signal boosters must not (a) Maximum ERP. The ERP must not exceed 5 watts ERP under any normal exceed the applicable limits in this operating condition. paragraph under any circumstances. [59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996] Maximum Frequency range (MHz) ERP (Watts) § 22.537 Technical channel assignment 35–36 ...... 600 criteria. 43–44 ...... 500 152–159 ...... 1400 The rules in this section establish 931–932 ...... 3500 technical assignment criteria for the channels listed in § 22.531. These cri- (b) Basic power limit. Except as pro- teria permit channel assignments to be vided in paragraph (d) of this section, made in a manner such that reception the ERP of transmitters on the VHF by public paging receivers of signals channels must not exceed 500 Watts. from base transmitters, within the (c) Height-power limit. Except as pro- service area of such base transmitters, vided in paragraph (d) of this section, is protected from interference caused the ERP of transmitters on the VHF by the operation of independent co- channels must not exceed the amount channel base transmitters. that would result in an average dis- (a) Contour overlap. The FCC may tance to the service contour of 32.2 kil- grant an application requesting assign- ometers (20 miles). The average dis- ment of a channel to a proposed base tance to the service contour is cal- transmitter only if: culated by taking the arithmetic mean (1) The interfering contour of the of the distances determined using the proposed transmitter does not overlap procedures specified in § 22.537 for the the service contour of any protected eight cardinal radial directions, ex- co-channel transmitter controlled by a cluding cardinal radial directions for carrier other than the applicant, unless

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that carrier has agreed in writing to function of angle. However, in resolv- accept any interference that may re- ing petitions to deny, the FCC may cal- sult from operation of the proposed culate the distance to the service con- transmitter; and, tour using the formula in paragraph (c) (2) The service contour of the proof this section with actual HAAT and posed transmitter does not overlap the ERP data for the inter-station radial interfering contour of any protected and additional radials above and below co-channel transmitter controlled by a the inter-station radial at 2.5° inter- carrier other than the applicant, unless vals. the applicant agrees to accept any in- (d) VHF interfering contour. For pag- terference that may result from oper- ing stations transmitting on the VHF ation of the protected co-channel channels, the distance from the trans- transmitter; and, mitting antenna to the interfering con- (3) The area and/or population to tour along each cardinal radial is cal- which service would be provided by the culated as follows: proposed transmitter is substantial, and service gained would exceed that d = 6.509 × h0.28 × p0.17 lost as a result of agreements to accept where d is the radial distance in kilometers interference. h is the radial antenna HAAT in meters (b) Protected transmitter. For the pur- p is the radial ERP in Watts poses of this section, protected transmitters are authorized transmitters for (1) Whenever the actual HAAT is less which there is a current FCC public than 30 meters (98 feet), 30 must be record and transmitters proposed in used as the value for h in the above for- prior-filed pending applications. mula. (c) VHF service contour. For paging (2) The value used for p in the above stations transmitting on the VHF formula must not be less than 27 dB channels, the distance from the trans- less than the maximum ERP in any di- mitting antenna to the service contour rection or 0.1 Watt, whichever is more. along each cardinal radial is calculated (3) The distance from the transmit- as follows: ting antenna to the interfering contour along any radial other than the eight d = 1.243 × h0.40 × p0.20 cardinal radials is routinely calculated where d is the radial distance in kilometers by linear interpolation of distance as a h is the radial antenna HAAT in meters function of angle. In resolving peti- p is the radial ERP in Watts tions to deny, however, the FCC may (1) Whenever the actual HAAT is less calculate the distance to the inter- than 30 meters (98 feet), 30 must be fering contour using the formula in used as the value for h in the above for- paragraph (d) of this section with ac- mula. tual HAAT and ERP data for the inter- (2) The value used for p in the above station radial and additional radials formula must not be less than 27 dB above and below the inter-station ra- less than the maximum ERP in any di- dial at 2.5° intervals. rection or 0.1 Watt, whichever is more. (e) 931 MHz service contour. For pag- (3) The distance from the transmit- ing stations transmitting on the 931 ting antenna to the service contour MHz channels, the service contour is a along any radial other than the eight circle, centered on the transmitting cardinal radials is routinely calculated antenna, with a radius determined by linear interpolation of distance as a from Table E–1 of this section.

TABLE E—1–931 MHZ PAGING SERVICE RADII

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

0–177 ...... 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) (0–581) 178–305 ...... 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) (582–1001) 306–427 ...... 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) (1002–1401)

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TABLE E—1–931 MHZ PAGING SERVICE RADII—Continued

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

428–610 ...... 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) 56.3 (35) (1402–2001) 611–861 ...... 37.0 (23) 41.8 (26) 41.8 (26) 56.3 (35) 83.7 (52) 83.7 (52) (2002–2825) 862–1219 ...... 41.8 (26) 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) (2826–3999) 1220 + ...... 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) 83.7 (52) (4000 + )

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

TABLE E—2–931 MHZ PAGING INTERFERING RADII

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

0–177 ...... 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) (0–581) 178–305 ...... 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) (582–1001) 306–427 ...... 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) (1002–1401) 428–610 ...... 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) 130.4 (81) (1402–2001) 611–861 ...... 88.5 (55) 96.6 (60) 96.6 (60) 130.4 (81) 191.5 (119) 191.5 (119) (2002–2825) 862–1219 ...... 96.6 (60) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) (2826–3999) 1220 + (4000 + ) ...... 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) 191.5 (119)

(g) In-building radiation systems. The § 22.559 Paging application require- locations of in-building radiation sys- ments. tems must be within the service con- In addition to information required tour(s) of the licensee’s authorized by subparts B and D and § 22.529, appli- transmitter(s) on the same channel. In- cations for authorization to operate a building radiation systems are not pro- paging transmitter on the channels tected facilities, and therefore do not listed in § 22.531, other than applica- have service or interfering contours. tions for a paging geographic area au- (h) Signal boosters on 931 MHz chan- thorization, must contain the applica- nels. For the purpose of compliance ble supplementary information de- with § 22.165 and notwithstanding para- scribed in this section. graphs (e) and (f) of this section, signal (a) Interference exhibit. Except as pro- boosters operating on the 931 MHz vided in paragraph (b) of this section, channels with an antenna HAAT not an exhibit demonstrating compliance exceeding 30 meters (98 feet) are with § 22.537 with regard to protected deemed to have as a service contour a transmitters is required for applica- circle with a radius of 1.0 kilometer (0.6 tions to operate a transmitter on the VHF channels. This exhibit must: mile) and as an interfering contour a (1) Identify each protected trans- circle with a radius of 10 kilometers mitter located within 109 kilometers (6.2 miles). (68 miles) of the proposed transmitter [59 FR 59507, Nov. 17, 1994, as amended at 61 in directions in which the distance to FR 31051, June 19, 1996] the interfering contour is 76.5 kilometers (47.5 miles) or less, and within

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178 kilometers (111 miles) of the pro- Base Mobile Base Mobile posed transmitter in directions in which the distance to the interfering VHF Channels contour exceeds 76.5 kilometers (47.5 miles). 152.03 ...... 158.49 152.57 ...... 157.83 (2) For each protected transmitter 152.06 ...... 158.52 152.60 ...... 157.86 identified, show the results of distance 152.09 ...... 158.55 152.63 ...... 157.89 152.12 ...... 158.58 152.66 ...... 157.92 calculations indicating that there 152.15 ...... 158.61 152.69 ...... 157.95 would be no overlap of service and 152.18 ...... 158.64 152.72 ...... 157.98 interfering contours, or alternatively, 152.21 ...... 158.67 152.75 ...... 158.01 indicate that the licensee of or appli- 152.51 ...... 157.77 152.78 ...... 158.04 cant for the protected transmitter and/ 152.54 ...... 157.80 152.81 ...... 158.07 or the applicant, as required, have agreed in writing to accept any inter- UHF Channels ference resulting from operation of the proposed transmitter. 454.025 ...... 459.025 454.350 ...... 459.350 454.050 ...... 459.050 454.375 ...... 459.375 (b) Encompassment exhibit. An exhibit 454.075 ...... 459.075 454.400 ...... 459.400 showing that the area within the inter- 454.100 ...... 459.100 454.425 ...... 459.425 fering contour of the proposed trans- 454.125 ...... 459.125 454.450 ...... 459.450 mitter would be totally encompassed 454.150 ...... 459.150 454.475 ...... 459.475 by interfering contours of operating co- 454.175 ...... 459.175 454.500 ...... 459.500 channel base transmitters controlled 454.200 ...... 459.200 454.525 ...... 459.525 by the applicant is required for appli- 454.225 ...... 459.225 454.550 ...... 459.550 454.250 ...... 459.250 454.575 ...... 459.575 cations to operate a transmitter with 454.275 ...... 459.275 454.600 ...... 459.600 ERP exceeding the basic power and 454.300 ...... 459.300 454.625 ...... 459.625 height-power limits of § 22.535. For VHF 454.325 ...... 459.325 454.650 ...... 459.650 transmitters, this encompassment exhibit may substitute for the inter- [59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, ference exhibit required in paragraph 1995, as amended at 62 FR 11636, Mar. 12, 1997] (a) of this section. § 22.565 Transmitting power limits. [59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997] The transmitting power of base, mobile and fixed transmitters operating ONE-WAY OR TWO-WAY MOBILE on the channels listed in § 22.561 must OPERATION not exceed the limits in this section. (a) Maximum ERP. The effective radi- § 22.561 Channels for one-way or two- ated power (ERP) of base and fixed way mobile operation. transmitters must not exceed the ap- The following channels are allocated plicable limits in this paragraph under for paired assignment to transmitters any circumstances. that provide (or support other trans- Maximum mitters that provide) one-way or two- Frequency range (MHz) ERP (watts) way public land mobile service, either individually or collectively under a 152–153 ...... 1400 157–159 ...... 150 paging geographic area authorization. 454–455 ...... 3500 The paging geographic areas used for 459–460 ...... 150 these channels are the EAs (see § 22.503(b)(3)). These channels may be (b) Basic power limit. Except as pro- assigned for use by mobile or base vided in paragraph (d) of this section, transmitters as indicated, and or by the ERP of base transmitters must not fixed transmitters (including control, exceed 500 Watts. repeater or other fixed transmitters). (c) Height-power limits. Except as pro- The mobile channels may also be as- vided in paragraph (d) of this section, signed for use by base or fixed trans- the ERP of base transmitters must not mitters under certain circumstances exceed the amount that would result in (see § 22.567(h)). Unless otherwise indian average distance to the service con- cated, all channels have a bandwidth of tour of 41.6 kilometers (26 miles) for 20 kHz and are designated by their cen- VHF channels or 30.7 kilometers (19 ter frequencies in MegaHertz. miles) for UHF channels. The average

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distance to the service contour is cal- in the Paging and Radiotelephone culated by taking the arithmetic mean Service and other central office sta- of the distances determined using the tions in the Rural Radiotelephone procedures specified in § 22.567 for the Service. Separate criteria in paragraph eight cardinal radial directions, ex- (h) of this section apply only to assign- cluding cardinal radial directions for ment of the channels designated in which 90% or more of the distance so § 22.561 as mobile channels to base and calculated is over water. fixed transmitters, and permit these (d) Encompassed interfering contour channel assignments to be made in a areas. Base transmitters are exempt manner such that reception by public from the basic power and height-power base and fixed receivers of signals from limits of this section if the area within associated mobile and fixed transmit- their interfering contours is totally enters is protected from interference compassed by the interfering contours caused by the operation of independent of operating co-channel based trans- co-channel base and fixed transmitters. mitters controlled by the same li- (a) Contour overlap. The FCC may censee. For the purpose of this para- grant an application requesting assign- graph, operating transmitters are au- ment of a channel to a proposed base, thorized transmitters that are pro- fixed or central office station trans- viding service to subscribers. mitter only if: (e) Adjacent channel protection. The (1) The interfering contour of the ERP of base and fixed transmitters proposed transmitter does not overlap must not exceed 500 Watts if they the service contour of any protected transmit on channel 454.025 MHz and co-channel transmitter controlled by a are located less than 7 kilometers (4.3 carrier other than the applicant, unless miles) from any Private Radio Services that carrier has agreed in writing to station receiving on adjacent channel accept any interference that may re- 454.0000 MHz. sult from operation of the proposed (f) Mobile transmitters. The trans- transmitter; and mitter output power of mobile trans- (2) The service contour of the pro- mitters must not exceed 60 watts. posed transmitter does not overlap the [59 FR 59507, Nov. 17, 1994, as amended at 70 interfering contour of any protected FR 19309, Apr. 13, 2005] co-channel transmitter controlled by a carrier other than the applicant, unless § 22.567 Technical channel assignment the application contains a statement criteria. that the applicant agrees to accept any The rules in this section establish interference that may result from oper- technical assignment criteria for the ation of the protected co-channel channels listed in § 22.561. The criteria transmitter; and in paragraphs (a) through (f) of this (3) The area and/or population to section permit channel assignments to which service would be provided by the be made in a manner such that recep- proposed transmitter is substantial, tion by public mobile receivers of sig- and service gained would exceed that nals from base transmitters, within the lost as a result of agreements to accept service area of such base transmitters, interference. is protected from interference caused (b) Protected transmitter. For the pur- by the operation of independent co- poses of this section, protected trans- channel base and fixed transmitters in mitters are authorized transmitters for the Paging and Radiotelephone Service which there is a current FCC public and central office stations, including record and transmitters proposed in Basic Exchange Telephone Radio Sys- prior-filed pending applications, in the tems (BETRS), in the Rural Radio- Paging and Radiotelephone Service and telephone Service. Additional criteria the Rural Radiotelephone Service. in paragraph (g) of this section permit (c) VHF service contour. For base sta- channel assignments to be made in a tions transmitting on the VHF chan- manner such that BETRS communica- nels, the radial distance from the tions are protected from interference transmitting antenna to the service caused by the operation of independent contour along each cardinal radial is co-channel base and fixed transmitters calculated as follows:

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d = 1.609 × h0.40 × p0.20 (4) The distance from the transmitting antenna to the interfering contour where: along any radial other than the eight d is the radial distance in kilometers cardinal radials is routinely calculated h is the radial antenna HAAT in meters by linear interpolation of distance as a p is the radial ERP in Watts function of angle. However, in resolv- (1) Whenever the actual HAAT is less ing petitions to deny, the FCC may cal- than 30 meters (98 feet), 30 must be culate the distance to the interfering used as the value for h in the above for- contour using the appropriate formula mula. in paragraph (d) of this section with ac- (2) The value used for p in the above tual HAAT and ERP data for the inter- formula must not be less than 27 dB station radial and additional radials less than the maximum ERP in any di- above and below the inter-station ra- rection, or 0.1 Watt, whichever is more. dial at 2.5° intervals. (3) The distance from the transmit- (e) UHF service contour. For base stating antenna to the service contour tions transmitting on the UHF chan- along any radial other than the eight nels, the radial distance from the cardinal radials is routinely calculated transmitting antenna to the service by linear interpolation of distance as a contour along each cardinal radial is function of angle. However, in resolv- calculated as follows: ing petitions to deny, the FCC may cal- d = 1.726 × h0.35 × p0.18 culate the distance to the service contour using the formula in paragraph (c) where: of this section with actual HAAT and d is the radial distance in kilometers ERP data for the inter-station radial h is the radial antenna HAAT in meters and additional radials above and below p is the radial ERP in Watts the inter-station radial at 2.5° inter- (1) Whenever the actual HAAT is less vals. than 30 meters (98 feet), 30 must be (d) VHF interfering contour. For base used as the value for h in the above for- and fixed stations transmitting on the mula. VHF channels, the radial distance from (2) The value used for p in the above the transmitting antenna to the inter- formula must not be less than 27 dB fering contour along each cardinal ra- less than the maximum ERP in any di- dial is calculated as follows: rection, or 0.1 Watt, whichever is more. (1) If the radial antenna HAAT is less (3) The distance from the transmit- than 150 meters: ting antenna to the service contour along any radial other than the eight × 0.24 × 0.19 d = 8.577 h p cardinal radials is routinely calculated where: by linear interpolation of distance as a d is the radial distance in kilometers function of angle. However, in resolv- h is the radial antenna HAAT in meters ing petitions to deny, the FCC may cal- p is the radial ERP in Watts culate the distance to the service con- Whenever the actual HAAT is less tour using the formula in paragraph (e) than 30 meters (98 feet), 30 must be of this section with actual HAAT and used as the value for h in the above for- ERP data for the inter-station radial mula. and addition radials above and below (2) If the radial antenna HAAT is 150 the below the inter-station radial at ° meters or more: 2.5 intervals. (f) UHF interfering contour. For base d = 12.306 × h0.23 × p0.14 and fixed stations transmitting on the where: UHF channels, the radial distance from the transmitting antenna to the inter- d is the radial distance in kilometers fering contour along each cardinal ra- h is the radial antenna HAAT in meters p is the radial ERP in Watts dial is calculated as follows: (1) If the radial antenna HAAT is less (3) The value used for p in the above than 150 meters: formulas must not be less than 27 dB d = 9.471 × h0.23 × p0.15 less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. where:

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d is the radial distance in kilometers formula must not be less than 27 dB h is the radial antenna HAAT in meters less than the maximum ERP in any di- p is the radial ERP in Watts rection, or 0.1 Watt, whichever is more. Whenever the actual HAAT is less (h) Assignment of mobile channels to than 30 meters (98 feet), 30 must be base or fixed transmitters. Mobile chan- used as the value for h in the above for- nels may be assigned to base or fixed mula. transmitters if the following criteria (2) If the radial antenna HAAT is 150 are met: meters or more: (1) The paired base channel, as des- d = 6.336 × h0.31 × p0.15 ignated in § 22.561, is assigned to base transmitters in the same geographical where: area operated by the same licensee. d is the radial distance in kilometers (2) The authorization is granted sub- h is the radial antenna HAAT in meters ject to the condition that no inter- p is the radial ERP in Watts ference be caused to fixed receivers in (3) The value used for p in the above use on or prior to the date of the grant. formula must not be less than 27 dB less than the maximum ERP in any di- § 22.571 Responsibility for mobile sta- rection, or 0.1 Watt, whichever is more. tions. (4) The distance from the transmit- Mobile stations that are subscribers ting antenna to the interfering contour in good standing to a two-way service along any radial other than the eight in the Paging and Radiotelephone cardinal radials is routinely calculated Service, when receiving service from by linear interpolation of distance as a that station, are considered to be oper- function of angle. However, in resolv- ating under the authorization of that ing petitions to deny, the FCC may cal- station. Licensees are responsible for culate the distance to the interfering exercising effective operational control contour using the appropriate formula over mobile stations receiving service in paragraph (f) of this section with ac- through their stations. Mobile stations tual HAAT and ERP data for the inter- that are subscribers in good standing station radial and additional radials to a two-way service in the Paging and above and below the inter-station ra- Radiotelephone Service, while receiv- dial at 2.5° intervals. ing service from a different station, are (g) Protection for BETRS. In applying considered to be operating under the the provisions of paragraph (a) of this authorization of such different station. section, if either or both of the trans- The licensee of such different station is mitters involved is a BETRS central responsible, during such temporary pe- office station, the following contour riod, for exercising effective oper- substitutions must be used: ational control over such mobile sta- (1) The service contour of the BETRS tions as if they were subscribers to it. central office station(s) is a circle, centered on the central office station an- § 22.573 Use of base transmitters as re- tenna, with a radius of 40 kilometers peaters. (25 miles). As an additional function, base trans- (2) The interfering contour of any mitters may be used as repeaters. Li- station of any type, when determining censees must be able to turn the base whether it would overlap the service transmitter on or off from the control contour of a BETRS central office sta- point regardless of whether a sub- tion, is calculated as follows: scriber-operated transmitter is trans- d = 36.364 × h0.2 × p0.1 mitting. where: § 22.575 Use of mobile channel for re- d is the radial distance in kilometers mote control of station functions. h is the radial antenna HAAT in meters Carriers may remotely control sta- p is the radial ERP in Watts tion functions (e.g. shut down or reac- Whenever the actual HAAT is less tivate base transmitters, turn aviation than 30 meters (98 feet), 30 must be obstruction warning lights on or off, used as the value for h in the above for- etc.) using a control transmitter oper- mula. The value used for p in the above ating on a mobile channel, subject to

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the conditions in this section and in directions in which the distance to the § 22.567(h). interfering contour exceeds 76.4 kilo- (a) The control transmitter must be meters (47.5 miles); and identify each capable of overriding transmissions protected Basic Exchange Telephone from subscriber-operated transmitters Radio System central office trans- if necessary. Subscriber-operated mitter in the Rural Radiotelephone transmitters must not be capable of Service within 231 kilometers (144 being used to deliberately or acciden- miles), tally prevent the licensee from control- (2) For VHF channels, identify each ling the station. protected transmitter located within (b) The licensee must implement 135 kilometers (84 miles) of the pro- measures designed to prevent station posed transmitter in directions in functions from being controlled by per- which the distance to the interfering sons not authorized by the licensee to contour is 93.3 kilometers (58 miles) or control the station. less, and within 178 kilometers (111 (c) The control transmitter location miles) of the proposed transmitter in must be within the composite service directions in which the distance to the contour of the licensee’s authorized interfering contour exceeds 93.3 kilo- station on the paired base channel. meters (58 miles). (3) For each protected transmitter § 22.579 Operation of mobile transmitters across U.S.-Canada border. identified, show the results of distance calculations indicating that there Mobile stations licensed by Canada would be no overlap of service and may receive two-way service while in interfering contours, or alternatively, the United States from stations li- indicate that the licensee of or appli- censed under this part, after authoriza- cant for the protected transmitter and/ tion has been granted by the FCC. Mo- or the applicant, as required, have bile stations that normally operate agreed in writing to accept any inter- under the authority of base stations li- ference resulting from operation of the censed under this part may receive proposed transmitter. two-way service while in Canada from (b) Encompassment exhibit. An exhibit stations licensed under this part or by showing that the area within the inter- Canada, upon authorization by Canada. fering contour of the proposed trans- § 22.589 One-way or two-way applica- mitter would be totally encompassed tion requirements. by interfering contours of operating co- channel base transmitters controlled In addition to information required by the applicant is required for appli- by subparts B and D and § 22.529, applications to operate a transmitter with cations for authorization to operate a ERP exceeding the basic power and paging transmitter on the channels height-power limits of § 22.565. This en- listed in § 22.531, other than applica- compassment exhibit may substitute tions for a paging geographic area au- for the interference exhibit required in thorization, must contain the applica- paragraph (a) of this section. ble supplementary information described in this section. [59 FR 59507, Nov. 17, 1994, as amended at 62 (a) Interference exhibit. Except as pro- FR 11636, Mar. 12, 1997] vided in paragraph (b) of this section, an exhibit demonstrating compliance POINT-TO-POINT OPERATION with § 22.567 with regard to protected transmitters is required. This exhibit § 22.591 Channels for point-to-point must: operation. (1) For UHF channels, identify each The following channels are allocated protected transmitter located within for assignment to fixed transmitters 108 kilometers (67 miles) of the pro- that support other transmitters that posed transmitter in directions in provide public mobile service. Unless which the distance to the interfering otherwise indicated, all channels have contour is 76.4 kilometers (47.5 miles) a bandwidth of 20 kHz and are des- or less, and within 178 kilometers (111 ignated by their center frequencies in miles) of the proposed transmitter in MegaHertz.

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VHF Channels plicable limits set forth in § 101.113 of 72.02 72.36 72.80 75.66 this chapter. 72.04 72.38 72.82 75.68 [70 FR 19309, Apr. 13, 2005] 72.06 72.40 72.84 75.70 72.08 72.42 72.86 75.72 § 22.601 Existing microwave stations 72.10 72.46 72.88 75.74 72.12 72.50 72.90 75.76 licensed under this part. 72.14 72.54 72.92 75.78 Existing microwave stations (2110– 72.16 72.58 72.94 75.80 2130 and 2160–2180 MHz) licensed under 72.18 72.62 72.96 75.82 this part (pursuant to former rules) are 72.20 72.64 72.98 75.84 72.22 72.66 75.42 75.86 subject to the transition rules in 72.24 72.68 75.46 75.88 § 22.602. No new microwave systems will 72.26 72.70 75.50 75.90 be authorized under this part. 72.28 72.72 75.54 75.92 (a) Coordination required. Before filing 72.30 72.74 75.58 75.94 applications for authority to modify 72.32 72.76 75.62 75.96 existing stations on these channels or 72.34 72.78 75.64 75.98 major amendments to such applica- 72.10 72.46 72.88 75.74 tions, carriers must coordinate the 72.12 72.50 72.90 75.76 72.14 72.54 72.92 75.78 planned channel usage, using the pro- 72.16 72.58 72.94 75.80 cedure outlined in § 22.150, with affected 72.18 72.62 72.96 75.82 parties in this radio service and the 72.20 72.64 72.98 75.84 Point-to-Point Microwave Service and 72.22 72.66 75.42 75.86 the Multipoint Distribution Service. 72.24 72.68 75.46 75.88 Affected parties are licensees and other 72.26 72.70 75.50 75.90 applicants with previously filed pend- 72.28 72.72 75.54 75.92 ing applications whose stations could 72.30 72.74 75.58 75.94 72.32 72.76 75.62 75.96 affect or be affected by the proposed 72.34 72.78 75.64 75.98 modification of the existing station in UHF Channels—State of Hawaii terms of interference. (b) System parameters. In designing a 488.250 .... 491.250 489.750 .... 492.750 system modification, the applicant 488.750 .... 491.750 490.250 .... 493.250 489.250 .... 492.250 490.750 .... 493.750 must select sites, equipment and channels that will avoid harmful inter- (a) The 72–76 MHz channels may be ference to other users. All parties must used in point-to-multipoint configura- cooperate fully and make reasonable tions. The 72–76 MHz channels are also efforts to resolve technical problems allocated for assignment in the Private and conflicts that may inhibit the Radio Services (see part 90 of this chap- most effective and efficient use of the ter). radio spectrum; however, a party re- (b) [Reserved] ceiving notification is not obligated to (c) Channels in the frequency ranges suggest changes or re-design a proposal 488.250–490.750 and 491.250–493.750 MHz in cases involving conflicts. The appli- may be assigned only to inter-island cant must identify in the application fixed stations located in the State of all parties with which the technical Hawaii. proposal was coordinated. In the event [59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, that technical problems are not re- 1995, as amended at 70 FR 19309, Apr. 13, 2005; solved or if an affected party does not 78 FR 25174, Apr. 29, 2013] respond to coordination efforts within 30 days after notification, an expla- § 22.593 Effective radiated power lim- nation must be contained in the appli- its. cation. Where technical conflicts are The effective radiated power of fixed resolved by an agreement between the stations operating on the channels list- parties that requires special procedures ed in § 22.591 must not exceed 150 Watts. to reduce the likelihood of harmful in- The equivalent isotropically radiated terference (such as the use of artificial power of existing fixed microwave sta- site shielding), or would result in a re- tions (2110–2130 and 2160–2180 MHz) li- duction of quality or capacity of either censed under this part (pursuant to system, the details thereof must be former rules) must not exceed the ap- contained in the application.

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(c) Bandwidth. Applicants must re- (d) The mandatory negotiation period quest the minimum emission band- is triggered at the option of the ET li- width necessary. The FCC does not au- censee. Once mandatory negotiations thorize bandwidths larger than 800 kHz have begun, a PARS licensee may not under this part. refuse to negotiate and all parties are required to negotiate in good faith. [59 FR 59507, Nov. 17, 1994, as amended at 70 Good faith requires each party to pro- FR 19309, Apr. 13, 2005] vide information to the other that is § 22.602 Transition of the 2110–2130 reasonably necessary to facilitate the and 2160–2180 MHz channels to relocation process. In evaluating emerging technologies. claims that a party has not negotiated in good faith, the FCC will consider, The 2110–2130 and 2160–2180 MHz inter alia, the following factors: microwave channels formerly listed in (1) Whether the ET licensee has made § 22.591 have been re-allocated for use a bona fide offer to relocate the PARS by emerging technologies (ET) serv- licensee to comparable facilities in ac- ices. No new systems will be authorized cordance with Section 101.75(b) of this under this part. The rules in this sec- chapter; tion provide for a transition period (2) If the PARS licensee has de- during which existing Paging and Ra- manded a premium, the type of pre- diotelephone Service (PARS) licensees mium requested (e.g., whether the pre- using these channels may relocate op- mium is directly related to relocation, erations to other media or to other such as system-wide relocations and fixed channels, including those in other analog-to-digital conversions, versus microwave bands. For PARS licensees other types of premiums), and whether relocating operations to other micro- the value of the premium as compared wave bands, authorization must be ob- to the cost of providing comparable fa- tained under part 101 of this chapter. cilities is disproportionate (i.e., wheth- (a) Licensees proposing to implement er there is a lack of proportion or rela- ET services may negotiate with PARS tion between the two); licensees authorized to use these chan- (3) What steps the parties have taken nels, for the purpose of agreeing to to determine the actual cost of reloca- terms under which the PARS licensees tion to comparable facilities; would— (4) Whether either party has withheld (1) Relocate their operations to other information requested by the other fixed microwave bands or other media, party that is necessary to estimate re- or alternatively, location costs or to facilitate the relo- (2) Accept a sharing arrangement cation process. Any party alleging a with the ET licensee that may result in violation of our good faith requirement an otherwise impermissible level of in- must attach an independent estimate terference to the PARS operations. of the relocation costs in question to (b) [Reserved] any documentation filed with the Com- (c) Relocation of fixed microwave li- mission in support of its claim. An censees in the 2110–2130 MHz and 2160– independent cost estimate must in- 2180 MHz bands will be subject to man- clude a specification for the com- datory negotiations only. A separate parable facility and a statement of the mandatory negotiation period will costs associated with providing that fa- commence for each fixed microwave li- cility to the incumbent licensee. censee when an ET licensee informs (e) Involuntary period. After the end that fixed microwave licensee in writ- of the mandatory negotiation period, ing of its desire to negotiate. Manda- ET licensees may initiate involuntary tory negotiation periods are defined as relocation procedures under the Com- follows: mission’s rules. ET licensees are obli- (1) Non-public safety incumbents will gated to pay to relocate only the spe- have a two-year mandatory negotia- cific microwave links to which their tion period; and systems pose an interference problem. (2) Public safety incumbents will Under involuntary relocation, a PARS have a three-year mandatory negotia- licensee is required to relocate, pro- tion period. vided that:

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(1) The ET applicant, provider, li- of relocation, not match the total ca- censee or representative guarantees pacity of the PARS system. payment of relocation costs, including (2) Reliability. System reliability is all engineering, equipment, site and the degree to which information is FCC fees, as well as any legitimate and transferred accurately within a sys- prudent transaction expenses incurred tem. ET licensees must provide PARS by the PARS licensee that are directly licensees with reliability equal to the attributable to an involuntary reloca- overall reliability of their system. For tion, subject to a cap of two percent of digital data systems, reliability is the hard costs involved. Hard costs are measured by the percent of time the defined as the actual costs associated bit error rate (BER) exceeds a desired with providing a replacement system, value, and for analog or digital voice such as equipment and engineering ex- transmissions, it is measured by the penses. ET licensees are not required to percent of time that audio signal qual- pay PARS licensees for internal re- ity meets an established threshold. If sources devoted to the relocation proc- an analog voice system is replaced with ess. ET licensees are not required to a digital voice system, only the result- pay for transaction costs incurred by ing frequency response, harmonic dis- PARS licensees during the voluntary tortion, signal-to-noise ratio and its re- or mandatory periods once the involun- liability will be considered in deter- tary period is initiated or for fees that mining comparable reliability. cannot be legitimately tied to the pro- (3) Operating Costs. Operating costs vision of comparable facilities; are the cost to operate and maintain (2) The ET applicant, provider, li- the PARS system. ET licensees must censee or representative completes all compensate PARS licensees for any in- activities necessary for implementing creased recurring costs associated with the replacement facilities, including the replacement facilities (e.g. addi- engineering and cost analysis of the re- tional rental payments, increased util- location procedure and, if radio facili- ity fees) for five years after relocation. ties are involved, identifying and ob- ET licensees may satisfy this obliga- taining, on the incumbents behalf, new tion by making a lump-sum payment channels and frequency coordination; based on present value using current and, interest rates. Additionally, the main- (3) The ET applicant, provider, li- tenance costs to the PARS licensee censee or representative builds the re- must be equivalent to the 2 GHz sys- placement system and tests it for com- tem in order for the replacement sys- parability with the existing 2 GHz system. tem to be considered comparable. (f) Comparable Facilities. The replace- (g) The PARS licensee is not required ment system provided to an incumbent to relocate until the alternative facili- during an involuntary relocation must ties are available to it for a reasonable be at least equivalent to the existing time to make adjustments, determine PARS system with respect to the fol- comparability, and ensure a seamless lowing three factors: handoff. (1) Throughput. Communications (h) [Reserved] throughput is the amount of informa- (i) After April 25, 1996, all major tion transferred within a system in a modifications and extensions to exist- given amount of time. If analog facili- ing PARS systems operating on chan- ties are being replaced with analog, the nels in the 2110–2130 and 2160–2180 MHz ET licensee is required to provide the bands will be authorized on a sec- PARS licensee with an equivalent ondary basis to future ET operations. number of 4 kHz voice channels. If dig- All other modifications will render the ital facilities are being replaced with modified PARS license secondary to fu- digital, the ET licensee must provide ture ET operations unless the incum- the PARS licensee with equivalent bent affirmatively justifies primary data loading bits per second (bps). ET status and the incumbent PARS li- licensees must provide PARS licensees censee establishes that the modifica- with enough throughput to satisfy the tion would not add to the relocation PARS licensee’s system use at the time costs of ET licensees. Incumbent PARS

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licensees will maintain primary status safety communications services would for the following technical changes: be disrupted). (1) Decreases in power; (k) Reimbursement and relocation ex- (2) Minor changes (increases or de- penses in the 2110–2130 MHz and 2160–2180 creases) in antenna height; MHz bands. Whenever an ET licensee in (3) Minor location changes (up to two the 2110–2130 MHz and 2160–2180 MHz seconds); band relocates a paired PARS link with (4) Any data correction which does one path in the 2110–2130 MHz band and not involve a change in the location of the paired path in the 2160–2180 MHz an existing facility; band, the ET license will be entitled to (5) Reductions in authorized band- reimbursement pursuant to the proce- width; dures described in §§ 27.1160 through (6) Minor changes (increases or de- 27.1174 of this chapter. creases) in structure height; [61 FR 29689, June 12, 1996, as amended at 70 (7) Changes (increases or decreases) FR 19309, Apr. 13, 2005; 71 FR 29834, May 24, in ground elevation that do not affect 2006] centerline height; (8) Minor equipment changes. § 22.603 488–494 MHz fixed service in (j) Sunset. PARS licensees will main- Hawaii. tain primary status in the 2110–2130 Before filing applications for author- MHz and 2160–2180 MHz bands unless ization of inter-island control and/or and until an ET licensee requires use of repeater stations, applicants must co- the spectrum. ET licensees are not re- ordinate the planned channel usage quired to pay relocation costs after the with existing licensees and other appli- relocation rules sunset (i.e., for the cants with previously filed applica- 2110–2130 MHz and 2160–2180 MHz bands, tions, using the procedure outlined in ten years after the first ET license is § 22.150. Applicants and licensees shall issued in the respective band). Once the cooperate fully and make reasonable relocation rules sunset, an ET licensee efforts to resolve any channel usage may require the incumbent to cease op- conflicts. In situations where technical erations, provided that the ET licensee solutions to such conflicts cannot be intends to turn on a system within in- devised, the FCC may select a channel terference range of the incumbent, as or channels to assign or may designate determined by TIA TSB 10–F or any the application(s) for hearing. To be standard successor. ET licensee notifi- acceptable for filing, applications and cation to the affected PARS licensee major technical amendments must must be in writing and must provide contain a certification that coordina- the incumbent with no less than six tion has been completed and an exhibit months to vacate the spectrum. After listing the name(s) of the licensees and the six-month notice period has ex- applicants with which the planned pired, the PARS licensee must turn its channel usage has been coordinated. license back into the Commission, unless the parties have entered into an POINT-TO-MULTIPOINT OPERATION agreement which allows the PARS licensee to continue to operate on a mu- § 22.621 Channels for point-to- tually agreed upon basis. If the parties multipoint operation. cannot agree on a schedule or an alter- The following channels are allocated native arrangement, requests for ex- for assignment to transmitters utilized tension will be accepted and reviewed within point-to-multipoint systems on a case-by-case basis. The Commis- that support transmitters that provide sion will grant such extensions only if public mobile service. Unless otherwise the incumbent can demonstrate that: indicated, all channels have a band- (1) It cannot relocate within the six- width of 20 kHz and are designated by month period (e.g., because no alter- their center frequencies in MegaHertz. native spectrum or other reasonable No new licenses will be issued for any option is available), and; 900 MHz frequencies in this section. See (2) The public interest would be part 101, subpart O of this chapter for harmed if the incumbent is forced to treatment of incumbents and for new terminate operations (e.g., if public licensing procedures. Incumbents under

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part 22 are subject to the restrictions 928.46875 .... 952.46875 928.71875 .... 952.71875 of part 101, subpart O of this chapter 928.48125 .... 952.48125 928.73125 .... 952.73125 928.49375 .... 952.49375 928.74375 .... 952.74375 but may make permissible modifica- 928.50625 .... 952.50625 928.75625 .... 952.75625 tions, transfers, assignments, or renew 928.51875 .... 952.51875 928.76875 .... 952.76875 their licenses using procedures, forms, 928.53125 .... 952.53125 928.78125 .... 952.78125 928.54375 .... 952.54375 928.79375 .... 952.79375 fees, and filing requirements of part 22. 928.55625 .... 952.55625 928.80625 .... 952.80625 Public Mobile Pool 928.56875 .... 952.56875 928.81875 .... 952.81875 (25 kHz bandwidth) 928.58125 .... 952.58125 928.83125 .... 952.83125 928.59375 .... 952.59375 928.84375 .... 952.84375 928.8625 ...... 959.8625 928.9375 ...... 959.9375 928.8875 ...... 959.8875 928.9625 ...... 959.9625 Public, Private, Government Shared Pool 928.9125 ...... 959.9125 928.9875 ...... 959.9875 (12.5 kHz bandwidth) (12.5 kHz bandwidth) 932.00625 .... 941.00625 932.25625 .... 941.25625 928.85625 .... 959.85625 928.93125 .... 959.93125 932.01875 .... 941.01875 932.26875 .... 941.26875 928.86875 .... 959.86875 928.94375 .... 959.94375 932.03125 .... 941.03125 932.28125 .... 941.28125 928.88125 .... 959.88125 928.95625 .... 959.95625 932.04375 .... 941.04375 932.29375 .... 941.29375 928.89375 .... 959.89375 928.96875 .... 959.96875 932.05625 .... 941.05625 932.30625 .... 941.30625 928.90625 .... 959.90625 928.98125 .... 959.98125 932.06875 .... 941.06875 932.31875 .... 941.31875 928.91875 .... 959.91875 928.99375 .... 959.99375 932.08125 .... 941.08125 932.33125 .... 941.33125 932.09375 .... 941.09375 932.34375 .... 941.34375 Private Radio General Access Pool 932.10625 .... 941.10625 932.35625 .... 941.35625 (25 kHz bandwidth) 932.11875 .... 941.11875 932.36875 .... 941.36875 956.2625 ...... 956.3125 956.3625 ...... 956.4125 932.13125 .... 941.13125 932.38125 .... 941.38125 956.2875 ...... 956.3375 956.3875 ...... 956.4375 932.14375 .... 941.14375 932.39375 .... 941.39375 928.0125 ...... 952.0125 928.1875 ...... 952.1875 932.15625 .... 941.15625 932.40625 .... 941.40625 928.0375 ...... 952.0375 928.2125 ...... 952.2125 932.16875 .... 941.16875 932.41875 .... 941.41875 928.0625 ...... 952.0625 928.2375 ...... 952.2375 932.18125 .... 941.18125 932.43125 .... 941.43125 928.0875 ...... 952.0875 928.2625 ...... 952.2625 932.19375 .... 941.19375 932.44375 .... 941.44375 928.1125 ...... 952.1125 928.2875 ...... 952.2875 932.20625 .... 941.20625 932.45625 .... 941.45625 928.1375 ...... 952.1375 928.3125 ...... 952.3125 932.21875 .... 941.21875 932.46875 .... 941.46875 928.1625 ...... 952.1625 928.3375 ...... 952.3375 932.23125 .... 941.23125 932.48125 .... 941.48125 932.24375 .... 941.24375 932.49375 .... 941.49375 (12.5 kHz bandwidth) UHF Channels in Specified Urban Areas 956.25625 .... 956.30625 956.35625 .... 956.40625 956.26875 .... 956.31875 956.36875 .... 956.41875 Boston 956.28125 .... 956.33125 956.38125 .... 956.43125 470.0125 ...... 473.0125 482.0125 ...... 485.0125 956.29375 .... 956.34375 956.39375 .... 956.44375 470.0375 ...... 473.0375 482.0375 ...... 485.0375 928.00625 .... 952.00625 928.18125 .... 952.18125 470.0625 ...... 473.0625 482.0625 ...... 485.0625 928.01875 .... 952.01875 928.19375 .... 952.19375 470.0875 ...... 473.0875 482.0875 ...... 485.0875 928.03125 .... 952.03125 928.20625 .... 952.20625 470.1125 ...... 473.1125 482.1125 ...... 485.1125 928.04375 .... 952.04375 928.21875 .... 952.21875 470.1375 ...... 473.1375 482.1375 ...... 485.1375 928.05625 .... 952.05625 928.23125 .... 952.23125 470.1625 ...... 473.1625 482.1625 ...... 485.1625 928.06875 .... 952.06875 928.24375 .... 952.24375 470.1875 ...... 473.1875 482.1875 ...... 485.1875 928.08125 .... 952.08125 928.25625 .... 952.25625 470.2125 ...... 473.2125 482.2125 ...... 485.2125 928.09375 .... 952.09375 928.26875 .... 952.26875 470.2375 ...... 473.2375 482.2375 ...... 485.2375 928.10625 .... 952.10625 928.28125 .... 952.28125 470.2625 ...... 473.2625 482.2625 ...... 485.2625 928.11875 .... 952.11875 928.29375 .... 952.29375 470.2875 ...... 473.2875 482.2875 ...... 485.2875 928.13125 .... 952.13125 928.30625 .... 952.30625 Chicago, Cleveland 928.14375 .... 952.14375 928.31875 .... 952.31875 470.0125 ...... 473.0125 476.0125 ...... 479.0125 928.15625 .... 952.15625 928.33125 .... 952.33125 470.0375 ...... 473.0375 476.0375 ...... 479.0375 928.16875 .... 952.16875 928.34375 .... 952.34375 470.0625 ...... 473.0625 476.0625 ...... 479.0625 Private Radio Power Pool 470.0875 ...... 473.0875 476.0875 ...... 479.0875 (25 kHz bandwidth) 470.1125 ...... 473.1125 476.1125 ...... 479.1125 470.1375 ...... 473.1375 476.1375 ...... 479.1375 928.3625 ...... 952.3625 928.6125 ...... 952.6125 470.1625 ...... 473.1625 476.1625 ...... 479.1625 928.3875 ...... 952.3875 928.6375 ...... 952.6375 470.1875 ...... 473.1875 476.1875 ...... 479.1875 928.4125 ...... 952.4125 928.6625 ...... 952.6625 470.2125 ...... 473.2125 476.2125 ...... 479.2125 928.4375 ...... 952.4375 928.6875 ...... 952.6875 470.2375 ...... 473.2375 476.2375 ...... 479.2375 928.4625 ...... 952.4625 928.7125 ...... 952.7125 470.2625 ...... 473.2625 476.2625 ...... 479.2625 928.4875 ...... 952.4875 928.7375 ...... 952.7375 928.5125 ...... 952.5125 928.7625 ...... 952.7625 470.2875 ...... 473.2875 476.2875 ...... 479.2875 928.5375 ...... 952.5375 928.7875 ...... 952.7875 New York-Northeastern New Jersey 928.5625 ...... 952.5625 928.8125 ...... 952.8125 470.0125 ...... 470.1625 476.0125 ...... 476.1625 928.5875 ...... 952.5875 928.8375 ...... 952.8375 470.0375 ...... 470.1875 476.0375 ...... 476.1875 (12.5 kHz bandwidth) 470.0625 ...... 470.2125 476.0625 ...... 476.2125 928.35625 .... 952.35625 928.60625 .... 952.60625 470.0875 ...... 470.2375 476.0875 ...... 476.2375 928.36875 .... 952.36875 928.61875 .... 952.61875 470.1125 ...... 470.2625 476.1125 ...... 476.2625 928.38125 .... 952.38125 928.63125 .... 952.63125 470.1375 ...... 470.2875 476.1375 ...... 476.2875 928.39375 .... 952.39375 928.64375 .... 952.64375 Dallas-Forth Worth 928.40625 .... 952.40625 928.65625 .... 952.65625 482.0125 ...... 482.1625 485.0125 ...... 485.1625 928.41875 .... 952.41875 928.66875 .... 952.66875 482.0375 ...... 482.1875 485.0375 ...... 485.1875 928.43125 .... 952.43125 928.68125 .... 952.68125 482.0625 ...... 482.2125 485.0625 ...... 485.2125 928.44375 .... 952.44375 928.69375 .... 952.69375 482.0875 ...... 482.2375 485.0875 ...... 485.2375 928.45625 .... 952.45625 928.70625 .... 952.70625 482.1125 ...... 482.2625 485.1125 ...... 485.2625 71

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482.1375 ...... 482.2875 485.1375 ...... 485.2875 488.2125 ...... 491.2125 494.2125 ...... 497.2125 Detroit 488.2375 ...... 491.2375 494.2375 ...... 497.2375 488.2625 ...... 491.2625 494.2625 ...... 497.2625 476.0125 ...... 479.0125 482.0125 ...... 485.0125 488.2875 ...... 491.2875 494.2875 ...... 497.2875 476.0375 ...... 479.0375 482.0375 ...... 485.0375 476.0625 ...... 479.0625 482.0625 ...... 485.0625 476.0875 ...... 479.0875 482.0875 ...... 485.0875 [59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 476.1125 ...... 479.1125 482.1125 ...... 485.1125 1995, as amended at 61 FR 54099, Oct. 17, 1996; 476.1375 ...... 479.1375 482.1375 ...... 485.1375 65 FR 17448, Apr. 3, 2000] 476.1625 ...... 479.1625 482.1625 ...... 485.1625 476.1875 ...... 479.1875 482.1875 ...... 485.1875 476.2125 ...... 479.2125 482.2125 ...... 485.2125 § 22.623 System configuration. 476.2375 ...... 479.2375 482.2375 ...... 485.2375 This section requires a minimum 476.2625 ...... 479.2625 482.2625 ...... 485.2625 476.2875 ...... 479.2875 482.2875 ...... 485.2875 configuration for point-to-multipoint Houston systems using the channels listed in 488.1625 ...... 491.1625 488.2375 ...... 491.2375 § 22.621. 488.1875 ...... 491.1875 488.2625 ...... 491.2625 (a) 928–960 MHz. The channels may be 488.2125 ...... 491.2125 488.2875 ...... 491.2875 assigned, individually or paired, only Los Angeles to fixed transmitters in a system that 470.0125 ...... 473.0125 506.0625 ...... 509.0625 controls at least four public mobile 470.0375 ...... 473.0375 506.0875 ...... 509.0875 506.0125 ...... 509.0125 506.1125 ...... 509.1125 base transmitters that transmit on the 506.0375 ...... 509.0375 same channel. If a 932–933 MHz channel Miami and a 941–942 MHz channel are assigned 470.0125 ...... 470.1625 473.0125 ...... 473.1625 as a pair, the 941–942 MHz channel must 470.0375 ...... 470.1875 473.0375 ...... 473.1875 be assigned only to control transmit- 470.0625 ...... 470.2125 473.0625 ...... 473.2125 ters; the 932–933 MHz channel may be 470.0875 ...... 470.2375 473.0875 ...... 473.2375 470.1125 ...... 470.2625 473.1125 ...... 473.2625 assigned to control or fixed relay 470.1375 ...... 470.2875 473.1375 ...... 473.2875 transmitters. Philadelphia (b) 470–512 MHz. These channels may 500.0125 ...... 503.0125 506.0125 ...... 509.0125 be assigned only individually (un- 500.0375 ...... 503.0375 506.0375 ...... 509.0375 paired), to control transmitters that 500.0625 ...... 503.0625 506.0625 ...... 509.0625 500.0875 ...... 503.0875 506.0875 ...... 509.0875 directly control at least four public 500.1125 ...... 503.1125 506.1125 ...... 509.1125 mobile base transmitters that transmit 500.1375 ...... 503.1375 506.1375 ...... 509.1375 on the same channel. Fixed relay 500.1625 ...... 503.1625 506.1625 ...... 509.1625 500.1875 ...... 503.1875 506.1875 ...... 509.1875 transmitters are not authorized. 500.2125 ...... 503.2125 506.2125 ...... 509.2125 (c) Selection and assignment. The FCC 500.2375 ...... 503.2375 506.2375 ...... 509.2375 selects and assigns a channel when 500.2625 ...... 503.2625 506.2625 ...... 509.2625 500.2875 ...... 503.2875 506.2875 ...... 509.2875 granting applications for authorization Pittsburgh to operate a new station to transmit in 470.0125 ...... 470.1625 473.0125 ...... 473.1625 the 470–512, 932–933 and 941–942 MHz fre- 470.0375 ...... 470.1875 473.0375 ...... 473.1875 quency ranges. Applicants having a 470.0625 ...... 470.2125 473.0625 ...... 473.2125 preference may request the assignment 470.0875 ...... 470.2375 473.0875 ...... 473.2375 470.1125 ...... 470.2625 473.1125 ...... 473.2625 of a specific channel or channel pair, 470.1375 ...... 470.2875 473.1375 ...... 473.2875 but the FCC may in some cases be un- San Francisco able to satisfy such requests. 482.0125 ...... 485.0125 488.0125 ...... 491.0125 482.0375 ...... 485.0375 488.0375 ...... 491.0375 § 22.625 Transmitter locations. 482.0625 ...... 485.0625 488.0625 ...... 491.0625 482.0875 ...... 485.0875 488.0875 ...... 491.0875 This section governs where point-to- 482.1125 ...... 485.1125 488.1125 ...... 491.1125 multipoint transmitters on the chan- 482.1375 ...... 485.1375 488.1375 ...... 491.1375 nels listed in § 22.621 may be located. 482.1625 ...... 485.1625 488.1625 ...... 491.1625 (a) 928–960 MHz. In this frequency 482.1875 ...... 485.1875 488.1875 ...... 491.1875 482.2125 ...... 485.2125 488.2125 ...... 491.2125 range, the required minimum distance 482.2375 ...... 485.2375 488.2375 ...... 491.2375 separation between co-channel fixed 482.2625 ...... 485.2625 488.2625 ...... 491.2625 transmitters is 113 kilometers (70 482.2875 ...... 485.2875 488.2875 ...... 491.2875 miles). Washington, DC (b) 470–512 MHz. The purpose of the 488.0125 ...... 491.0125 494.0125 ...... 497.0125 488.0375 ...... 491.0375 494.0375 ...... 497.0375 rule in paragraph (b)(1) of this section 488.0625 ...... 491.0625 494.0625 ...... 497.0625 is to define the areas in which the 470– 488.0875 ...... 491.0875 494.0875 ...... 497.0875 512 MHz channels are allocated for pub- 488.1125 ...... 491.1125 494.1125 ...... 497.1125 lic mobile use. The purpose of the rules 488.1375 ...... 491.1375 494.1375 ...... 497.1375 488.1625 ...... 491.1625 494.1625 ...... 497.1625 in paragraphs (b)(2) and (b)(3) of this 488.1875 ...... 491.1875 494.1875 ...... 497.1875 section is to reduce the likelihood that 72

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interference to television reception Control from public mobile operations on these transmitter frequency Protected TV station location channels will occur. range (1) Control transmitter locations. Con- ° ′ ″ ° ′ ″ trol transmitter locations must be 470–476 Washington, DC 38 57 17 77 00 17 MHz. within 80 kilometers (50 miles) of the 476–482 Lancaster, PA 40°15′45″ 76°27′49″ designated locations in this paragraph. MHz.

Urban area N. latitude W. longitude (ii) The distance to the radio horizon Boston, MA ...... 42°21′24.4″ 71°03′22.2″ is calculated using the following for- Chicago, IL ...... 41°52′28.1″ 87°38′22.2″ mula: Cleveland, OH ...... 41°29′51.2″ 81°41′49.5″ Dallas, TX ...... 32°47′09.5″ 96°47′38.0″ Detroit, MI ...... 42°19′48.1″ 83°02′56.7″ dh=×17 Houston, TX ...... 29°45′26.8″ 95°21′37.8″ Los Angeles, CA ...... 34°03′15.0″ 18°14′31.3″ where Miami, FL ...... 25°46′38.6″ 80°11′31.2″ d is the distance to the radio horizon in kilo- New York, NY ...... 40°45′6.4″ 73°59′37.5″ meters ° ′ ″ ° ′ ″ Philadelphia, PA ...... 39 56 58.4 75 09 19.6 h is the height of the antenna center of radi- Pittsburgh, PA ...... 40°26′19.2″ 79°59′59.2″ San Francisco-Oakland, CA .. 37°46′38.7″ 122°24′43.9″ ation above ground level in meters ° ′ ″ ° ′ ″ Washington, DC ...... 38 53 51.4 77 00 31.9 [59 FR 59507, Nov. 17, 1994, as amended at 63 NOTE: Coordinates are referenced to North American FR 68946, Dec. 14, 1998, 70 FR 19309, Apr. 13, Datum 1983 (NAD 83). 2005] (2) Protection from intermodulation interference. Control transmitter loca- § 22.627 Effective radiated power lim- tions must be at least 1.6 kilometers (1 its. mile) from the main transmitter loca- The effective radiated power (ERP) of tions of all TV stations transmitting transmitters operating on the channels on TV channels separated by 2, 3, 4, 5, listed in § 22.621 must not exceed the 7, or 8 TV channels from the TV chan- limits in this section. nel containing the frequencies on (a) Maximum ERP. The ERP must not which the control station will trans- exceed the applicable limits in this mit. This requirement is intended to paragraph under any circumstances. reduce the likelihood of intermodula- Maximum tion interference. Frequency range (MHz) ERP (watts) (3) Co-channel protection from control transmitters with high antennas. This 470–512 ...... 1000 paragraph applies only to control 928–929 ...... 50 932–933 ...... 30 transmitters that utilize an antenna 941–942 ...... 600 height of more than 152 meters (500 952–960 ...... 150 feet) above average terrain. The distance between the location of such a (b) 470–512 MHz limits. The purpose of control transmitter and the applicable the rules in paragraphs (b)(1) through protected TV station location specified (b)(3) of this section is to reduce the in this paragraph must equal or exceed likelihood that interference to tele- the sum of the distance from the con- vision receiption from public mobile trol transmitter location to the radio operations on these channels will horizon in the direction of the specified occur. The protected TV station loca- location and 89 kilometers (55 miles— tions specified in this section are the representing the distance from the locations of record as of September main transmitter location of the TV 1974, and these do not change even station to its Grade B contour in the though the TV stations may have been direction of the control transmitter). subsequently relocated. The protected TV station locations in (1) Co-channel protection. The ERP of this paragraph are the locations of control transmitters must not exceed record as of September 1974, and these the limits in the tables in paragraphs do not change even though the TV sta- (b)(1)(ii) and (b)(1)(iii) of this section. tions may have been subsequently relo- The limits depend upon the height cated. above average terrain of the control (i) The protected TV station loca- transmitter antenna and the distance tions are as follows: between the control transmitter and

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the nearest protected TV station loca- nearest protected TV station location tion in paragraph (b)(1)(i) of this sec- listed in this paragraph. The protected tion. TV station locations are as follows (all (i) The protected TV station loca- coordinates are referenced to North tions are as follows (all coordinates are American Datum 1983 (NAD83)): referenced to North American Datum 1983 (NAD83)): Control trans- TV mitter fre- Protected TV station location channel Control trans- quency mitter frequency Protected TV station location range range 470–476 Hanover, NH, 43°42′30.3″ N. Lat. (15) 470–476 MHz.. Jacksonville, IL, 39°45′52.2″ N. Lat. MHz. 72°09′14.3″ W. Long.. 90°30′29.5″ W. Long. Madison, WI, 43°03′01.0″ N. Lat. (15) Mt. Pleasant, MI, 43°34′24.1″ N. Lat. 89°29′15.4″ W. Long.. 84°46′21.1″ W. Long. Champaign, IL, 40°04′11.1″ N. Lat. (15) 476–482 MHz .. Oxford, OH, 39°30′26.2″ N. Lat. 84°44′8.8″ 87°54′45.1″ W. Long.. 482–488 MHz .. W. Long. San Diego, CA, 32°41′48.2″ N. Lat. (15) 488–494 MHz .. Washington, DC, 38°57′17.4″ N. Lat. 116°56′13.1″ W. Long.. 494–500 MHz .. 77°00′15.9″ W. Long. Lancaster, PA, 40°15′45.3″ N. Lat. (15) 500–506 MHz .. Champaign, IL, 40°04′11.1″ N. Lat. 76°27′47.9″ W. Long.. 506–512 MHz .. 87°54′45.1″ W. Long. Parkersburg, WV, 39°20′50.3″ N. Lat. (15) Madison, WI, 43°03′01.0″ N. Lat. 81°33′55.5″ W. Long.. 89°29′15.4″ W. Long. 476–482 South Bend, IN, 41°36′26.2″ N. Lat. (16) Parkersburg, WV, 39°20′50.3″ N. Lat. MHz. 86°27′48.1″ W. Long.. 81°33′55.5″ W. Long. Pittsburgh, PA, 40°26′46.2″ N. Lat. (16) Fort Wayne, IN, 41°05′35.2″ N. Lat. 79°57′50.2″ W. Long.. 85°10′41.9″ W. Long. Mt. Pleasant, MI, 43°34′24.1″ N. Lat. (14) Lancaster, PA, 40°15′45.3″ N. Lat. 84°46′21.1″ W. Long.. 76°27′47.9″ W. Long. Scranton, PA, 41°10′58.3″ N. Lat. (16) South Bend, IN, 41°36′26.2″ N. Lat. 75°52′19.7″ W. Long.. 86°27′48.1″ W. Long. 482–488 Hanover, NH, 43°42′30.3″ N. Lat. (15) Philadelphia, PA, 40°02′30.4″ N. Lat. MHz. 72°09′14.3″ W. Long.. 75°14′22.6″ W. Long. Fort Wayne, IN, 41°05′35.2″ N. Lat. (15) None. 85°10′41.9″ W. Long.. Johnstown, PA, 40°19′47.3″ N. Lat. 488–494 Salisbury, MD, 38°24′15.4″ N. Lat. (16) 78°53′44.1″ W. Long. MHz. 75°34′43.7″ W. Long.. Washington, DC, 38°57′49.4″ N. Lat. 494–500 Philadelphia, PA, 40°02′30.4″ N. Lat. (17) 77°06′16.9″ W. Long. MHz. 75°14′22.6″ W. Long.. Waterbury, CT, 41°31′2.3″ N. Lat. 500–506 Washington, DC, 38°57′17.4″ N. Lat. (20) 73°00′58.4″ W. Long. MHz. 77°00′15.9″ W. Long.. 506–512 Harrisburg, PA, 40°20′44.3″ N. Lat. (21) ° ′ ″ (ii) Table E–3 and E–4 apply to con- MHz. 76 52 07.9 W. Long.. trol transmitters in the New York- (c) Los Angeles area. This paragraph Northeastern New Jersey and Cleve- applies only to control transmitters in land urban areas that transmit on the Los Angeles urban area that utilize channels in the 476–482 MHz range and an antenna height of 457 or more me- to control transmitters in the Detroit ters (1500 or more feet) above mean sea urban area that transmit on channels level. The ERP of such transmitters in the 482–488 MHz range. must not exceed the following limits: (iii) Tables E–5 and E–6 apply to all control transmitters except those to Antenna height ERP which Tables E–3 and E–4 apply. AMSL in meters (feet) (Watts) (2) Adjacent channel protection. The ERP of control transmitters must not 457 (1500) to 610 (2000) ...... 155 exceed the limits in Table E–7. The 611 (2001) to 762 (2500) ...... 100 763 (2501) to 914 (3000) ...... 70 limits depend upon the height above 915 (3001) to 1067 (3500) ...... 50 average terrain of the control trans- 1068 (3501) to 1219 (4000) ...... 40 mitter antenna and the distance be- 1220 (4001) to 1372 (4500) ...... 30 tween the control transmitter and the 1373 (4501) and above ...... 25

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

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

209 (130)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000

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

201 (125)...... 1000 1000 1000 1000 1000 1000 1000 850 750 725 193 (120)...... 1000 1000 1000 1000 900 750 675 600 550 500 185 (115)...... 1000 1000 800 725 600 525 475 425 375 350 177 (110)...... 850 700 600 500 425 375 325 300 275 225 169 (105)...... 600 475 400 325 275 250 225 200 175 150 161 (100)...... 400 325 275 225 175 150 140 125 110 100 153 (95)...... 275 225 175 125 110 95 80 70 60 50 145 (90) ...... 175 125 100 75 50 ...... See § 22.627(b)(1)(ii). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.

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

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

209 (130) ...... 1000 447 219 117 71 46 193 (120) ...... 500 209 95 50 30 19 177 (110)...... 225 91 35 19 11 8 161 (100)...... 100 30 10 5 3 2 153 (95) ...... 50 13 5 3 2 1 See § 22.627(b)(1)(ii). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.

TABLE E–5—MAXIMUM ERP (WATTS) FOR CONTROL TRANSMITTERS (HAAT 152 METERS OR LESS)

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

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

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

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

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

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

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

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

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

470–512 MHZ TRUNKED MOBILE paragraphs (c) through (f) of this sec- OPERATION tion is to reduce the likelihood that interference to television reception from § 22.651 470–512 MHz channels for public mobile operations on these trunked mobile operation. channels will occur. The protected TV The following channels are allocated station locations specified in para- for assignment to transmitters pro- graphs (d), (e)(1) and (f) of this section viding trunked public mobile service are the locations of record as of Sep- within the specified urban areas. All tember 1974, and these do not change channels have a bandwidth of 20 kHz even though the TV stations may have and are designated by their center fre- been subsequently relocated. quencies in MegaHertz. (a) Base transmitter locations. Base Houston transmitter locations must be within 488.0125 ...... 491.0125 488.0875 ...... 491.0875 80 kilometers (50 miles) of the des- 488.0375 ...... 491.0375 488.1125 ...... 491.1125 ignated locations in this paragraph. 488.0625 ...... 491.0625 488.1375 ...... 491.1375 Mobile transmitters must not be oper- New York-Northern New Jersey ated at locations more than 129 kilo- 473.0125 ...... 479.0125 473.1625 ...... 479.1625 meters (80 miles) from the designated 473.0375 ...... 479.0375 473.1875 ...... 479.1875 473.0625 ...... 479.0625 473.2125 ...... 479.2125 locations in this paragraph. Note: All 473.0875 ...... 479.0875 473.2375 ...... 479.2375 coordinates are referenced to North 473.1125 ...... 479.1125 473.2625 ...... 479.2625 American Datum 1983 (NAD83). 473.1375 ...... 479.1375 473.2875 ...... 479.2875 Urban area N. latitude W. longitude [59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, ° ′ ″ ° ′ ″ 1995] Houston, TX ...... 29 45 26.8 95 21 37.8 New York, NY-NE NJ ...... 40°45′06.4″ 73°59′37.5″

§ 22.653 Eligibility. (b) Mobile area of operation. Mobile Only licensees already authorized to transmitters must not be operated at provide trunked mobile service or their locations more than 48 kilometers (30 successors in interest are eligible to miles) from all associated base sta- apply for additional use of these chan- tions. nels for trunked mobile service, and (c) Protection from intermodulation in- then only in the urban areas already terference. Base transmitter locations authorized. must be at least 1.6 kilometers (1 mile) from the current main transmitter lo- § 22.657 Transmitter locations. cations of all TV stations transmitting The purpose of the rules in para- on TV channels separated by 2, 3, 4, 5, graphs (a) and (b) of this section is to 7, or 8 TV channels from the TV chan- define the areas in which the 470–512 nel containing the frequencies on MHz channels are allocated for public which the base station will transmit. mobile use. The purpose of the rules in This requirement is intended to reduce

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the likelihood of intermodulation in- (f) Co-channel protection from base terference. transmitters with high antennas. This (d) Adjacent channel protection from paragraph applies only to base trans- mobile transmitters. Base transmitter mitter locations in the New York- locations must be at least 145 kilo- Northeastern New Jersey urban area meters (90 miles) from the applicable that utilize an antenna height of more protected TV station locations speci- than 152 meters (500 feet) above average fied in this paragraph. This require- terrain. The distance between the loca- ment is intended to provide a 0 dB min- tion of such a base transmitter and the imum desired to undesired signal applicable protected TV station loca- strength ratio at the Grade B contour tion specified in this paragraph must of an adjacent channel TV station. equal or exceed the sum of the distance Note: All coordinates are referenced to from the base transmitter location to North American Datum 1983 (NAD83). the radio horizon in the direction of the specified location and 89 kilo- Control trans- meters (55 miles—representing the dis- mitter fre- Protected TV station location TV tance from the main transmitter loca- quency channel range tion of the TV station to its Grade B contour in the direction of the base 470–476 Lancaster, PA, 40°15′45.3″ N. Lat. (15) transmitter). The distance to the radio MHz. 76°27′47.9″ W. Long.. 476–482 Scranton, PA, 41°10′58.3″ N. Lat. (16) horizon is calculated as follows: MHz. 75°52′19.7″ W. Long.. dh=×17 (e) Co-channel protection from mobile transmitters. Base transmitter locations Where d is the distance to the radio horizon in kilometers h is the height of the an- must be at least the distance specified tenna center of radiation above ground in paragraph (e)(2) of this section from level in meters the applicable protected TV station locations specified in paragraph (e)(1) of NOTE: All coordinates are referenced to North American Datum 1983 (NAD83)): this section. This requirement is intended to provide a 40 dB minimum de- Control sired to undesired signal strength ratio transmitter frequency Protected TV station location at the Grade B contour of a co-channel range TV station. (1) The protected TV station loca- 470–476 Washington, DC, 38°57′17.4″ N. Lat. MHz. 77°00′15.9″ W. Long. tions are as follows (all coordinates are 476–482 Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ referenced to North American Datum MHz. W. Long. 1983 (NAD83)): (g) The FCC may waive specific dis- Control transmitter tance separation requirements of para- frequency Protected TV station location graphs (d) through (f) of this section if range the applicant submits an engineering 470–476 Washington, DC, 38°57′17.4″ N. Lat. analysis which demonstrates that ter- MHz. 77°00′15.9″ W. Long. rain effects and/or operation with less 476–482 Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ effective radiated power would satisfy MHz. W. Long. the applicable minimum desired to (2) The required minimum distance undesired signal strength ratios at the depends upon the effective radiated Grade B contours of the protected TV power (ERP) of the most powerful mo- stations. For this purpose, the Grade B bile transmitter(s) in the system: contour of a TV station is deemed to be a circle with a 89 kilometer (55 mile) Minimum distance radius, centered on the protected TV Mobile unit ERP (watts) Kilo- station location, and along which the meters Miles median TV signal field strength is 64 dBμV/m. In any showing intended to 60 ...... 193 (120) 50 ...... 185 (115) demonstrate compliance with the min- 25 ...... 177 (110) imum desired to undesired signal ratio 10 ...... 169 (105) requirements of this section, all pre- 5 ...... 161 (100) dicted field strengths must have been

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determined using the UHF TV propaga- (1) The protected TV station location curves contained in part 73 of this tions are as follows (all coordinates are chapter. referenced to North American Datum [59 FR 59507, Nov. 17, 1994, as amended at 63 1983 (NAD83)): FR 68947, Dec. 14, 1998] Control transmitter § 22.659 Effective radiated power lim- frequency Protected TV station location its. range The purpose of the rules in this sec- 470–476 Washington, DC, 38°57′17.4″ N. Lat. tion, which limit effective radiated MHz. 77°00′15.9″ W. Long. power (ERP), is to reduce the likeli- 476–482 Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ hood that interference to television re- MHz. W. Long. ception from public mobile operations (2) Tables E–8 and E–9 of this section on these channels will occur. The pro- apply to base transmitters in the New tected TV station locations specified in York-Northeastern New Jersey urban this section are the locations of record area that transmit on channels in the as of September 1974, and these do not 476–482 MHz range. change even though the TV stations may have been subsequently relocated. (3) Tables E–10 and E–11 of this sec- (a) Maximum ERP. The ERP of base tion apply to base transmitters in the transmitters must not exceed 100 Watts New York-Northeastern New Jersey under any circumstances. The ERP of urban area that transmit on channels mobile transmitters must not exceed 60 in the 470–476 MHz range. Watts under any circumstances. (c) Adjacent channel protection from (b) Co-channel protection from base base transmitters. The ERP of base transmitters. The ERP of base transmit- transmitters must not exceed the lim- ters in the New York-Northeastern its in Table E–12 of this section. The New Jersey urban area must not exceed limits depend upon the height above the limits in the tables referenced in average terrain of the base transmitter paragraphs (b)(2) and (b)(3) of this sec- antenna and the distance between the tion. The limits depend upon the base transmitter and the nearest pro- height above average terrain of the tected TV station location specified in base transmitter antenna and the dis- paragraph (c)(1) of this section. tance between the base transmitter (1) The protected TV station loca- and the nearest protected TV station tions are as follows (all coordinates are location in paragraph (b)(1) of this sec- referenced to North American Datum tion. 1983 (NAD83)):

Control transmitter frequency range Protected TV station location TV channel

470–476 MHz ...... Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long ...... (15) 476–482 MHz ...... Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long ...... (15) 482–488 MHz ...... Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long ...... (16) Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long ...... (15)

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

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

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

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

153 (95)...... 275 225 175 125 110 95 80 70 60 50 145 (90) ...... 175 125 100 75 50 ...... See § 22.659(b)(2). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.

TABLE E–9—MAXIMUM ERP (WATTS) FOR BASE TRANSMITTERS (HAAT MORE THAN 152 METERS)

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

209 (130) ...... 1000 447 219 117 71 46 193 (120) ...... 500 209 95 50 30 19 177 (110)...... 225 91 35 19 11 8 161 (100)...... 100 30 10 5 3 2 153 (95) ...... 50 13 5 3 2 1 See § 22.659(b)(2). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.

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

261 (162)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 257 (160)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 800 249 (155)...... 1000 1000 1000 1000 1000 875 775 700 625 575 241 (150)...... 1000 1000 950 775 725 625 550 500 450 400 233 (145)...... 850 750 650 575 500 440 400 350 320 300 225 (140)...... 600 575 465 400 350 300 275 250 230 225 217 (135)...... 450 400 335 300 255 240 200 185 165 150 209 (130)...... 350 300 245 200 185 160 145 125 120 100 201 (125)...... 225 200 170 150 125 110 100 90 80 75 193 (120)...... 175 150 125 105 90 80 70 60 55 50 See § 22.659(b)(3). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.

TABLE E–11—MAXIMUM ERP (WATTS) FOR BASE TRANSMITTERS (HAAT MORE THAN 152 METERS)

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

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

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

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

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

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

101 (63)...... 1000 1000 1000 1000 440 400 350 320 300 100 (62)...... 1000 1000 1000 525 375 250 200 150 125 98 (61)...... 1000 700 450 250 200 125 100 75 50 97 (60) ...... 1000 425 225 125 100 75 50 ...... See § 22.659(c)(2). This table applies to base transmitters in the New York-Northeastern New Jersey urban areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.

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

Subpart F—Rural Radiotelephone § 22.705 Rural radiotelephone system Service configuration. Stations in the Rural Radiotelephone § 22.701 Scope. Service are authorized to communicate The rules in this subpart govern the as follows: licensing and operation of stations and (a) Rural subscriber stations are au- systems in the Rural Radiotelephone thorized to communicate with and Service. The licensing and operation of through the central office station(s) these stations and systems is also sub- with which they are associated. How- ject to rules elsewhere in this part that ever, where the establishment of a cen- apply generally to the Public Mobile tral office station in this service is not Services. In case of conflict, however, feasible, rural subscriber stations may the rules in this subpart govern. be authorized to communicate with and through a base station in the Pag- § 22.702 Eligibility. ing and Radiotelephone Service. Existing and proposed communica- (b) Central office stations may com- tions common carriers are eligible to municate only with rural subscriber hold authorizations to operate conven- stations. tional central office, interoffice and (c) Interoffice stations may commu- rural stations in the Rural Radio- nicate only with other interoffice sta- telephone Service. Subscribers are also tions. eligible to hold authorizations to operate rural subscriber stations in the § 22.709 Rural radiotelephone service Rural Radiotelephone Service. application requirements. In addition to information required [69 FR 75170, Dec. 15, 2004] by Subparts B and D of this part, FCC § 22.703 Separate rural subscriber sta- Form 601 applications for authorization tion authorization not required. to operate a station in the Rural Ra- diotelephone Service must contain the A separate authorization is not re- applicable supplementary information quired for rural subscriber stations for described in this section. which the effective radiated power does (a) Interoffice stations. Applications not exceed 60 Watts and for which FAA for authority to operate a new inter- notification of construction or alter- office station or to add transmitters or ation of the antenna structure is not points of communications to an exist- required (see criteria in § 17.7 of this ing interoffice station must contain an chapter). Authority to operate such exhibit demonstrating that the re- rural subscriber stations is conferred quested facilities would be used only by the authorization of the central of- for interconnecting central office sta- fice or base station from which they re- tions and explaining why the use of al- ceive service. ternative existing radio or wire facilities is not feasible.

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(b) Technical information required. For interfering contour exceeds 76.4 kilo- each transmitter in the Rural Radio- meters (47.5 miles); and identify each telephone Service, the following infor- protected Basic Exchange Telephone mation is required by FCC Form 601: Radio System central office trans- (1) Location description: city; coun- mitter in the rural Radiotelephone ty; state; geographic coordinates cor- Service within 231 kilometers (144 rect to ±1 second, the datum used miles). (NAD83), site elevation above mean sea (2) For VHF channels, identify each level, proximity to adjacent market protected transmitter located within boundaries and international borders; 135 kilometers (84 miles) of the pro- (2) Antenna height to tip above posed transmitter in directions in ground level, the height of the center which the distance to the interfering of radiation of the antenna above the average terrain, the height of the an- contour is 93.3 kilometers (58 miles) or tenna center of radiation above the av- less, and within 178 kilometers (111 erage elevation of the terrain along miles) of the proposed transmitter in each of the 8 cardinal radials, antenna directions in which the distance to the gain in the maximum lobe, the beam- interfering contour exceeds 93.3 kilo- width of the maximum lobe of the an- meters (58 miles). tenna, a polar plot of the horizontal (3) For each protected transmitter gain pattern of the antenna, the elec- identified, show the results of distance tric field polarization of the wave emit- calculations indicating that there ted by the antenna when installed as would be no overlap of service and proposed; interfering contours, or alternatively, (3) The center frequency of each indicate that the licensee of or appli- channel requested, the maximum effec- cant for the protected transmitter and/ tive radiated power, the effective radi- or the applicant, as required, have ated power in each of the cardinal ra- agreed in writing to accept any inter- dial directions, any non-standard emis- ference resulting from operation of the sion types to be used, including band- proposed transmitter. width and modulation type, the trans- (e) Blocking probability. Applications mitter classification (e.g. central of- for authority to operate basic exchange fice), and the locations and call signs, telephone radio systems (BETRS) that if any, of any fixed points of commu- request more than two channel pairs nication. (c) No landline facilities. Each applica- must include an exhibit containing cal- tion for a central office station must culations showing that the number of contain an exhibit showing that it is channels requested is the minimum impracticable to provide the required necessary to achieve the required grade communication service by means of of service (in terms of blocking prob- landline facilities. ability), and that there will be ade- (d) Interference exhibit. Applications quate spectrum available in the area to for central office, interoffice and relay meet realistic estimates of current and stations must include an exhibit iden- future demand for paging, two-way mo- tifying co-channel facilities and dem- bile and rural radiotelephone services onstrating, in accordance with § 22.715 (see § 22.719(c)). Applications for au- that the proposed station, if author- thority to operate new conventional ized, would not cause interference to rural radiotelephone systems that re- the service of those co-channel facili- quest more than two channel pairs ties. This exhibit must: must include a statement explaining (1) For UHF channels, identify each why BETRS technology is not being protected transmitter located within proposed. 108 kilometers (67 miles) of the pro- (f) Antenna Information. Upon request posed transmitter in directions in by an applicant, licensee, or the Com- which the distance to the interfering mission, a part 22 applicant or licensee contour is 76.4 kilometers (47.5 miles) of whom the request is made shall fur- or less, and within 178 kilometers (111 miles) of the proposed transmitter in nish the antenna type, model, and the directions in which the distance to the name of the antenna manufacturer to

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the requesting party within ten (10) either service to be ‘‘cut off’’ (excluded days of receiving written notification. from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and [59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 63 FR 68948, Dec. 14, § 22.131(c)(4). 1998; 64 FR 53240, Oct. 1, 1999] [59 FR 59956, Nov. 21, 1994, as amended at 62 FR 11636, Mar. 12, 1997] § 22.711 Provision of information to applicants. § 22.719 Additional channel policy for Licensees in the Rural Radio Service rural radiotelephone stations. must, upon request by a bona-fide pro- The rules in this section govern the spective applicant, provide to such ap- processing of applications for central plicant the information required by office stations that request a rural ra- § 22.709 regarding the portion of the li- diotelephone channel pair when the ap- censee’s operations that potentially plicant has applied for or been granted could affect, or be affected by, the pro- an authorization for other rural radio- spective applicant’s proposed station, telephone channel pairs in the same if such information is not already on area. The general policy of the FCC is file with the FCC. This information to promote effective use of the spec- must be provided to the bona-fide pro- trum by encouraging the use of spec- spective applicant no later than 30 days trum-efficient technologies (i.e. after receipt of the information re- BETRS) and by assigning the minimum quest. number of channels necessary to pro- [59 FR 59954, Nov. 21, 1994] vide service. (a) Transmitters in same area. Any cen- § 22.713 Construction period for rural tral office station transmitter on any radiotelephone stations. channel pair listed in § 22.725 is consid- The construction period for stations ered to be in the same area as another in the Rural Radiotelephone Service is central office station transmitter on 12 months. any other channel pair listed in § 22.725 if the transmitting antennas are lo- § 22.715 Technical channel assignment cated within 10 kilometers (6.2 miles) criteria for rural radiotelephone of each other. stations. (b) Initial channel pairs. The FCC does Channels are assigned in the Rural not assign more than two channel pairs Radiotelephone Service using the pro- for new central office stations, unless cedures in § 22.567. there are more than eight rural subscriber stations to be served. Stations § 22.717 Procedure for mutually exclu- are considered to be new if there are no sive applications in the Rural Ra- authorized transmitters on any chan- diotelephone Service. nel listed in § 22.725 controlled by the Mutually exclusive applications in applicant in the same geographic area. the Rural Radiotelephone Service, in- (c) Additional channel pairs. Applica- cluding those that are mutually exclu- tions for central office station trans- sive with applications in the Paging mitters to be located in the same area and Radiotelephone Service, are proc- as an authorized central office station essed in accordance with § 22.131 and controlled by the applicant, but to op- with this section. erate on a different channel pair(s) are (a) Applications in the Rural Radio- considered as requests for additional telephone Service may be mutually ex- channel pair(s) for the authorized cen- clusive with applications in the Paging tral office station. The FCC may grant and Radiotelephone Service if they applications for additional channel seek authorization to operate facilities pairs provided that the need for each on the same channel in the same area, additional channel pair (after the first or the technical proposals are other- two) is established and fully justified wise in conflict. See § 22.567. in terms of achieving the required (b) A modification application in ei- grade of service (blocking probability), ther service filed on the earliest filing and the applicant demonstrates that date may cause all later-filed mutually there will still be adequate spectrum exclusive applications of any type in available in the area to meet realistic

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estimates of current and future de- in basic exchange telephone radio sys- mand for paging, two-way mobile and tems. These channels may be assigned rural radiotelephone services. In the for use by central office or rural sub- case of conventional rural radio- scriber stations as indicated, and inter- telephone central office stations, an office stations. These channels may be explanation must be provided as to assigned also for use by relay stations why BETRS technology is not being in systems where it would be imprac- used instead of additional channel tical to provide rural radiotelephone pairs. service without the use of relay stations. All channels have a bandwidth of CONVENTIONAL RURAL RADIOTELEPHONE 20 kHz and are designated by their cen- STATIONS ter frequencies in MegaHertz.

§ 22.721 Geographic area authoriza- Central Rural sub- Central Rural sub- tions. office scriber office scriber Eligible persons may apply for a paging geographic area authorization in VHF Channels the Rural Radiotelephone Service, on 152.03 ...... 158.49 152.57 ...... 157.83 the channel pairs listed in § 22.725, by 152.06 ...... 158.52 152.60 ...... 157.86 following the procedures and require- 152.09 ...... 158.55 152.63 ...... 157.89 ments set forth in § 22.503 for paging ge- 152.12 ...... 158.58 152.66 ...... 157.92 ographic area authorizations. 152.15 ...... 158.61 152.69 ...... 157.95 152.18 ...... 158.64 152.72 ...... 157.98 [62 FR 11636, Mar. 12, 1997] 152.21 ...... 158.67 152.75 ...... 158.01 152.51 ...... 157.77 152.78 ...... 158.04 § 22.723 Secondary site-by-site author- 152.54 ...... 157.80 152.81 ...... 158.07 izations. Authorizations for new facilities (in- UHF Channels cluding new sites and additional chan- 454.025 ...... 459.025 454.350 ...... 459.350 nel pairs for existing sites) in the Rural 454.050 ...... 459.050 454.375 ...... 459.375 Radiotelephone Service (including 454.075 ...... 459.075 454.400 ...... 459.400 BETRS facilities) may be granted after 454.100 ...... 459.100 454.425 ...... 459.425 May 12, 1997 only on the condition that 454.125 ...... 459.125 454.450 ...... 459.450 such authorizations shall be secondary 454.150 ...... 459.150 454.475 ...... 459.475 to any existing or future co-channel 454.175 ...... 459.175 454.500 ...... 459.500 paging geographic area authorization 454.200 ...... 459.200 454.525 ...... 459.525 454.225 ...... 459.225 454.550 ...... 459.550 in the Paging and Radiotelephone 454.250 ...... 459.250 454.575 ...... 459.575 Service or the Rural Radiotelephone 454.275 ...... 459.275 454.600 ...... 459.600 Service. If the paging geographic area 454.300 ...... 459.300 454.625 ...... 459.625 licensee notifies the Rural Radio- 454.325 ...... 459.325 454.650 ...... 459.650 telephone Service licensee that operation of a co-channel secondary facil- (a) The channels listed in this section ity must be discontinued because it are also allocated for assignment in the may cause interference to existing or Paging and Radiotelephone Service. planned facilities, the Rural Radio- (b) In Puerto Rico and the Virgin Is- telephone Service licensee must dis- lands, channels in the 154.04–154.46 MHz continue operation of that facility on and 161.40–161.85 MHz frequency ranges the particular channel pair involved no may be assigned to transmitters pro- later than six months after such no- viding rural radiotelephone service; tice. channels in these ranges are also allocated for assignment in the Inter- [62 FR 11636, Mar. 12, 1997] national Fixed Public and Aero- § 22.725 Channels for conventional nautical Fixed radio services. rural radiotelephone stations and [59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, basic exchange telephone radio sys- 1995, as amended at 70 FR 19309, Apr. 13, 2005] tems. The following channels are allocated § 22.727 Power limits for conventional for paired assignment to transmitters rural radiotelephone transmitters. that provide conventional rural radio- The transmitting power of transmit- telephone service and to transmitters ters operating on the channels listed in

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§ 22.725 must not exceed the limits in § 22.731 Emission limitations. this section. (a) Maximum ERP. The effective radi- Upon application for multichannel ated power (ERP) of central office and operation, the FCC may authorize rural subscriber station transmitters emission bandwidths wider than those must not exceed the applicable limits specified in § 22.357, provided that spec- in this paragraph under any cir- trum utilization is equal to or better cumstances. than that achieved by single channel operation. Frequency range (MHz) Maximum ERP (watts) § 22.733 Priority of service. 152–153 ...... 1400 Within the Rural Radiotelephone 157–159 ...... 150 454–455 ...... 3500 Service, the channels listed in § 22.725 459–460 ...... 150 are intended primarily for use in rendition of public message service be- (b) Basic power limit. Except as pro- tween rural subscriber and central of- vided in paragraph (d) of this section, fice stations and to provide radio the ERP of central office station trans- trunking facilities between central of- mitters must not exceed 500 Watts. fices. The channels may also be used, (c) Height-power limits. Except as pro- however, for the rendition of private vided in paragraph (d) of this section, leased-line communication service pro- the ERP of central office station trans- vided that such usage would not reduce mitters must not exceed the amount or impair the extent or quality of com- that would result in an average dis- munication service that would be tance to the ‘‘service contour’’ of 41.6 available, in the absence of private kilometers (26 miles) for VHF channels leased-line service, to the general pub- or 30.7 kilometers (19 miles) for UHF lic receiving or subsequently request- channels. The average distance to the ing public message service from a cen- ‘‘service contour’’ is calculated by taking the arithmetic mean of the dis- tral office. tances determined using the procedures § 22.737 Temporary fixed stations. specified in § 22.567 for the eight cardinal radial directions, excluding car- The FCC may, upon proper applica- dinal radial directions for which 90% or tion therefor, authorize the construc- more of the distance so calculated is tion and operation of temporary fixed over water. stations. Temporary fixed stations are (d) Encompassed interfering contour to be used as rural subscriber, inter- areas. Central office station transmit- office, or central office stations when ters are exempt from the basic power those stations are unavailable or when and height-power limits of this section service from those stations is disrupted if the area within their interfering con- by storms or emergencies. tours is totally encompassed by the (a) Six month limitation. If it is nec- interfering contours of operating co- essary for a temporary fixed station to channel central office station trans- remain at the same location for more mitters controlled by the same li- than six months, the licensee of that censee. For the purpose of this para- station must apply for authorization to graph, operating transmitters are au- operate the station at the specific loca- thorized transmitters that are pro- tion at least 30 days before the end of viding service to subscribers. the six month period. (e) Adjacent channel protection. The (b) International communications. ERP of central office station transmit- Communications between the United ters must not exceed 500 Watts if they States and Canada or Mexico must not transmit on channel 454.025 MHz and be carried using a temporary fixed sta- are located less than 7 kilometers (4.3 tion without prior authorization from miles) from any Private Radio Services the FCC. Licensees desiring to carry station receiving on adjacent channel such communications should apply suf- 454.000 MHz. ficiently in advance to allow for the [59 FR 59507, Nov. 17, 1994, as amended at 70 time necessary to coordinate with Can- FR 19309, Apr. 13, 2005] ada or Mexico.

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BASIC EXCHANGE TELEPHONE RADIO GENERAL AVIATION AIR-GROUND SYSTEMS STATIONS

§ 22.757 Channels for basic exchange § 22.805 Channels for general aviation telephone radio systems. air-ground service. The channels listed in § 22.725 are also The following channels are allocated allocated for paired assignment to for the provision of radiotelephone transmitters in basic exchange tele- service to airborne mobile subscribers phone radio systems. in general aviation aircraft. These channels have a bandwidth of 20 kHz [70 FR 19309, Apr. 13, 2005] and are designated by their center frequencies in MegaHertz. § 22.759 Power limit for BETRS. The effective radiated power of cen- SIGNALLING CHANNEL PAIR tral office and rural subscriber station transmitters used in basic exchange Ground Airborne mobile telephone radio systems must not ex- 454.675 459.675 ceed the limits in this section. (a) Maximum ERP. The effective radi- COMMUNICATION CHANNEL PAIRS ated power (ERP) of central office and rural subscriber station transmitters Ground Airborne mobile in BETRS must not exceed the applica- 454.700 459.700 ble limits in this paragraph under any 454.725 459.725 circumstances. 454.750 459.750 454.775 459.775 Maximum 454.800 459.800 Frequency range (MHz) ERP (watts) 454.825 459.825 454.850 459.850 152–153 ...... 1400 454.875 459.875 157–159 ...... 150 454.900 459.900 454–455 ...... 3500 454.925 459.925 459–460 ...... 150 454.950 459.950 454.975 459.975 (b) Height-power limit. The ERP of central office stations in BETRS must (a) Channel 454.675 MHz is assigned to not exceed the amount calculated as each and every ground station, to be follows: used only for automatically alerting airborne mobile stations of incoming ERPw = 557,418 ÷ hm2 calls. (b) All airborne mobile channels are where ERPw is the effective radiated power in Watts assigned for use by each and every airborne mobile station. hm is the average (eight cardinal radial) antenna height above average terrain in meters § 22.807 General aviation air-ground application requirements. Subpart G—Air-Ground In addition to the information re- Radiotelephone Service quired by subparts B and D of this part, FCC Form 601 applications for author- § 22.801 Scope. ization to operate a general aviation air-ground station must contain the The rules in this subpart govern the applicable supplementary information licensing and operation of air-ground described in this section. stations and systems. The licensing (a) Administrative information. The fol- and operation of these stations and lowing information is required by FCC systems is also subject to rules else- Form 601. where in this part and in part 1 of this (1) The number of transmitter sites chapter that generally apply to the for which authorization is requested. Public Mobile Services. In case of con- (2) The call sign(s) of other facilities flict, however, the rules in this subpart in the same area that are ultimately govern. controlled by the real party in interest [70 FR 19309, Apr. 13, 2005] to the application.

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(b) Technical information required. For communication channel pair to a pro- each transmitter in the Rural Radio- posed ground transmitter only if the telephone Service, the following infor- proposed antenna location is at least mation is required by FCC Form 601: 800 kilometers (497 miles) from the an- (1) Location description, city, coun- tenna location of the nearest co-chan- ty, state, geographic coordinates nel ground transmitter in the United (NAD83) correct to ±1 second, site ele- States, its territories and possessions; vation above mean sea level, proximity and 1000 kilometers (621 miles) from to adjacent market boundaries and the antenna location of the nearest co- international borders; channel ground transmitter in Canada. (2) Antenna height to tip above (b) Dispersion. The FCC may grant an ground level, antenna gain in the max- application requesting assignment of a imum lobe, the electric field polariza- communication channel pair to a pro- tion of the wave emitted by the an- posed ground transmitter only if there tenna when installed as proposed; are no more than five different commu- (3) The center frequency of each nication channel pairs already assigned channel requested, the maximum effec- to ground transmitters with antenna tive radiated power, any non-standard locations within a 320 kilometer (199 emission types to be used, including mile) radius of the proposed antenna bandwidth and modulation type and location. the transmitter classification (e.g. ground or signaling). § 22.815 Construction period for general aviation ground stations. [59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 63 FR 68948, Dec. 14, The construction period (see § 1.946 of 1998; 64 FR 53240, Oct. 1, 1999. Redesignated this chapter) for general aviation and amended at 70 FR 19309, Apr. 13, 2005] ground stations is 12 months. § 22.809 Transmitting power limits. [70 FR 19310, Apr. 13, 2005] The transmitting power of ground § 22.817 Additional channel policies. and airborne mobile transmitters operating on the channels listed in § 22.805 The rules in this section govern the must not exceed the limits in this sec- processing of applications for authority tion. to operate a ground station trans- (a) Ground station transmitters. The ef- mitter on any ground station commu- fective radiated power of ground sta- nication channel listed in § 22.805 when tions must not exceed 100 Watts and the applicant has applied or been must not be less than 50 Watts, except granted an authorization for other as provided in § 22.811. ground station communication chan- (b) Airborne mobile transmitters. The nels in the same area. The general pol- transmitter power output of airborne icy of the FCC is to assign one ground mobile transmitters must not exceed 25 station communication channel in an Watts and must not be less than 4 area to a carrier per application cycle, Watts. up to a maximum of six ground station communication channels per area. § 22.813 Technical channel pair assign- That is, a carrier must apply for one ment criteria. ground station communication chan- The rules in this section establish nel, receive the authorization, con- technical assignment criteria for the struct the station, and notify the FCC channel pairs listed in § 22.805. These of commencement of service before ap- criteria are intended to provide sub- plying for an additional ground station stantial service volumes over areas communication channel in that area. that have significant local and regional (a) Air-ground transmitters in same general aviation activity, while main- area. Any transmitter on any of the taining the continuous nationwide in- ground station channels listed in route coverage of the original geo- § 22.805 is considered to be in the same graphical layout. area as another transmitter on any (a) Distance separation for co-channel ground station channel listed in § 22.805 ground stations. The FCC may grant an if it is located less than 350 kilometers application requesting assignment of a (217 miles) from that transmitter.

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(b) Initial channel. The FCC will not COMMERCIAL AVIATION AIR-GROUND assign more than one ground station SYSTEMS communication channel for new ground stations. Ground stations are consid- § 22.853 Eligibility to hold interest in ered to be new if there are no author- licenses limited to 3 MHz of spec- ized ground station transmitters on trum. any channel listed in § 22.805 controlled No individual or entity may hold, di- by the applicant in the same area. rectly or indirectly, a controlling in- (c) Additional channel. Applications terest in licenses authorizing the use of for ground transmitters to be located more than three megahertz of spec- in the same area as an authorized trum (either shared or exclusive) in the ground station controlled by the appli- 800 MHz commercial aviation Air- cant, but to operate on a different Ground Radiotelephone Service fre- ground station communication chan- quency bands (see § 22.857). Individuals nel, are considered as requesting an ad- and entities with either de jure or de ditional channel for the authorized sta- facto control of a licensee in these tion. bands will be considered to have a con- (d) Amendment of pending application. trolling interest in its license(s). For If the FCC receives and accepts for fil- purposes of this rule, the definitions of ing an application for a ground station ‘‘controlling interests’’ and ‘‘affiliate’’ transmitter to be located in the same set forth in paragraphs (c)(2) and (c)(5) area as a ground station transmitter of § 1.2110 of this chapter shall apply. proposed in a pending application pre- [70 FR 19310, Apr. 13, 2005] viously filed by the applicant, but on a different ground station communica- § 22.857 Channel plan for commercial tion channel, the subsequent applica- aviation air-ground systems. tion is treated as a major amendment The 849–851 MHz and 894–896 MHz fre- to change the technical proposal of the quency bands are designated for paired prior application. The filing date of nationwide exclusive assignment to the any application so amended is the date licensee or licensees of systems pro- the FCC received the subsequent appli- viding radio telecommunications serv- cation. ice, including voice and/or data service, (e) Dismissal of premature applications to persons on board aircraft. Air- for additional channel. If the FCC re- ground systems operating in these fre- ceives an application requesting an ad- quency bands are referred to in this ditional ground station communication part as ‘‘commercial aviation’’ sys- channel for an authorized ground sta- tems. tion prior to receiving notification [70 FR 19310, Apr. 13, 2005] that the station is providing service to subscribers on the authorized chan- § 22.859 Incumbent commercial avia- nel(s), the FCC may dismiss that appli- tion air-ground systems. cation without prejudice. This section contains rules con- (f) Dismissal of applications for seventh cerning continued operation of com- channel. If the FCC receives an applica- mercial aviation air-ground systems tion requesting an additional ground that were originally authorized prior station communication channel for an to January 1, 2004 to provide radio- authorized ground station which telephone service using narrowband (6 would, if granted, result in that station kHz) channels, and that have been pro- being assigned more than six ground viding service continuously since the station communication channels in the original commencement of service same area, the FCC may dismiss that (hereinafter ‘‘incumbent systems’’). application without prejudice. (a) An incumbent system may continue to operate under its authorization, for the remaining term of such authorization, subject to the terms and conditions attached thereto. Wherever

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such technical and operational condi- width of the signal between two points, tions differ from technical and oper- one below the carrier center frequency ational rules in this subpart, those con- and one above the carrier center fre- ditions shall govern its operations. quency, outside of which all emissions (b) Notwithstanding any other provi- are attenuated at least 26 dB below the sion in this chapter, the licensee of an transmitter power. incumbent system shall not be entitled (c) Alternative out of band emission to an expectation of renewal of said au- limit. The licensee(s) of commercial thorization. aviation air-ground systems, together (c) During the period that an incumbent system continues to operate and with affected licensees of Cellular Ra- provide service pursuant to paragraph diotelephone Service systems oper- (a) of this section, air-ground systems ating in the spectrum immediately of licensees holding a new authoriza- below and adjacent to the commercial tion for the spectrum within which the aviation air-ground bands, may estab- incumbent system operates must not lish an alternative out of band emis- cause interference to the incumbent sion limit to be used at the 849 MHz system. Protection from interference and 894 MHz band edge(s) in specified requires that the signals of the new geographical areas, in lieu of that set systems must not exceed a ground sta- forth in this section, pursuant to a pri- tion received power of ¥130 dBm with- vate contractual arrangement of all af- in a 6 kHz receive bandwidth, cal- fected licensees and applicants. In this culated assuming a 0 dBi vertically po- event, each party to such contract larized receive antenna. shall maintain a copy of the contract [70 FR 19310, Apr. 13, 2005] in their station files and disclose it to prospective assignees or transferees § 22.861 Emission limitations. and, upon request, to the FCC. The rules in this section govern the (d) Interference caused by out of band spectral characteristics of emissions emissions. If any emission from a trans- for commercial aviation systems in the mitter operating in this service results Air-Ground Radiotelephone Service. in interference to users of another Commercial aviation air-ground sys- radio service, the FCC may require a tems may use any type of emission or greater attenuation of that emission technology that complies with the than specified in this section. technical rules in this subpart. (a) Out of band emissions. The power [70 FR 19310, Apr. 13, 2005] of any emission outside of the authorized operating frequency ranges must § 22.863 Frequency stability. be attenuated below the transmitting The frequency stability of equipment power (P) by a factor of at least 43 + 10 used under this subpart shall be suffi- log (P) dB. cient to ensure that, after accounting (b) Measurement procedure. Compli- for Doppler frequency shifts, the occu- ance with these rules is based on the pied bandwidth of the fundamental use of measurement instrumentation employing a resolution bandwidth of emissions remains within the author- 100 kHz or greater. In the 1 MHz bands ized frequency bands of operation. immediately outside and adjacent to [70 FR 19310, Apr. 13, 2005] the frequency block a resolution bandwidth of at least one percent of the § 22.867 Effective radiated power lim- emission bandwidth of the fundamental its. emission of the transmitter may be The effective radiated power (ERP) of employed. A narrower resolution band- ground and airborne stations operating width is permitted in all cases to im- on the frequency ranges listed in prove measurement accuracy provided § 22.857 must not exceed the limits in the measured power is integrated over this section. the full required measurement bandwidth (i.e., 100 kHz or 1 percent of emis- (a) The peak ERP of airborne mobile sion bandwidth, as specified). The station transmitters must not exceed emission bandwidth is defined as the 12 Watts.

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(b) The peak ERP of ground station § 22.970 which is applicable to Cellular transmitters must not exceed 500 Radiotelephone Service systems. Watts. [70 FR 19311, Apr. 13, 2005] [70 FR 19310, Apr. 13, 2005] § 22.878 Obligation to abate unaccept- § 22.873 Construction requirements for able interference. commercial aviation air-ground sys- This section applies only to commer- tems. cial aviation ground stations transmit- Licensees authorized to use more ting in the 849–851 MHz band, other than one megahertz (1 MHz) of the 800 than commercial aviation ground sta- MHz commercial aviation air-ground tions operating under the authority of spectrum allocation (see § 22.857) must a license originally granted prior to make a showing of ‘‘substantial serv- January 1, 2004. ice’’ as set forth in this section. Fail- (a) Strict responsibility. Any licensee ure by any such licensee to meet this who, knowingly or unknowingly, di- requirement will result in forfeiture of rectly or indirectly, causes or contrib- the license and the licensee will be in- utes to causing unacceptable inter- eligible to regain it. Licensees author- ference to a non-cellular part 90 li- ized to use one megahertz or less of the censee in the 800 MHz band, as defined 800 MHz commercial aviation air- in § 22.877, shall be strictly accountable ground spectrum allocation are not to abate the interference, with full co- subject to the requirements in this sec- operation and utmost diligence, in the tion. shortest time practicable. Interfering (a) ‘‘Substantial service’’ is defined licensees shall consider all feasible in- as service that is sound, favorable, and terference abatement measures, includ- substantially above a level of mediocre ing, but not limited to, the remedies service that just might minimally war- specified in the interference resolution rant renewal. procedures set forth in § 22.879. This (b) Each commercial aviation air- strict responsibility obligation applies ground system subject to the require- to all forms of interference, including ments of this section must dem- out-of-band emissions and intermodu- onstrate substantial service within 5 lation. years after grant of the authorization. (b) Joint and Several responsibility. If Substantial service may be dem- two or more licensees, whether in the onstrated by, but is not limited to, ei- commercial aviation air-ground radio- ther of the following ‘‘safe harbor’’ pro- telephone service or in the Cellular Ra- visions: diotelephone Service (see § 22.971), (1) Construction and operation of 20 knowingly or unknowingly, directly or ground stations, with at least one indirectly, cause or contribute to caus- ground station located in each of the 10 ing unacceptable interference to a non- Federal Aviation Administration re- cellular part 90 licensee in the 800 MHz gions; or, band, as defined in § 22.877, such licens- (2) Provision of service to the air- ees shall be jointly and severally re- space of 25 of the 50 busiest airports (as sponsible for abating interference, with measured by annual passenger full cooperation and utmost diligence, boardings). in the shortest practicable time. [70 FR 19310, Apr. 13, 2005] (1) This joint and several responsibility rule requires interfering licens- § 22.877 Unacceptable interference to ees to consider all feasible interference part 90 non-cellular 800 MHz licens- abatement measures, including, but ees from commercial aviation air- not limited to, the remedies specified ground systems. in the interference resolution proce- The definition of unacceptable inter- dures set forth in § 22.879(c). This joint ference to non-cellular part 90 licensees and several responsibility rule applies in the 800 MHz band from commercial to all forms of interference, including aviation air-ground systems is the out-of-band emissions and intermodu- same as the definition set forth in lation.

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(2) Any licensee that can show that analysis must be completed and correc- its signal does not directly or indi- tive action initiated within 48 hours of rectly cause or contribute to causing the initial complaint from a part 90 unacceptable interference to a non-cel- public safety/CII licensee. This re- lular part 90 licensee in the 800 MHz sponse time may be extended to 96 band, as defined in § 22.877, shall not be hours after the initial complaint from held responsible for resolving unac- other part 90 non-cellular licensees pro- ceptable interference. Notwith- vided affected communications on standing, any licensee that receives an these systems are not safety related. interference complaint from a public Corrective action may be delayed if the safety/CII licensee shall respond to affected licensee agrees in writing such complaint consistent with the in- (which may be, but is not required to terference resolution procedures set be, recorded via e-mail or other elec- forth in § 22.879. tronic means) to a longer period. [70 FR 19411, Apr. 13, 2005] (c) Mitigation steps. Any commercial aviation air-ground system that is re- § 22.879 Interference resolution proce- sponsible for causing unacceptable in- dures. terference to non-cellular part 90 li- This section applies only to commer- censees in the 800 MHz band shall take cial aviation ground stations transmit- affirmative measures to resolve such ting in the 849–851 MHz band, other interference. than commercial aviation ground sta- (1) Commercial aviation air-ground tions operating under the authority of system licensees found to contribute to a license originally granted prior to unacceptable interference, as defined January 1, 2004. in § 22.877, shall resolve such inter- (a) Initial notification. Commercial ference in the shortest time prac- aviation air-ground system licensees ticable. Commercial aviation air- may receive initial notification of in- ground system licensees must provide terference from non-cellular part 90 li- all necessary test apparatus and tech- censees in the 800 MHz band pursuant nical personnel skilled in the operation to § 90.674(a) of this chapter. of such equipment as may be necessary (1) Commercial aviation air-ground to determine the most appropriate system licensees shall join with part 90 means of timely eliminating the inter- ESMR licensees and Cellular Radio- ference. However, the means whereby telephone Service licensees in utilizing interference is abated or the technical an electronic means of receiving the parameters that may need to be ad- initial notification described in justed is left to the discretion of the § 90.674(a) of this chapter. See § 22.972. commercial aviation air-ground system (2) Commercial aviation air-ground licensee, whose affirmative measures system licensees must respond to the may include, but not be limited to, the initial notification described in following techniques: § 90.674(a) of this chapter as soon as (i) Increasing the desired power of possible and no later than 24 hours the public safety/CII signal; after receipt of notification from a part (ii) Decreasing the power of the com- 90 public safety/CII licensee. This re- mercial aviation air-ground system sponse time may be extended to 48 signal; hours after receipt from other part 90 (iii) Modifying the commercial avia- non-cellular licensees provided affected tion air-ground system antenna height; communications on these systems are (iv) Modifying the commercial avia- not safety related. tion air-ground system antenna char- (b) Interference analysis. Commercial acteristics; aviation air-ground system licensees— (v) Incorporating filters into the who receive an initial notification de- commercial aviation air-ground system scribed in § 90.674(a) of this chapter— transmission equipment; shall perform a timely analysis of the (vi) Changing commercial aviation interference to identify the possible air-ground system frequencies; and source. Immediate on-site visits may (vii) Supplying interference-resistant be conducted when necessary to com- receivers to the affected public safety/ plete timely analysis. Interference CII licensee(s). If this technique is

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used, in all circumstances, commercial that they wish to receive prior notifi- aviation air-ground system licensees cation of the activation or modifica- shall be responsible for all costs there- tion of a commercial aviation air- of. ground system ground station site in (2) Whenever short-term interference their area. Thereafter, the commercial abatement measures prove inadequate, aviation air-ground system licensee the affected part 90 non-cellular li- must provide the following information censee shall, consistent with but not to the public safety/CII licensee at compromising safety, make all nec- least 10 business days before a new essary concessions to accepting inter- ground station is activated or an exist- ference until a longer-term remedy can ing ground station is modified: be implemented. (1) Location; (3) When a part 90 public safety li- (2) Effective radiated power; censee determines that a continuing (3) Antenna manufacturer, model presence of interference constitutes a number, height above ground level and clear and imminent danger to life or up tilt angle, as installed; property, the licensee causing the in- (4) Channels available for use. terference must discontinue the associ- (b) Purpose of prior notification. The ated operation immediately, until a prior notification of ground station ac- remedy can be identified and applied. tivation or modification is for informa- The determination that a continuing tional purposes only: public safety/CII presence exists that constitutes a clear licensees are not afforded the right to and imminent danger to life or prop- accept or reject the activation of a pro- erty, must be made by written state- posed ground station or to unilaterally ment that: require changes in its operating param- (i) Is in the form of a declaration, no- eters. The principal purposes of prior tarized affidavit, or statement under notification are to: penalty or perjury, from an officer or (1) Allow a public safety licensee to executive of the affected public safety advise the commercial aviation air- licensee; ground system licensee whether it be- (ii) Thoroughly describes the basis of lieves a proposed ground station will the claim of clear and imminent dan- generate unacceptable interference; ger; (2) Permit commercial aviation air- (iii) Was formulated on the basis of ground system licensee(s) to make vol- either personal knowledge or belief untary changes in ground station pa- after due diligence; rameters when a public safety licensee (iv) Is not proffered by a contractor alerts them to possible interference; or other third party; and, and (v) Has been approved by the Chief of (3) Rapidly identify the source if in- the Public Safety and Homeland Secu- terference is encountered when the rity Bureau or other designated Com- ground station is activated. mission official. Prior to the authorized official making a determination [70 FR 19312, Apr. 13, 2005] that a clear and imminent danger exists, the associated written statement § 22.881 Air-Ground Radiotelephone must be served by hand-delivery or Service subject to competitive bid- receipted fax on the applicable offend- ding. ing licensee, with a copy transmitted Mutually exclusive initial applica- by the fastest available means to the tions for general aviation Air-Ground Washington, DC office of the Commis- Radiotelephone Service licenses and sion’s Public Safety and Homeland Se- mutually exclusive initial applications curity Bureau. for commercial Air-Ground Radio- telephone Service licenses are subject [70 FR 19311, Apr. 13, 2005, as amended at 71 FR 69038, Nov. 29, 2006] to competitive bidding. The general competitive bidding procedures set § 22.880 Information exchange. forth in part 1, subpart Q, of this chapter will apply unless otherwise pro- (a) Prior notification. Public safety/CII vided in this subpart. licensees may notify a commercial aviation air-ground system licensee [70 FR 76417, Dec. 27, 2005]

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§ 22.882 Designated entities. must provide either mobile service, (a) Eligibility for small business pro- fixed service, or a combination of mo- visions in the commercial Air-Ground bile and fixed service, subject to the re- Radiotelephone Service. quirements, limitations and exceptions (1) A small business is an entity that, in this section. Mobile service provided together with its affiliates, its control- may be of any type, including two-way ling interests and the affiliates of its radiotelephone, dispatch, one-way or controlling interests, has average gross two-way paging, and personal commu- revenues that are not more than $40 nications services (as defined in part 24 million for the preceding three years. of this chapter). Fixed service is con- (2) A very small business is an entity sidered to be primary service, as is mo- that, together with its affiliates, its bile service. When both mobile and controlling interests and the affiliates fixed services are provided, they are of its controlling interests, has average considered to be co-primary services. gross revenues that are not more than In providing Cellular service, each Cel- $15 million for the preceding three lular system may incorporate any years. technology that meets all applicable (b) Bidding credits in the commercial technical requirements in this part. Air-Ground Radiotelephone Service. [79 FR 72151, Dec. 5, 2014] (1) A winning bidder that qualifies as a small business, as defined in this sec- § 22.905 Channels for cellular service. tion, or a consortium of small businesses may use a bidding credit of 15 The following frequency bands are al- percent, as specified in § 1.2110(f)(2)(iii) located for assignment to service proof this chapter, to lower the cost of its viders in the Cellular Radiotelephone winning bid on a commercial Air- Service. Ground Radiotelephone Service li- (a) Channel Block A: 869–880 MHz cense. paired with 824–835 MHz, and 890–891.5 (2) A winning bidder that qualifies as MHz paired with 845–846.5 MHz. a very small business, as defined in this (b) Channel Block B: 880–890 MHz section, or a consortium of very small paired with 835–845 MHz, and 891.5–894 businesses may use a bidding credit of MHz paired with 846.5–849 MHz. 25 percent, as specified in [67 FR 77191, Dec. 17, 2002] § 1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid on a com- § 22.907 Coordination of channel mercial Air-Ground Radiotelephone usage. Service license. Licensees in the Cellular Radio- [70 FR 76417, Dec. 27, 2005] telephone Service must coordinate, with the appropriate parties, channel Subpart H—Cellular usage at each transmitter location Radiotelephone Service within 121 kilometers (75 miles) of any transmitter locations authorized to § 22.900 Scope. other licensees or proposed by other The rules in this subpart govern the applicants, except those with mutually licensing and operation of cellular ra- exclusive applications. Licensees uti- diotelephone systems. Licensing and lizing systems employing a frequency operation of these systems are also re-use factor of 1 (universal re-use) are subject to rules elsewhere in this part exempt from this requirement. that apply generally to the Public Mo- (a) Licensees must cooperate and bile Services. In case of conflict, how- make reasonable efforts to resolve ever, the rules in this subpart govern. technical problems that may inhibit effective and efficient use of the cellular § 22.901 Cellular service requirements radio spectrum; however, licensees are and limitations. not obligated to suggest extensive The licensee of each Cellular system changes to or redesign other licensees’ is responsible for ensuring that its Cel- cellular systems. Licensees must make lular system operates in compliance reasonable efforts to avoid blocking with this section. Each Cellular system the growth of other cellular systems

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that are likely to need additional ca- (PSD) at cell sites within their licensed pacity in the future. geographic area are subject to para- (b) If technical problems are ad- graph (c) of this section; all other li- dressed by an agreement or operating censees are subject to paragraph (a) agreement between the licensees that (or, as applicable, paragraph (b)) of this would result in a reduction of quality section. If the calculation under para- or capacity of either system, the li- graph (a), (b), or (c) of this section (as censees must notify the Commission by applicable) yields an SAB extension updating FCC Form 601. comprising at least 130 contiguous [59 FR 59507, Nov. 17, 1994, as amended at 63 square kilometers (50 contiguous FR 68951, Dec. 14, 1998; 82 FR 17582, Apr. 12, square miles), the licensee must sub- 2017] mit an application for major modification of the CGSA using FCC Form 601. § 22.909 Cellular markets. See also §§ 22.912, 22.949, and 22.953. Cellular Market Areas (CMAs) are (a) CGSA determination (non-PSD). For standard geographic areas used by the the purpose of calculating the SABs for FCC for administrative convenience in cell sites and determining CGSA ex- the licensing of Cellular systems. pansion areas for Cellular base stations CMAs comprise Metropolitan Statis- that do not operate using PSD (as per- tical Areas (MSAs) and Rural Service mitted under § 22.913), the distance to Areas (RSAs). All CMAs and the coun- the SAB is calculated as a function of ties they comprise are listed in: ‘‘Com- effective radiated power (ERP) and an- mon Carrier Public Mobile Services In- tenna center of radiation height above formation, Cellular MSA/RSA Markets average terrain (HAAT), height above and Counties,’’ Public Notice, Rep. No. sea level (HASL), or height above mean CL–92–40, 7 FCC Rcd 742 (1992). sea level (HAMSL). (a) MSAs. Metropolitan Statistical (1) Except as provided in paragraphs Areas are 306 areas, including New Eng- (a)(2) and (b) of this section, the dis- land County Metropolitan Areas and tance from a cell transmitting antenna the Gulf of Mexico Service Area (water to its SAB along each cardinal radial is area of the Gulf of Mexico, border is calculated as follows: the coastline), defined by the Office of Management and Budget, as modified d = 2.531 × h0.34 × p0.17 by the FCC. where: (b) RSAs. Rural Service Areas are 428 d is the radial distance in kilometers areas, other than MSAs, established by h is the radial antenna HAAT in meters the FCC. p is the radial ERP in Watts [59 FR 59507, Nov. 17, 1994, as amended at 79 (2) The distance from a cell transmit- FR 72151, Dec. 5, 2014] ting antenna located in the Gulf of § 22.911 Cellular geographic service Mexico Service Area (GMSA) to its area. SAB along each cardinal radial is cal- The Cellular Geographic Service culated as follows: Area (CGSA) of a Cellular system is the d = 6.895 × h0.30 × p0.15 geographic area considered by the FCC Where: to be served by the Cellular system and is the area within which cellular sys- d is the radial distance in kilometers h is the radial antenna HAAT in meters tems are entitled to protection and ad- p is the radial ERP in Watts verse effects for the purpose of determining whether a petitioner has stand- (3) The value used for h in the for- ing are recognized. The CGSA is the mula in paragraph (a)(2) of this section composite of the service areas of all of must not be less than 8 meters (26 feet) the cells in the system, excluding any HASL (or HAMSL, as appropriate for Unserved Area (even if it is served on a the support structure). The value used secondary basis) or area within the for h in the formula in paragraph (a)(1) CGSA of another Cellular system. The of this section must not be less than 30 service area of a cell is the area within meters (98 feet) HAAT, except that for its service area boundary (SAB). Li- unserved area applications proposing a censees that use power spectral density cell with an ERP not exceeding 10

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Watts, the value for h used in the for- distances from the cell sites to the 32 mula in paragraph (a)(1) of this section dBμV/m contour along the eight car- to determine the service area boundary dinal radials, with points in other azi- for that cell may be less than 30 meters muthal directions determined by the (98 feet) HAAT, but not less than 3 me- method given in paragraph (a)(6) of this ters (10 feet) HAAT. section. The distances used must be (4) The value used for p in the for- representative of the coverage within mulas in paragraphs (a)(1) and (a)(2) of the eight cardinal radials, as depicted this section must not be less than 0.1 by the alternative CGSA determina- Watt or 27 dB less than (1/500 of) the tion. maximum ERP in any direction, (2) If an uncalibrated predictive whichever is more. model is used to depict the CGSA, the (5) Whenever use of the formula in alternative CGSA determination must paragraph (a)(1) of this section pursu- identify factors (e.g. terrain roughness ant to the exception contained in para- or features) that could plausibly ac- graph (a)(3) of this section results in a count for the difference between actual calculated distance that is less than 5.4 coverage and that defined by the for- kilometers (3.4 miles), the radial dis- mula in paragraph (a)(1) of this section. tance to the service area boundary is If actual measurements or a measure- deemed to be 5.4 kilometers (3.4 miles). ment-calibrated predictive model are (6) The distance from a cell transmit- used to depict the CGSA, and this fact ting antenna to the SAB along any ra- is disclosed in the alternative CGSA dial other than the eight cardinal determination, it is not necessary to radials is calculated by linear inter- offer an explanation of the difference polation of distance as a function of between actual coverage and that de- angle. fined by the formula in paragraph (a)(1) (b) Alternative CGSA determination of this section. If the formula in para- (non-PSD). If a carrier believes that the graph (a)(1) of this section is clearly in- method described in paragraph (a) of applicable for the cell(s) in question this section produces a CGSA that de- (e.g. for microcells), this should be dis- parts significantly (±20% in the service closed in the alternative CGSA deter- area of any cell) from the geographic mination. area where reliable cellular service is (3) The provision for alternative actually provided, the carrier may sub- CGSA determinations was made in rec- mit, as an exhibit to an application for ognition that the formula in paragraph modification of the CGSA using FCC (a)(1) of this section is a general model Form 601, a depiction of what the car- that provides a reasonable approxima- rier believes the CGSA should be. Such tion of coverage in most land areas, submissions must be accompanied by but may under-predict or over-predict one or more supporting propagation coverage in specific areas with unusual studies using methods appropriate for terrain roughness or features, and may the 800–900 MHz frequency range, in- be inapplicable for certain purposes, cluding all supporting data and cal- e.g., cells with a coverage radius of less culations, and/or by extensive field than 8 kilometers (5 miles). In such strength measurement data. For the cases, alternative methods that utilize purpose of such submissions, cellular more specific models are appropriate. service is considered to be provided in Accordingly, the FCC does not consider all areas, including ‘‘dead spots’’, be- use of the formula in paragraph (a)(1) tween the transmitter location and the of this section with parameters outside locus of points where the predicted or of the limits in paragraphs (a)(3), (a)(4) measured median field strength finally and (a)(5) of this section or with data drops to 32 dBμV/m (i.e. does not exceed for radials other than the cardinal 32 dBμV/m further out). If, after consid- radials to be a valid alternative meth- eration of such submissions, the FCC od for determining the CGSA of a cel- finds that adjustment to a CGSA is lular system. warranted, the FCC may grant the ap- (c) CGSA determination (PSD). (1) For plication. the purpose of calculating the SABs for (1) The alternative CGSA determina- cell sites and determining CGSA ex- tion must define the CGSA in terms of pansion areas for Cellular base stations

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that operate using PSD (as permitted culated using the methodology of under § 22.913), the licensee must use a § 22.911) that extend outside of the li- predictive propagation model that is censee’s Cellular Geographic Service appropriate for the service provided, Area (CGSA) boundary into Unserved taking into account terrain and local Area or into the CGSA of a neighboring conditions. The SAB and CGSA bound- co-channel licensee. Service within ary must be defined in terms of dis- SAB extensions is not protected from tances from the cell site to the 32 interference or capture under § 22.911(d) dBμV/m contour along the eight car- unless and until the area within the dinal radials, with points in other azi- SAB extension becomes part of the muthal directions determined by the CGSA in compliance with all applica- method set forth in paragraph (a)(6) of ble rules. this section. The distances used must (a) Extensions into Unserved Area. Sub- be representative of the coverage with- ject to paragraph (c) of this section, in the eight cardinal radials. the licensee of a Cellular system may, (2) An application for major modi- at any time, extend its SAB into fication of the CGSA under this para- Unserved Area and provide service on a graph (c) must include, as an exhibit, a secondary basis only, provided that the depiction of the CGSA accompanied by extension area comprises less than 130 one or more supporting propagation contiguous square kilometers (50 con- studies using methods appropriate for tiguous square miles). If more than one the 800–900 MHz frequency range, in- licensee of a Cellular system extends cluding all supporting data and cal- into all or a portion of the same culations, and/or by extensive field Unserved Area under this section, all strength measurement data. For the such licensees may provide service in purpose of such submissions, Cellular such Unserved Area on a shared sec- service is considered to be provided in ondary (unprotected) basis only. all areas, including ‘‘dead spots,’’ be- (b) Contract extensions. The licensee tween the transmitter location and the of any Cellular system may, at any locus of points where the predicted or time, enter into a contract with an ap- measured median field strength finally plicant for, or a licensee of, a Cellular drops to 32 dBμV/m (i.e., does not ex- system on the same channel block to ceed 32 dBμV/m further out). If, after allow one or more SAB extensions into consideration of such submissions, the its CGSA (not into Unserved Area). FCC finds that adjustment to a CGSA (c) Gulf of Mexico Service Area. Land- is warranted, the FCC may grant the based Cellular system licensees may application. not extend their SABs into the Gulf of (d) Protection afforded. Cellular sys- Mexico Exclusive Zone (GMEZ) absent tems are entitled to protection only written contractual consent of the co- within the CGSA (as determined in ac- channel GMEZ licensee. GMEZ licens- cordance with this section) from co- ees may not extend their SABs into the channel and first-adjacent channel in- CGSA of a licensee on the same chan- terference (see § 22.983). Licensees must nel block in an adjacent CMA or the cooperate in resolving co-channel and Gulf of Mexico Coastal Zone absent first-adjacent channel interference by written contractual consent of the co- changing channels used at specific cells channel licensee. or by other technical means. [79 FR 72151, Dec. 5, 2014] (e) [Reserved] § 22.913 Effective radiated power lim- [59 FR 59507, Nov. 17, 1994, as amended at 59 its. FR 59954, Nov. 21, 1994; 63 FR 68951, Dec. 14, 1998; 67 FR 9609, Mar. 4, 2002; 67 FR 77191, Dec. Licensees in the Cellular Radio- 17, 2002; 68 FR 42295, July 17, 2003; 79 FR 72151, telephone Service are subject to the ef- Dec. 5, 2014; 82 FR 17582, Apr. 12, 2017] fective radiated power (ERP) limits and other requirements in this Section. § 22.912 Service area boundary exten- See also § 22.169. sions. (a) Maximum ERP. The ERP of trans- This section contains rules governing mitters in the Cellular Radiotelephone service area boundary (SAB) exten- Service must not exceed the limits in sions. SAB extensions are areas (cal- this section.

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(1) Except as described in paragraphs the base station antenna, at 1.6 meters (a)(2), (3), and (4) of this section, the above ground level. To ensure its com- ERP of base stations and repeaters pliance with this requirement, the li- must not exceed— censee must perform predictive mod- (i) 500 watts per emission; or eling of the PFD values within at least (ii) 400 watts/MHz (PSD) per sector. 1 km of each base station antenna prior (2) Except as described in paragraphs to commencing such operations and, (a)(3) and (4) of this section, for sys- thereafter, prior to making any site tems operating in areas more than 72 modifications that may increase the kilometers (45 miles) from inter- PFD levels around the base station. national borders that: The modeling tools must take into con- (i) Are located in counties with popu- sideration terrain and other local con- lation densities of 100 persons or fewer ditions and must use good engineering per square mile, based upon the most practices for the 800 MHz band. recently available population statistics (c) Advance notification requirement. from the Bureau of the Census; or At least 30 days but not more than 90 (ii) Extend coverage into Unserved days prior to activating a base station Area on a secondary basis (see § 22.949), at the higher ERP limits permitted the ERP of base transmitters and re- under paragraphs (a)(3) and (4) of this peaters must not exceed— section, the Cellular licensee must pro- (A) 1000 watts per emission; or vide written advance notice to any (B) 800 watts/MHz (PSD) per sector. public safety licensee authorized in the (3) Provided that they also comply frequency range 806–816 MHz/851–861 with paragraphs (b) and (c) of this sec- MHz with a base station located within tion, licensees are permitted to operate a radius of 113 km of the Cellular base their base transmitters and repeaters station to be deployed. The written no- with an ERP greater than 400 watts/ tice shall be required only one time for MHz (PSD) per sector, up to a max- each such cell site and is for informa- imum ERP of 1000 watts/MHz (PSD) per tional purposes only; the public safety sector unless they meet the conditions licensees are not afforded the right to in paragraph (a)(4) of this section. accept or reject the activation or to (4) Provided that they also comply with paragraphs (b) and (c) of this sec- unilaterally require changes in the option, licensees of systems operating in erating parameters. The written notifi- areas more than 72 kilometers (45 cation must include the base station’s miles) from international borders that: location, ERP level, height of the (i) Are located in counties with popu- transmitting antenna’s center of radi- lation densities of 100 persons or fewer ation above ground level, and the time- per square mile, based upon the most frame for activation, as well as the Cel- recently available population statistics lular licensee’s contact information. from the Bureau of the Census; or Additional information shall be pro- (ii) Extend coverage into Unserved vided by the Cellular licensee upon re- Area on a secondary basis (see § 22.949), quest of a public safety licensee re- are permitted to operate base trans- quired to be notified under this para- mitters and repeaters with an ERP graph (c). See also §§ 22.970 through greater than 800 watts/MHz (PSD) per 22.973. sector, up to a maximum of 2000 watts/ (d) Power measurement. Measurement MHz (PSD) per sector. of the ERP of Cellular base transmit- (5) The ERP of mobile transmitters ters and repeaters must be made using and auxiliary test transmitters must an average power measurement tech- not exceed 7 watts. nique. The peak-to-average ratio (PAR) (b) Power flux density (PFD). Until of the transmission must not exceed 13 May 12, 2024, each Cellular base station dB. Power measurements for base that operates at the higher ERP limits transmitters and repeaters must be permitted under paragraphs (a)(3) and made in accordance with either of the (4) of this section must be designed and following: deployed so as not to exceed a modeled (1) A Commission-approved average PFD of 3000 microwatts/m2/MHz over at power technique (see FCC Laboratory’s least 98% of the area within 1 km of Knowledge Database); or

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(2) For purposes of this section, peak employing a reference bandwidth as transmit power must be measured over follows: an interval of continuous transmission (1) In the spectrum below 1 GHz, in- using instrumentation calibrated in strumentation should employ a ref- terms of an rms-equivalent voltage. erence bandwidth of 100 kHz or greater. The measurement results shall be prop- In the 1 MHz bands immediately out- erly adjusted for any instrument limi- side and adjacent to the frequency tations, such as detector response block, a resolution bandwidth of at times, limited resolution bandwidth least one percent of the emission band- capability when compared to the emis- width of the fundamental emission of sion bandwidth, sensitivity, etc., so as the transmitter may be employed. A to obtain a true peak measurement for narrower resolution bandwidth is per- the emission in question over the full mitted in all cases to improve meas- bandwidth of the channel. urement accuracy, provided that the (e) Height-power limit. The ERP of measured power is integrated over the base transmitters must not exceed the full required reference bandwidth (i.e., amount that would result in an aver- 100 kHz or 1 percent of emission band- age distance to the service area bound- width, as specified). The emission ary of 79.1 kilometers (49 miles) for Cel- bandwidth is defined as the width of lular systems authorized to serve the the signal between two points, one Gulf of Mexico MSA and 40.2 kilo- below the carrier center frequency and meters (25 miles) for all other Cellular one above the carrier center frequency, systems. The average distance to the outside of which all emissions are at- service area boundary is calculated by tenuated at least 26 dB below the taking the arithmetic mean of the dis- transmitter power. tances determined using the procedures (2) In the spectrum above 1 GHz, in- specified in § 22.911 for the eight car- strumentation should employ a ref- dinal radial directions. erence bandwidth of 1 MHz. (f) Exemptions from height-power limit. Licensees need not comply with the (c) Alternative out of band emission height-power limit in paragraph (e) of limit. Licensees in this service may es- this section if either of the following tablish an alternative out of band conditions is met: emission limit to be used at specified (1) The proposed operation is coordi- band edge(s) in specified geographical nated with the licensees of all affected areas, in lieu of that set forth in this Cellular systems on the same channel section, pursuant to a private contrac- block within 121 kilometers (75 miles) tual arrangement of all affected licens- and concurrence is obtained; or ees and applicants. In this event, each (2) The licensee’s base transmitter or party to such contract shall maintain a repeater is operated at the ERP limits copy of the contract in their station (W/MHz) specified above in paragraph files and disclose it to prospective as- (a)(1)(ii), (a)(2)(ii), (a)(3), or (a)(4) of signees or transferees and, upon re- this section. quest, to the FCC. (d) Interference caused by out of band [82 FR 17582, Apr. 12, 2017] emissions. If any emission from a transmitter operating in this service results § 22.917 Emission limitations for cellular equipment. in interference to users of another radio service, the FCC may require a The rules in this section govern the greater attenuation of that emission spectral characteristics of emissions in than specified in this section. the Cellular Radiotelephone Service. (a) Out of band emissions. The power [67 FR 77191, Dec. 17, 2002, as amended at 82 of any emission outside of the author- FR 17583, Apr. 12, 2017] ized operating frequency ranges must be attenuated below the transmitting § 22.921 [Reserved] power (P) by a factor of at least 43 + 10 log(P) dB. § 22.923 Cellular system configuration. (b) Measurement procedure. Compli- Mobile stations communicate with ance with these rules is based on the and through base transmitters only. use of measurement instrumentation Base transmitters communicate with

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mobile stations directly or through cel- of this chapter. See also paragraph (d) lular repeaters. Auxiliary test stations of this section regarding spectrum leas- may communicate with base or mobile ing. stations for the purpose of testing (a) Partitioning, disaggregation, or com- equipment. bined partitioning and disaggregation. Applicants must file FCC Form 603 § 22.925 Prohibition on airborne oper- (‘‘Assignment of Authorization and ation of cellular telephones. Transfer of Control’’) pursuant to Cellular telephones installed in or § 1.948 of this chapter, as well as GIS carried aboard airplanes, balloons or map files and a reduced-size PDF map any other type of aircraft must not be pursuant to § 22.953 for both the as- operated while such aircraft are air- signor and assignee. borne (not touching the ground). When (b) Field strength limit. For purposes any aircraft leaves the ground, all cel- of partitioning and disaggregation, Cel- lular telephones on board that aircraft lular systems must be designed so as to must be turned off. The following no- comply with § 22.983. tice must be posted on or near each cel- (c) License term. The license term for lular telephone installed in any air- a partitioned license area and for craft: disaggregated spectrum will be the re- ‘‘The use of cellular telephones while mainder of the original license term. this aircraft is airborne is prohibited (d) Spectrum leasing. Cellular spec- by FCC rules, and the violation of this trum leasing is subject to all applica- rule could result in suspension of serv- ble provisions of subpart X of part 1 of ice and/or a fine. The use of cellular this chapter as well as the provisions of telephones while this aircraft is on the paragraph (a) of this section, except ground is subject to FAA regulations.’’ that applicants must file FCC Form 608 (‘‘Application or Notification for Spec- §§ 22.927–22.943 [Reserved] trum Leasing Arrangement or Private § 22.946 Construction period for Commons Arrangement’’), not FCC Unserved Area authorizations. Form 603. The construction period applicable to [79 FR 72152, Dec. 5, 2014] new or modified Cellular facilities for which an authorization is granted pur- § 22.949 Unserved Area licensing; min- suant to the Unserved Area process is imum coverage requirements. one year, beginning on the date the au- (a) The Unserved Area licensing proc- thorization is granted. To satisfy this ess described in this section is on-going requirement, a Cellular system must be and applications may be filed at any providing service to mobile stations time, subject to the following coverage operated by subscribers and roamers. requirements: The licensee must notify the FCC (FCC (1) Applicants for authority to oper- Form 601) after the requirements of ate a new Cellular system or expand an this section are met. See § 1.946 of this existing Cellular Geographic Service chapter. See also § 22.949. Area (CGSA) in Unserved Area must [79 FR 72151, Dec. 5, 2014] propose a CGSA or CGSA expansion of at least 130 contiguous square kilo- § 22.948 Geographic partitioning and meters (50 contiguous square miles) spectrum disaggregation; spectrum using the methodology of § 22.911. leasing. (2) Applicants for authority to oper- Cellular licensees may apply to parti- ate a new Cellular system must not tion any portion of their licensed Cel- propose coverage of water areas only lular Geographic Service Area (CGSA) (or water areas and uninhabited islands or to disaggregate their licensed spec- or reefs only), except for Unserved Area trum at any time following the grant in the Gulf of Mexico Service Area. of their authorization(s). Parties seek- (b) There is no limit to the number of ing approval for partitioning and Unserved Area applications that may disaggregation shall request from the be granted on each channel block of FCC an authorization for partial as- each CMA that is subject to the proce- signment of a license pursuant to § 1.948 dures of this section. Consequently,

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Unserved Area applications are mutu- North Latitude, West Longitude) con- ally exclusive only if the proposed secutively in the order listed: CGSAs would overlap. Mutually exclu- (i) 30°16′49″ N 87°31′06″ W sive applications are processed using (ii) 30°04′35″ N 87°31′06″ W the general procedures under § 22.131. (iii) 30°10′56″ N 86°26′53″ W (c) Unserved Area applications under (iv) 30°03′00″ N 86°00′29″ W this section may propose a CGSA cov- (v) 29°33′00″ N 85°32′49″ W ering more than one CMA. Each (vi) 29°23′21″ N 85°02′06″ W Unserved Area application must re- (vii) 29°49′44″ N 83°59′02″ W quest authorization for only one CGSA (viii) 28°54′00″ N 83°05′33″ W and must not propose a CGSA overlap (ix) 28°34′41″ N 82°53′38″ W with an existing CGSA. (x) 27°50′39″ N 83°04′27″ W (d) Settlements among some, but not (xi) 26°24′22″ N 82°23′22″ W all, applicants with mutually exclusive (xii) 25°41′39″ N 81°49′40″ W applications for Unserved Area (partial (xiii) 24°59′02″ N 81°15′04″ W settlements) under this section are pro- (xiv) 24°44′23″ N 81°57′04″ W hibited. Settlements among all appli- (xv) 24°32′37″ N 82°02′01″ W cants with mutually exclusive applica- (b) Service Area Boundary Calculation. tions under this section (full settle- The service area boundary of a cell site ments) are allowed and must be filed located within the Gulf of Mexico Serv- no later than the date that the FCC ice Area is calculated pursuant to Form 175 (short-form) is filed. § 22.911(a)(2). Otherwise, the service [79 FR 72152, Dec. 5, 2014] area boundary is calculated pursuant to § 22.911(a)(1) or § 22.911(b). § 22.950 Provision of service in the (c) Gulf of Mexico Exclusive Zone Gulf of Mexico Service Area (GMEZ). GMEZ licensees have an ex- (GMSA). clusive right to provide Cellular serv- The GMSA has been divided into two ice in the GMEZ, and may add, modify, areas for licensing purposes, the Gulf of or remove facilities anywhere within Mexico Exclusive Zone (GMEZ) and the the GMEZ without prior FCC approval. Gulf of Mexico Coastal Zone (GMCZ). There is no Unserved Area licensing This section describes these areas and procedure for the GMEZ. sets forth the process for licensing fa- (d) Gulf of Mexico Coastal Zone cilities in these two respective areas (GMCZ). The GMCZ is subject to the within the GMSA. Unserved Area licensing procedures set (a) The GMEZ and GMCZ are defined forth in § 22.949. as follows: [67 FR 9610, Mar. 4, 2002, as amended at 79 FR (1) Gulf of Mexico Exclusive Zone. The 72152, Dec. 5, 2014] geographical area within the Gulf of Mexico Service Area that lies between § 22.951 [Reserved] the coastline line and the southern demarcation line of the Gulf of Mexico § 22.953 Content and form of applica- Service Area, excluding the area com- tions for Cellular Unserved Area prising the Gulf of Mexico Coastal authorizations. Zone. Applications for authority to operate (2) Gulf of Mexico Coastal Zone. The a new Cellular system or to modify an geographical area within the Gulf of existing Cellular system must comply Mexico Service Area that lies between with the specifications in this section. the coast line of Florida and a line ex- (a) New Systems. In addition to infor- tending approximately twelve nautical mation required by subpart B of this miles due south from the coastline part and by FCC Form 601, applications boundary of the States of Florida and for an Unserved Area authorization to Alabama, and continuing along the operate a Cellular system must comply west coast of Florida at a distance of with all applicable requirements set twelve nautical miles from the shore- forth in part 1 of this chapter, includ- line. The line is defined by Great Circle ing the requirements specified in arcs connecting the following points §§ 1.913, 1.923, and 1.924, and must in- (geographical coordinates listed as clude the information listed below.

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Geographical coordinates must be cor- (b) Existing systems—major modifica- rect to ±1 second using the NAD 83 tions. Licensees making major modi- datum. fications pursuant to § 1.929(a) and (b) (1) Exhibit I—Geographic Information of this chapter must file FCC Form 601 System (GIS) map files. Geographic In- and comply with the requirements of formation System (GIS) map files must paragraph (a) of this section. be submitted showing the entire pro- (c) Existing systems—minor modifica- posed CGSA, the new cell sites (trans- tions. Licensees making minor modi- mitting antenna locations), and the fications pursuant to § 1.929(k) of this service area boundaries of additional chapter must file FCC Form 601 or FCC and modified cell sites that extend into Form 603, provided, however, that a re- Unserved Area being claimed as CGSA. sulting reduction in coverage within See § 22.911. The FCC will specify the the CGSA is not subject to this re- file format required for the GIS map quirement. See § 1.947(b). See also files, which are to be submitted elec- § 22.169. If the modification involves a tronically via the Universal Licensing contract SAB extension into or from System (ULS). the Gulf of Mexico Exclusive Zone, it (2) Exhibit II—Reduced-size PDF map. must include a certification that the This map must be 81⁄2 × 11 inches (if required written consent has been ob- possible, a proportional reduction of a tained. See §§ 22.912(c) and 22.950. 1:500,000 scale map). The map must have a legend, a distance scale, and [79 FR 72152, Dec. 5, 2014, as amended at 82 correctly labeled latitude and lon- FR 17584, Apr. 12, 2017] gitude lines. The map must be clear §§ 22.955–22.957 [Reserved] and legible. The map must accurately show the entire proposed CGSA, the § 22.959 Rules governing processing of new cell sites (transmitting antenna applications for initial systems. locations), the service area boundaries of additional and modified cell sites Pending applications for authority to that extend beyond the CGSA, and the operate the first cellular system on a relevant portions of the CMA bound- channel block in an MSA or RSA mar- ary. See § 22.911. ket continue to be processed under the (3) Exhibit III—Technical Information. rules governing the processing of such In addition, upon request by an appli- applications that were in effect when cant, licensee, or the FCC, a Cellular those applications were filed, unless applicant or licensee of whom the re- the Commission determines otherwise quest is made shall furnish the antenna in a particular case. type, model, the name of the antenna § 22.960 Cellular operations in the manufacturer, antenna gain in the Chambers, TX CMA (CMA672–A). maximum lobe, the beam width of the maximum lobe of the antenna, a polar This section applies only to Cellular plot of the horizontal gain pattern of systems operating on channel block A the antenna, antenna height to tip of the Chambers, Texas CMA (CMA672– above ground level, the height of the A). center of radiation of the antenna (a) The geographic boundary of above the average terrain, the max- CMA672–A is deemed to be the Cellular imum effective radiated power, and the Geographic Service Area (CGSA) electric field polarization of the wave boundary. This CGSA boundary is not emitted by the antenna when installed determined using the methodology of as proposed to the requesting party § 22.911. The licensee of CMA672–A may within ten (10) days of receiving writ- not propose an expansion of this CGSA ten notification. into another CMA unless and until it (4)–(10) [Reserved] meets the construction requirement (11) Additional information. The FCC set forth in paragraph (b)(2) of this sec- may request information not specified tion. in FCC Form 601 or in paragraphs (a)(1) (b) A licensee that holds the license through (a)(3) of this section as nec- for CMA672–A must be providing signal essary to process an application. coverage and offering service as follows

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(and in applying these geographic con- §§ 22.962–22.969 [Reserved] struction benchmarks, the licensee is to count total land area): § 22.970 Unacceptable interference to (1) To at least 35% of the geographic part 90 non-cellular 800 MHz licensees from cellular radiotelephone or area of CMA672–A within four years of part 90–800 MHz cellular systems. the grant of such authorization; and (2) To at least 70% of the geographic (a) Definition. Except as provided in 47 CFR 90.617(k), unacceptable inter- area of its license authorization by the ference to non-cellular part 90 licensees end of the license term. in the 800 MHz band from cellular ra- (c) After it has met each of the re- diotelephone or part 90–800 MHz cel- quirements of paragraphs (b)(1) and lular systems will be deemed to occur (b)(2), respectively, of this section, the when the below conditions are met: licensee that holds the license for (1) A transceiver at a site at which CMA672–A must notify the FCC that it interference is encountered: has met the requirement by submitting (i) Is in good repair and operating FCC Form 601, including GIS map files condition, and is receiving: and other supporting documents show- (A) A median desired signal of ¥104 ing compliance with the requirement. dBm or higher, as measured at the R.F. See § 1.946 of this chapter. See also input of the receiver of a mobile unit; § 22.953. or (d) Failure to meet the construction (B) A median desired signal of ¥101 requirements set forth in paragraphs dBm or higher, as measured at the R.F. (b)(1) and (b)(2) of this section by each input of the receiver of a portable i.e. of the applicable deadlines will result hand-held unit; and, either in automatic termination of the li- (ii) Is a voice transceiver: cense for CMA672–A and its return to (A) With manufacturer published per- the Commission for future re-licensing formance specifications for the re- subject to competitive bidding proce- ceiver section of the transceiver equal dures. The licensee that fails to meet to, or exceeding, the minimum standards set out in paragraph (b) of this each requirement of this section by the section, below; and; applicable deadline set forth in para- (B) Receiving an undesired signal or graphs (b)(1) and (b)(2) shall be ineli- signals which cause the measured Car- gible to regain the license for CMA672– rier to Noise plus interference (C/(I + A. N)) ratio of the receiver section of said [79 FR 72153, Dec. 5, 2014] transceiver to be less than 20 dB, or, (iii) Is a non-voice transceiver receiv- § 22.961 Cellular licenses subject to ing an undesired signal or signals competitive bidding. which cause the measured bit error (a) The following applications for rate (BER) (or some comparable speci- Cellular licensed area authorizations fication) of the receiver section of said transceiver to be more than the value are subject to competitive bidding: reasonably designated by the manufac- (1) Mutually exclusive applications turer. for Unserved Area filed after July 26, (2) Provided, however, that if the re- 1993; and ceiver section of the mobile or portable (2) Mutually exclusive applications voice transceiver does not conform to for the initial authorization for the standards set out in paragraph (b) CMA672–A (Chambers, TX). of this section, then that transceiver (b) The competitive bidding proce- shall be deemed subject to unaccept- dures set forth in § 22.229 and the gen- able interference only at sites where eral competitive bidding procedures set the median desired signal satisfies the forth in subpart Q of part 1 of this applicable threshold measured signal chapter will apply. power in paragraph (a)(1)(i) of this section after an upward adjustment to ac- [79 FR 72153, Dec. 5, 2014] count for the difference in receiver section performance. The upward adjustment shall be equal to the increase in

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the desired signal required to restore 800 MHz band, as defined in § 22.970, the receiver section of the subject such licensees shall be jointly and sev- transceiver to the 20 dB C/(I + N) ratio erally responsible for abating inter- of paragraph (a)(1)(ii)(B) of this sec- ference, with full cooperation and ut- tion. The adjusted threshold levels most diligence, in the shortest prac- shall then define the minimum meas- ticable time. ured signal power(s) in lieu of para- (1) This joint and several responsi- graphs (a)(1)(i) of this section at which bility rule requires interfering licens- the licensee using such non-compliant ees to consider all feasible interference transceiver is entitled to interference abatement measures, including, but protection. not limited to, the remedies specified (b) Minimum receiver requirements. in the interference resolution proce- Voice transceivers capable of operating dures set forth in § 22.972(c). This joint in the 806–824 MHz portion of the 800 and several responsibility rule applies MHz band shall have the following min- to all forms of interference, including imum performance specifications in out-of-band emissions and intermodu- order for the system in which such lation. transceivers are used to claim entitle- (2) Any licensee that can show that ment to full protection against unac- its signal does not directly or indi- ceptable interference (See paragraph rectly, cause or contribute to causing (a) (2) of this section). unacceptable interference to a non-cel- (1) Voice units intended for mobile lular part 90 of this chapter licensee in use: 75 dB intermodulation rejection the 800 MHz band, as defined in this ratio; 75 dB adjacent channel rejection chapter, shall not be held responsible ratio; ¥116 dBm reference sensitivity. for resolving unacceptable inter- (2) Voice units intended for portable ference. Notwithstanding, any licensee use: 70 dB intermodulation rejection that receives an interference complaint ratio; 70 dB adjacent channel rejection from a public safety/CII licensee shall ratio; ¥116 dBm reference sensitivity. respond to such complaint consistent [69 FR 67834, Nov. 22, 2004, as amended at 70 with the interference resolution proce- FR 76707, Dec. 28, 2005] dures set forth in this chapter. [69 FR 67834, Nov. 22, 2004, as amended at 70 § 22.971 Obligation to abate unaccept- FR 76707, Dec. 28, 2005] able interference. (a) Strict Responsibility. Any licensee § 22.972 Interference resolution proce- who, knowingly or unknowingly, di- dures. rectly or indirectly, causes or contrib- (a) Initial notification. (1) Cellular Ra- utes to causing unacceptable inter- diotelephone licensees may receive ini- ference to a non-cellular part 90 of this tial notification of interference from chapter licensee in the 800 MHz band, non-cellular part 90 of this chapter li- as defined in § 22.970, shall be strictly censees in the 800 MHz band pursuant accountable to abate the interference, to § 90.674(a) of this chapter. with full cooperation and utmost dili- (2) Cellular Radiotelephone licensees, gence, in the shortest time practicable. in conjunction with part 90 ESMR li- Interfering licensees shall consider all censees, shall establish an electronic feasible interference abatement meas- means of receiving the initial notifica- ures, including, but not limited to, the tion described in § 90.674(a) of this chap- remedies specified in the interference ter. The electronic system must be de- resolution procedures set forth in signed so that all appropriate Cellular § 22.972(c). This strict responsibility ob- Radiotelephone licensees and part 90 ligation applies to all forms of inter- ESMR licensees can be contacted about ference, including out-of-band emis- the interference incident with a single sions and intermodulation. notification. The electronic system for (b) Joint and several responsibility. If receipt of initial notification of inter- two or more licensees knowingly or un- ference complaints must be operating knowingly, directly or indirectly, no later than February 22, 2005. cause or contribute to causing unac- (3) Cellular Radiotelephone licensees ceptable interference to a non-cellular must respond to the initial notification part 90 of this chapter licensee in the described in § 90.674(a) of this chapter,

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as soon as possible and no later than 24 may include, but not be limited to, the hours after receipt of notification from following techniques: a part 90 public safety/CII licensee. (i) Increasing the desired power of This response time may be extended to the public safety/CII signal; 48 hours after receipt from other part (ii) Decreasing the power of the part 90 non-cellular licensees provided af- 90 ESMR and/or Cellular Radio- fected communications on these sys- telephone system signal; tems are not safety related. (iii) Modifying the part 90 ESMR and/ (b) Interference analysis. Cellular Ra- or Cellular Radiotelephone system an- diotelephone licensees—who receive an tenna height; initial notification described in (iv) Modifying the part 90 ESMR and/ § 90.674(a) of this chapter—shall per- or Cellular Radiotelephone system an- form a timely analysis of the inter- tenna characteristics; ference to identify the possible source. (v) Incorporating filters into part 90 Immediate on-site visits may be con- ESMR and/or Cellular Radiotelephone ducted when necessary to complete transmission equipment; timely analysis. Interference analysis (vi) Permanently changing part 90 must be completed and corrective ac- ESMR and/or Cellular Radiotelephone frequencies; and tion initiated within 48 hours of the (vii) Supplying interference-resistant initial complaint from a part 90 of this receivers to the affected public safety/ chapter public safety/CII licensee. This CII licensee(s). If this technique is response time may be extended to 96 used, in all circumstances, Cellular Ra- hours after the initial complaint from diotelephone and/or part 90 of this other part 90 of this chapter non-cel- chapter ESMR licensees shall be re- lular licensees provided affected com- sponsible for all costs thereof. munications on these systems are not (2) Whenever short-term interference safety related. Corrective action may abatement measures prove inadequate, be delayed if the affected licensee the affected part 90 of this chapter non- agrees in writing (which may be, but is cellular licensee shall, consistent with not required to be, recorded via e-mail but not compromising safety, make all or other electronic means) to a longer necessary concessions to accepting in- period. terference until a longer-term remedy (c) Mitigation steps. (1) All Cellular can be implemented. Radiotelephone and part 90 of this (3) Discontinuing operations when clear chapter—800 MHz cellular system li- imminent danger exists. When a part 90 censees who are responsible for causing of this chapter public safety licensee unacceptable interference shall take determines that a continuing presence all affirmative measures to resolve of interference constitutes a clear and such interference. Cellular Radio- imminent danger to life or property, telephone licensees found to contribute the licensee causing the interference to unacceptable interference, as de- must discontinue the associated oper- fined in § 22.970, shall resolve such in- ation immediately, until a remedy can terference in the shortest time prac- be identified and applied. The deter- ticable. Cellular Radiotelephone licens- mination that a continuing presence ees and part 90 of this chapter—800 MHz exists that constitutes a clear and im- cellular system licensees must provide minent danger to life or property, must all necessary test apparatus and tech- be made by written statement that: nical personnel skilled in the operation (i) Is in the form of a declaration, no- of such equipment as may be necessary tarized affidavit, or statement under to determine the most appropriate penalty or perjury, from an officer or means of timely eliminating the inter- executive of the affected public safety ference. However, the means whereby licensee; interference is abated or the cell pa- (ii) Thoroughly describes the basis of rameters that may need to be adjusted the claim of clear and imminent dan- is left to the discretion of the Cellular ger; Radiotelephone and/or part 90 of this (iii) Was formulated on the basis of chapter—800 MHz cellular system li- either personal knowledge or belief censees, whose affirmative measures after due diligence;

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(iv) Is not proffered by a contractor alerts them to possible interference; or other third party; and and (v) Has been approved by the Chief of (3) Rapidly identify the source if in- the Public Safety and Homeland Secu- terference is encountered when the cell rity Bureau or other designated Com- is activated. mission official. Prior to the authorized official making a determination [69 FR 67834, Nov. 22, 2004] that a clear and imminent danger ex- § 22.983 Field strength limit. ists, the associated written statement must be served by hand-delivery or (a) Subject to paragraphs (b) and (c) receipted fax on the applicable offend- of this section, a licensee’s predicted or ing licensee, with a copy transmitted measured median field strength limit by the fastest available means to the must not exceed 40 dBμV/m at any Washington, DC office of the Commis- given point along the Cellular Geo- sion’s Public Safety and Homeland Se- graphic Service Area (CGSA) boundary curity Bureau. of a neighboring licensee on the same channel block, unless the affected li- [69 FR 67834, Nov. 22, 2004, as amended at 70 censee of the neighboring CGSA on the FR 76707, Dec. 28, 2005; 71 FR 69038, Nov. 29, 2006] same channel block agrees to a different field strength. This also applies § 22.973 Information exchange. to CGSAs partitioned pursuant to § 22.948. (a) Prior notification. Public safety/CII licensees may notify a part 90 ESMR or (b) Gulf of Mexico Service Area. Not- cellular radiotelephone licensee that withstanding the field strength limit they wish to receive prior notification provision set forth in paragraph (a) of of the activation or modification of this section, licensees in or adjacent to part 90 ESMR or cellular radio- the Gulf of Mexico Exclusive Zone are telephone cell sites in their area. subject to § 22.912(c) regarding service Thereafter, the part 90 ESMR or cel- area boundary extensions. See lular radiotelephone licensee must pro- § 22.912(c). vide the following information to the (c) Cellular licensees shall be subject public safety/CII licensee at least 10 to all applicable provisions and re- business days before a new cell site is quirements of treaties and other inter- activated or an existing cell site is national agreements between the modified: United States government and the gov- (1) Location; ernments of Canada and Mexico, not- (2) Effective radiated power; withstanding paragraphs (a) and (b) of (3) Antenna height; this section. (4) Channels available for use. [79 FR 72153, Dec. 5, 2014] (b) Purpose of prior notification. The prior coordination of cell sites is for in- Subpart I—Offshore formational purposes only. Public safety/CII licensees are not afforded the Radiotelephone Service right to accept or reject the activation § 22.1001 Scope. of a proposed cell or to unilaterally require changes in its operating param- The rules in this subpart govern the eters. The principal purposes of notifi- licensing and operation of offshore ra- cation are to: diotelephone stations. The licensing (1) Allow a public safety licensee to and operation of these stations and advise the part 90 of this chapter systems is also subject to rules else- ESMR or Cellular Radiotelephone li- where in this part that apply generally censee whether it believes a proposed to the public mobile services. However, cell will generate unacceptable inter- in case of conflict, the rules in this ference; subpart govern. (2) Permit Cellular Radiotelephone or part 90 of this chapter ESMR licensees § 22.1003 Eligibility. to make voluntary changes in cell pa- Any eligible entity (see § 22.7) may rameters when a public safety licensee apply for central station license(s) and/

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or offshore subscriber licenses under mobile) as indicated, for voice-grade this subpart. general communications and private line service: [70 FR 19312, Apr. 13, 2005] Central Subscriber Central Subscriber § 22.1005 Priority of service. 488.425 ...... 491.425 488.575 ...... 491.575 Facilities in the Offshore Radio- 488.450 ...... 491.450 488.600 ...... 491.600 telephone Service are intended pri- 488.475 ...... 491.475 488.625 ...... 491.625 marily for rendition of public message 488.500 ...... 491.500 488.650 ...... 491.650 488.525 ...... 491.525 488.675 ...... 491.675 service between offshore subscriber and 488.550 ...... 491.550 488.700 ...... 491.700 central stations. However, they may also be used to render private leased (3) These channels may be assigned line communication service, provided for use by relay stations in systems that such usage does not reduce or im- where it would be impractical to pro- pair the extent or quality of commu- vide offshore radiotelephone service nication service which would be avail- without the use of relay stations. able, in the absence of private leased line service, to the general public re- Central Subscriber Central Subscriber ceiving or subsequently requesting 488.725 ...... 491.725 488.775 ...... 491.775 public message service from an off- 488.750 ...... 491.750 488.800 ...... 491.800 shore central station. (4) These channels may be assigned § 22.1007 Channels for offshore radio- for use by offshore central (base/fixed) telephone systems. or subscriber stations (fixed, tem- The channels listed in this section porary fixed, surface and/or airborne are allocated for paired assignment to mobile) as indicated, for emergency transmitters located in the specified communications involving protection geographical zones that provide off- of life and property. shore radiotelephone service. All chan- Central Subscriber Central Subscriber nels have a bandwidth of 20 kHz and are designated by their center fre- 488.825 ...... 491.825 488.875 ...... 491.875 quencies in MegaHertz. 488.850 ...... 491.850 488.900 ...... 491.900 (a) Zone A—Southern Louisiana. The geographical area in Zone A is bounded (5) These channels may be assigned as follows: for use by offshore central (base/fixed) or subscriber stations (fixed, tem- From longitude W.87°45′ on the East to lon- porary fixed, surface and/or airborne gitude W.94°00′ on the West and from the 4.8 mobile) as indicated, for emergency kilometer (3 mile) limit along the Gulf of auto alarm and voice transmission per- Mexico shoreline on the North to the limit of taining to emergency conditions only. the Outer Continental Shelf on the South. (1) These channels may be assigned Central Subscriber for use by offshore central (base/fixed) 488.950 ..... 491.950 or subscriber stations (fixed, temporary fixed, surface and/or airborne (6) These channels may be assigned mobile) as indicated, for voice-grade for use by offshore central (base/fixed) general communications: or subscriber stations (fixed, temporary fixed, surface and/or airborne Central Subscriber Central Subscriber mobile) as indicated, for emergency 488.025 ...... 491.025 488.225 ...... 491.225 shut-off remote control telemetry, en- 488.050 ...... 491.050 488.250 ...... 491.250 vironmental data acquisition and dis- 488.075 ...... 491.075 488.275 ...... 491.275 488.100 ...... 491.100 488.300 ...... 491.300 seminations, or facsimile trans- 488.125 ...... 491.125 488.325 ...... 491.325 missions. 488.150 ...... 491.150 488.350 ...... 491.350 488.175 ...... 491.175 488.375 ...... 491.375 Central Subscriber Central Subscriber 488.200 ...... 491.200 488.400 ...... 491.400 489.000 ...... 492.000 489.200 ...... 492.200 (2) These channels may be assigned 489.025 ...... 492.025 489.225 ...... 492.225 for use by offshore central (base/fixed) 489.050 ...... 492.050 489.250 ...... 492.250 489.075 ...... 492.075 489.275 ...... 492.275 or subscriber stations (fixed, tem- 489.100 ...... 492.100 489.300 ...... 492.300 porary fixed, surface and/or airborne 489.125 ...... 492.125 489.325 ...... 492.325

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Central Subscriber Central Subscriber general communications and private line service: 489.150 ...... 492.150 489.350 ...... 492.350 489.175 ...... 492.175 489.375 ...... 492.375 Central Subscriber Central Subscriber

(7) These channels may be assigned 485.025 ...... 482.025 486.025 ...... 483.025 485.050 ...... 482.050 486.050 ...... 483.050 for use by offshore central (base/fixed) 485.075 ...... 482.075 486.075 ...... 483.075 or subscriber stations (fixed, tem- 485.100 ...... 482.100 486.100 ...... 483.100 porary fixed, surface and/or airborne 485.125 ...... 482.125 486.125 ...... 483.125 485.150 ...... 482.150 485.150 ...... 483.150 mobile) as indicated, for private line 485.175 ...... 482.175 486.175 ...... 483.175 service: 485.200 ...... 482.200 486.200 ...... 483.200 485.225 ...... 482.225 486.225 ...... 483.225 Central Subscriber Central Subscriber 485.250 ...... 482.250 486.250 ...... 483.250 485.275 ...... 482.275 486.275 ...... 483.275 489.400 ...... 492.400 489.725 ...... 492.725 485.300 ...... 482.300 486.300 ...... 483.300 489.425 ...... 492.425 489.750 ...... 492.750 485.325 ...... 482.325 486.325 ...... 483.325 489.450 ...... 492.450 489.775 ...... 492.775 485.350 ...... 482.350 486.350 ...... 483.350 489.475 ...... 492.475 489.800 ...... 492.800 485.375 ...... 482.375 486.375 ...... 483.375 489.500 ...... 492.500 489.825 ...... 492.825 485.400 ...... 482.400 486.400 ...... 483.400 489.525 ...... 492.525 489.850 ...... 492.850 485.425 ...... 482.425 486.425 ...... 483.425 489.550 ...... 492.550 489.875 ...... 492.875 485.450 ...... 482.450 486.450 ...... 483.450 489.575 ...... 492.575 489.900 ...... 492.900 485.475 ...... 482.475 486.475 ...... 483.475 489.600 ...... 492.600 489.925 ...... 492.925 485.500 ...... 482.500 486.500 ...... 483.500 489.625 ...... 492.625 489.950 ...... 492.950 485.525 ...... 482.525 486.525 ...... 483.525 489.650 ...... 492.650 489.975 ...... 492.975 485.550 ...... 482.550 484.550 ...... 483.550 489.675 ...... 492.675 490.000 ...... 493.000 485.575 ...... 482.575 486.575 ...... 483.575 489.700 ...... 492.700 485.600 ...... 482.600 486.600 ...... 483.600 485.625 ...... 482.625 486.625 ...... 483.625 (8) Interstitial channels. Interstitial 485.650 ...... 482.650 486.650 ...... 483.650 485.675 ...... 482.675 486.675 ...... 483.675 channels are those with center fre- 485.700 ...... 482.700 486.700 ...... 483.700 quencies offset by ±12.5 kHz from the 485.725 ...... 482.725 486.725 ...... 483.725 listed center frequencies. The FCC may 485.750 ...... 482.750 486.750 ...... 483.750 485.775 ...... 482.775 486.775 ...... 483.775 assign interstitial channels to offshore 485.800 ...... 482.800 486.800 ...... 483.800 stations in Zone A subject to the fol- 485.825 ...... 482.825 486.825 ...... 483.825 lowing conditions: 485.850 ...... 482.850 486.850 ...... 483.850 485.875 ...... 482.875 486.875 ...... 483.875 (i) Offshore stations transmitting on 485.900 ...... 482.900 486.900 ...... 483.900 interstitial channels must be located 485.925 ...... 482.925 486.925 ...... 483.925 east of W.92° longitude. 485.950 ...... 482.950 486.950 ...... 483.950 485.975 ...... 482.975 486.975 ...... 483.975 (ii) Operations on interstitial chan- 486.000 ...... 483.000 487.050 ...... 480.050 nels are considered to be secondary to operations on channels with the listed NOTE TO PARAGRAPH (b) OF § 22.1007: These center frequencies. channels are contained in UHF TV Channel (iii) Offshore stations operating on 16. interstitial channels must be used only (c) Zone C—Southern Texas. The geo- for voice grade general communica- graphical area in Zone C is bounded as tions or to provide for private line follows: service. Longitude W.94°00′ on the East, the 4.8 kil- NOTE TO PARAGRAPH (a) OF § 22.1007: These ometer (3 mile) limit on the North and West, channels are contained in UHF TV Channel a 282 kilometer (175 mile) radius from the 17. reference point at Linares, N.L., Mexico on (b) Zone B—Southern Louisiana— the Southwest, latitude N.26°00′ on the Texas. (1) The geographical area in South, and the limits of the outer continental shelf on the Southeast. Zone B is bounded as follows: (1) These channels may be assigned ° ′ From longitude W.87 45 on the East to lon- for use by offshore central (base/fixed) gitude W.95°00′ on the West and from the 4.8 kilometer (3 mile) limit along the Gulf of or subscriber stations (fixed, tem- Mexico shoreline on the North to the limit of porary fixed, surface and/or airborne the Outer Continental Shelf on the South. mobile) as indicated, for emergency auto alarm and voice transmission per- (2) These channels may be assigned taining to emergency conditions only. for use by offshore central (base/fixed) or subscriber stations (fixed, tem- Central Subscriber porary fixed, surface and/or airborne mobile) as indicated, for voice-grade 476.950 ..... 479.950

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(2) These channels may be assigned 477.600 480.600 for use by offshore central (base/fixed) 477.625 480.625 or subscriber stations (fixed, tem- 477.650 480.650 porary fixed, surface and/or airborne 477.675 480.675 mobile) as indicated, for voice-grade 477.700 480.700 general communications and private 477.725 480.725 line service: 477.750 480.750 476.025 479.025 477.775 480.775 476.050 479.050 477.800 480.800 476.075 479.075 477.825 480.825 476.100 479.100 477.850 480.850 476.125 479.125 477.875 480.875 476.150 479.150 477.900 480.900 476.175 479.175 477.925 480.925 476.200 479.200 476.225 479.225 477.950 480.950 476.250 479.250 477.975 480.975 476.275 479.275 476.300 479.300 [59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 476.325 479.325 1995] 476.350 479.350 476.375 479.375 § 22.1009 Transmitter locations. 476.400 479.400 476.425 479.425 The rules in this section establish 476.450 479.450 limitations on the locations from 476.475 479.475 which stations in the Offshore Radio- 476.500 479.500 telephone Service may transmit. 476.525 479.525 (a) All stations. Offshore stations 476.550 479.550 must not transmit from locations out- 476.575 479.575 side the boundaries of the appropriate 476.600 479.600 476.625 479.625 zones specified in § 22.1007. Offshore sta- 476.650 479.650 tions must not transmit from locations 476.675 479.675 within 241 kilometers (150 miles) of any 476.700 479.700 full-service television station that 476.725 479.725 transmits on the TV channel con- 476.750 479.750 taining the channel on which the off- 476.775 479.775 shore station transmits. 476.800 479.800 476.825 479.825 (b) Airborne subscriber stations. Air- 476.850 479.850 borne subscriber stations must not 476.875 479.875 transmit from altitudes exceeding 305 476.900 479.900 meters (1000 feet) above mean sea level. 477.000 480.000 Airborne mobile stations in Zone A 477.025 480.025 must not transmit from locations with- 477.075 480.075 477.100 480.100 in 129 kilometers (80 miles) of Lake 477.125 480.125 Charles, Louisiana. Airborne mobile 477.150 480.150 stations in Zone B must not transmit 477.175 480.175 from locations within 129 kilometers 477.200 480.200 (80 miles) of Lafayette, Louisiana. Air- 477.225 480.225 borne mobile stations in Zone C must 477.250 480.250 not transmit from locations within 129 477.275 480.275 kilometers (80 miles) of Corpus Christi 477.300 480.300 477.325 480.325 or locations within 129 kilometers (80 477.350 480.350 miles) of Houston, Texas. 477.375 480.375 477.400 480.400 § 22.1011 Antenna height limitations. 477.425 480.425 The antenna height of offshore sta- 477.450 480.450 477.475 480.475 tions must not exceed 61 meters (200 477.500 480.500 feet) above mean sea level. The an- 477.525 480.525 tenna height of offshore surface mobile 477.550 480.550 stations must not exceed 10 meters (30 477.575 480.575 feet) above the waterline. 107

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§ 22.1013 Effective radiated power lim- TABLE I–1—MAXIMUM ERP (WATTS)— itations. Continued

The effective radiated power (ERP) of 30 me- 45 me- 61 me- transmitters in the Offshore Radio- ters ters ters Distance (100 (150 (200 telephone Service must not exceed the feet) feet) feet) limits in this section. (a) Maximum power. The ERP of 330 km (205 mi) ...... 1000 900 800 transmitters in this service must not 2 km (200 mi) ...... 800 710 630 314 km (195 mi) ...... 590 520 450 exceed 1000 Watts under any cir- 306 km (190 mi) ...... 450 400 330 cumstances. 298 km (185 mi) ...... 320 280 240 (b) Mobile transmitters. The ERP of 290 km (180 mi) ...... 250 210 175 mobile transmitters must not exceed 282 km (175 mi) ...... 180 150 130 274 km (170 mi) ...... 175 110 100 100 Watts. The ERP of mobile trans- 266 km (165 mi) ...... 95 80 70 mitters, when located within 32 kilo- 258 km (160 mi) ...... 65 55 50 meters (20 miles) of the 4.8 kilometer (3 249 km (155 mi) ...... 50 40 35 mile) limit, must not exceed 25 Watts. 241 km (150 mi) ...... 35 30 25 The ERP of airborne mobile stations must not exceed 1 Watt. § 22.1015 Repeater operation. (c) Protection for TV Reception. The Offshore central stations may be used ERP limitations in this paragraph are as repeater stations provided that the intended to reduce the likelihood that licensee is able to maintain control of interference to television reception the station, and in particular, to turn from offshore radiotelephone oper- the transmitter off, regardless of ations will occur. whether associated subscriber stations (1) Co-channel protection. The ERP of are transmitting at the time. offshore stations must not exceed the limits in Table I–1 of this section. The TABLE I–2—MAXIMUM ERP (WATTS) limits depend upon the height above mean sea level of the offshore trans- 30 me- 61 meters ters mitting antenna and the distance be- Distance from the 4.8 km (3 mi) limit (100 (200 tween the antenna location of the off- feet) feet) shore transmitter and the antenna lo- 6.4 km (4 mi) ...... 25 6 cation of the main transmitter of the 8.0 km (5 mi) ...... 40 10 nearest full-service television station 9.7 km (6 mi) ...... 65 15 that transmits on the TV channel con- 11.3 km (7 mi) ...... 100 25 taining the channel on which the off- 12.9 km (8 mi) ...... 150 35 14.5 km (9 mi) ...... 215 50 shore station transmits. 16.1 km (10 mi) ...... 295 70 (2) Adjacent channel protection. The 17.7 km (11 mi) ...... 400 100 ERP of offshore stations located within 19.3 km (12 mi) ...... 530 130 128.8 kilometers (80 miles) of the main 20.9 km (13 mi) ...... 685 170 22.5 km (14 mi) ...... 870 215 transmitter antenna of a full service 24.1 km (15 mi) ...... 1000 270 TV station that transmits on a TV 25.7 km (16 mi) ...... 1000 415 channel adjacent to the TV channel 27.4 km (17 mi) ...... 1000 505 which contains the channel on which 29.0 km (18 mi) ...... 1000 610 30.6 km (19 mi) ...... 1000 730 the offshore station transmits must 32.2 km (20 mi) ...... 1000 865 not exceed the limits in the Table I–2 33.8 km (21 mi) ...... 1000 1000 of § 22.1015. The limits depend upon the height above mean sea level of the off- § 22.1025 Permissible communications. shore transmitting antenna and the distance between the location of the Offshore central stations must com- offshore transmitter and the 4.8 kilo- municate only with subscriber stations meter (3 mile) limit. (fixed, temporary-fixed, mobile and airborne). Offshore subscriber stations TABLE I–1—MAXIMUM ERP (WATTS) must normally communicate only with and through offshore central stations. 30 me- 45 me- 61 meters ters ters Stations in the Offshore Radio- Distance (100 (150 (200 telephone Service may communicate feet) feet) feet) through relay stations authorized in 338 km (210 mi) ...... 1000 1000 1000 this service.

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§ 22.1031 Temporary fixed stations. (2) If interstitial channels are used, ± The FCC may, upon proper applica- adjacent channels ( 12.5 kHz) to a dis- tion therefor, authorize the construc- tance of 80.5 kilometers (50 miles). (3) Third order intermodulation chan- tion and operation of temporary fixed ± stations in the Offshore Radio- nels ( 12.5 kHz) to a distance of 32.2 kil- telephone service to be used only when ometers (20 miles). the service of permanent fixed stations (4) If the proposed transmitting an- is disrupted by storms or emergencies tenna site is located west of longitude ° ′ or is otherwise unavailable. W.93 40 , and within 32.2 kilometers (20 (a) Six month limitation. If it is nec- miles) of the shoreline, and proposed essary for a temporary fixed station to use of the channels listed in § 22.1007(b), remain at the same location for more no third-order intermodulation inter- than six months, the licensee of that ference would be caused to any base or station must apply for authorization to mobile station using the channels be- operate the station at the specific loca- tween 488 and 494 MHz. tion at least 30 days before the end of the six month period. PART 24—PERSONAL (b) International communications. COMMUNICATIONS SERVICES Communications between the United States and Mexico must not be carried Subpart A—General Information using a temporary fixed station without prior authorization from the FCC. Sec. 24.1 Basis and purpose. Licensees desiring to carry such com- 24.2 Other applicable rule parts. munications should apply sufficiently 24.3 Permissible communications. in advance to allow for the time nec- 24.5 Terms and definitions. essary to coordinate with Canada or 24.9 Operation of certificated signal boost- Mexico. ers.

§ 22.1035 Construction period. Subpart B—Applications and Licenses The construction period (see § 22.142) GENERAL FILING REQUIREMENTS for offshore stations is 18 months. 24.10 Scope. 24.11 Initial authorization. § 22.1037 Application requirements for 24.12 Eligibility. offshore stations. 24.15 License period. Applications for new Offshore Radio- telephone Service stations must con- Subpart C—Technical Standards tain an exhibit showing that: 24.50 Scope. (a) The applicant has notified all li- 24.51 Equipment authorization. censees of offshore stations located 24.52 RF exposure. within 321.8 kilometers (200 miles) of 24.53 Calculation of height above average the proposed offshore station, by pro- terrain (HAAT). viding the following data, at least 30 24.55 Antenna structures; air navigation days before filing the application: safety. (1) The name, business address, chan- Subpart D—Narrowband PCS nel coordinator, and telephone number of the applicant; 24.100 Scope. (2) The location and geographical co- 24.101 [Reserved] ordinates of the proposed station; 24.102 Service areas. (3) The channel and type of emission; 24.103 Construction requirements. 24.104 Partitioning and disaggregation. (4) The height and type of antenna; 24.129 Frequencies. (5) The bearing of the main lobe of 24.130 [Reserved] the antenna; and, 24.131 Authorized bandwidth. (6) The effective radiated power. 24.132 Power and antenna height limits. (b) The proposed station will not 24.133 Emission limits. interfere with the primary ORS chan- 24.134 Co-channel separation criteria. nels by compliance with the following 24.135 Frequency stability. separations: Subpart E—Broadband PCS (1) Co-channel to a distance of 241.4 kilometers (150 miles). 24.200 Scope.

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24.202 Service areas. 24.713 [Reserved] 24.203 Construction requirements. 24.714 Partitioned licenses and 24.229 Frequencies. disaggregated spectrum. 24.232 Power and antenna height limits. 24.716 Installment payments for licenses for 24.235 Frequency stability. frequency Block F. 24.236 Field strength limits. 24.717 Bidding credits for licenses for fre- 24.237 Interference protection. quency Block F. 24.238 Emission limitations for Broadband PCS equipment. 24.720 Definitions.

POLICIES GOVERNING MICROWAVE RELOCATION Subpart I—Interim Application, Licensing, FROM THE 1850–1990 MHZ BAND and Processing Rules for Broadband PCS 24.239 Cost-sharing requirements for 24.801–24.803 [Reserved] broadband PCS. 24.241 Administration of the Cost-Sharing 24.804 Eligibility. Plan. 24.805–24.814 [Reserved] 24.243 The cost-sharing formula. 24.815 Technical content of applications; 24.245 Reimbursement under the Cost-Shar- maintenance of list of station locations. ing Plan. 24.816–24.829 [Reserved] 24.247 Triggering a reimbursement obliga- 24.830 Opposition to applications. tion. 24.831 Mutually exclusive applications. 24.249 Payment issues. 24.832 [Reserved] 24.251 Dispute resolution under the Cost- 24.833 Post-auction divestitures. Sharing Plan. 24.834–24.838 [Reserved] 24.253 Termination of cost-sharing obliga- 24.839 Transfer of control or assignment of tions. license. APPENDIX I TO SUBPART E OF PART 24—A 24.840–24.844 [Reserved] PROCEDURE FOR CALCULATING PCS SIGNAL LEVELS AT MICROWAVE RECEIVERS (AP- AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309 PENDIX E OF THE MEMORANDUM OPINION and 332. AND ORDER) SOURCE: 58 FR 59183, Nov. 8, 1993, unless Subpart F—Competitive Bidding otherwise noted. Redesignated at 59 FR 18499, Apr. 19, 1994. Procedures for Narrowband PCS 24.301 Narrowband PCS subject to competi- Subpart A—General Information tive bidding. 24.302–24.309 [Reserved] § 24.1 Basis and purpose. 24.320 [Reserved] 24.321 Designated entities. This section contains the statutory basis for this part of the rules and pro- Subpart G—Interim Application, Licensing vides the purpose for which this part is and Processing Rules for Narrowband PCS issued. 24.403 Authorization required. (a) Basis. The rules for the personal 24.404 Eligibility. communications services (PCS) in this 24.405–24.414 [Reserved] part are promulgated under the provi- 24.415 Technical content of applications; sions of the Communications Act of maintenance of list of station locations. 1934, as amended, that vests authority 24.416–24.429 [Reserved] in the Federal Communications Com- 24.430 Opposition to applications. 24.431 Mutually exclusive applications. mission to regulate radio transmission 24.432–24.444 [Reserved] and to issue licenses for radio stations. (b) Purpose. This part states the con- Subpart H—Competitive Bidding ditions under which portions of the Procedures for Broadband PCS radio spectrum are made available and licensed for PCS. 24.701 Broadband PCS subject to competitive bidding. (c) Scope. The rules in this part apply 24.702–24.708 [Reserved] only to stations authorized under this 24.709 Eligibility for licenses for frequency part. Rules in subparts D and E apply Blocks C and F. only to stations authorized under those 24.710 [Reserved] subparts. 24.711 Installment payments for licenses for frequency Block C. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 24.712 Bidding credits for licenses won for FR 18499, Apr. 19, 1994, and amended at 59 FR frequency Block C. 32854, June 24, 1994]

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§ 24.2 Other applicable rule parts. (h) Part 21. This part contains rules Other FCC rule parts applicable to li- concerning multipoint distribution censees in the personal communica- service and multichannel multipoint tions services include the following: distribution service. (a) Part 0. This part describes the (i) Part 68. This part contains tech- Commission’s organization and delega- nical standards for connection of ter- tions of authority. Part 0 of this chap- minal equipment to the telephone net- ter also lists available Commission work. publications, standards and procedures (j) Part 101. This part contains rules for access to Commission records, and concerning common carrier and private location of Commission Field Offices. services relating to fixed point-to-point (b) Part 1. This part includes rules of and point-to-multipoint microwave practice and procedure for license ap- systems. plications, adjudicatory proceedings, [58 FR 59183, Nov. 8, 1993. Redesignated and procedures for reconsideration and re- amended at 59 FR 18499, Apr. 19, 1994, as view of the Commission’s actions; pro- amended at 63 FR 68952, Dec. 14, 1998; 65 FR visions concerning violation notices 38325, June 20, 2000; 77 FR 3954, Jan. 26, 2012] and forfeiture proceedings; and the environmental requirements that, to- § 24.3 Permissible communications. gether with the procedures specified in PCS licensees may provide any mo- § 17.4(c) of this chapter, if applicable, bile communications service on their must be complied with prior to the ini- assigned spectrum. Fixed services may tiation of construction. Subpart F in- be provided on a co-primary basis with cludes the rules for the Wireless Tele- mobile operations. Broadcasting as de- communications Services and the pro- fined in the Communications Act is cedures for filing electronically via the prohibited. ULS. (c) Part 2. This part contains the [61 FR 45356, Aug. 29, 1996] Table of Frequency Allocations and § 24.5 Terms and definitions. special requirements in international regulations, recommendations, agree- Assigned Frequency. The center of the ments, and treaties. This part also con- frequency band assigned to a station. tains standards and procedures con- Authorized Bandwidth. The maximum cerning the marketing and importation width of the band of frequencies per- of radio frequency devices, and for ob- mitted to be used by a station. This is taining equipment authorization. normally considered to be the nec- (d) Part 5. This part contains rules essary or occupied bandwidth, which- prescribing the manner in which parts ever is greater. of the radio frequency spectrum may Average Terrain. The average ele- be made available for experimentation. vation of terrain between 3 and 16 kilo- (e) Part 15. This part contains rules meters from the antenna site. setting out the regulations under Base Station. A land station in the which an intentional, unintentional, or land mobile service. incidental radiator may be operated Broadband PCS. PCS services oper- without an individual license. It also ating in the 1850–1890 MHz, 1930–1970 contains the technical specifications, MHz, 2130–2150 MHz, and 2180–2200 MHz administrative requirements and other bands. conditions relating to the marketing of Effective Radiated Power (e.r.p.) (in a part 15 devices. Unlicensed PCS devices given direction). The product of the operate under subpart D of part 15. power supplied to the antenna and its (f) Part 17. This part contains require- gain relative to a half-wave dipole in a ments for the construction, marking given direction. and lighting of antenna towers, and the Equivalent Isotropically Radiated environmental notification process Power (e.i.r.p.). The product of the that must be completed before filing power supplied to the antenna and the certain antenna structure registration antenna gain in a given direction rel- applications. ative to an isotropic antenna. (g) Part 20 of this chapter governs Fixed Service. A radiocommunication commercial mobile radio services. service between specified fixed points.

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Fixed Station. A station in the fixed voluntarily relocates its licensed facili- service. ties to other media or fixed channels. Land Mobile Service. A mobile service [58 FR 59183, Nov. 8, 1993. Redesignated at 59 between base stations and land mobile FR 18499, Apr. 19, 1994, and amended at 61 FR stations, or between land mobile sta- 29691, June 12, 1996; 62 FR 12757, Mar. 18, 1997; tions. 63 FR 68952, Dec. 14, 1998] Land Mobile Station. A mobile station in the land mobile service capable of § 24.9 Operation of certificated signal surface movement within the geo- boosters. graphic limits of a country or con- Individuals and non-individuals may tinent. operate certificated Consumer Signal Land Station. A station in the mobile Boosters on frequencies regulated service not intended to be used while in under this part provided that such op- motion. eration complies with all applicable Mobile Service. A radiocommunication rules under this part and § 20.21 of this service between mobile and land sta- chapter. Failure to comply with all ap- tions, or between mobile stations. plicable rules voids the authority to Mobile Station. A station in the mo- operate a signal booster. bile service intended to be used while in motion or during halts at unspec- [78 FR 21564, Apr. 11, 2013] ified points. Narrowband PCS. PCS services oper- Subpart B—Applications and ating in the 901–902 MHz, 930–931 MHz, Licenses and 940–941 MHz bands. National Geodetic Reference System GENERAL FILING REQUIREMENTS (NGRS): The name given to all geodetic control data contained in the National § 24.10 Scope. Geodetic Survey (NGS) data base. This subpart contains some of the (Source: National Geodetic Survey, procedures and requirements for filing U.S. Department of Commerce) applications for licenses in the per- PCS Relocator. A PCS entity that sonal communications services. One pays to relocate a fixed microwave link also should consult subparts F and G of from its existing 2 GHz facility to this part. Other Commission rule parts other media or other fixed channels. of importance that may be referred to Personal Communications Services with respect to licensing and operation (PCS). Radio communications that en- of radio services governed under this compass mobile and ancillary fixed part include 47 CFR parts 0, 1, 2, 5, 15, communication that provide services 17 and 20. to individuals and businesses and can be integrated with a variety of com- [59 FR 32854, June 24, 1994] peting networks. Universal Licensing System. The Uni- § 24.11 Initial authorization. versal Licensing System (ULS) is the (a) An applicant must file a single ap- consolidated database, application fil- plication for an initial authorization ing system, and processing system for for all markets won and frequency all Wireless Radio Services. ULS sup- blocks desired. ports electronic filing of all applica- (b) Blanket licenses are granted for tions and related documents by appli- each market and frequency block. Ap- cants and licensees in the Wireless plications for individual sites are not Radio Services, and provides public ac- required and will not be accepted. cess to licensing information. UTAM. The Unlicensed PCS Ad Hoc [59 FR 32854, June 24, 1994, as amended at 63 Committee for 2 GHz Microwave Tran- FR 68952, Dec. 14, 1998] sition and Management, which coordinates relocation in the 1910–1930 MHz § 24.12 Eligibility. band. Any entity, other than those pre- Voluntarily Relocating Microwave In- cluded by section 310 of the Commu- cumbent A microwave incumbent that nications Act of 1934, as amended, 47

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U.S.C. 310, is eligible to hold a license § 24.53 Calculation of height above av- under this part. erage terrain (HAAT). [70 FR 61059, Oct. 20, 2005] (a) HAAT is determined by subtracting average terrain elevation from § 24.15 License period. antenna height above mean sea level. (b) Average terrain elevation shall be Licenses for service areas will be calculated using elevation data from a granted for ten year terms from the 30 arc second or better Digital Ele- date of original issuance or renewal. vation Models (DEMs). DEM data is available from United States Geologi- Subpart C—Technical Standards cal Survey (USGS). The data file shall be identified. If 30 arc second data is § 24.50 Scope. used, the elevation data must be proc- This subpart sets forth the technical essed for intermediate points using in- requirements for use of the spectrum terpolation techniques; otherwise, the and equipment in the personal commu- nearest point may be used. If DEM data nications services. is not available, elevation data from the Defense Mapping Agency’s Digital § 24.51 Equipment authorization. Chart of the World (DCW) may be used. (c) Radial average terrain elevation (a) Each transmitter utilized for op- is calculated as the average of the ele- eration under this part and each trans- vation along a straight line path from mitter marketed, as set forth in § 2.803 3 to 16 kilometers extending radially of this chapter, must be of a type that from the antenna site. At least 50 even- has been authorized by the Commission ly spaced data points for each radial under its certification procedure for shall be used in the computation. use under this part. (d) Average terrain elevation is the (b) Any manufacturer of radio trans- average of the eight radial average ter- mitting equipment to be used in these rain elevations (for the eight cardinal services may request equipment au- radials). thorization following the procedures (e) The position location of the an- set forth in subpart J of part 2 of this tenna site shall be determined to an ac- chapter. Equipment authorization for curacy of no less than ±5 meters in an individual transmitter may be re- both the horizontal (latitude and lon- quested by an applicant for a station gitude) and vertical (ground elevation) authorization by following the proce- dimensions with respect to the Na- dures set forth in part 2 of this chapter. tional Geodetic Reference System. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 [58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, FR 18499, Apr. 19, 1994, as amended at 63 FR 1994] 36604, July 7, 1998; 85 FR 18150, Apr. 1, 2020] § 24.55 Antenna structures; air naviga- § 24.52 RF exposure. tion safety. Licensees and manufacturers shall Licensees that own their antenna structures must not allow these an- ensure compliance with the Commis- tenna structures to become a hazard to sion’s radio frequency exposure re- air navigation. In general, antenna quirements in §§ 1.1307(b), 2.1091, and structure owners are responsible for 2.1093 of this chapter, as appropriate. registering antenna structures with Applications for equipment authoriza- the FCC if required by part 17 of this tion of mobile or portable devices oper- chapter, and for installing and main- ating under this section must contain a taining any required marking and statement confirming compliance with lighting. However, in the event of de- these requirements. Technical informa- fault of this responsibility by an an- tion showing the basis for this state- tenna structure owner, each FCC per- ment must be submitted to the Com- mittee or licensee authorized to use an mission upon request. affected antenna structure will be held responsible by the FCC for ensuring [85 FR 18150, Apr. 1, 2020] that the antenna structure continues

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to meet the requirements of part 17 of Rochester, New York, Philadelphia, this chapter. See § 17.6 of this chapter. and Pittsburgh. (a) Marking and lighting. Antenna (2) Region 2 (South): The South Re- structures must be marked, lighted and gion consists of the following MTAs: maintained in accordance with part 17 Atlanta, Charlotte-Greensboro-Green- of this chapter and all applicable rules ville-Raleigh, Jacksonville, Knoxville, and requirements of the Federal Avia- Louisville-Lexington-Evansville, Nash- tion Administration. ville, Miami-Fort Lauderdale, Rich- (b) Maintenance contracts. Antenna mond-Norfolk, Tampa-St. Petersburg- structure owners (or licensees and per- Orlando, and Washington-Baltimore; mittees, in the event of default by an and, Puerto Rico and United States antenna structure owner) may enter Virgin Islands. into contracts with other entities to (3) Region 3 (Midwest): The Midwest monitor and carry out necessary main- Region consists of the following MTAs: tenance of antenna structures. An- Chicago, Cincinnati-Dayton, Cleveland, tenna structure owners (or licensees Columbus, Des Moines-Quad Cities, De- and permittees, in the event of default troit, Indianapolis, Milwaukee, Min- by an antenna structure owner) that neapolis-St. Paul, and Omaha. make such contractual arrangements (4) Region 4 (Central): The Central continue to be responsible for the Region consists of the following MTAs: maintenance of antenna structures in Birmingham, Dallas-Fort Worth, Den- regard to air navigation safety. ver, El Paso-Albuquerque, Houston, [61 FR 4366, Feb. 6, 1996] Kansas City, Little Rock, Memphis- Jackson, New Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Subpart D—Narrowband PCS Louis, Tulsa, and Wichita. § 24.100 Scope. (5) Region 5 (West): The West Region consists of the following MTAs: Hono- This subpart sets out the regulations lulu, Los Angeles-San Diego, Phoenix, governing the licensing and operations Portland, Salt Lake City, San Fran- of personal communications services cisco-Oakland-San Jose, Seattle (in- authorized in the 901–902, 930–931, and cluding Alaska), and Spokane-Billings; 940–941 MHz bands (900 MHz band). and, American Samoa, Guam, and the Northern Mariana Islands. § 24.101 [Reserved] (c) The MTA service areas are based § 24.102 Service areas. on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, Narrowband PCS service areas are at pages 38–39, with the following ex- nationwide, regional, and Major Trad- ceptions and additions: ing Areas (MTAs), as defined in this (1) Alaska is separated from the Se- section. MTAs are based on the Rand attle MTA and is licensed separately. McNally 1992 Commercial Atlas & Mar- (2) Guam and the Northern Mariana keting Guide, 123rd Edition, at pages Islands are licensed as a single MTA- 38–39 (MTA Map). Rand McNally orga- like area. nizes the 50 States and the District of (3) Puerto Rico and the United States Columbia into 47 MTAs. The MTA Map Virgin Islands are licensed as a single is available for public inspection in the MTA-like area. FCC’s Library, Room TW-B505, 445 12th Street SW, Washington, D.C. (4) American Samoa is licensed as a single MTA-like area. (a) The nationwide service area consists of the fifty states, the District of [59 FR 14118, Mar. 25, 1994, as amended at 59 Columbia, American Samoa, Guam, FR 46199, Sept. 7, 1994; 65 FR 35852, June 6, Northern Mariana Islands, Puerto 2000] Rico, and United States Virgin Islands. (b) The regional service areas are de- § 24.103 Construction requirements. fined as follows: (a) Nationwide narrowband PCS li- (1) Region 1 (Northeast): The North- censees shall construct base stations east Region consists of the following that provide coverage to a composite MTAs: Boston-Providence, Buffalo- area of 750,000 square kilometers or

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serve 37.5 percent of the U.S. popu- tial service’’ is defined as service that lation within five years of initial li- is sound, favorable, and substantially cense grant date; and, shall construct above a level of mediocre service that base stations that provide coverage to would barely warrant renewal. a composite area of 1,500,000 square kil- (e) In demonstrating compliance with ometers or serve 75 percent of the U.S. the construction requirements set population within ten years of initial forth in this section, licensees must license grant date. Licensees may, in base their calculations on signal field the alternative, provide substantial strengths that ensure reliable service service to the licensed area as provided for the technology utilized. Licensees in paragraph (d) of this section. may determine the population of geo- (b) Regional narrowband PCS licens- graphic areas included within their ees shall construct base stations that service contours using either the 1990 provide coverage to a composite area of census or the 2000 census, but not both. 150,000 square kilometers or serve 37.5 (1) For the purpose of this section, percent of the population of the service the service radius of a base station area within five years of initial license may be calculated using the following grant date; and, shall construct base formula: stations that provide coverage to a d = 2.53 × h 0.34 × p0.17 composite area of 300,000 square kilo- km m meters or serve 75 percent of the serv- where dkm is the radial distance in kilo- ice area population within ten years of meters, initial license grant date. Licensees hm is the antenna HAAT of the base station in meters, and may, in the alternative, provide sub- p is the e.r.p. of the base station in watts. stantial service to the licensed area as provided in paragraph (d) of this sec- (2) Alternatively, licensees may use tion. any service radius contour formula de- (c) MTA narrowband PCS licensees veloped or generally used by industry, shall construct base stations that pro- provided that such formula is based on vide coverage to a composite area of the technical characteristics of their 75,000 square kilometers or 25 percent system. of the geographic area, or serve 37.5 (f) Upon meeting the five and ten percent of the population of the service year benchmarks in paragraphs (a), (b), area within five years of initial license and (c) of this section, or upon meeting grant date; and, shall construct base the substantial service alternative in stations that provide coverage to a paragraph (d), licensees shall notify the composite area of 150,000 square kilo- Commission by filing FCC Form 601 meters or 50 percent of the geographic and including a map and other sup- area, or serve 75 percent of the popu- porting documentation that dem- lation of the service area within ten onstrate the required geographic area years of initial license grant date. Li- coverage, population coverage, or sub- censees may, in the alternative, pro- stantial service to the licensed area. vide substantial service to the licensed The notification must be filed with the area as provided in paragraph (d) of Commission within 15 days of the expi- this section. ration of the relevant period. (d) As an alternative to the require- (g) If the sale of a license is approved, ments of paragraphs (a), (b), and (c) of the new licensee is held to the original this section, narrowband PCS licensees build-out requirement. may demonstrate that, no later than (h) Failure by a licensee to meet the ten years after the initial grant of above construction requirements shall their license, they provide substantial result in forfeiture of the license and service to their licensed area. Licens- ineligibility to regain it. ees choosing this option must notify [59 FR 14118, Mar. 25, 1994, as amended at 65 the FCC by filing FCC Form 601, no FR 35852, June 6, 2000] later than 15 days after the end of the five year period following the initial § 24.104 Partitioning and grant of their license, that they plan to disaggregation. satisfy the alternative requirement to Nationwide, regional, and MTA li- provide substantial service. ‘‘Substan- censees may apply to partition their

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authorized geographic service area or (a) Eighteen frequencies are available disaggregate their authorized spectrum for assignment on a nationwide basis at any time following grant of their ge- as follows: ographic area authorizations. (1) Seven 50 kHz channels paired with (a) Application required. Parties seek- 50 kHz channels: ing approval for partitioning and/or Channel 1: 940.00–940.05 and 901.00–901.05 MHz; disaggregation shall apply for partial Channel 2: 940.05–940.10 and 901.05–901.10 MHz; assignment of a license pursuant to Channel 3: 940.10–940.15 and 901.10–901.15 MHz; § 1.948 of this chapter. Channel 4: 940.15–940.20 and 901.15–901.20 MHz; (b) Partitioning. In the case of parti- Channel 5: 940.20–940.25 and 901.20–901.25 MHz; tioning, applicants and licensees must Channel 19: 930.50–930.55 and 901.30–901.35 file FCC Form 603 pursuant to § 1.948 of MHz; and this chapter and describe the parti- Channel 20: 930.75–930.80 and 901.90–901.95 MHz. tioned service area on a schedule to the application. The partitioned service (2) Three 50 kHz channels paired with area shall be defined by up to 120 sets 12.5 kHz channels: of geographic coordinates at points at Channel 6: 930.40–930.45 and 901.7500–901.7625 every 3 degrees azimuth from a point MHz; within the partitioned service area Channel 7: 930.45–930.50 and 901.7625–901.7750 along the partitioned service area MHz; and boundary unless either an FCC-recog- Channel 8: 940.75–940.80 and 901.7750–901.7875 nized service area is used (e.g., MEA or MHz; EA) or county lines are followed. The (3) Two 50 kHz unpaired channels: geographical coordinates must be spec- Channel 9: RESERVED; ified in degrees, minutes, and seconds Channel 10: 940.80–940.85 MHz; and to the nearest second latitude and lon- Channel 11: 940.85–940.90 MHz. gitude, and must be based upon the 1983 North American Datum (NAD83). In (4) One 100 kHz unpaired channel: the case where FCC-recognized service Channel 18: 940.65–940.75 MHz. areas or county lines are used, appli- (5) Two 150 kHz channels paired with cants need only list the specific area(s) 50 kHz channels: through use of FCC designations or county names that constitute the par- Channel 21: 930.00–930.15 and 901.50–901.55 titioned area. MHz; and (c) Disaggregation. Spectrum may be Channel 22: 930.15–930.30 and 901.60–901.65 disaggregated in any amount. MHz. (d) Combined partitioning and (6) Three 100 kHz channels paired disaggregation. Licensees may apply for with 50 kHz channels: partial assignment of authorizations that propose combinations of parti- Channel 23: 940.55–940.65 and 901.45–901.50 MHz; tioning and disaggregation. Channel 24: 940.30–940.40 and 901.55–901.60 (e) License term. The license term for MHz; and a partitioned license area and for Channel 25: 940.45–940.55 and 901.85–901.90 disaggregated spectrum shall be the re- MHz. mainder of the original licensee’s li- (b) Five frequencies are available for cense term as provided for in § 1.955 of assignment on a regional basis as fol- this chapter. lows: [65 FR 35853, June 6, 2000, as amended at 82 (1) One 50 kHz channel paired with 50 FR 41547, Sept. 1, 2017] kHz channel: EFFECTIVE DATE NOTE: At 65 FR 35853, June Channel 12: 940.25–940.30 and 901.25–901.30 6, 2000, § 24.104 was added. This section con- MHz. tains information collection and record- Channel 13: RESERVED. keeping requirements and will not become effective until approval has been given by (2) Four 50 kHz channels paired with the Office of Management and Budget. 12.5 kHz channels:

§ 24.129 Frequencies. Channel 14: 930.55–930.60 and 901.7875–901.8000 MHz; The following frequencies are avail- Channel 15: 930.60–930.65 and 901.8000–901.8125 able for narrowband PCS: MHz;

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Channel 16: 930.65–930.70 and 901.8125–901.8250 tenna height except as provided in MHz; and paragraph (d) of this section. Channel 17: 930.70–930.75 and 901.8250–901.8375 (d)(1) MTA and regional base stations MHz. located between 200 kilometers (124 (c) Seven frequencies are available miles) and 80 kilometers (50 miles) for assignment on an MTA basis as fol- from their licensed service area border lows: are limited to the power levels in the (1) Three 50 kHz unpaired channels: following table:

Channel 26: 901.35–901.40 MHz; Antenna HAAT in meters (feet) (see Channel 27: 901.40–901.45 MHz; and § 24.53 for HAAT HAAT calculation Effective radiated Channel 28: 940.40–940.45 MHz. method) power (e.r.p.) (watts)

(2) One 50 kHz channel paired with 50 183 (600) and below ...... 3500 kHz channel: 183 (600) to 208 (682) ...... 3500 to 2584 208 (682) to 236 (775) ...... 2584 to 1883 Channel 29: 930.80–930.85 and 901.95–902.00 236 (775) to 268 (880) ...... 1883 to 1372 MHz. 268 (880) to 305 (1000) ...... 1372 to 1000 305 (1000) to 346 (1137) ...... 1000 to 729 (3) One 100 kHz channel paired with 346 (1137) to 394 (1292) ...... 729 to 531 50 kHz channel: 394 (1292) to 447 (1468) ...... 531 to 387 447 (1468) to 508 (1668) ...... 387 to 282 Channel 30: 930.30–930.40 and 901.65–901.70 508 (1668) to 578 (1895) ...... 282 to 206 MHz. 578 (1895) to 656 (2154) ...... 206 to 150 656 (2154) to 746 (2447) ...... 150 to 109 (4) One 150 kHz channel paired with 746 (2447) to 848 (2781) ...... 109 to 80 50 kHz channel: 848 (2781) to 963 (3160) ...... 80 to 58 963 (3160) to 1094 (3590) ...... 58 to 42 Channel 31: 930.85–931.00 and 901.7–901.75 MHz. 1094 (3590) to 1244 (4080) ...... 42 to 31 1244 (4080) to 1413 (4636) ...... 31 to 22 (5) One 100 kHz channel paired with Above 1413 (4636) ...... 16 12.5 kHz channel: Channel 32: 940.90–941 and 901.8375–901.85 MHz. (2) For heights between the values listed in the table, linear interpolation NOTE TO § 24.129: Operations in markets or shall be used to determine maximum portions of markets which border other e.r.p. countries, such as Canada and Mexico, will be subject to on-going coordination arrange- (e) MTA and regional base stations ments with neighboring countries. located less than 80 kilometers (50 miles) from the licensed service area [66 FR 29920, June 4, 2001] border must limit their effective radi- § 24.130 [Reserved] ated power in accordance with the following formula: § 24.131 Authorized bandwidth. PW = 0.0175 × dkm* * 6.6666 × x hm* * ¥ The authorized bandwidth of 3.1997 narrowband PCS channels will be 10 kHz for 12.5 kHz channels and 45 kHz PW is effective radiated power in watts dkm is distance in kilometers for 50 kHz channels. For aggregated ad- hm is antenna HAAT in meters; see § 24.53 for jacent channels, a maximum author- HAAT calculation method ized bandwidth of 5 kHz less than the total aggregated channel width is per- (f) All power levels specified in this mitted. section are expressed in terms of the maximum power, averaged over a 100 § 24.132 Power and antenna height millisecond interval, when measured limits. with instrumentation calibrated in (a) Stations transmitting in the 901– terms of an rms-equivalent voltage 902 MHz band are limited to 7 watts with a resolution bandwidth equal to e.r.p. or greater than the authorized band- (b) Mobile stations transmitting in width. the 930–931 MHz and 940–941 MHz bands (g) Additionally, PCS stations will be are limited to 7 watts e.r.p. subject to any power limits imposed by (c) Base stations transmitting in the international agreements. 930–931 MHz and 940–941 MHz bands are [58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, limited to 3500 watts e.r.p. per author- 1994, as amended at 62 FR 27511, May 20, 1997; ized channel and are unlimited in an- 65 FR 35853, June 6, 2000]

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§ 24.133 Emission limits. graphs (a)(1)(ii) and (a)(2)(ii) of this section. (a) The power of any emission shall be attenuated below the transmitter [58 FR 59183, Nov. 8, 1993. Redesignated at 59 power (P), as measured in accordance FR 18499, Apr. 19, 1994, as amended at 59 FR with § 24.132(f), in accordance with the 14119, Mar. 25, 1994; 66 FR 10968, Feb. 21, 2001] following schedule: § 24.134 Co-channel separation cri- (1) For transmitters authorized a teria. bandwidth greater than 10 kHz: The minimum co-channel separation (i) On any frequency outside the au- distance between base stations in dif- thorized bandwidth and removed from ferent service areas is 113 kilometers the edge of the authorized bandwidth (70 miles). A co-channel separation dis- by a displacement frequency (fd in kHz) tance is not required for the base sta- of up to and including 40 kHz: at least tions of the same licensee or when the 116 Log10 ((fd + 10)/6.1) decibels or 50 affected parties have agreed to other plus 10 Log10 (P) decibels or 70 decibels, co-channel separation distances. whichever is the lesser attenuation; (ii) On any frequency outside the au- § 24.135 Frequency stability. thorized bandwidth and removed from (a) The frequency stability of the the edge of the authorized bandwidth transmitter shall be maintained within ± ± by a displacement frequency (fd in kHz) 0.0001 percent ( 1 ppm) of the center of more than 40 kHz: at least 43 + 10 frequency over a temperature variation ¥ ° ° Log10 (P) decibels or 80 decibels, which- of 30 Celsius to + 50 Celsius at nor- ever is the lesser attenuation. mal supply voltage, and over a vari- (2) For transmitters authorized a ation in the primary supply voltage of bandwidth of 10 kHz: 85 percent to 115 percent of the rated (i) On any frequency outside the au- supply voltage at a temperature of 20 ° thorized bandwidth and removed from Celsius. the edge of the authorized bandwidth (b) For battery operated equipment, the equipment tests shall be performed by a displacement frequency (f in kHz) d using a new battery without any fur- of up to and including 20 kHz: at least ther requirement to vary supply volt- 116 × Log10 ((fd + 5)/3.05) decibels or 50 + × age. 10 Log10 (P) decibels or 70 decibels, (c) It is acceptable for a transmitter whichever is the lesser attenuation; to meet this frequency stability re- (ii) On any frequency outside the au- quirement over a narrower tempera- thorized bandwidth and removed from ture range provided the transmitter the edge of the authorized bandwidth ceases to function before it exceeds by a displacement frequency (fd in kHz) these frequency stability limits. of more than 20 kHz: at least 43 + 10 Log 10 (P) decibels or 80 decibels, Subpart E—Broadband PCS whichever is the lesser attenuation. (b) The measurements of emission SOURCE: 59 FR 32854, June 24, 1994, unless power can be expressed in peak or aver- otherwise noted. age values provided they are expressed in the same parameters as the trans- § 24.200 Scope. mitter power. This subpart sets out the regulations (c) When an emission outside of the governing the licensing and operations authorized bandwidth causes harmful of personal communications services interference, the Commission may, at authorized in the 1850–1910 and 1930–1990 its discretion, require greater attenu- MHz bands. ation than specified in this section. (d) The following minimum spectrum § 24.202 Service areas. analyzer resolution bandwidth settings Broadband PCS service areas are will be used: 300 Hz when showing com- Major Trading Areas (MTAs) and Basic pliance with paragraphs (a)(1)(i) and Trading Areas (BTAs) as defined in this (a)(2)(i) of this section; and 30 kHz section. MTAs and BTAs are based on when showing compliance with para- the Rand McNally 1992 Commercial

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Atlas & Marketing Guide, 123rd Edi- lation in their licensed area within ten tion, at pages 38–39 (‘‘BTA/MTA Map’’). years of being licensed. Licensees may, Rand McNally organizes the 50 states in the alternative, provide substantial and the District of Columbia into 47 service to their licensed area within MTAs and 487 BTAs. The BTA/MTA the appropriate five- and ten-year Map is available for public inspection benchmarks. Licensees may choose to at the Office of Engineering and Tech- define population using the 1990 census nology’s Technical Information Center, or the 2000 census. Failure by any li- 445 12th Street, SW, Washington, DC censee to meet these requirements will 20554. result in forfeiture or non-renewal of (a) The MTA service areas are based the license and the licensee will be in- on the Rand McNally 1992 Commercial eligible to regain it. Atlas & Marketing Guide, 123rd Edition, (b) Licensees of 10 MHz blocks except at pages 38–39, with the following ex- for the 1910–1915 MHz and 1990–1995 ceptions and additions: MHz, including 10 MHz C block licenses (1) Alaska is separated from the Se- reconfigured pursuant to Amendment attle MTA and is licensed separately. of the Commission’s Rules Regarding (2) Guam and the Northern Mariana Installment Payment Financing for Islands are licensed as a single MTA- Personal Communications Services like area. (PCS) Licensees, WT Docket No. 97–82, (3) Puerto Rico and the United States Sixth Report and Order, FCC 00–313, Virgin Islands are licensed as a single and 15 MHz blocks resulting from the MTA-like area. disaggregation option as provided in (4) American Samoa is licensed as a the Commission’s Rules Regarding In- single MTA-like area. stallment Payment Financing for Per- (b) The BTA service areas are based sonal Communications Services (PCS) on the Rand McNally 1992 Commercial Licensees, Second Report and Order Atlas & Marketing Guide, 123rd Edition, and Further Notice of Proposed Rule at pages 38–39, with the following addi- Making, WT Docket 97–82, 12 FCC Rcd tions licensed separately as BTA-like 16436 (1997), as modified by Order on Re- areas: American Samoa; Guam; North- consideration of the Second Report and ern Mariana Islands; Mayagu¨ ez/Agua- Order, WT Docket 97–82, 13 FCC Rcd dilla-Ponce, Puerto Rico; San Juan, 8345 (1998), must serve with a signal Puerto Rico; and the United States level sufficient to provide adequate Virgin Islands. The Mayagu¨ ez/Agua- service to at least one-quarter of the dilla-Ponce BTA-like service area con- population in their licensed area with- sists of the following municipios: in five years of being licensed, or make Adjuntas, Aguada, Aguadilla, An˜ asco, a showing of substantial service in Arroyo, Cabo Rojo, Coamo, Gua´ nica, their licensed area within five years of Guayama, Guayanilla, Hormigueros, being licensed. Population is defined as Isabela, Jayuya, Juana Dı´az, Lajas, the 1990 population census. Licensees Las Marı´as, Mayagu¨ ez, Maricao, may elect to use the 2000 population Maunabo, Moca, Patillas, Pen˜ uelas, census to determine the five-year con- Ponce, Quebradillas, Rinco´ n, Sabana struction requirement. Failure by any Grande, Salinas, San Germa´ n, Santa licensee to meet these requirements Isabel, Villalba, and Yauco. The San will result in forfeiture of the license Juan BTA-like service area consists of and the licensee will be ineligible to re- all other municipios in Puerto Rico. gain it. [59 FR 32854, June 24, 1994; 59 FR 40835, Aug. (c) Licensees must file maps and 10, 1994; 63 FR 68952, Dec. 14, 1998; 65 FR 53636, other supporting documents showing Sept. 5, 2000] compliance with the respective construction requirements within the ap- § 24.203 Construction requirements. propriate five- and ten-year bench- (a) Licensees of 30 MHz blocks must marks of the date of their initial li- serve with a signal level sufficient to censes. provide adequate service to at least (d) Licensees in the paired 1910–1915 one-third of the population in their li- MHz and 1990–1995 MHz bands must censed area within five years of being make a showing of ‘‘substantial serv- licensed and two-thirds of the popu- ice’’ in their license area within ten

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years of the date of initial license block shall be used for base station issuance or renewal. ‘‘Substantial serv- transmissions. ice’’ is defined as service which is [59 FR 32854, June 24, 1994, as amended at 60 sound, favorable, and substantially FR 13917, Mar. 15, 1995; 60 FR 26375, May 17, above a level of mediocre service which 1995; 61 FR 33868, July 1, 1996; 62 FR 660, Jan. just might minimally warrant renewal. 6, 1997; 65 FR 53637, Sept. 5, 2000; 69 FR 67836, Failure by any licensee to meet this re- Nov. 22, 2004] quirement will result in forfeiture of the license and the licensee will be in- § 24.232 Power and antenna height eligible to regain it. limits. (a)(1) Base stations with an emission [58 FR 59183, Nov. 8, 1993, as amended at 64 bandwidth of 1 MHz or less are limited FR 26890, May 18, 1999; 65 FR 53636, Sept. 5, to 1640 watts equivalent isotropically 2000; 69 FR 67835, Nov. 22, 2004; 69 FR 75171, Dec. 15, 2004] radiated power (EIRP) with an antenna height up to 300 meters HAAT, except § 24.229 Frequencies. as described in paragraph (b) below. (2) Base stations with an emission The frequencies available in the bandwidth greater than 1 MHz are lim- Broadband PCS service are listed in ited to 1640 watts/MHz equivalent this section in accordance with the fre- isotropically radiated power (EIRP) quency allocations table of § 2.106 of with an antenna height up to 300 me- this chapter. ters HAAT, except as described in para- (a) The following frequency blocks graph (b) below. are available for assignment on an (3) Base station antenna heights may MTA basis: exceed 300 meters HAAT with a cor- Block A: 1850–1865 MHz paired with 1930–1945 responding reduction in power; see Ta- MHz; and bles 1 and 2 of this section. Block B: 1870–1885 MHz paired with 1950–1965 (4) The service area boundary limit MHz. and microwave protection criteria specified in §§ 24.236 and 24.237 apply. (b) The following frequency blocks are available for assignment on a BTA TABLE 1—REDUCED POWER FOR BASE STATION basis: ANTENNA HEIGHTS OVER 300 METERS, WITH Block C: 1895–1910 MHz paired with 1975–1990 EMISSION BANDWIDTH OF 1 MHZORLESS MHz; Maximum Pursuant to Amendment of the Commis- HAAT in meters EIRP watts sion’s Rules Regarding Installment Pay- ment Financing for Personal Communica- ≤300 ...... 1640 ≤ tions Services (PCS) Licensees, WT Docket 500 ...... 1070 ≤1000 ...... 490 No. 97–82, Sixth Report and Order, FCC 00– ≤1500 ...... 270 313, all 30 MHz Block C licenses available ≤2000 ...... 160 for auction in Auction No. 35 or any subsequent auction will be reconfigured into three 10 MHz C block licenses as follows: TABLE 2—REDUCED POWER FOR BASE STATION 1895–1900 MHz paired with 1975–1980 MHz, ANTENNA HEIGHTS OVER 300 METERS, WITH 1900–1905 MHz paired with 1980–1985 MHz, EMISSION BANDWIDTH GREATER THAN 1 MHZ 1905–1910 MHz paired with 1985–1990 MHz; Block D: 1865–1870 MHz paired with 1945–1950 Maximum HAAT in meters EIRP MHz; watts/MHz Block E: 1885–1890 MHz paired with 1965–1970 MHz; ≤300 ...... 1640 ≤500 ...... 1070 Block F: 1890–1895 MHz paired with 1970–1975 ≤ MHz; 1000 ...... 490 ≤1500 ...... 270 (c) The paired frequency blocks 1910– ≤2000 ...... 160 1915 MHz and 1990–1995 MHz are available for assignment in the 175 Eco- (b)(1) Base stations that are located nomic Areas defined in § 90.7 of this in counties with population densities of chapter. The 1910–1915 MHz block shall 100 persons or fewer per square mile, be used for mobile/portable station based upon the most recently available transmissions while the 1990–1995 MHz population statistics from the Bureau

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of the Census, with an emission band- (c) Mobile and portable stations are width of 1 MHz or less are limited to limited to 2 watts EIRP and the equip- 3280 watts equivalent isotropically ra- ment must employ a means for lim- diated power (EIRP) with an antenna iting power to the minimum necessary height up to 300 meters HAAT. for successful communications. (2) Base stations that are located in (d) Power measurements for trans- counties with population densities of missions by stations authorized under 100 persons or fewer per square mile, this section may be made either in ac- based upon the most recently available cordance with a Commission-approved population statistics from the Bureau average power technique or in compli- of the Census, with an emission band- ance with paragraph (e) of this section. width greater than 1 MHz are limited In both instances, equipment employed to 3280 watts/MHz equivalent must be authorized in accordance with isotropically radiated power (EIRP) the provisions of § 24.51. In measuring with an antenna height up to 300 me- transmissions in this band using an av- ters HAAT. erage power technique, the peak-to-av- (3) Base station antenna heights may erage ratio (PAR) of the transmission exceed 300 meters HAAT with a cor- may not exceed 13 dB. responding reduction in power; see Ta- (e) Peak transmit power must be bles 3 and 4 of this section. measured over any interval of contin- (4) The service area boundary limit uous transmission using instrumenta- and microwave protection criteria tion calibrated in terms of an rms- specified in §§ 24.236 and 24.237 apply. equivalent voltage. The measurement (5) Operation under this paragraph results shall be properly adjusted for (b) at power limits greater than per- any instrument limitations, such as de- mitted under paragraph (a) of this sec- tector response times, limited resolution must be coordinated in advance tion bandwidth capability when com- with all broadband PCS licensees au- pared to the emission bandwidth, sensi- thorized to operate on adjacent fre- tivity, etc., so as to obtain a true peak quency blocks within 120 kilometers (75 measurement for the emission in ques- miles) of the base station and is lim- tion over the full bandwidth of the ited to base stations located more than channel. 120 kilometers (75 miles) from the Ca- NOTE TO § 24.232: Height above average ter- nadian border and more than 75 kilo- rain (HAAT) is to be calculated using the meters (45 miles) from the Mexican method set forth in § 24.53 of this part. border. [73 FR 24183, May 2, 2008] TABLE 3—REDUCED POWER FOR BASE STATION § 24.235 Frequency stability. ANTENNA HEIGHTS OVER 300 METERS, WITH EMISSION BANDWIDTH OF 1 MHZORLESS The frequency stability shall be sufficient to ensure that the fundamental Maximum emission stays within the authorized HAAT in meters EIRP watts frequency block. ≤300 ...... 3280 ≤500 ...... 2140 § 24.236 Field strength limits. ≤1000 ...... 980 ≤1500 ...... 540 The predicted or measured median ≤2000 ...... 320 field strength at any location on the border of the PCS service area shall TABLE 4—REDUCED POWER FOR BASE STATION not exceed 47 dBuV/m unless the par- ANTENNA HEIGHTS OVER 300 METERS, WITH ties agree to a higher field strength. EMISSION BANDWIDTH GREATER THAN 1 MHZ § 24.237 Interference protection. Maximum HAAT in meters EIRP (a) All licensees are required to co- watts/MHz ordinate their frequency usage with the co-channel or adjacent channel in- ≤300 ...... 3280 ≤500 ...... 2140 cumbent fixed microwave licensees in ≤1000 ...... 980 the 1850–1990 MHz band. Coordination ≤1500 ...... 540 ≤ must occur before initiating operations 2000 ...... 320 from any base station. Problems that

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arise during the coordination process microwave licensee. In such a case, the are to be resolved by the parties to the Commission will resolve the issues. coordination. Licensees are required to (c) In all other respects, coordination coordinate with all users possibly af- procedures are to follow the require- fected, as determined by appendix I to ments of § 101.103(d) of this chapter to this subpart E (Appendix E of the the extent that these requirements are Memorandum Opinion and Order, GEN not inconsistent with those specified in Docket No. 90–314, FCC 94–144; TIA this part. Telecommunications Systems Bulletin (d) The licensee must perform an en- 10–F, ‘‘Interference Criteria for Micro- gineering analysis to assure that the proposed facilities will not cause inter- wave Systems,’’ May 1994, (TSB10–F)); ference to existing OFS stations within or an alternative method agreed to by the coordination distance specified in the parties. Table 3 of a magnitude greater than (b) The results of the coordination that specified in the criteria set forth process need to be reported to the Com- in paragraphs (e) and (f) of this section, mission only if the parties fail to unless there is prior agreement with agree. Because broadband PCS licens- the affected OFS licensee. Interference ees are required to protect fixed micro- calculations shall be based on the sum wave licensees in the 1850–1990 MHz of the power received at the terminals band, the Commission will be involved of each microwave receiver from all of in the coordination process only upon the applicant’s current and proposed complaint of interference from a fixed PCS operations.

TABLE 3—COORDINATION DISTANCES IN KILOMETERS

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

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

(e) For microwave paths of 25 kilo- (BER) from 10E–6 to 10E–5 for digital meters or less, interference determina- systems. tions shall be based on the C/I criteria (g) The development of the C/I ratios set forth in TIA Telecommunications and interference criteria specified in Systems Bulletin 10–F, ‘‘Interference paragraphs (e) and (f) of this section Criteria for Microwave Systems,’’ May and the methods employed to compute 1994 (TSB10–F). the interfering power at the microwave (f) For microwave paths longer than receivers shall follow generally accept- 25 kilometers, the interference protec- able good engineering practices. The tion criterion shall be such that the procedures described for computing interfering signal will not produce interfering signal levels in (appendix I more than 1.0 dB degradation of the to this subpart E Appendix E of the practical threshold of the microwave Memorandum Opinion and Order, GEN receiver for analog system, or such Docket No. 90–314, FCC 94–144) shall be that the interfering signal will not applied. Alternatively, procedures for cause an increase in the bit error rate determining interfering signal levels

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and other criteria as may be developed copy of the contract in their station by the Electronics Industries Associa- files and disclose it to prospective as- tion (EIA), the Institute of Electrical signees or transferees and, upon re- and Electronics Engineers, Inc. (IEEE), quest, to the FCC. the American National Standards In- (d) Interference caused by out of band stitute (ANSI) or any other recognized emissions. If any emission from a trans- authority will be acceptable to the mitter operating in this service results Commission. in interference to users of another [59 FR 32854, June 24, 1994, as amended at 61 radio service, the FCC may require a FR 29691, June 21, 1996; 69 FR 75171, Dec. 15, greater attenuation of that emission 2004] than specified in this section. § 24.238 Emission limitations for [67 FR 77192, Dec. 17, 2002] Broadband PCS equipment. The rules in this section govern the POLICIES GOVERNING MICROWAVE RELO- spectral characteristics of emissions in CATION FROM THE 1850–1990 MHZ the Broadband Personal Communica- BAND tions Service. (a) Out of band emissions. The power § 24.239 Cost-sharing requirements for of any emission outside of the author- broadband PCS. ized operating frequency ranges must Frequencies in the 1850–1990 MHz be attenuated below the transmitting band listed in § 101.147(c) of this chapter power (P) by a factor of at least 43 + 10 have been allocated for use by PCS. In log(P) dB. accordance with procedures specified in (b) Measurement procedure. Compli- §§ 101.69 through 101.81 of this chapter, ance with these rules is based on the PCS entities (both licensed and unli- use of measurement instrumentation censed) are required to relocate the ex- employing a resolution bandwidth of 1 isting Fixed Microwave Services (FMS) MHz or greater. However, in the 1 MHz licensees in these bands if interference bands immediately outside and adjacent to the frequency block a resolu- to the existing FMS operations would tion bandwidth of at least one percent occur. All PCS entities who benefit of the emission bandwidth of the funda- from spectrum clearance by other PCS mental emission of the transmitter entities or a voluntarily relocating may be employed. A narrower resolu- microwave incumbent, must contribute tion bandwidth is permitted in all to such relocation costs. PCS entities cases to improve measurement accu- may satisfy this requirement by enter- racy provided the measured power is ing into private cost-sharing agree- integrated over the full required meas- ments or agreeing to terms other than urement bandwidth (i.e. 1 MHz or 1 per- those specified in § 24.243. However, cent of emission bandwidth, as speci- PCS entities are required to reimburse fied). The emission bandwidth is de- other PCS entities or voluntarily relo- fined as the width of the signal be- cating microwave incumbents that tween two points, one below the carrier incur relocation costs and are not par- center frequency and one above the ties to the alternative agreement. In carrier center frequency, outside of addition, parties to a private cost-shar- which all emissions are attenuated at ing agreement may seek reimburse- least 26 dB below the transmitter ment through the clearinghouse (as power. discussed in § 24.241) from PCS entities (c) Alternative out of band emission that are not parties to the agreement. limit. Licensees in this service may es- The cost-sharing plan is in effect dur- tablish an alternative out of band ing all phases of microwave relocation emission limit to be used at specified band edge(s) in specified geographical specified in § 101.69 of this chapter. If a areas, in lieu of that set forth in this licensee in the Broadband PCS Service section, pursuant to a private contrac- enters into a spectrum leasing arrange- tual arrangement of all affected licens- ment (as set forth in part 1, subpart X ees and applicants. In this event, each of this chapter) and the spectrum les- party to such contract shall maintain a see triggers a cost-sharing obligation,

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the licensee is the PCS entity respon- ditioning (HVAC) (if required); alter- sible for satisfying the cost-sharing ob- nate transport equipment; and leased ligations under §§ 24.239 through 24.253. facilities. C also includes voluntarily [62 FR 12757, Mar. 18, 1997, as amended at 69 relocating microwave incumbent’s FR 77559, Dec. 27, 2004] independent third party appraisal of its compensable relocation costs and in- § 24.241 Administration of the Cost- cumbent transaction expenses that are Sharing Plan. directly attributable to the relocation, The Wireless Telecommunications subject to a cap of two percent of the Bureau, under delegated authority, will ‘‘hard’’ costs involved. C may not ex- select an entity to operate as a neu- ceed $250,000 per link, with an addi- tral, not-for-profit clearinghouse. This tional $150,000 permitted if a new or clearinghouse will administer the cost- modified tower is required. sharing plan by, inter alia, maintaining (c) N equals the number of PCS enti- all of the cost and payment records re- ties that would have interfered with lated to the relocation of each link and the link. For the PCS relocator, N = 1. determining the cost-sharing obliga- For the next PCS entity that would tion of subsequent PCS entities. The have interfered with the link, N = 2, cost-sharing rules will not take effect and so on. In the case of a voluntarily until an administrator is selected. relocating microwave incumbent, N = 1 [61 FR 29691, June 12, 1996] for the first PCS entity that would have interfered with the link. For the § 24.243 The cost-sharing formula. next PCS entity that would have inter- A PCS relocator who relocates an fered with the link, N = 2, and so on. interfering microwave link, i.e. one (d) Tm equals the number of months that is in all or part of its market area that have elapsed between the month and in all or part of its frequency band the PCS relocator or voluntarily relo- or a voluntarily relocating microwave cating microwave incumbent obtains incumbent, is entitled to pro rata reim- reimbursement rights for the link and bursement based on the following for- the month that the clearinghouse noti- mula: fies a later-entrant of its reimbursement obligation for the link. A PCS re- []120 − ()T locator obtains reimbursement rights =×C m for the link on the date that it signs a R N relocation agreement with a micro- N 120 wave incumbent. A voluntarily relo- (a) RN equals the amount of reim- cating microwave incumbent obtains bursement. reimbursement rights for the link on (b) C equals the actual cost of relo- the date that the incumbent notifies cating the link. Actual relocation costs the Commission that it intends to dis- include, but are not limited to, such continue, or has discontinued, the use items as: Radio terminal equipment of the link, pursuant to § 101.305 of the (TX and/or RX—antenna, necessary Commission’s rules. feed lines, MUX/Modems); towers and/ or modifications; back-up power equip- [62 FR 12757, Mar. 18, 1997, as amended at 65 ment; monitoring or control equip- FR 46113, July 27, 2000] ment; engineering costs (design/path survey); installation; systems testing; § 24.245 Reimbursement under the Cost-Sharing Plan. FCC filing costs; site acquisition and civil works; zoning costs; training; dis- (a) Registration of reimbursement posal of old equipment; test equipment rights. (1) To obtain reimbursement, a (vendor required); spare equipment; PCS relocator must submit documenta- project management; prior coordination of the relocation agreement to the tion notification under § 101.103(d) of clearinghouse within ten business days this chapter; site lease renegotiation; of the date a relocation agreement is required antenna upgrades for inter- signed with an incumbent. ference control; power plant upgrade (if (2) To obtain reimbursement, a vol- required); electrical grounding sys- untarily relocating microwave incum- tems; Heating Ventilation and Air Con- bent must submit documentation of

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the relocation of the link to the clear- that is either fully outside its market inghouse within ten business days of area or its licensed frequency band the date that the incumbent notifies may seek full reimbursement through the Commission that it intends to dis- the clearinghouse of compensable continue, or has discontinued, the use costs, up to the reimbursement cap as of the link, pursuant to § 101.305 of the defined in § 24.243(b). Such reimburse- Commission’s rules. ment will not be subject to deprecia- (b) Documentation of expenses. Once tion under the cost-sharing formula. relocation occurs, the PCS relocator or [61 FR 29692, June 12, 1996, as amended at 62 the voluntarily relocating microwave FR 12757, Mar. 18, 1997; 65 FR 46113, July 27, incumbent, must submit documenta- 2000] tion itemizing the amount spent for items listed in § 24.243(b). The volun- § 24.247 Triggering a reimbursement tarily relocating microwave incum- obligation. bent, must also submit an independent (a) Licensed PCS. The clearinghouse third party appraisal of its compen- will apply the following test to deter- sable relocation costs. The appraisal mine if a PCS entity preparing to ini- should be based on the actual cost of tiate operations must pay a PCS re- replacing the incumbent’s system with locator or a voluntarily relocating comparable facilities and should ex- microwave incumbent in accordance clude the cost of any equipment up- with the formula detailed in § 24.243: grades or items outside the scope of (1) All or part of the relocated micro- § 24.243(b). The PCS relocator or the wave link was initially co-channel with voluntarily relocating microwave in- the licensed PCS band(s) of the subse- cumbent, must identify the particular quent PCS entity; link associated with appropriate ex- (2) A PCS relocator has paid the relo- penses (i.e., costs may not be averaged cation costs of the microwave incum- over numerous links). If a PCS re- bent; and locator pays a microwave incumbent a (3) The subsequent PCS entity is pre- monetary sum to relocate its own fa- paring to turn on a fixed base station cilities, the PCS relocator must esti- at commercial power and the fixed base mate the costs associated with relo- station is located within a rectangle cating the incumbent by itemizing the (Proximity Threshold) described as fol- anticipated cost for items listed in lows: § 24.243(b). If the sum paid to the in- (i) The length of the rectangle shall cumbent cannot be accounted for, the be x where x is a line extending remaining amount is not eligible for through both nodes of the microwave reimbursement. A PCS relocator may link to a distance of 48 kilometers (30 submit receipts or other documenta- miles) beyond each node. The width of tion to the clearinghouse for all reloca- the rectangle shall be y where y is a tion expenses incurred since April 5, line perpendicular to x and extending 1995. for a distance of 24 kilometers (15 (c) Full Reimbursement. A PCS re- miles) on both sides of x. Thus, the rec- locator who relocates a microwave link tangle is represented as follows:

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(ii) If the application of the Prox- entrants will be responsible for the ac- imity Threshold test indicates that a tual costs associated with future relo- reimbursement obligation exists, the cation activities in their licensed spec- clearinghouse will calculate the reim- trum, but will be entitled to seek reimbursement amount in accordance with bursement from UTAM for the propor- the cost-sharing formula and notify the tion of those band clearing costs that subsequent PCS entity of the total benefit users of the 1915–1930 MHz band. amount of its reimbursement obligation. [61 FR 29692, June 12, 1996, as amended at 62 (b) Unlicensed PCS. UTAM’s reim- FR 12757, Mar. 18, 1997; 69 FR 67836, Nov. 22, bursement obligation is triggered ei- 2004] ther: § 24.249 Payment issues. (1) When a county is cleared of microwave links in the unlicensed alloca- (a) Timing. On the day that a PCS en- tion, and UTAM invokes a Zone 1 tity files its prior coordination notice power cap as a result of third party re- (PCN) in accordance with § 101.103(d) of location activities; or this chapter, it must file a copy of the (2) A county is cleared of microwave PCN with the clearinghouse. The clear- links in the unlicensed allocation and inghouse will determine if any reim- UTAM reclassifies a Zone 2 county to bursement obligation exists and notify Zone 1 status. the PCS entity in writing of its repay- (c) Any new entrants granted licenses ment obligation, if any. When the PCS for the 1910–1915 MHz band must reim- entity receives a written copy of such burse UTAM a pro rata share of its obligation, it must pay directly to the total expenses incurred by UTAM as of PCS relocator or the voluntarily relo- the date that the new entrants gain ac- cating microwave incumbent the cess to the band. The percent required amount owed within thirty days, with by new entrants to pay shall be cal- the exception of those businesses that culated based upon the amount of spec- qualify for installment payments. A trum granted to the new entrant as business that qualifies for an install- compared to the total amount of spec- ment payment plan must make its first trum UTAM is responsible for clearing installment payment within thirty of incumbents (20 megahertz), and days of notice from the clearinghouse. must be paid before a new entrant be- UTAM’s first payment will be due thir- gins operations in the band. For exam- ty days after its reimbursement obliga- ple, if a new entrant obtains a license tion is triggered, as described in for 5 megahertz of spectrum in this § 24.247(b). band, it is required to reimburse UTAM (b) Eligibility for Installment Payments. one-quarter of UTAM’s total costs to PCS licensees that are allowed to pay date on a pro rata shared basis. New for their licenses in installments under

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our designated entity rules will have will be based on the sum of signals received identical payment options available to at a microwave receiver from the PCS oper- them with respect to payments under ation. This appendix describes a procedure the cost-sharing plan. The specific for computing this PCS level. terms of the installment payment In general, the procedure involves four steps: mechanism, including the treatment of 1. Determine the geographical coordinates principal and interest, are the same as of all microwave receivers operating on co- those applicable to the licensee’s in- channel and adjacent frequencies within the stallment auction payments. If, for any coordination distance of each base station reason, the entity eligible for install- and the characteristics of each receiver, i.e., ment payments is no longer eligible for adjacent channel susceptibility, antenna such installment payments on its li- gain, pattern and height, and line and other cense, that entity is no longer eligible losses. for installment payments under the 2. Determine an equivalent isotropically radiated power (e.i.r.p.) for each base station cost-sharing plan. UTAM may make and equivalent e.i.r.p. values for the mobiles quarterly payments over a five-year pe- and portables associated with each base sta- riod with an interest rate of prime plus tion. Determine the values of pertinent cor- 2.5 percent. UTAM may also negotiate rection and weighting factors based on build- separate repayment arrangements with ing heights and density and distribution of other parties. portables. Close-in situations, prominent hills, and extra tall buildings require special [61 FR 29693, June 12, 1996, as amended at 62 treatment. FR 12757, Mar. 18, 1997] 3. Based on PCS e.i.r.p. values, correction and weighting factors, and microwave re- § 24.251 Dispute resolution under the ceiving system characteristics determined Cost-Sharing Plan. above, calculate the total interference power Disputes arising out of the cost-shar- at the input of each microwave receiver, ing plan, such as disputes over the using the Longley-Rice propagation model. amount of reimbursement required, 4. Based on the interference power level computed in step 3, determine interference must be brought, in the first instance, to each microwave receiver using criteria de- to the clearinghouse for resolution. To scribed in Part 24 and EIA/TIA Bulletin 10–F. the extent that disputes cannot be re- The interference from each base station solved by the clearinghouse, parties are and the mobiles and portables associated encouraged to use expedited ADR pro- with it is calculated as follows:

cedures, such as binding arbitration, Prbi = 10Log (ptbi)¥Lbi¥UCi + Gmwi¥Ci¥BPi mediation, or other ADR techniques. Prmi = 10Log (nmi × ptmi)¥Lmi¥UCi + Gmwi¥Ci P = 10Log (n × p )¥L ¥UC + G ¥C [61 FR 29693, June 12, 1996] rpsi psi tpsi psi i mwi i Prpbi = 10Log (npbi × ptpbi)¥Lpbi¥UCi¥(BPi¥BHi) + Gmwi¥Ci § 24.253 Termination of cost-sharing P = 10Log (n × p )¥L ¥(UC ¥BH ) + obligations. rpri pri tpri pri i i Gmwi¥Ci The cost-sharing plan will sunset for where: all PCS entities on April 4, 2005, which P refers to Power in dBm is ten years after the date that vol- p refers to power in milliwatts untary negotiations commenced for A Prbi = Power at MW receiver from ith base and B block PCS entities. Those PCS station in dBm entities that are paying their portion ptbi = e.i.r.p. transmitted from ith base sta- of relocation costs on an installment tion in milliwatts, which equals average basis must continue the payments power per channel × number of channels until the obligation is satisfied. × antenna gain with respect to an isotropic antenna ¥ line loss [61 FR 29693, June 12, 1996] Lbi = Path loss between MW and base station site in dB APPENDIX I TO SUBPART E OF PART 24— UCi = Urban correction factor in dB A PROCEDURE FOR CALCULATING Gmwi = Gain of MW antenna in pertinent di- PCS SIGNAL LEVELS AT MICROWAVE rection (dBi) RECEIVERS (APPENDIX E OF THE Ci = Channel discrimination of MW system in MEMORANDUM OPINION AND ORDER) dB Prmi = Power at MW receiver from mobiles as- The new Rules adopted in Part 24 stipulate sociated with ith base station that estimates of interference to fixed ptmi = e.i.r.p. transmitted from mobiles asso- microwave operations from a PCS operation ciated with ith base station

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nmi = Number of mobiles associated with ith ptpri = e.i.r.p. transmitted from rooftop base station portables associated with ith base sta-

Lmi = Path loss between MW and mobile tion transmitters in dB npri = Number of rooftop portables associated with ith base station Prpsi = Power at MW receiver from outdoor portables (s for sidewalk) Lpri = Path loss in dB between MW and base p = e.i.r.p. transmitted from outdoor station site (using average building tpsi height as effective antenna height) portables associated with ith base sta- BP = Building penetration loss at street tion i level in dB npsi = Number of outdoor portables associated BHi = Height gain for portables in buildings with ith base station dB = 2.5 × (nf–1), where nf is number of Lpsi = Path loss between MW and outdoor floors portables in dB NOTE: Where Ci varies from channel-to- Prpbi = Power at MW receiver from indoor channel, which often is the case, the summa- portables (b for building) tion process is more complex, requiring sum- ptpbi = e.i.r.p. transmitted from indoor mation at a channel level first. portables associated with ith base sta- Finally, the total PCS interference power tion at a given microwave receiver from all the npbi = number of indoor portables associated base stations in a given frequency band is with ith base station found by summing the contributions from Lpbi = Path loss in dB between MW and base the individual stations. Likewise, the total station site (using average building interference power at a given microwave re- height divided by 2 as effective antenna ceiver from all mobiles and portables oper- height) ating in a given frequency band is found by Prpri = Power at MW receiver from rooftop summing the contributions from the mobiles portables (r for rooftop) and portables associated with each cell.

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

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

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houses with scattered multiple-story apart- below the interference threshold, inter- ment buildings, shopping centers and open ference will be assumed to exist unless the areas), 10 dB. PCS licensee can demonstrate otherwise by The unadjusted urban correction factor, specific path loss calculations based on ter- UC, should not be applied to base station an- rain and building losses. tenna heights that are greater than 50 per- If any part of a cell or cell subdivision lies cent of the average building height for a cell. within the main beam of a co-channel micro- Building Height and Building Penetration wave antenna, there is no intervening ter- Factors. The building height correction, BH, rain obstructions, and the accumulative is a function of the average building height power of 5 percent or less of the mobiles, as- within the nominal coverage area of the base suming free space propagation would be 3 dB station. It is used in conjunction with the building penetration loss, BP, to adjust the or less below the interference threshold, in- expected interference contribution from that terference will be assumed to exist unless portion of the portables transmitting from the PCS licensee can demonstrate otherwise within buildings. The adjustment is given by specific path loss calculations based on by: terrain and building losses. BP = 20 dB in urban areas If a building within a cell or cell subdivi- BP = 10 dB in suburban areas sion lies within the main beam of a co-chan- BH = 2.5 × (nf–1) dB nel microwave antenna, there is no intervening terrain obstructions, and the cumu- where nf is the average height (number of floors) of the buildings in the area. lative power of 5 percent or fewer of the (Note that this formula implies a net gain portables, assuming free space propagation, when the average building height is greater would be 3 dB or less below the interference than 8 floors). All buildings more than twice threshold, interference will be assumed to the average height should be considered indi- exist unless the PCS licensee can dem- vidually. The contribution to BH from that onstrate otherwise by specific path loss cal- portion of portables in the building above culations based on terrain and building the average building height should be in- losses. creased by a factor of 20Log(h) dB, where h is the height of the portables above the average REFERENCES: building height in meters. 1. Longley, A.G. and Rice, P.L., ‘‘Pre- Channel Discrimination Factor. A factor diction of Tropospheric Radio Transmission based on the interference selectivity of the Loss Over Irregular Terrain, A Computer microwave receiver. Method-1968’’, ESSA Technical Report ERL Propagation Model. The PCS to microwave path loss, L, is calculated using the Longley- 79–ITS 67, Institute for Telecommunications Rice propagation model, Version 1.2.2., in the Sciences, July 1968. point-to-point mode. The Longley-Rice [1] 2. Rice, P.L. Longley, A.G., Norton, K.A., model was derived from NBS Technical Note Barsis, A.P., ‘‘Transmission Loss Predictions 101 [2], and updated in 1982 by Hufford [3]. for Tropospheric Communications Circuits,’’ Version 1.2.2 incorporated modifications de- NBS Technical Note 101 (Revised), Volumes I scribed in a letter by Hufford [4] in 1985. Ter- and II, U.S. Department of Commerce, 1967. rain elevations used as input to the model 3. Hufford, G.A., Longley, A.G. and Kissick, should be from the U.S. Geological Survey 3- W.A., ‘‘A Guide to the use of the ITS Irreg- second digitized terrain database. ular Terrain Model in the Area Prediction Special Situations. If a cell size is large com- Mode’’, NTIA Report 82–100, U.S. Department pared to the distance between the cell and a of Commerce, April 1982. Also, Circular let- microwave receiving site so that it subtends ter, dated January 30, 1985, from G.A. an angle greater than 5 degrees, the cell Hufford, identifying modifications to the should be subdivided and calculations should computer program. be based on the expected distribution of mo- 4. Hufford, G.A., Memorandum to Users of biles and portables within each subdivision. the ITS Irregular Terrain Model, Institute If terrain elevations within a cell differ by more than a factor of two-to-one, the cell for Telecommunications Sciences, U.S. De- should be subdivided and microwave inter- partment of Commerce, January 30, 1985. ference calculations should be based on the average terrain elevation for each subdivi- Subpart F—Competitive Bidding sion. If a co-channel PCS base station lies with- Procedures for Narrowband PCS in the main beam of a microwave antenna (±5 degrees), there is no intervening terrain ob- SOURCE: 59 FR 26747, May 24, 1994, unless structions, and the power at the microwave otherwise noted. receiver from that base station, assuming free space propagation, would be 3 dB or less

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§ 24.301 Narrowband PCS subject to § 24.403 Authorization required. competitive bidding. No person shall use or operate any Mutually exclusive initial applica- device for the transmission of energy tions for narrowband PCS service li- or communications by radio in the censes are subject to competitive bid- services authorized by this part except ding. The general competitive bidding as provided in this part. procedures set forth in part 1, subpart Q of this chapter will apply unless oth- § 24.404 Eligibility. erwise provided in this subpart. (a) General. Authorizations will be [67 FR 45367, July 9, 2002] granted upon proper application if: (1) The applicant is qualified under §§ 24.302–24.309 [Reserved] the applicable laws and the regulations, policies and decisions issued § 24.320 [Reserved] under the laws, including § 24.12; § 24.321 Designated entities. (2) There are frequencies available to provide satisfactory service; and (a) Eligibility for small business provi- (3) The public interest, convenience sions. (1) A small business is an entity or necessity would be served by a that, together with its controlling in- grant. terests and affiliates, has average gross (b) Alien ownership. A narrowband revenues not exceeding $ 40 million for PCS authorization to provide Commer- the preceding three years. cial Mobile Radio Service may not be (2) A very small business is an entity granted to or held by: that, together with its controlling in- (1) Any alien or the representative of terests and affiliates, has average gross any alien. revenues not exceeding $ 15 million for the preceding three years. (2) Any corporation organized under the laws of any foreign government. (b) Bidding credits. After August 7, 2000, a winning bidder that qualifies as (3) Any corporation of which more a small business, as defined in this sec- than one-fifth of the capital stock is tion, or a consortium of small busi- owned of record or voted by aliens or nesses may use the bidding credit spec- their representatives or by a foreign ified in § 1.2110(f)(2)(iii) of this chapter. government or representative thereof A winning bidder that qualifies as a or any corporation organized under the very small business, as defined in this laws of a foreign country. section, or a consortium of very small (4) Any corporation directly or indi- businesses may use the bidding credit rectly controlled by any other corpora- specified in § 1.2110(f)(2)(ii) of this chap- tion of which more than one-fourth of ter. the capital stock is owned or voted by (c) Installment payments. Small busi- aliens, their representatives, or by a nesses that are winning bidders on any foreign government or representative regional license prior to August 7, 2000 thereof, or by any corporation orga- will be eligible to pay the full amount nized under the laws of a foreign coun- of their winning bids in installments try, if the Commission finds that the over the term of the license pursuant public interest will be served by the re- to the terms set forth in § 1.2110(g) of fusal or revocation of such license. A this chapter. Narrowband PCS authorization to pro- [67 FR 45367, July 9, 2002, as amended at 68 vide Private Mobile Radio Service may FR 42998, July 21, 2003] not be granted to or held by a foreign government or a representative there- Subpart G—Interim Application, of. Licensing and Processing [59 FR 26749, May 24, 1994, as amended at 61 Rules for Narrowband PCS FR 55581, Oct. 28, 1996; 65 FR 35855, June 6, 2000]

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

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§§ 24.405–24.414 [Reserved] (3) Contain specific allegations of fact which, except for facts of which of- § 24.415 Technical content of applica- ficial notice may be taken, shall be tions; maintenance of list of station supported by affidavit of a person or locations. persons with personal knowledge there- (a) All applications required by this of, and which shall be sufficient to part shall contain all technical infor- demonstrate that the petitioner (or re- mation required by the application spondent) is a party in interest and forms or associated public notice(s). that a grant of, or other Commission Applications other than initial applica- action regarding, the application would tions for a narrowband PCS license be prima facie inconsistent with the must also comply with all technical republic interest; and quirements of the rules governing the (4) Contain a certificate of service narrowband PCS (see subparts C and D showing that it has been mailed to the as appropriate). The following para- applicant no later than the date of fil- graphs describe a number of general ing thereof with the Commission. technical requirements. (b) A petition to deny a major (b) Each application (except applica- amendment to a previously filed appli- tions for initial licenses filed on Form cation may only raise matters directly 175) for a radio station authorization related to the amendment which could for narrowband PCS must comply with not have been raised in connection the provisions of §§ 24.129 through with the underlying, previously filed 24.135. application. This does not apply to pe- (c)–(i) [Reserved] titioners who gain standing because of (j) The location of the transmitting the major amendment. antenna shall be considered to be the (c) Parties who file frivolous peti- station location. Narrowband PCS li- tions to deny may be subject to sanc- censees must maintain a current list of tions including monetary forfeitures, all station locations, which must de- license revocation, if they are FCC li- scribe the transmitting antenna site by censees, and may be prohibited from its geographical coordinates and also participating in future auctions. by conventional reference to street [59 FR 44072, Aug. 26, 1994, as amended at 65 number, landmark, or the equivalent. FR 35855, June 6, 2000] All such coordinates shall be specified in terms of degrees, minutes, and sec- § 24.431 Mutually exclusive applica- onds to the nearest second of latitude tions. and longitude. (a) The Commission will consider ap- [59 FR 26749, May 24, 1994; 59 FR 43898, Aug. plications to be mutually exclusive if 25, 1994] their conflicts are such that the grant of one application would effectively §§ 24.416–24.429 [Reserved] preclude by reason of harmful electrical interference, or other practical § 24.430 Opposition to applications. reason, the grant of one or more of the (a) Petitions to deny (including peti- other applications. The Commission tions for other forms of relief) and re- will presume ‘‘harmful electrical inter- sponsive pleadings for Commission conference’’ to mean interference which sideration must comply with § 1.2108 of would result in a material impairment this chapter and must: to service rendered to the public de- (1) Identify the application or appli- spite full cooperation in good faith by cations (including applicant’s name, all applicants or parties to achieve rea- station location, Commission file num- sonable technical adjustments which bers and radio service involved) with would avoid electrical conflict. which it is concerned; (b) Mutually exclusive applications (2) Be filed in accordance with the filed on Form 175 for the initial provi- pleading limitations, filing periods, sion of narrowband PCS service are and other applicable provisions of subject to competitive bidding in ac- §§ 1.41 through 1.52 of this chapter ex- cordance with the procedures in sub- cept where otherwise provided in part F of this part and in 47 CFR part § 1.2108 of this chapter; 1, subpart Q.

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(c) An application will be entitled to erations or other investments, business comparative consideration with one or development, or expanded service shall more conflicting applications only if not be considered. the Commission determines that such (3) Tiers. (i) For purposes of deter- comparative consideration will serve mining spectrum to which the eligi- the public interest. bility requirements of this section are applicable, the BTA service areas (see §§ 24.432–24.444 [Reserved] § 24.202(b)) are divided into two tiers according to their population as follows: Subpart H—Competitive Bidding (A) Tier 1: BTA service areas with Procedures for Broadband PCS population equal to or greater than 2.5 million; SOURCE: 59 FR 37604, July 22, 1994, unless (B) Tier 2: BTA service areas with otherwise noted. population less than 2.5 million. (ii) For Auction No. 35, the popu- § 24.701 Broadband PCS subject to lation of individual BTA service areas competitive bidding. will be based on the 1990 census. For Mutually exclusive initial applica- auctions beginning after the start of tions for broadband PCS service li- Auction No. 35, the population of indi- censes are subject to competitive bid- vidual BTA service areas will be based ding. The general competitive bidding on the most recent available decennial procedures set forth in part 1, subpart census. Q of this chapter will apply unless oth- (4) Application of eligibility require- erwise provided in this subpart. ments. (i) The following categories of [67 FR 45367, July 9, 2002] licenses will be subject to closed bidding pursuant to the eligibility re- §§ 24.702–24.708 [Reserved] quirements of this section in auctions that begin after the effective date of § 24.709 Eligibility for licenses for fre- this paragraph. quency Blocks C or F. (A) For Tier 1 BTAs, one of the 10 (a) General rule for licenses offered for MHz C block licenses (1895–1900 MHz closed bidding. (1) No application is ac- paired with 1975–1980 MHz); ceptable for filing and no license shall (B) For Tier 2 BTAs, two of the 10 be granted to a winning bidder in MHz C block licenses (1895–1900 MHz closed bidding for frequency block C or paired with 1975–1980 MHz; 1900–1905 frequency block F, unless the appli- MHz paired with 1980–1985 MHz) and all cant, together with its affiliates and 15 MHz C block licenses. persons or entities that hold interests (ii) Notwithstanding the provisions of in the applicant and their affiliates, paragraph (a)(4)(i) of this section, any have had gross revenues of less than C block license for operation on spec- $125 million in each of the last two trum that has been offered, but not years and total assets of less than $500 won by a bidder, in closed bidding in million at the time the applicant’s any auction beginning on or after short-form application (Form 175) is March 23, 1999, will not be subject in a filed. subsequent auction to closed bidding (2) Any licensee awarded a license pursuant to the eligibility require- won in closed bidding pursuant to the ments of this section. eligibility requirements of this section (5) Special rule for licensees (or pursuant to § 24.839(a)(2)) shall disaggregating or returning certain maintain its eligibility until at least spectrum in frequency block C. five years from the date of initial li- (i) In addition to entities qualifying cense grant, except that a licensee’s (or for closed bidding under paragraph other attributable entity’s) increased (a)(1) of this section, any entity that gross revenues or increased total assets was eligible for and participated in the due to nonattributable equity invest- auction for frequency block C, which ments (i.e., from sources whose gross began on December 18, 1995, or the re- revenues and total assets are not con- auction for frequency block C, which sidered under paragraph (b) of this sec- began on July 3, 1996, will be eligible to tion), debt financing, revenue from op- bid for C block licenses offered in

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

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

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of initial license grant, the applicant’s member is a preexisting entity, the 50.1 (or licensee’s) control group must own percent minimum equity requirements at least 50.1 percent of the applicant’s set forth in paragraph (b)(1)(vi)(A) of (or licensee’s) total equity as follows: this section shall apply, except that (1) At least 30 percent of the appli- only 20 percent of the applicant’s (or li- cant’s (or licensee’s) total equity must censee’s) total equity must be held by be held by qualifying investors, either qualifying investors, and that the re- unconditionally or in the form of op- maining 30.1 percent of the applicant’s tions, exercisable at the option of the (or licensee’s) total equity may be held holder, at any time and at any exercise by qualifying investors, or noncontrol- price equal to or less than the market ling existing investors in such control value at the time the applicant files its group member or individuals that are short-form application (Form 175); members of the applicant’s (or licens- (2) Such qualifying investors must hold ee’s) management. These restrictions 50.1 percent of the voting stock and all on the identity of the holder(s) of the general partnership interests within remaining 30.1 percent of the licensee’s the control group and must have de total equity no longer apply after ter- facto control of the control group and mination of the three-year period spec- of the applicant; ified in paragraph (b)(1)(vi)(A) of this (3) The remaining 20.1 percent of the section. applicant’s (or licensee’s) total equity (vii) Calculation of certain interests. may be owned by qualifying investors, Except as provided in paragraphs either unconditionally or in the form (b)(1)(v) and (b)(1)(vi) of this section, of stock options not subject to the re- ownership interests shall be calculated strictions of paragraph (b)(1)(vi)(A)(1) on a fully diluted basis; all agreements of this section, or by any of the fol- such as warrants, stock options and lowing entities which may not comply convertible debentures will generally with § 24.720(g)(1): be treated as if the rights thereunder (i) Institutional investors, either un- already have been fully exercised, ex- conditionally or in the form of stock cept that such agreements may not be options; used to appear to terminate or divest (ii) Noncontrolling existing investors ownership interests before they actu- in any preexisting entity that is a mem- ally do so, in order to comply with the ber of the control group, either uncondi- nonattributable equity requirements in tionally or in the form of stock op- paragraphs (b)(1)(iii)(A) and tions; (b)(1)(iv)(A) of this section. (iii) Individuals that are members of (viii) Aggregation of affiliate interests. the applicant’s (or licensee’s) manage- Persons or entities that hold interest ment, either unconditionally or in the in an applicant (or licensee) that are form of stock options; or affiliates of each other or have an iden- (iv) Qualifying investors, as specified tify of interests identified in in § 24.720(g)(3). § 1.2110(c)(5)(iii) will be treated as (4) Following termination of the though they were one person or entity three-year period specified in para- and their ownership interests aggre- graph (b)(1)(vi)(A) of this section, quali- gated for purposes of determining an fying investors must continue to own at applicant’s (or licensee’s) compliance least 20 percent of the applicant’s (or with the nonattributable equity re- licensee’s) total equity unconditionally quirements in paragraphs (b)(1)(iii)(A) or in the form of stock options subject and (b)(1)(iv)(A) of this section. to the restrictions in paragraph Example 1 for paragraph (b)(1)(viii). ABC (b)(1)(vi)(A)(1) of this section. The re- Corp. is owned by individuals, A, B, and C, strictions specified in paragraph each having an equal one-third voting inter- (b)(1)(vi)(A)(3)(i) through est in ABC Corp. A and B together, with two- (b)(1)(vi)(A)(3)(iv) of this section no thirds of the stock have the power to control longer apply to the remaining equity ABC Corp. and have an identity of interest. If A & B invest in DE Corp., a broadband PCS after termination of such three-year applicant for block C, A and B’s separate in- period. terests in DE Corp. must be aggregated be- (B) At the election of an applicant (or cause A and B are to be treated as one per- licensee) whose control group’s sole son.

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Example 2 for paragraph (b)(1)(viii). ABC makes the election in either paragraph Corp. has subsidiary BC Corp., of which it (b)(1)(v)(B) or (b)(1)(vi)(B)of this sec- holds a controlling 51 percent of the stock. If tion; and ABC Corp. and BC Corp., both invest in DE Corp., their separate interests in DE Corp. (E) For an applicant that is a publicly must be aggregated because ABC Corp. and traded corporation with widely disbursed BC Corp. are affiliates of each other. voting power: (1) A certified statement that such (2) The following provisions apply to li- applicant complies with the require- censes acquired pursuant to § 24.839(a)(2) ments of the definition of publicly or (a)(3) on or after October 30, 2000. In traded corporation with widely dis- addition to the eligibility requirements bursed voting power set forth in set forth at 24.709(a) and (b), applicants § 24.720(f); and/or licensees seeking to acquire C (2) The identity of each affiliate of the and/or F block licenses pursuant to applicant. 24.839(a)(2) or (a)(3) will be subject to (iii) For each applicant claiming sta- the controlling interest standard in tus as a small business consortium, the 1.2110(c)(2) of this chapter for purposes information specified in paragraph of determining unjust enrichment pay- (c)(1)(ii) of this section, for each mem- ment obligations. See § 1.2111 of this ber of such consortium. chapter. (c) Short-form and long-form applica- (2) Long-form application. In addition tions: Certifications and disclosure—(1) to the requirements in subpart I of this Short-form application. In addition to part and other applicable rules (e.g., certifications and disclosures required §§ 20.6(e) and 20.9(b) of this chapter), by part 1, subpart Q of this chapter, each applicant submitting a long-form each applicant to participate in closed application for a license(s) for fre- bidding for frequency block C or frequency block C or F shall in an exhibit quency block F shall certify on its to its long-form application: short-form application (Form 175) that (i) Disclose separately and in the ag- it is eligible to bid on and obtain such gregate the gross revenues and total as- license(s), and (if applicable) that it is sets, computed in accordance with para- eligible for designated entity status graphs (a) and (b) of this section, for pursuant to this section and § 24.720, each of the following: The applicant; and shall append the following infor- the applicant’s affiliates, the appli- mation as an exhibit to its Form 175: cant’s control group members; the ap- (i) For all applicants: The applicant’s plicant’s attributable investors; and af- gross revenues and total assets, com- filiates of its attributable investors; puted in accordance with paragraphs (ii) List and summarize all agree- (a) of this section and § 1.2110(b)(1) ments or other instruments (with ap- through (b)(2) of this chapter. propriate references to specific provi- (ii) For all applicants that partici- sions in the text of such agreements pated in Auction Nos. 5, 10, 11, and/or and instruments) that support the ap- 22: plicant’s eligibility for a license(s) for (A) The identity of each member of frequency block C or frequency block F the applicant’s control group, regardless and its eligibility under §§ 24.711, 24.712, of the size of each member’s total in- 24.714 and 24.720, including the estab- terest in the applicant, and the per- lishment of de facto and de jure control; centage and type of interest held; such agreements and instruments in- (B) The status of each control group clude articles of incorporation and by- member that is an institutional investor, laws, shareholder agreements, voting an existing investor, and/or a member of or other trust agreements, partnership the applicant’s management; agreements, management agreements, (C) The identity of each affiliate of joint marketing agreements, franchise the applicant and each affiliate of indi- agreements, and any other relevant viduals or entities identified pursuant agreements (including letters of in- to paragraphs (C)(1)(ii)(A) and tent), oral or written; and (c)(1)(ii)(B) of this section; (iii) List and summarize any investor (D) A certification that the appli- protection agreements and identify cant’s sole control group member is a specifically any such provisions in preexisting entity, if the applicant those agreements identified pursuant

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to paragraph (c)(2)(ii) of this section, cense is granted, plus 3.5 percent; pay- including rights of first refusal, super- ments shall include both principal and majority clauses, options, veto rights, interest amortized over the term of the and rights to hire and fire employees license. and to appoint members to boards of (b) For an eligible licensee with gross directors or management committees. revenues not exceeding $75 million (cal- (3) Records maintenance. All appli- culated in accordance with § 1.2110(b) of cants, including those that are winning this chapter and § 24.709(b)) in each of bidders, shall maintain at their prin- the two preceding years, interest shall cipal place of business an updated file be imposed based on the rate for ten- of ownership, revenue and asset infor- year U.S. Treasury obligations applica- mation, including those documents ref- ble on the date the license is granted, erenced in paragraphs (c)(2)(ii) and plus 2.5 percent; payments shall in- (c)(2)(iii) of this section and any other clude interest only for the first year documents necessary to establish eligi- and payments of interest and principal bility under this section and any other amortized over the remaining nine documents necessary to establish eligi- years of the license term. bility under this section or under the (c) For an eligible licensee that definition of small business. Licensees qualifies as a small business or as a (and their successors in interest) shall consortium of small businesses, inter- maintain such files for the term of the est shall be imposed based on the rate license. Applicants that do not obtain for ten-year U.S. Treasury obligations the license(s) for which they applied applicable on the date the license is shall maintain such files until the granted; payments shall include inter- grant of such license(s) is final, or one est only for the first six years and pay- year from the date of the filing of their ments of interest and principal amor- short-form application (Form 175), tized over the remaining four years of whichever is earlier. the license term. (d) Definitions. The terms control [67 FR 45371, July 9, 2002, as amended at 68 group, existing investor, institutional FR 42999, July 21, 2003] investor, nonattributable equity, preexisting entity, publicly traded cor- § 24.712 Bidding credits for licenses poration with widely dispersed voting won for frequency Block C. power, qualifying investor, and small (a) Except with respect to licenses business used in this section are de- won in closed bidding in auctions that fined in § 24.720. begin after March 23, 1999, a winning [67 FR 45368, July 9, 2002, as amended at 68 bidder that qualifies as a small busi- FR 42998, July 21, 2003] ness, as defined in § 24.720(b)(1), or a consortium of small businesses may § 24.710 [Reserved] use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this § 24.711 Installment payments for li- chapter, to lower the cost of its win- censes for frequency Block C. ning bid. Installment payments. Each eligible (b) Except with respect to licenses licensee of frequency Block C may pay won in closed bidding in auctions that the remaining 90 percent of the net begin after March 23, 1999, a winning auction price for the license in install- bidder that qualifies as a very small ment payments pursuant to § 1.2110(f) business, as defined in § 24.720(b)(2), or a of this chapter and under the following consortium of very small businesses terms: may use a bidding credit of twenty-five (a) For an eligible licensee with gross percent as specified in § 1.2110(f)(2)(ii) of revenues exceeding $75 million (cal- this chapter, to lower the cost of its culated in accordance with § 1.2110(n) of winning bid. this chapter and § 24.709(b)) in each of (c) Unjust enrichment. The unjust en- the two preceding years (calculated in richment provisions of § 1.2111(d) and accordance with § 1.2110(n) of this chap- (e)(2) of this chapter shall not apply ter), interest shall be imposed based on with respect to licenses acquired in ei- the rate for ten-year U.S. Treasury ob- ther the auction for frequency block C ligations applicable on the date the li- that began on December 18, 1995, or the

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reauction of block C spectrum that (3) Combined partitioning and began on July 3, 1996. disaggregation. The Commission will consider requests for partial assign- [67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003] ment of licenses that propose combinations of partitioning and § 24.713 [Reserved] disaggregation. (c) Installment payments—(1) Appor- § 24.714 Partitioned licenses and tioning the balance on installment pay- disaggregated spectrum. ment plans. When a winning bidder (a) Eligibility. (1) Parties seeking ap- elects to pay for its license through an proval for partitioning and installment payment plan pursuant to disaggregation shall request an author- § 1.2110(g) of this chapter or § 24.716, and ization for partial assignment of a li- partitions its licensed area or cense pursuant to § 24.839. disaggregates spectrum to another (2) Broadband PCS licensees in spec- party, the outstanding balance owed by trum blocks A, B, D, and E and the licensee on its installment pay- broadband PCS C and F block licenses ment plan (including accrued and un- not subject to the eligibility require- paid interest) shall be apportioned be- ments of § 24.709 may apply to partition tween the licensee and partitionee or their licensed geographic service area disaggregatee. Both parties will be re- or disaggregate their licensed spectrum sponsible for paying their propor- at any time following the grant of tionate share of the outstanding bal- their licenses. ance to the U.S. Treasury. In the case (3) Broadband PCS licensees that ac- of partitioning, the balance shall be ap- quired C or F block licenses in closed portioned based upon the ratio of the bidding subject to the eligibility re- population of the partitioned area to quirements of § 24.709 may partition the population of the entire original li- their licensed geographic service area cense area calculated based upon the or disaggregate their licensed spectrum most recent census data. In the case of at any time to an entity that meets disaggregation, the balance shall be ap- the eligibility criteria set forth in portioned based upon the ratio of the § 24.709 at the time the request for par- amount of spectrum disaggregated to tial assignment of license is filed or to the amount of spectrum allocated to an entity that holds license(s) for fre- the licensed area. quency blocks C and F that met the (2) Parties not qualified for installment eligibility criteria set forth in § 24.709 payment plans. (i) When a winning bid- at the time of receipt of such li- der elects to pay for its license through cense(s). Partial assignment applica- an installment payment plan, and par- tions seeking partitioning or titions its license or disaggregates disaggregation of broadband PCS li- spectrum to another party that would censes in spectrum blocks C and F not qualify for an installment payment must include an attachment dem- plan or elects not to pay its share of onstrating compliance with this sec- the license through installment pay- tion. ments, the outstanding balance owed (b) Technical standards—(1) Parti- by the licensee (including accrued and tioning. In the case of partitioning, ap- unpaid interest shall be apportioned plicants and licensees must file FCC according to § 24.714(c)(1)). Form 603 pursuant to § 1.948 of this (ii) The partitionee or disaggregatee chapter and list the partitioned service shall, as a condition of the approval of area on a schedule to the application. the partial assignment application, pay The geographic coordinates must be its entire pro rata amount within 30 specified in degrees, minutes, and sec- days of Public Notice conditionally onds to the nearest second of latitude granting the partial assignment appli- and longitude and must be based upon cation. Failure to meet this condition the 1983 North American Datum will result in a rescission of the grant (NAD83). of the partial assignment application. (2) Disaggregation. Spectrum may be (iii) The licensee shall be permitted disaggregated in any amount. to continue to pay its pro rata share of

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the outstanding balance and shall re- rate, established pursuant to ceive new financing documents (prom- § 1.2110(g)(3)(i) of this chapter at the issory note, security agreement) with a time of the grant of the initial license revised payment obligation, based on in the market, shall continue to be ap- the remaining amount of time on the plied to both parties’ portion of the original installment payment schedule. balance due. Each party will receive a These financing documents will replace license for their portion of the parti- the licensee’s existing financing docu- tioned market or disaggregated spec- ments, which shall be marked ‘‘super- trum. seded’’ and returned to the licensee (iii) A default on an obligation will upon receipt of the new financing docu- only affect that portion of the market ments. The original interest rate, es- area held by the defaulting party. tablished pursuant to § 1.2110(g)(3)(i) of (iv) Partitionees and disaggregatees this chapter at the time of the grant of that qualify for installment payment the initial license in the market, shall plans may elect to pay some of their continue to be applied to the licensee’s pro rata portion of the balance due in portion of the remaining government a lump sum payment to the U.S. Treas- obligation. The Commission will re- ury and to pay the remaining portion quire, as a further condition to ap- of the balance due pursuant to an in- proval of the partial assignment appli- stallment payment plan. cation, that the licensee execute and (d) License term. The license term for return to the U.S. Treasury the new fi- a partitioned license area and for nancing documents within 30 days of disaggregated spectrum shall be the re- the Public Notice conditionally grant- mainder of the original licensee’s li- ing the partial assignment application. cense term as provided for in § 24.15. Failure to meet this condition will re- [62 FR 661, Jan. 6, 1997, as amended at 63 FR sult in the automatic cancellation of 68953, Dec. 14, 1998; 65 FR 53638, Sept. 5, 2000; the grant of the partial assignment ap- 67 FR 45371, July 9, 2002; 68 FR 42999, July 21, plication. 2003; 82 FR 41547, Sept. 1, 2017] (iv) A default on the licensee’s payment obligation will only affect the li- § 24.716 Installment payments for licensee’s portion of the market. censes for frequency Block F. (3) Parties qualified for installment pay- Installment Payments. Each eligible li- ment plans. (i) Where both parties to a censee of frequency Block F may pay partitioning or disaggregation agree- the remaining 80 percent of the net ment qualify for installment payments, auction price for the license in install- the partitionee or disaggregatee will be ment payments pursuant to § 1.2110(g) permitted to make installment pay- of this chapter and under the following ments on its portion of the remaining terms: government obligations, as calculated (a) For an eligible licensee with gross according to § 24.714(c)(1). revenues exceeding $75 million (cal- (ii) Each party will be required, as a culated in accordance with § 1.2110(b) of condition to approval of the partial as- this chapter and, when applicable, signment application, to execute sepa- § 24.709(b)) in each of the two preceding rate financing documents (promissory years (calculated in accordance with note, security agreement) agreeing to § 1.2110(n) of this chapter), interest pay their pro rata portion of the bal- shall be imposed based on the rate for ance due (including accrued and unpaid ten-year U.S. Treasury obligations ap- interest) based upon the installment plicable on the date the license is payment terms for which they qualify granted, plus 3.5 percent; payments under the rules. The financing docu- shall include both principal and inter- ments must be returned to the U.S. est amortized over the term of the li- Treasury within thirty (30) days of the cense; Public Notice conditionally granting (b) For an eligible licensee with gross the partial assignment application. revenues not exceeding $75 million (cal- Failure by either party to meet this culated in accordance with § 1.2110(b) of condition will result in the automatic this chapter and, when applicable, cancellation of the grant of the partial § 24.709(b)) in each of the two preceding assignment application. The interest years (calculated in accordance with

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§ 1.2110(n) of this chapter), interest than $40 million for the preceding three shall be imposed based on the rate for years. ten-year U.S. Treasury obligations ap- (2) A very small business is an entity plicable on the date the license is that, together with its affiliates and granted, plus 2.5 percent; payments persons or entities that hold interests shall include interest only for the first in such entity and their affiliates, has year and payments of interest and average annual gross revenues that are principal amortized over the remaining not more than $15 million for the pre- nine years of the license term; or ceding three years. (c) For an eligible licensee that (c) Institutional Investor. An institu- qualifies as a small business or as a tional investor is an insurance company, consortium of small businesses, inter- a bank holding stock in trust accounts est shall be imposed based on the rate through its trust department, or an infor ten-year U.S. Treasury obligations vestment company as defined in 15 applicable on the date the license is U.S.C. 80a–3(a), including within such granted; payments shall include inter- definition any entity that would other- est only for the first two years and wise meet the definition of investment payments of interest and principal am- company under 15 U.S.C. 80a–3(a) but is ortized over the remaining eight years excluded by the exemptions set forth in of the license term. 15 U.S.C. 80a–3(b) and (c), without re- [67 FR 45371, July 9, 2002, as amended at 68 gard to whether such entity is an FR 42999, July 21, 2003] issuer of securities; provided that, if such investment company is owned, in § 24.717 Bidding credits for licenses whole or in part, by other entities, for frequency Block F. such investment company, such other (a) Except with respect to licenses entities and the affiliates of such other won in closed bidding in auctions that entities, taken as a whole, must be pri- begin after March 23, 1999, a winning marily engaged in the business of in- bidder that qualifies as a small busi- vesting, reinvesting or trading in secu- ness, as defined in § 24.720(b)(1), or a rities or in distributing or providing in- consortium of small businesses may vestment management services for se- use a bidding credit of fifteen percent, curities. as specified in § 1.2110(f)(2)(iii) of this (d) Nonattributable Equity—(1) Non- chapter, to lower the cost of its win- attributable equity shall mean: ning bid. (i) For corporations, voting stock or (b) Except with respect to licenses non-voting stock that includes no more won in closed bidding in auctions that than twenty-five percent of the total begin after March 23, 1999, a winning voting equity, including the right to bidder that qualifies as a very small vote such stock through a voting trust business, as defined in § 24.720(b)(2), or a or other arrangement; consortium of very small businesses (ii) For partnerships, joint ventures may use a bidding credit of twenty-five and other non-corporate entities, lim- percent as specified in § 1.2110(f)(2)(ii) of ited partnership interests and similar this chapter, to lower the cost of its interests that do not afford the power winning bid. to exercise control of the entity. [68 FR 42999, July 21, 2003] (2) For purposes of assessing compliance with the equity limits in § 24.709 § 24.720 Definitions. (b)(1)(iii)(A) and (b)(1)(iv)(A), where (a) Scope. The definitions in this sec- such interests are not held directly in tion apply to §§ 24.709 through 24.717, the applicant, the total equity held by unless otherwise specified in those sec- a person or entity shall be determined tions. by successive multiplication of the (b) Small and very small business. (1) A ownership percentages for each link in small business is an entity that, to- the vertical ownership chain. gether with its affiliates and persons or (e) Control Group. A control group is entities that hold interest in such enti- an entity, or a group of individuals or ty and their affiliates, has average an- entities, that possesses de jure control nual gross revenues that are not more and de facto control of an applicant or

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licensee, and as to which the appli- body of such publicly traded corpora- cant’s or licensee’s charters, bylaws, tion, in their capacities as such, has de agreements and any other relevant facto control. documents (and amendments thereto) (4) The term person shall be defined provide: as in section 13(d) of the Securities and (1) That the entity and/or its mem- Exchange Act of 1934, as amended (15 bers own unconditionally at least 50.1 U.S.C. 78(m)), and shall also include in- percent of the total voting interests of vestors that are commonly controlled a corporation; under the indicia of control set forth in (2) That the entity and/or its mem- the definition of affiliate in bers receive at least 50.1 percent of the § 1.2110(c)(5) of the Commission’s rules. annual distribution or any dividends (g) Qualifying investor. (1) A quali- paid on the voting stock of a corpora- fying investor is a person who is (or tion; holds an interest in) a member of the (3) That, in the event of dissolution applicant’s (or licensee’s) control group or liquidation of a corporation, the en- and whose gross revenues and total as- tity and/or its members are entitled to sets, when aggregated with those of all receive 100 percent of the value of each other attributable investors and affili- share of stock in its possession and a ates, do not exceed the gross revenues percentage of the retained earnings of and total assets limits specified in the concern that is equivalent to the § 24.709(a), or, in the case of an appli- amount of equity held in the corpora- cant (or licensee) that is a small busi- tion; and ness, do not exceed the gross revenues (4) That, for other types of busi- limit specified in paragraph (b) of this nesses, the entity and/or its members section. have the right to receive dividends, (2) For purposes of assessing compli- profits and regular and liquidating dis- ance with the minimum equity require- tributions from the business in propor- ments of § 24.709(b)(1)(v) and (b)(1)(vi), tion to the amount of equity held in where such equity interests are not the business. held directly in the applicant, interests NOTE TO PARAGRAPH (e): Voting control held by qualifying investors shall be does not always assure de facto control, such determined by successive multiplica- as for example, when the voting stock of the tion of the ownership percentages for control group is widely dispersed (see e.g., each link in the vertical ownership § 1.2110(c)(5)(ii)(C) of this chapter). chain. (f) Publicly Traded Corporation with (3) For purposes of Widely Dispersed Voting Power. A pub- § 24.709(b)(1)(v)(A)(3) and (b)(1)(vi)(A)(3), licly traded corporation with widely a qualifying investor is a person who is dispersed voting power is a business en- (or holds an interest in) a member of tity organized under the laws of the the applicant’s (or licensee’s) control United States: group and whose gross revenues and (1) Whose shares, debt, or other own- total assets do not exceed the gross ership interests are traded on an orga- revenues and total assets limits speci- nized securities exchange within the fied in § 24.709(a). United States; (h) Preexisting entity; Existing investor. (2) In which no person: A preexisting entity is an entity that (i) Owns more than 15 percent of the was operating and earning revenues for equity; or at least two years prior to December (ii) Possesses, directly or indirectly, 31, 1994. An existing investor is a person through the ownership of voting securi- or entity that was an owner of record ties, by contract or otherwise, the of a preexisting entity’s equity as of power to control the election of more November 10, 1994, and any person or than 15 percent of the members of the entity acquiring de minimis equity hold- board of directors or other governing ings in a preexisting entity after that body of such publicly traded corpora- date. tion; and NOTE TO PARAGRAPH (h): In applying the (3) Over which no person other than term existing investor to de minimis interests the management and members of the in preexisting entities obtained or increased board of directors or other governing after November 10, 1994, the Commission will

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scrutinize any significant restructuring of (c) A broadband PCS authorization to the preexisting entity that occurs after that provide Private Mobile Radio Service date and will presume that any change of eq- may not be granted to or held by a for- uity that is five percent or less of the pre- eign government or a representative existing entity’s total equity is de minimis. The burden is on the applicant (or licensee) to thereof. demonstrate that changes that exceed five [59 FR 37610, July 22, 1994, as amended at 61 percent are not significant. FR 55581, Oct. 28, 1996] [67 FR 45372, July 9, 2002, as amended at 68 FR 42999, July 21, 2003; 68 FR 57829, Oct. 7, §§ 24.805–24.814 [Reserved] 2003] § 24.815 Technical content of applications; maintenance of list of station Subpart I—Interim Application, Li- locations. censing, and Processing Rules (a) All applications required by this for Broadband PCS part shall contain all technical information required by the application SOURCE: 59 FR 37610, July 22, 1994, unless forms or associated Public Notice(s). otherwise noted. Applications other than initial applications for a broadband PCS license must §§ 24.801–24.803 [Reserved] also comply with all technical requirements of the rules governing the § 24.804 Eligibility. broadband PC (see subparts C and E of (a) General. Authorizations will be this part as appropriate). The following granted upon proper application if: paragraphs describe a number of gen- (1) The applicant is qualified under eral technical requirements. all applicable laws and Commission (b) Each application (except applica- regulations, policies and decisions; tions for initial licenses filed on Form (2) There are frequencies available to 175) for a license for broadband PCS provide satisfactory service; and must comply with the provisions of (3) The public interest, convenience §§ 24.229–24.238 of the Commission’s or necessity would be served by a Rules. grant. (c)–(i) [Reserved] (b) Alien ownership. A broadband (j) The location of the transmitting PCS authorization to provide Commer- antenna shall be considered to be the cial Mobile Radio Service may not be station location. Broadband PCS li- granted to or held by: censees must maintain a current list of (1) Any alien or the representative of all station locations, which must de- any alien. scribe the transmitting antenna site by (2) Any corporation organized under its geographical coordinates and also the laws of any foreign government. by conventional reference to street (3) Any corporation of which more number, landmark, or the equivalent. than one-fifth of the capital stock is All such coordinates shall be specified owned of record or voted by aliens or in terms of degrees, minutes, and sec- their representatives or by a foreign onds to the nearest second of latitude government or representative thereof and longitude. or any corporation organized under the laws of another country. §§ 24.816–24.829 [Reserved] (4) Any corporation directly or indirectly controlled by any other corpora- § 24.830 Opposition to applications. tion of which more than one-fourth of (a) Petitions to deny (including peti- the capital stock is owned of record or tions for other forms of relief) and re- voted by aliens, their representatives, sponsive pleadings for Commission con- or by a foreign government or rep- sideration must comply with § 1.2108 of resentative thereof, or by any corpora- this chapter and must: tion organized under the laws of a for- (1) Identify the application or appli- eign country, if the Commission finds cations (including applicant’s name, that the public interest will be served station location, Commission file num- by the refusal or revocation of such a bers and radio service involved) with license. which it is concerned;

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(2) Be filed in accordance with the (d)–(j) [Reserved] pleading limitations, filing periods, and other applicable provisions of § 24.832 [Reserved] §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 24.833 Post-auction divestitures. § 1.2108 of this chapter; Any parties sharing a common non- (3) Contain specific allegations of controlling ownership interest who ag- fact which, except for facts of which of- gregate more PCS spectrum among ficial notice may be taken, shall be them than a single entity is entitled to supported by affidavit of a person or hold (See §§ 20.6(e), 24.710, 24.204, persons with personal knowledge there- 24.229(c) of this chapter) will be per- of, and which shall be sufficient to mitted to divest sufficient properties demonstrate that the petitioner (or re- within 90 days of the license grant to spondent) is a party in interest and come into compliance with the spec- that a grant of, or other Commission trum aggregation limits as follows: action regarding, the application would (a) The broadband PCS applicant be prima facie inconsistent with the shall submit a signed statement with public interest; its long-form application stating that (4) Be filed within thirty (30) days sufficient properties will be divested after the date of public notice announc- within 90 days of the license grant. If ing the acceptance for filing of any the licensee is otherwise qualified, the such application or major amendment Commission will grant the applications thereto (unless the Commission other- subject to a condition that the licensee wise extends the filing deadline); and come into compliance with the PCS (5) Contain a certificate of service spectrum aggregation limits within 90 showing that it has been mailed to the days of grant. applicant no later than the date of fil- (b) Within 90 days of license grant, ing thereof with the Commission. the licensee must certify that the ap- (b) A petition to deny a major plicant and all parties to the applica- amendment to a previously-filed appli- tion have come into compliance with cation may only raise matters directly the PCS spectrum aggregation limits. related to the amendment which could If the licensee fails to submit the cer- not have been raised in connection tification within 90 days, the Commis- with the underlying previously-filed sion will immediately cancel all application. This subsection does not broadband PCS licenses won by the ap- apply, however, to petitioners who gain plicant, impose the default penalty standing because of the major amend- and, based on the facts presented, take ment. any other action it may deem appropriate. Divestiture may be to an in- § 24.831 Mutually exclusive applica- terim trustee if a buyer has not been tions. secured in the required time frame, as (a) The Commission will consider ap- long as the applicant has no interest in plications for broadband PCS licenses or control of the trustee, and the trust- to be mutually exclusive if they relate ee may dispose of the property as it to the same geographical boundaries sees fit. In no event may the trustee re- (MTA or BTA) and are timely filed for tain the property for longer than six the same frequency block. months from grant of license. (b) Mutually exclusive applications [59 FR 53371, Oct. 24, 1994] filed on Form 175 for the initial provision of broadband PCS are subject to §§ 24.834–24.838 [Reserved] competitive bidding in accordance with the procedures in subpart H of this part § 24.839 Transfer of control or assign- and in part 1, subpart Q of this chapter. ment of license. (c) An application will be entitled to (a) Restrictions on Assignments and comparative consideration with one or Transfers of Licenses for Frequency more conflicting applications only if Blocks C and F won in closed bidding. the Commission determines that such No assignment or transfer of control of comparative consideration will serve a license for frequency Block C or fre- the public interest. quency Block F won in closed bidding

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pursuant to the eligibility require- §§ 24.840–24.844 [Reserved] ments of § 24.709 will be granted unless: (1) The application for assignment or PART 25—SATELLITE transfer of control is filed after five COMMUNICATIONS years from the date of the initial license grant; or Subpart A—General (2) The proposed assignee or transferee meets the eligibility criteria set Sec. 25.101 Basis and scope. forth in § 24.709 of this part at the time 25.102 Station authorization required. the application for assignment or 25.103 Definitions. transfer of control is filed, or the pro- 25.104 Preemption of local zoning of earth posed assignee or transferee holds stations. other license(s) for frequency blocks C 25.105 Citizenship. 25.106–25.107 [Reserved] and F and, at the time of receipt of 25.108 Incorporation by reference. such license(s), met the eligibility cri- 25.109 Cross-reference. teria set forth in § 24.709 of this part; or (3) The application is for partial as- Subpart B—Applications and Licenses

signment of a partitioned service area GENERAL APPLICATION FILING REQUIREMENTS to a rural telephone company pursuant to § 24.714 of this part and the proposed 25.110 Filing of applications, fees, and number of copies. assignee meets the eligibility criteria 25.111 Additional information, ITU filings, set forth in § 24.709 of this part; or and ITU cost recovery. (4) The application is for an involun- 25.112 Dismissal and return of applications. tary assignment or transfer of control 25.113 Station construction, deployment ap- to a bankruptcy trustee appointed proval, and operation of spare satellites. 25.114 Applications for space station author- under involuntary bankruptcy, an izations. independent receiver appointed by a 25.115 Applications for earth station author- court of competent jurisdiction in a izations. foreclosure action, or, in the event of 25.116 Amendments to applications. death or disability, to a person or enti- 25.117 Modification of station license. ty legally qualified to succeed the de- 25.118 Modifications not requiring prior authorization. ceased or disabled person under the 25.119 Assignment or transfer of control of laws of the place having jurisdiction station authorization. over the estate involved; provided that, 25.120 Application for special temporary au- the applicant requests a waiver pursu- thorization. ant to this paragraph; or 25.121 License term and renewals. 25.122 Applications for streamlined small (5) The assignment or transfer of con- space station authorization. trol is pro forma; or 25.123 Applications for streamlined small (6) The application for assignment or spacecraft authorization. transfer of control is filed on or after 25.129 Equipment authorization for portable the date the licensee has notified the earth-station transceivers. Commission pursuant to § 24.203(c) that EARTH STATIONS its five-year construction requirement 25.130–25.131 [Reserved] has been satisfied. 25.132 Verification of earth station antenna (b) If the assignment or transfer of performance. control of a license is approved, the as- 25.133 Period of construction; certification signee or transferee is subject to the of commencement of operation. original construction requirement of 25.134 [Reserved] § 24.203 of this part. 25.135 Licensing provisions for earth station networks in the non-voice, non-geo- [63 FR 68953, Dec. 14, 1998, as amended at 65 stationary Mobile-Satellite Service. FR 53638, Sept. 5, 2000] 25.136 Earth Stations in the 24.75–25.25 GHz, 27.5–28.35 GHz, 37.5–40 GHz, 47.2–48.2, GHz and 50.4–51.4 GHz bands. 25.137 Requests for U.S. market access through non-U.S.-licensed space stations. 25.138 Earth Stations in the 3.7–4.2 GHz band.

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25.139 NGSO FSS coordination and informa- Subpart C—Technical Standards tion sharing between MVDDS licensees in the 12.2 GHz to 12.7 GHz band. 25.201 [Reserved] 25.202 Frequencies, frequency tolerance, and SPACE STATIONS emission limits. 25.203 Choice of sites and frequencies. 25.140 Further requirements for license ap- 25.204 Power limits for earth stations. plications for GSO space station oper- 25.205 Minimum antenna elevation angle. ation in the FSS and the 17/24 GHz BSS. 25.206 Station identification. 25.142 Licensing provisions for the non- 25.207 Cessation of emissions. voice, non-geostationary Mobile-Sat- 25.208 Power flux-density limits. ellite Service. 25.209 Earth station antenna performance 25.143 Licensing provisions for the 1.6/2.4 standards. GHz Mobile-Satellite Service and 2 GHz 25.210 Technical requirements for space sta- Mobile-Satellite Service. tions in the Fixed-Satellite Service. 25.144 Licensing provisions for the 2.3 GHz 25.211 Analog video transmissions in the satellite digital audio radio service. FSS. 25.146 Licensing and operating provisions 25.212 Narrowband analog transmissions for NGSO FSS space stations. and digital transmissions in the GSO 25.147 Space Stations in the 3.7–4.2 GHz FSS. band. 25.213 Inter-Service coordination require- 25.148 Licensing provisions for the Direct ments for the 1.6/2.4 GHz Mobile-Satellite Broadcast Satellite Service. Service. 25.149 Application requirements for ancil- 25.214 Technical requirements for space sta- lary terrestrial components in Mobile- tions in the Satellite Digital Audio Satellite Service networks operating in Radio Service and associated terrestrial the 1.5./1.6 GHz and 1.6/2.4 GHz Mobile- repeaters. Satellite Service. 25.215 [Reserved] 25.216 Limits on emissions from mobile PROCESSING OF APPLICATIONS earth stations for protection of aeronautical radionavigation-satellite serv- 25.150 Receipt of applications. ice. 25.151 Public notice. 25.217 Default service rules. 25.152 [Reserved] 25.218 Off-axis EIRP density envelopes for 25.153 Repetitious applications. FSS earth stations transmitting in cer- 25.154 Opposition to applications and other tain frequency bands. pleadings. 25.219 [Reserved] 25.155 Mutually exclusive applications. 25.220 Non-routine transmit/receive earth 25.156 Consideration of applications. station operations. 25.157 Consideration of applications for 25.221–25.223 [Reserved] NGSO-like satellite operation. 25.224 Protection of receive-only earth sta- 25.158 Consideration of applications for tions in the 17/24 GHz BSS. GSO-like satellite operation. 25.225 Geographic Service Requirements for 17/24 GHz Broadcasting Satellite Service. 25.159 Limits on pending applications and 25.226–25.227 [Reserved] unbuilt satellite systems. 25.228 Operating and coordination require- FORFEITURE, TERMINATION, AND ments for earth stations in motion REINSTATEMENT OF STATION AUTHORIZATION (ESIMs). 25.229–25.249 [Reserved] 25.160 Administrative sanctions. 25.250 Sharing between NGSO MSS Feeder 25.161 Automatic termination of station au- links Earth Stations in the 19.3–19.7 GHz thorization. and 29.1–29.5 GHz Bands. 25.162 Cause for termination of interference 25.251 Special requirements for coordina- protection. tion. 25.163 Reinstatement. 25.252 [Reserved] 25.164 Milestones. 25.253 Special requirements for ancillary 25.165 Surety bonds. terrestrial components operating in the 1626.5–1660.5 MHz/1525–1559 MHz bands. REPORTING REQUIREMENTS FOR SPACE 25.254 Special requirements for ancillary STATION OPERATORS terrestrial components operating in the 1610–1626.5 MHz/2483.5–2500 MHz bands. 25.170 Annual reporting requirements. 25.255 Procedures for resolving harmful in- 25.171 Contact information reporting re- terference related to operation of ancil- quirements. lary terrestrial components operating in 25.172 Requirements for reporting space sta- the 1.5/1.6 GHz and 1.6/2.4 GHz bands. tion control arrangements. 25.256 Special Requirements for operations 25.173 Results of in-orbit testing. in the 3.65–3.7 GHz band.

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25.257 Special requirements for NGSO MSS Subpart E—Miscellaneous operations in the 29.1–29.25 GHz band regarding LMDS. 25.301 Satellite Emergency Notification De- 25.258 Sharing between NGSO MSS feeder- vices (SENDs). link stations and GSO FSS services in the 29.25–29.5 GHz band. Subpart F—Competitive Bidding 25.259 Time sharing between NOAA mete- Procedures for DARS orological satellite systems and non- voice, non-geostationary satellite sys- 25.401 Satellite DARS applications subject tems in the 137–138 MHz band. to competitive bidding. 25.260 Time sharing between DoD meteoro- 25.402 [Reserved] logical satellite systems and non-voice, 25.403 Bidding application and certification non-geostationary satellite systems in procedures. the 400.15–401 MHz band. 25.404 Submission of down payment and fil- 25.261 Sharing among NGSO FSS space sta- ing of long-form applications. tions. 25.405–25.406 [Reserved] 25.262 Licensing and domestic coordination requirements for 17/24 GHz BSS space Subparts G–H [Reserved] stations. 25.263 Information sharing requirements for Subpart I—Equal Employment SDARS terrestrial repeater operators. Opportunities 25.264 Requirements to facilitate reverse- band operation in the 17.3–17.8 GHz band 25.601 Equal employment opportunities. of 17/24 GHz BSS and DBS Service space stations. Subpart J—Public Interest Obligations 25.265 Acceptance of interference in 2000– 2020 MHz. 25.701 Other DBS Public interest obligations. Subpart D—Technical Operations 25.702 Other SDARS Public interest obligations. 25.271 Control of transmitting stations. AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 25.272 General inter-system coordination 309, 310, 319, 332, 605, and 721, unless otherwise procedures. noted. 25.273 Duties regarding space communications transmissions. 25.274 Procedures to be followed in the Subpart A—General event of harmful interference. 25.275 Particulars of operation. § 25.101 Basis and scope. 25.276 Points of communication. (a) The rules and regulations in this 25.277 Temporary fixed earth station operations. part are issued pursuant to the author- 25.278 Additional coordination obligation ity contained in section 201(c)(11) of the for non-geostationary and geostationary Communications Satellite Act of 1962, satellite systems in frequencies allocated as amended, section 501(c)(6) of the to the fixed-satellite service. International Maritime Satellite Tele- 25.279 Inter-satellite service. communications Act, and titles I 25.280 Inclined orbit operations. through III of the Communications Act 25.281 Transmitter identification require- of 1934, as amended. ments for video uplink transmissions. 25.282 Orbit raising maneuvers. (b) The rules and regulations in this 25.283 End-of-life disposal. part supplement, and are in addition to 25.284 [Reserved] the rules and regulations contained in 25.285 Operation of MSS and ATC transmit- or to be added to, other parts of this ters or transceivers on board civil air- chapter currently in force, or which craft. may subsequently be promulgated, and 25.286 Antenna painting and lighting. which are applicable to matters relat- 25.287 Requirements pertaining to operation of mobile stations in the NVNG, 1.5/1.6 ing to communications by satellites. GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Sat- [28 FR 13037, Dec. 5, 1963, as amended at 56 ellite Service bands. FR 24015, May 28, 1991] 25.288 Obligation to remedy interference caused by NGSO MSS feeder downlinks § 25.102 Station authorization rein the 6700–6875 MHz band. quired. 25.289 Protection of GSO networks by NGSO systems. (a) No person shall use or operate ap- 25.290 Responsibility of licensee for blan- paratus for the transmission of energy ket-licensed earth station operation. or communications or signals by space

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or earth stations except under, and in Band, the L-Band, and the 1.6/2.4 GHz accordance with, an appropriate au- Band. thorization granted by the Federal Ancillary Terrestrial Component (ATC) Communications Commission. base station. A terrestrial fixed facility (b) Protection from impermissible used to transmit communications to or levels of interference to the reception receive communications from one or of signals by earth stations in the more ancillary terrestrial component Fixed-Satellite Service from terrestrial mobile terminals. stations in a co-equally shared band is Ancillary Terrestrial Component (ATC) provided through the authorizations mobile terminal. A terrestrial mobile fa- granted under this part. cility used to transmit communica- [56 FR 24016, May 28, 1991] tions to or receive communications from an ancillary terrestrial compo- § 25.103 Definitions. nent base station or a space station. Terms with definitions including the Blanket license. A license for: ‘‘(RR)’’ designation are defined in the (1) Multiple earth stations in the FSS same way in § 2.1 of this chapter and in or MSS, or for SDARS terrestrial re- the Radio Regulations of the Inter- peaters, that may be operated any- national Telecommunication Union. where within a geographic area speci- 1.5/1.6 GHz Mobile-Satellite Service. Mo- fied in the license; or bile-Satellite Service provided in any (2) For multiple space stations in portion of the 1525–1559 MHz space-to- non-geostationary-orbit. Earth band and the 1626.5–1660.5 MHz Contiguous United States (CONUS). Earth-to-space band, which are referred For purposes of subparts B and C of to in this rule part as the ‘‘1.5/1.6 GHz this part, the contiguous United States MSS bands.’’ consists of the contiguous 48 states and 1.6/2.4 GHz Mobile-Satellite Service. A the District of Columbia as defined by Mobile-Satellite Service that operates Partial Economic Areas Nos. 1–41, 43– in the 1610–1626.5 MHz and 2483.5–2500 211, 213–263, 265–297, 299–359, and 361–411, MHz bands, or in any portion thereof. which includes areas within 12 nautical 2 GHz Mobile-Satellite Service. A Mo- miles of the U.S. Gulf coastline. In this bile-Satellite Service that operates in context, the rest of the United States the 2000–2020 MHz and 2180–2200 MHz includes the Honolulu, Anchorage, Ko- bands, or in any portion thereof. diak, Fairbanks, Juneau, Puerto Rico, 17/24 GHz Broadcasting-Satellite Service Guam-Northern Mariana Islands, U.S. (17/24 GHz BSS). A radiocommunication Virgin Islands, American Samoa, and service involving transmission from the Gulf of Mexico PEAs (Nos. 42, 212, one or more feeder-link earth stations 264, 298, 360, 412–416). See § 27.6(m) of this to other earth stations via geo- chapter. stationary satellites, in the 17.3–17.7 Conventional C-band. The 3700–4200 GHz (space-to-Earth) (domestic alloca- MHz (space-to-Earth) and 5925–6425 tion), 17.3–17.8 GHz (space-to-Earth) MHz (Earth-to-space) FSS frequency (international allocation) and 24.75– bands. 25.25 GHz (Earth-to-space) bands. For Conventional Ka-band. The 18.3–18.8 purposes of the application processing GHz (space-to-Earth), 19.7–20.2 GHz provisions of this part, the 17/24 GHz (space-to-Earth), 28.35–28.6 GHz (Earth- BSS is a GSO-like service. Unless spe- to-space), and 29.25–30.0 GHz (Earth-to- cifically stated otherwise, 17/24 GHz space) frequency bands, which the BSS systems are subject to the rules in Commission has designated as primary this part applicable to FSS. for GSO FSS operation. Ancillary Terrestrial Component (ATC). Conventional Ku-band. The 11.7–12.2 A terrestrial communications network GHz (space-to-Earth) and 14.0–14.5 GHz used in conjunction with a qualifying (Earth-to-space) FSS frequency bands. satellite network system authorized Coordination distance. When deter- pursuant to these rules and the condi- mining the need for coordination, the tions established in the Orders issued distance on a given azimuth from an in IB Docket No. 01–185, Flexibility for earth station sharing the same fre- Delivery of Communications by Mobile- quency band with terrestrial stations, Satellite Service Providers in the 2 GHz or from a transmitting earth station

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sharing the same bidirectionally allo- Earth Station on Vessel (ESV). An cated frequency band with receiving earth station onboard a craft designed earth stations, beyond which the level for traveling on water, receiving from of permissible interference will not be and transmitting to Fixed-Satellite exceeded and coordination is therefore Service space stations. not required. (RR) Equivalent diameter. When circular ap- Direct Broadcast Satellite (DBS) Serv- erture reflector antennas are em- ice. A radiocommunication service in ployed, the size of the antenna is gen- which signals transmitted or retrans- erally expressed as the diameter of the mitted by Broadcasting-Satellite Serv- antenna’s main reflector. When non-re- ice space stations in the 12.2–12.7 GHz flector or non-circular-aperture anten- band are intended for direct reception nas are employed, the equivalent di- by subscribers or the general public. ameter is the diameter of a hypo- For the purposes of this definition, the thetical circular-aperture antenna with term direct reception includes indi- the same aperture area as the actual vidual reception and community recep- antenna. For example, an elliptical ap- tion. erture antenna with major axis a and minor axis b will have an equivalent di- Earth station. A station located either ameter of [a × b]1/2. A rectangular aper- on the Earth’s surface or within the ture antenna with length l and width w major portion of the Earth’s atmos- will have an equivalent diameter of [4(l phere intended for communication: × w)/π]1/2. (1) With one or more space stations; Equivalent Power Flux Density (EPFD). or The sum of the power flux densities (2) With one or more stations of the produced at a geostationary-orbit re- same kind by means of one or more receive earth or space station on the flecting satellites or other objects in Earth’s surface or in the geostationary space. (RR) orbit, as appropriate, by all the trans- Earth Station Aboard Aircraft (ESAA). mit stations within a non-geo- An earth station operating aboard an stationary-orbit Fixed-Satellite Serv- aircraft that receives from and trans- ice system, taking into account the off- mits to Fixed-Satellite Service space axis discrimination of a reference re- stations. ceiving antenna assumed to be pointing Earth Station in Motion (ESIM). A in its nominal direction. The equiva- term that collectively designates ESV, lent power flux density, in dB(W/m2) in VMES and ESAA earth stations, as de- the reference bandwidth, is calculated fined in this section. using the following formula:

Where: qi is the off-axis angle between the boresight of the transmit station considered in the Na is the number of transmit stations in the non-geostationary orbit system that are non-geostationary orbit system and the visible from the GSO receive station con- direction of the GSO receive station; sidered on the Earth’s surface or in the Gt(qi) is the transmit antenna gain (as a geostationary orbit, as appropriate; ratio) of the station considered in the i is the index of the transmit station consid- non-geostationary orbit system in the direction of the GSO receive station; ered in the non-geostationary orbit system; di is the distance in meters between the transmit station considered in the non- P is the RF power at the input of the an- i geostationary orbit system and the GSO tenna of the transmit station, considered receive station; in the non-geostationary orbit system in j is the off-axis angle between the boresight dBW in the reference bandwidth; i of the antenna of the GSO receive station

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and the direction of the ith transmit sta- to-Earth) and 14.0–14.5 GHz (Earth-to- tion considered in the non-geostationary space) bands. These paired bands are orbit system; allocated to the Fixed-Satellite Service Gr(qi) is the receive antenna gain (as a ratio) of the GSO receive station in the direc- and are also referred to as the 12/14 GHz tion of the ith transmit station consid- bands. ered in the non-geostationary orbit sys- Land earth station. An earth station tem; in the Fixed-Satellite Service or, in Gr,max is the maximum gain (as a ratio) of the some cases, in the Mobile-Satellite antenna of the GSO receive station. Service, located at a specified fixed Extended C-band. The 3600–3700 MHz point or within a specified area on land (space-to-Earth), 5850–5925 MHz (Earth- to provide a feeder link for the Mobile- to-space), and 6425–6725 MHz (Earth-to- Satellite Service. (RR) space) FSS frequency bands. Land Mobile Earth Station. A mobile Extended Ku-band. The 10.95–11.2 GHz earth station in the land mobile-sat- (space-to-Earth), 11.45–11.7 GHz (space- ellite service capable of surface move- to-Earth), and 13.75–14.0 GHz bands ment within the geographical limits of (Earth-to-space) FSS frequency bands. a country or continent. (RR) Feeder link. A radio link from a fixed Mobile Earth Station. An earth station earth station at a given location to a in the Mobile-Satellite Service in- space station, or vice versa, conveying tended to be used while in motion or information for a space during halts at unspecified points. (RR) radiocommunication service other Mobile-Satellite Service (MSS). (1) A than the Fixed-Satellite Service. The radiocommunication service: given location may be at a specified (i) Between mobile earth stations and fixed point or at any fixed point within one or more space stations, or between specified areas. (RR) space stations used by this service; or Fixed earth station. An earth station (ii) Between mobile earth stations, intended to be used at a fixed position. by means of one or more space sta- The position may be a specified fixed tions. point or any fixed point within a specified area. (2) This service may also include Fixed-Satellite Service (FSS). A feeder links necessary for its operation. radiocommunication service between (RR) earth stations at given positions, when Network Control and Monitoring Center one or more satellites are used; the (NCMC). An NCMC, as used in Part 25, given position may be a specified fixed is a facility that has the capability to point or any fixed point within speci- remotely control earth stations oper- fied areas; in some cases this service ating as part of a satellite network or includes satellite-to-satellite links, system. which may also be operated in the NGSO. Non-geostationary orbit. inter-satellite service; the Fixed-Sat- NGSO FSS gateway earth station. An ellite Service may also include feeder earth station or complex of multiple links of other space earth station antennas that supports radiocommunication services. (RR) the routing and switching functions of Geostationary-orbit (GSO) satellite. A an NGSO FSS system and that does not geosynchronous satellite whose cir- originate or terminate communication cular and direct orbit lies in the plane traffic. An NGSO FSS gateway earth of the Earth’s equator and which thus station may also be used for telemetry, remains fixed relative to the Earth; by tracking, and command transmissions extension, a geosynchronous satellite and is not for the exclusive use of any which remains approximately fixed rel- customer. ative to the Earth. Non-Voice, Non-Geostationary (NVNG) Inter-Satellite Service. A Mobile-Satellite Service. A Mobile-Sat- radiocommunication service providing ellite Service reserved for use by non- links between artificial earth sat- geostationary satellites in the provi- ellites. sion of non-voice communications Ku band. In this rule part, the terms which may include satellite links be- ‘‘Ku band’’ and ‘‘conventional Ku tween land earth stations at fixed loca- band’’ refer to the 11.7–12.2 GHz (space- tions.

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Permitted Space Station List. A list of termined in the manner specified in all U.S.-licensed geostationary-orbit § 25.203(j). space stations providing Fixed-Sat- Radiodetermination-Satellite Service. A ellite Service in the conventional C radiocommunication service for the band, the conventional Ku band, or the purpose of radiodetermination involv- 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 ing the use of one of more space sta- GHz, and 29.25–30.0 GHz bands, as well tions. This service may also include as non-U.S.-licensed geostationary- feeder links necessary for its own oper- orbit space stations approved for U.S. ation. (RR) market access to provide Fixed-Sat- Routine processing or licensing. Expe- ellite Service in the conventional C dited processing of unopposed applica- band, conventional Ku band, or 18.3–18.8 tions for earth stations in the FSS GHz, 19.7–20.2 GHz, 28.35–28.6 GHz, and communicating with GSO space sta- 29.25–30.0 GHz bands. tions that satisfy the criteria in Plane perpendicular to the GSO arc. § 25.211(d), § 25.212(c) through (f), or The plane that is perpendicular to the § 25.218, include all required informa- ‘‘plane tangent to the GSO arc,’’ as de- tion, are consistent with all Commis- fined below, and includes a line be- sion rules, and do not raise any policy tween the earth station in question and issues. Some, but not all, routine earth the GSO space station that it is com- station applications are eligible for an municating with. autogrant procedure under § 25.115(a)(3). Plane tangent to the GSO arc. The Satellite Digital Audio Radio Service plane defined by the location of an (SDARS). A radiocommunication serv- earth station’s transmitting antenna ice in which audio programming is and a line in the equatorial plane that digitally transmitted by one or more is tangent to the GSO arc at the loca- space stations directly to fixed, mobile, and/or portable stations, and which tion of the GSO space station that the may involve complementary repeating earth station is communicating with. terrestrial transmitters and telemetry, Power flux density (PFD). The amount tracking and command facilities. of power flow through a unit area with- Satellite system. A space system using in a unit bandwidth. The units of power one or more artificial earth satellites. flux density are those of power spectral (RR) density per unit area, namely watts per Selected assignment. A spectrum as- hertz per square meter. These units are signment voluntarily identified by a 2 generally expressed in decibel form as GHz MSS licensee at the time that the 2 2 dB(W/Hz/m ), dB(W/m ) in a 4 kHz band, licensee’s first 2 GHz Mobile-Satellite 2 or dB(W/m ) in a 1 MHz band. Service satellite reaches its intended Power Spectral Density (PSD). The orbit. amount of an emission’s transmitted Shapeable antenna beam. A satellite carrier power applied at the antenna transmit or receive antenna beam, the input falling within the stated band- gain pattern of which can be modified width. The units of power spectral den- at any time without physically repo- sity are watts per hertz and are gen- sitioning a satellite antenna reflector. erally expressed in decibel form as Skew angle. The angle between the dB(W/Hz) when measured in a 1 Hz minor axis of an axially asymmetric bandwidth, dB(W/4kHz) when measured antenna beam and the plane tangent to in a 4 kHz bandwidth, or dB(W/MHz) the GSO arc. when measured in a 1 MHz bandwidth. Small satellite. An NGSO space station Protection areas. The geographic re- eligible for authorization under the ap- gions where U.S. Department of De- plication process described in § 25.122. fense meteorological satellite systems Small spacecraft. An NGSO space sta- or National Oceanic and Atmospheric tion operating beyond Earth’s orbit Administration meteorological sat- that is eligible for authorization under ellite systems, or both such systems, the application process described in receive signals from low earth orbiting § 25.123. satellites. Also, areas around NGSO Space radiocommunication. Any MSS feeder-link earth stations in the radiocommunication involving the use 1.6/2.4 GHz Mobile-Satellite Service de- of one or more space stations or the

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use of one or more reflecting satellites federal regulation of radio frequency or other objects in space. emissions is not preempted by this sec- Space station. A station located on an tion. For purposes of this paragraph object which is beyond, is intended to (a), reasonable means that the local go beyond, or has been beyond, the regulation: major portion of the Earth’s atmos- (1) Has a clearly defined health, safe- phere. (RR) ty, or aesthetic objective that is stated Space system. Any group of cooper- in the text of the regulation itself; and ating earth stations and/or space sta- (2) Furthers the stated health, safety tions employing space or aesthetic objective without unneces- radiocommunication for specific pur- sarily burdening the federal interests poses. (RR) in ensuring access to satellite services Spacecraft. A man-made vehicle and in promoting fair and effective which is intended to go beyond the competition among competing commu- major portion of the Earth’s atmos- nications service providers. phere. (RR) (b)(1) Any state or local zoning, land- Terrestrial radiocommunication. Any use, building, or similar regulation radiocommunication other than space that affects the installation, mainte- radiocommunication or radio astron- nance, or use of a satellite earth sta- omy. (RR) tion antenna that is two meters or less Terrestrial station. A station effecting in diameter and is located or proposed terrestrial radiocommunication. to be located in any area where com- Two-degree-compliant space station. A mercial or industrial uses are generally GSO FSS space station operating in permitted by non-federal land-use reg- the conventional or extended C-bands, ulation shall be presumed unreasonable the conventional or extended Ku-bands, and is therefore preempted subject to or the conventional Ka-band within the paragraph (b)(2) of this section. No limits on downlink EIRP density or civil, criminal, administrative, or PFD specified in § 25.140(a)(3) and com- other legal action of any kind shall be municating only with earth stations taken to enforce any regulation cov- operating in conformance with routine ered by this presumption unless the uplink parameters specified in promulgating authority has obtained a § 25.211(d), § 25.212(c), (d), (e), or (f), or waiver from the Commission pursuant § 25.218. to paragraph (e) of this section, or a Vehicle-Mounted Earth Station final declaration from the Commission (VMES). An earth station, operating or a court of competent jurisdiction from a motorized vehicle that travels that the presumption has been rebut- primarily on land, that receives from ted pursuant to paragraph (b)(2) of this and transmits to Fixed-Satellite Serv- section. ice space stations and operates within (2) Any presumption arising from the United States. paragraph (b)(1) of this section may be rebutted upon a showing that the regu- [79 FR 8311, Feb. 12, 2014, as amended at 79 lation in question: FR 26868, May 12, 2014; 81 FR 55324, Aug. 18, 2016; 83 FR 34489, July 20, 2018; 84 FR 53651, (i) Is necessary to accomplish a clear- Oct. 8, 2019; 84 FR 66779, Dec. 5, 2019; 85 FR ly defined health or safety objective 22864, Apr. 23, 2020; 85 FR 44786, July 24, 2020; that is stated in the text of the regula- 85 FR 43733, July 20, 2020] tion itself; (ii) Is no more burdensome to sat- § 25.104 Preemption of local zoning of ellite users than is necessary to earth stations. achieve the health or safety objective; (a) Any state or local zoning, land- and use, building, or similar regulation (iii) Is specifically applicable on its that materially limits transmission or face to antennas of the class described reception by satellite earth station an- in paragraph (b)(1) of this section. tennas, or imposes more than minimal (c) Any person aggrieved by the ap- costs on users of such antennas, is pre- plication or potential application of a empted unless the promulgating au- state or local zoning or other regula- thority can demonstrate that such reg- tion in violation of paragraph (a) of ulation is reasonable, except that non- this section may, after exhausting all

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nonfederal administrative remedies, ers granted in accordance with this file a petition with the Commission re- section shall not apply to later-enacted questing a declaration that the state or or amended regulations by the local local regulation in question is pre- authority unless the Commission exempted by this section. Nonfederal ad- pressly orders otherwise. ministrative remedies, which do not in- (f) A satellite earth station antenna clude judicial appeals of administrative that is designed to receive direct determinations, shall be deemed ex- broadcast satellite service, including hausted when: direct-to-home satellite services, that (1) The petitioner’s application for a is one meter or less in diameter or is permit or other authorization required located in Alaska is covered by the reg- by the state or local authority has ulations in § 1.4000 of this chapter. been denied and any administrative ap- [61 FR 10898, Mar. 18, 1996, as amended at 61 peal and variance procedure has been FR 46562, Sept. 4, 1996] exhausted; EFFECTIVE DATE NOTE: At 61 FR 46562, (2) The petitioner’s application for a Sept. 4, 1996, § 25.104 was amended by revising permit or other authorization required paragraph (b)(1) and adding paragraph (f). by the state or local authority has These paragraphs contain information col- been on file for ninety days without lection and recordkeeping requirements and final action; will not become effective until approval has (3) The petitioner has received a per- been given by the Office of Management and mit or other authorization required by Budget. the state or local authority that is con- § 25.105 Citizenship. ditioned upon the petitioner’s expenditure of a sum of money, including costs The rules that establish the require- required to screen, pole-mount, or oth- ments and conditions for obtaining the erwise specially install the antenna, Commission’s prior approval of foreign greater than the aggregate purchase or ownership in common carrier licensees total lease cost of the equipment as that would exceed the 20 percent limit normally installed; or in section 310(b)(3) of the Communica- (4) A state or local authority has no- tions Act (47 U.S.C. 310(b)(3)) and/or the tified the petitioner of impending civil 25 percent benchmark in section or criminal action in a court of law and 310(b)(4) of the Act (47 U.S.C. 310(b)(4)) there are no more nonfederal adminis- are set forth in §§ 1.5000 through 1.5004 trative steps to be taken. of this chapter. (d) Procedures regarding filing of pe- [81 FR 86613, Dec. 1, 2016] titions requesting declaratory rulings and other related pleadings will be set §§ 25.106–25.107 [Reserved] forth in subsequent Public Notices. All allegations of fact contained in peti- § 25.108 Incorporation by reference. tions and related pleadings must be (a) Certain material is incorporated supported by affidavit of a person or by reference into this part with the ap- persons with personal knowledge there- proval of the Director of the Federal of. Register under 5 U.S.C. 552(a) and 1 (e) Any state or local authority that CFR part 51. All approved material is wishes to maintain and enforce zoning available for inspection at the Federal or other regulations inconsistent with Communications Commission, 445 12th this section may apply to the Commis- Street SW, Reference Information Cen- sion for a full or partial waiver of this ter, Room CY–A257, Washington, DC section. Such waivers may be granted 20554, 202–418–0270, and is available from by the Commission in its sole discre- the sources listed below. It is also tion, upon a showing by the applicant available for inspection at the National that local concerns of a highly special- Archives and Records Administration ized or unusual nature create a neces- (NARA). For information on the avail- sity for regulation inconsistent with ability of this material at NARA, call this section. No application for waiver 202–741–6030 or go to www.archives.gov/ shall be considered unless it specifi- federal-register/ccfr/ibr-locations.html. cally sets forth the particular regula- (b) European Telecommunications tion for which waiver is sought. Waiv- Standards Institute (ETSI), 650 Route

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des Lucioles, 06921 Sophia-Antipolis gion 1) and 12.2–12.7 GHz (in Region 2),’’ Cedex, France; http://www.etsi.org; Edition of 2012, http://www.itu.int/pub/R– Voice: +33 (0)4 92 94 42 00; Fax: +33 (0)4 REG–RR–2012. Incorporation by ref- 93 65 47 16; email: [email protected]. erence approved for §§ 25.117(h) and (1) ETSI TS 103 129 V1.1.2 (2014–03), 25.118(e). ‘‘Digital Video Broadcasting (DVB); (6) ITU Radio Regulations, Volume 2: Framing structure, channel coding and Appendices, Appendix 30A, ‘‘Provisions modulation of a carrier identification and associated Plans and List for feed- system (DVB–CID) for satellite trans- er links for the broadcasting-satellite mission,’’ Version 1.1.2, March 2014. In- service (11.7–12.5 GHz in Region 1, 12.2– corporation by reference approved for 12.7 GHz in Region 2 and 11.7–12.2 GHz § 25.281(b). in Region 3) in the frequency bands (2) [Reserved] 14.5–14.8 GHz and 17.3–18.1 GHz in Re- (c) International Telecommunication gions 1 and 3, and 17.3–17.8 GHz in Re- Union (ITU), Place des Nations, 1211 gion 2,’’ Edition of 2012, http:// Geneva 20 Switzerland; www.itu.int; www.itu.int/pub/R-REG-RR-2012. Incor- Voice: +41 22 730 5111; Fax: +41 22 733 poration by reference approved for 7256; email: [email protected]. §§ 25.110(b), 25.117(h), and 25.118(e). (1) ITU Radio Regulations, Volume 1: (7) ITU Radio Regulations, Volume 2: Articles, Article 9, ‘‘Procedure for ef- Appendices, Appendix 30B, ‘‘Provisions fecting coordination with or obtaining and associated Plan for the fixed-sat- agreement of other administrations,’’ ellite service in the frequency bands 4 Section II, ‘‘Procedure for effecting co- 500–4 800 MHz, 6 725–7 025 MHz, 10.70– ordination,’’ Edition of 2012, http:// 10.95 GHz, 11.2–11.45 GHz and 12.75–13.25 www.itu.int/pub/R–REG–RR–2012. Incor- GHz,’’ Edition of 2012, http://www.itu.int/ poration by reference approved for pub/R-REG-RR-2012. Incorporation by § 25.111(e). reference approved for §§ 25.110(b) and (2) ITU Radio Regulations, Volume 1: 25.140(a). Articles, Article 21, ‘‘Terrestrial and (8) ITU Radio Regulations, Volume 3: space services sharing frequency bands above 1 GHz,’’ Section V, ‘‘Limits of Resolutions and Recommendations, power flux-density from space sta- Resolution 76 (Rev.WRC-15), ‘‘Protec- tions,’’ Edition of 2016, copyright 2016, tion of geostationary fixed-satellite http://www.itu.int/pub/R-REG-RR-2016. service and geostationary broad- Incorporation by reference approved casting-satellite service networks from for § 25.146(a). the maximum aggregate equivalent (3) ITU Radio Regulations, Volume 1: power flux-density produced by mul- Articles, Article 22, ‘‘Space services,’’ tiple non-geostationary fixed-satellite Section II, ‘‘Control of interference to service systems in frequency bands geostationary-satellite systems,’’ Edi- where equivalent power flux-density tion of 2016, copyright 2016, http:// limits have been adopted,’’ Edition of www.itu.int/pub/R-REG-RR-2016. Incor- 2016, copyright 2016, http://www.itu.int/ poration by reference approved for pub/R-REG-RR-2016. Incorporation by §§ 25.146(a), 25.289. reference approved for § 25.146(a). (4) ITU Radio Regulations, Volume 2: (9) ITU Radio Regulations, Volume 3: Appendices, Appendix 7, ‘‘Methods for Resolutions and Recommendations, the determination of the coordination Resolution 85 (WRC–03), ‘‘Application areas around an earth station in the of Article 22 of the Radio Regulations frequency bands between 100 MHz and to the protection of geostationary 105 GHz,’’ Edition of 2012, http:// fixed-satellite service and broad- www.itu.int/pub/R-REG-RR-2012. Incor- casting-satellite service networks from poration by reference approved for non-geostationary fixed-satellite serv- § 25.203(m). ice systems,’’ Edition of 2016, copyright (5) ITU Radio Regulations, Volume 2: 2016, http://www.itu.int/pub/R-REG-RR- Appendices, Appendix 30, ‘‘Provisions 2016. Incorporation by reference ap- for all services and associated Plans proved for § 25.146(c). and List for the broadcasting-satellite [81 FR 55324, Aug. 18, 2016, as amended at 82 service in the frequency bands 11.7–12.2 FR 37029, Aug. 8, 2017; 82 FR 40494, Aug. 25, GHz (in Region 3), 11.7–12.5 GHz (in Re- 2017; 82 FR 59984, Dec. 18, 2017]

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§ 25.109 Cross-reference. of the ITU Radio Regulations (incor- (a) Space and earth stations in the porated by reference, see § 25.108) may Amateur Satellite Service are licensed be submitted in two steps, as follows: under 47 CFR part 97. (i) An application for 17/24 GHz BSS (b) Ship earth stations in the Mari- space station operation or for GSO FSS time Mobile-Satellite Service trans- space station operation not subject to mitting in the 1626.5–1646.5 MHz band the provisions in Appendix 30B of the are subject to licensing under 47 CFR ITU Radio Regulations (incorporated part 80. by reference, see § 25.108) may be initi- (c) Earth stations in the Aero- ated by filing with the Commission, in nautical Mobile-Satellite (Route) Serv- accordance with the applicable provi- ice are subject to licensing under 47 sions of part 1, subpart Y of this chap- CFR part 87. ter, a draft Coordination Request and (d) Space and earth stations in the simplified Form 312 for the proposed Experimental Radio Service may be operation and a declaration of accept- subject to licensing under 47 CFR part ance of ITU cost-recovery responsi- 5. bility in accordance with § 25.111(d). (e) Space and earth stations in the The simplified Form 312, Main Form 3700–4200 MHz band may be subject to submission must include the informa- transition rules in part 27 of this chap- tion required by items 1–17, 43, 45, and ter. 46. [78 FR 8420, Feb. 6, 2013, as amended at 85 FR (ii) An application for GSO FSS space 22864, Apr. 23, 2020] station operation subject to the provisions in Appendix 30B of the ITU Radio Subpart B—Applications and Regulations (incorporated by reference, see § 25.108) may be initiated by Licenses submitting to the Commission, in accordance with the applicable provisions SOURCE: 56 FR 24016, May 28, 1991, unless of part 1, subpart Y of this chapter, a otherwise noted. draft ITU filing to convert an allot- ment into an assignment, to introduce GENERAL APPLICATION FILING REQUIREMENTS an additional system, or to modify an assignment in the Appendix 30B List § 25.110 Filing of applications, fees, accompanied by a simplified Form 312 and number of copies. and a declaration of acceptance of ITU (a) Applications may be filed by cost-recovery responsibility in accord- going online at licensing.fcc.gov/myibfs ance with § 25.111(d). The simplified and submitting the application Form 312, Main Form submission must through the International Bureau Fil- include the information required by ing System (IBFS). items 1–17, 43, 45, and 46. In addition, (b) Submitting your application. (1) All the applicant must submit the results earth station license applications must of an analysis demonstrating that no be filed electronically on FCC Form 312 U.S. filing under Appendix 30B would in accordance with the applicable pro- be deemed affected by the proposed op- visions of part 1, subpart Y of this eration under the relevant ITU criteria chapter. or, for any affected filings, a letter (2) Except as provided in paragraph signed by the affected operator that it (b)(3) of this section, applications for consents to the new filing. space station licenses must be filed (iii) An application initiated pursu- electronically on FCC Form 312 in ac- ant to paragraphs (b)(3)(i) or (b)(3)(ii) cordance with the applicable provisions of this section will be considered com- of part 1, subpart Y of this chapter and pleted by the filing of an FCC Form 312 include all information required by and the remaining information re- § 25.114. quired in a complete license applica- (3) A license application for 17/24 GHz tion, including the information re- BSS space station operation or for GSO quired by § 25.114, within two years of FSS space station operation not sub- the date of submission of the initial ap- ject to the provisions in Appendix 30A plication materials.

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

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to the ITU by the due date specified in (3) The application requests author- the ITU invoice, unless an appeal is ity to operate a space station in a fre- pending with the ITU that was filed quency band that is not allocated prior to the due date. A license granted internationally for such operations in reliance on such a commitment will under the Radio Regulations of the be conditioned upon discharge of any International Telecommunication such cost-recovery obligation. Where Union, unless the application is filed an applicant or licensee has an overdue pursuant to § 25.122 or § 25.123. ITU cost-recovery fee and does not (4) The application is identical to a have an appeal pending with the ITU, pending application that was timely the Commission will dismiss any appli- filed pursuant to § 25.157 or § 25.158. cation associated with that satellite (b) Applications for space station au- network. thority found defective under para- (e) The Commission will process and graph (a)(3) or (a)(4) of this section will forward to the ITU up to five Advance not be considered. Applications for au- Publication filings by an entity that thority found defective under para- are not accompanied by a complete graphs (a)(1) or (a)(2) of this section space station license application or by may be accepted for filing if: an application pursuant to (1) The application is accompanied by § 25.110(b)(3)(i) or (b)(3)(ii). Such Ad- a request which sets forth the reasons vance Publication filing requests not in support of a waiver of (or an excep- contained in an application must be action to), in whole or in part, any spe- companied by a letter request and a cific rule, regulation, or requirement signed ITU cost-recovery declaration with which the application is in con- pursuant to paragraph (d) of this sec- flict; tion. A request for filing of Advance (2) The Commission, upon its own Publication information will be attrib- motion, waives (or allows an exception uted to an entity in the same manner to), in whole or in part, any rule, regu- as a space station license application lation or requirement. under the criteria set forth in § 25.159(c). (c) The Commission will dismiss an application for failure to prosecute or NOTE TO PARAGRAPH (e): After June 30, 2016, for failure to respond substantially the Commission will not forward Advance within a specified time period to offi- Publication information for satellite net- cial correspondence or requests for ad- works or systems subject to Article 9, Sec- tion II of the ITU Radio Regulations (incor- ditional information. Dismissal will be porated by reference, see § 25.108). without prejudice unless the application is mutually exclusive pursuant to [56 FR 24016, May 28, 1991, as amended at 67 § 25.155, in which case it will be dis- FR 51113, Aug. 7, 2002; 68 FR 63997, Nov. 12, missed with prejudice. 2003; 78 FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; 81 FR 55325, Aug. 18, 2016] (d) An application will be dismissed without prejudice as a matter of right § 25.112 Dismissal and return of appli- if the applicant requests its dismissal cations. prior to final Commission action. (a) An application will be unaccept- [56 FR 24016, May 28, 1991, as amended at 68 able for filing and will be returned to FR 51502, Aug. 27, 2003; 79 FR 8314, Feb. 12, the applicant with a brief statement 2014; 81 FR 55326, Aug. 18, 2016; 85 FR 43733, identifying the omissions or discrep- July 20, 2020] ancies if: (1) The application is defective with § 25.113 Station construction, deploy- respect to completeness of answers to ment approval, and operation of questions, informational showings, in- spare satellites. ternal inconsistencies, execution, or (a) Construction permits are not re- other matters of a formal character; or quired for earth stations. Construction (2) The application does not substan- of such stations may commence prior tially comply with the Commission’s to grant of an earth station license at rules, regulations, specific requests for the applicant’s own risk, subject to the additional information, or other re- requirements of § 1.1312 and part 17 of quirements. this chapter concerning environmental

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processing and construction, marking, orbital deployment and a station li- and lighting of antenna structures. cense (i.e., operating authority) must (b) Construction permits are not re- be applied for and granted before a quired for Ancillary Terrestrial Com- space station may be deployed and opponent (ATC) stations. A party with li- erated in orbit. Approval for orbital de- censes issued under this part for launch ployment may be requested in an appli- and operation of 1.5/1.6 GHz or 1.6/2.4 cation for a space station license. How- GHz GHz Mobile-Satellite Service ever, an application for authority to space stations and operation of associ- deploy and operate an on-ground spare ated ATC facilities may commence satellite will be considered pursuant to construction of ATC base stations at the following procedures: its own risk after commencing physical (1) Applications for deployment and construction of the space stations, sub- operation of an on-ground spare NGSO- ject to the requirements of § 1.1312 and like satellite will be considered pursu- part 17 of this chapter. Such an MSS/ ant to the procedures set forth in ATC licensee may also conduct equip- § 25.157, except as provided in paragraph ment tests for the purpose of making (g)(3) of this section. adjustments and measurements nec- (2) Applications for deployment and essary to ensure compliance with the operation of an on-ground spare GSO- terms of its ATC license, applicable like satellite will be considered pursu- rules in this part, and technical design ant to the procedures set forth in requirements. Prior to commencing § 25.158, except as provided in paragraph such construction and pre-operational (g)(3) of this section. testing, an MSS/ATC licensee must no- (3) Neither paragraph (g)(1) nor (g)(2) tify the Commission of the commence- of this section will apply in cases ment of physical satellite construction where the space station to be deployed and the licensee’s intention to con- is determined to be an emergency re- struct and test ATC facilities. This no- placement for a previously authorized tification must be filed electronically space station that has been lost as a rein the appropriate file in the Inter- national Bureau Filing System data- sult of a launch failure or a cata- base. The notification must specify the strophic in-orbit failure. frequencies the licensee proposes to use (h) An operator of NGSO space sta- for pre-operational testing and the tions under a blanket license granted name, address, and telephone number by the Commission, except for those of a representative for the reporting granted pursuant to the application and mitigation of any interference re- process in § 25.122 or § 25.123, need not sulting from such testing. MSS/ATC li- apply for license modification to oper- censees engaging in pre-operational ate technically identical in-orbit spare testing must comply with §§ 5.83, satellites in an authorized orbit. How- 5.85(c), 5.111, and 5.117 of this chapter ever, the licensee must notify the Com- regarding experimental operations. An mission within 30 days of bringing an MSS/ATC licensee may not offer ATC in-orbit spare into service and certify service to the public for compensation that its activation has not exceeded during pre-operational testing. the number of space stations author- (c)–(e) [Reserved] ized to provide service and that the li- (f) Construction permits are not re- censee has determined by measurement quired for U.S.-licensed space stations, that the activated spare is operating except for stations that the applicant within the terms of the license. proposes to operate to disseminate pro- (i) An operator of NGSO space sta- gram content to be received by the tions under a blanket license granted public at large, rather than only by by the Commission, except for those subscribers. Construction of a station granted pursuant to the application for which a construction permit is not process in § 25.122 or § 25.123, need not required may commence, at the appli- apply for license modification to de- cant’s own risk, prior to grant of a li- ploy and operate technically identical cense. replacement satellites in an authorized (g) Except as set forth in paragraphs orbit within the term of the system au- (h) and (i) of this section, approval for thorization. However, the licensee

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must notify the Commission of the in- (4)(i) For each space station trans- tended launch at least 30 days in ad- mitting and receiving antenna beam vance and certify that its operation of (including telemetry and tracking the additional space station(s) will not beams but not command beams), speci- increase the number of space stations fy channel center frequencies and providing service above the maximum bandwidths and polarization plan. For number specified in the license. command beams, specify each of the [56 FR 24016, May 28, 1991, as amended at 61 center frequencies within a 5 MHz FR 4366, Feb. 6, 1996; 61 FR 9951, Mar. 12, 1996; range or a range of 2 percent of the as- 61 FR 55582, Oct. 28, 1996; 62 FR 5927, Feb. 10, signed bandwidth, whichever is small- 1997; 62 FR 64172, Dec. 4, 1997; 68 FR 51502, er, and the polarization plan. If the Aug. 27, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR space station can vary channel band- 32253, June 2, 2005; 77 FR 3954, Jan. 26, 2012; 78 width in a particular frequency band FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; with on-board processing, specify only 79 FR 27503, May 14, 2014; 81 FR 55326, Aug. 18, 2016; 85 FR 43733, July 20, 2020] the range of frequencies in that band over which the beam can operate and § 25.114 Applications for space station the polarization plan. authorizations. (ii) Specify maximum EIRP and max- (a)(1) A license application filed pur- imum EIRP density for each space sta- suant to § 25.110(b)(2) for a GSO space tion transmitting antenna beam. If the station or NGSO space station or satellite uses shapeable antenna space-station constellation must com- beams, as defined in § 25.103, specify in- prise a comprehensive proposal and stead maximum possible EIRP and must be submitted on FCC Form 312, maximum possible EIRP density with- Main Form and Schedule S, with at- in each shapeable beam’s proposed cov- tached exhibits required by paragraph erage area. Provide this information (d) of this section. for each frequency band in which the (2) An application for blanket author- transmitting antenna would operate. ity for an NGSO constellation of space For bands below 15 GHz, specify EIRP stations that are not all technically density in dBW/4 kHz; for bands at and identical must provide the information above 15 GHz, specify EIRP density in required by paragraphs (c) and (d) of dBW/MHz. If the EIRP density varies this section for each type of station in over time, specify the maximum pos- the constellation. sible EIRP density. (3) For an application filed pursuant (iii)–(iv) [Reserved] to the two-step procedure in (v) For each space station receiving § 25.110(b)(3), the filing pursuant to beam other than command beams, § 25.110(b)(3)(iii) must be submitted on specify the gain-to-temperature ratio FCC Form 312, Main Form and Sched- at beam peak. For receiving beams fed ule S, with attached exhibits as re- into transponders, also specify the quired by paragraph (d) of this section, minimum and maximum saturation and must constitute a comprehensive flux density at beam peak. If the sat- proposal. ellite uses shapeable beams, specify the (b) Each application for a new or minimum and maximum gain-to-tem- modified space station authorization perature ratio within each shapeable must contain the formal waiver re- beam’s proposed coverage area, and for quired by 47 U.S.C. 304. shapeable receiving beams fed into (c) The following information shall transponders, specify the minimum and be filed on FCC Form 312, Main Form maximum saturation power flux den- and Schedule S: sity within the 0 dB relative antenna (1) Name, address, and telephone gain isoline. Provide this information number of the applicant; for each frequency band in which the (2) Name, address, and telephone receiving beam can operate. For com- number of the person(s), including mand beams, specify the beam peak counsel, to whom inquiries or cor- flux density at the command threshold; respondence should be directed; (vi)(A) For space stations in geo- (3) Type of authorization requested stationary orbit, specify predicted (e.g., launch authority, station license, space station antenna gain contour(s) modification of authorization); for each transmit and receive antenna

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beam, except for beams where the con- this section, with a description of a tour at 8 dB below peak falls entirely proposed coverage area for each steer- beyond the edge of the visible Earth. able beam or provide the contour infor- These contour(s) should be plotted on mation described in paragraph an area map at 2 dB intervals down to (c)(4)(vi)(C) of this section for each 10 dB below the peak gain and at 5 dB steerable beam. intervals between 10 dB and 20 dB (vii) For geostationary satellites below the peak gain. Applicants must with large numbers of identical fixed present this information in a GIMS- spot beams, other than DBS satellites, readable format. applicants may, as an alternative to (B) For space stations in non-geo- submitting the information described stationary orbits, specify for each in paragraph (c)(4)(vi) of this section unique orbital plane the predicted an- with respect to these beams, provide tenna gain contour(s) for each transmit the predicted antenna gain contours and receive antenna beam for one space for one transmit and receive antenna station if all space stations are iden- beam, together with one of the fol- tical in the constellation. If individual lowing: space stations in the constellation (A) An area map showing all of the have different antenna beam configura- spot beams depicted on the surface of tions, specify the predicted antenna the Earth; gain contours for each transmit and re- (B) A table identifying the maximum ceive beam for each space station type antenna gain point(s) in latitude and and orbit or orbital plane requested. longitude to the nearest 0.1 degree; or The contours should be plotted on an (C) A map of the isolines formed by area map with the beam depicted on combining all of the spot beams into the surface of the earth with the space one or more composite beams. For non- stations’ peak antenna gain pointed at geostationary satellites with large nadir to a latitude and longitude with- numbers of identical fixed beams on in the proposed service area. The con- each satellite, applicants may, as an tour(s) should be plotted at 2 dB inter- alternative to submitting the informa- vals down to 10 dB below the peak gain tion described in paragraph (c)(4)(vi) of and at 5 dB intervals between 10 dB and this section with respect to those 20 dB below the peak gain. For inter- beams, specify the predicted antenna satellite links, specify the peak an- gain contours for one transmit and re- tenna gain and 3 dB beamwidth. ceive beam pointed to nadir, together (C) For space stations with shapeable with an area map showing all of the antenna beams, specify the contours, spot beams depicted on the surface of as defined in paragraph (c)(4)(vi)(A) or the earth with the satellites’ peak an- (B) of this section, for the transmitting tenna gain pointed to a selected lati- beam configuration that results in the tude and longitude within the service highest EIRP density for the beams area. listed in paragraph (c)(4)(ii) of this sec- (5) For space stations in geo- tion and for the receiving beam con- stationary orbit: figuration with the smallest gain-to- (i) Orbital location requested, temperature ratio and the highest re- (ii) [Reserved] quired saturation power flux density (iii) East-west station-keeping range, for the beams listed in paragraph (iv) North-south station-keeping (c)(4)(v) of this section. If the shapeable range, and beams are also steerable, include the (v) Accuracy to which antenna axis contours that would result from mov- attitude will be maintained; ing the beam peak around the limit of (6) For space stations in non-geo- the effective beam peak area and the 0 stationary orbits: dB relative antenna gain isoline. The (i) The number of orbital planes and proposed maximum coverage area must the number of space stations in each be clearly specified. plane, (D) For a space station with steerable (ii) The inclination of the orbital beams that are not shapeable, specify plane(s), the applicable contours, as defined in (iii) The orbital period, paragraph (c)(4)(vi)(A) or (c)(4)(vi)(B) of (iv) The apogee,

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(v) The perigee, Satellite Service, 2 FCC Rcd 485 (1987) (vi) The argument(s) of perigee, (Available at address in § 0.445 of this (vii) Active service arc(s), chapter.); (viii) Right ascension of the ascend- (9) Applications to license multiple ing node(s), and space station systems in the non-voice, (ix) For each satellite in each orbital non-geostationary mobile-satellite plane, the initial phase angle at the service under blanket operating au- reference time; thority shall also provide all informa- (7) The frequency bands, types of tion specified in § 25.142; and service, and coverage areas; (10) An application for space station (8) Calculated maximum power flux- authorization in the 1.6/2.4 GHz or 2 density levels within each coverage GHz Mobile-Satellite Service must in- area and energy dispersal bandwidths, clude information required by if any, needed for compliance with § 25.143(b); § 25.208, for the angles of arrival speci- (11) Applications for space stations in fied in the applicable paragraph(s) of the Direct Broadcast Satellite Service § 25.208, except for an NGSO FSS appli- must include a clear and detailed state- cant certifying compliance with PFD ment of whether the space station is to limits under § 25.146(a)(1); be operated on a broadcast or non- (9) [Reserved] broadcast basis; (10) Estimated operational lifetime; (12) The information required by (11) Whether the space station is to § 25.146, if the application is for an be operated on a common carrier basis; NGSO FSS system authorization with- (12) [Reserved] in the 10.7–30 GHz band. (13) And the polarization information (13) For satellite applications in the necessary to determine compliance Direct Broadcast Satellite Service, if with § 25.210(i). the proposed system’s technical char- (d) The following information in nar- acteristics differ from those specified rative form shall be contained in each in the Appendix 30 BSS Plans, the Ap- application, except space station appli- pendix 30A feeder link Plans, Annex 5 cations filed pursuant to § 25.122 or to Appendix 30 or Annex 3 to Appendix § 25.123: 30A of the ITU Radio Regulations, each (1) Overall description of system fa- applicant must provide: cilities, operations and services and ex- (i) The information requested in Ap- planation of how uplink frequency pendix 4 of the ITU Radio Regulations. bands would be connected to downlink Further, applicants must provide suffi- frequency bands; cient technical showing that the pro- (2)–(5) [Reserved] posed system could operate satisfac- (6) Public interest considerations in torily if all assignments in the BSS support of grant; and feeder link Plans were imple- (7) Applicants for authorizations for mented. space stations in the Fixed-Satellite (ii) Analyses of the proposed system Service, including applicants proposing with respect to the limits in Annex 1 to feeder links for space stations oper- Appendices 30 and 30A of the ITU Radio ating in the 17/24 GHz Broadcasting- Regulations. Satellite Service, must also include the (14) A description of the design and information specified in § 25.140(a). Ap- operational strategies that will be used plicants for authorizations for space to mitigate orbital debris, including stations in the 17/24 GHz Broadcasting- the following information: Satellite Service must also include the (i) A statement that the space sta- information specified in § 25.140(b); tion operator has assessed and limited (8) Applications for authorizations in the amount of debris released in a the Mobile-Satellite Service in the planned manner during normal oper- 1545–1559/1646.5–1660.5 MHz frequency ations, and has assessed and limited bands shall also provide all informa- the probability of the space station be- tion necessary to comply with the poli- coming a source of debris by collisions cies and procedures set forth in Rules with small debris or meteoroids that and Policies Pertaining to the Use of could cause loss of control and prevent Radio Frequencies in a Land Mobile post-mission disposal;

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(ii) A statement that the space sta- orbit location, it must assess whether tion operator has assessed and limited there are any known satellites located the probability of accidental explosions at, or reasonably expected to be lo- during and after completion of mission cated at, the requested orbital loca- operations. This statement must in- tion, or assigned in the vicinity of that clude a demonstration that debris gen- location, such that the station keeping eration will not result from the conver- volumes of the respective satellites sion of energy sources on board the might overlap. If so, the statement spacecraft into energy that fragments must include a statement as to the the spacecraft. Energy sources include identities of those parties and the chemical, pressure, and kinetic energy. measures that will be taken to prevent This demonstration should address collisions; whether stored energy will be removed (iv) A statement detailing the post- at the spacecraft’s end of life, by de- mission disposal plans for the space pleting residual fuel and leaving all station at end of life, including the fuel line valves open, venting any pres- quantity of fuel—if any—that will be surized system, leaving all batteries in reserved for post-mission disposal ma- a permanent discharge state, and re- neuvers. For geostationary-Earth orbit moving any remaining source of stored space stations, the statement must dis- energy, or through other equivalent close the altitude selected for a post- procedures specifically disclosed in the mission disposal orbit and the calcula- application; tions that are used in deriving the dis- (iii) A statement that the space sta- posal altitude. The statement must tion operator has assessed and limited also include a casualty risk assessment the probability of the space station be- if planned post-mission disposal incoming a source of debris by collisions volves atmospheric re-entry of the with large debris or other operational space station. In general, an assess- space stations. Where a space station ment should include an estimate as to will be launched into a low-Earth orbit whether portions of the spacecraft will that is identical, or very similar, to an survive re-entry and reach the surface orbit used by other space stations, the of the Earth, as well as an estimate of statement must include an analysis of the resulting probability of human cas- the potential risk of collision and a de- ualty. Applicants for space stations to scription of what measures the space be used only for commercial remote station operator plans to take to avoid sensing may, in lieu of submitting de- in-orbit collisions. If the space station tailed post-mission disposal plans to operator is relying on coordination the Commission, certify that they have with another system, the statement submitted such plans to the National must indicate what steps have been Oceanic and Atmospheric Administra- taken to contact, and ascertain the tion for review. likelihood of successful coordination of (v) For non-U.S.-licensed space sta- physical operations with, the other tions, the requirement to describe the system. The statement must disclose design and operational strategies to the accuracy—if any—with which or- minimize orbital debris risk can be sat- bital parameters of non-geostationary isfied by demonstrating that debris satellite orbit space stations will be mitigation plans for the space sta- maintained, including apogee, perigee, tion(s) for which U.S. market access is inclination, and the right ascension of requested are subject to direct and ef- the ascending node(s). In the event fective regulatory oversight by the na- that a system is not able to maintain tional licensing authority. orbital tolerances, i.e., it lacks a pro- (15) Each applicant for a space sta- pulsion system for orbital mainte- tion license in the 17/24 GHz broad- nance, that fact should be included in casting-satellite service shall include the debris mitigation disclosure. Such the following information as an attach- systems must also indicate the antici- ment to its application: pated evolution over time of the orbit (i) If the applicant proposes to oper- of the proposed satellite or satellites. ate in the 17.3–17.7 GHz frequency band, Where a space station requests the as- a demonstration that the proposed signment of a geostationary-Earth space station will comply with the

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power flux density limits in § 25.208(w) GHz broadcasting-satellite service, unless the applicant provides a certifi- maximum orbital eccentricity. cation under paragraph (d)(15)(ii) of [68 FR 63997, Nov. 12, 2003, as amended at 69 this section. FR 29901, May 26, 2004; 69 FR 47794, Aug. 6, (ii) In cases where the proposed space 2004; 69 FR 54587, Sept. 9, 2004; 72 FR 50027, station will not comply with the power Aug. 29, 2007; 72 FR 60278, Oct. 24, 2007; 76 FR flux density limits set forth in 50431, Aug. 15, 2011; 78 FR 8421, Feb. 6, 2013; 79 § 25.208(w) of this part, the applicant FR 8314, Feb. 12, 2014; 81 FR 55326, Aug. 18, 2016; 82 FR 59984, Dec. 18, 2017; 83 FR 34489, will be required to provide a certifi- July 20, 2018; 85 FR 43733, July 20, 2020] cation that all potentially affected parties acknowledge and do not object to EFFECTIVE DATE NOTE: At 85 FR 52450, Aug. 25, 2020, § 25.114 was amended by revising the use of the applicant’s higher power paragraph (d)(14). This amendment contains flux densities. The affected parties information collection and recordkeeping re- with whom the applicant must coordi- quirements and will not become effective nate are those GSO 17/24 GHz BSS sat- until approval has been given by the Office of ellite networks located up to ±6° away Management and Budget. For the conven- for excesses of up to 3 dB above the ience of the user, the revised text is set forth below: power flux-density levels specified in § 25.208(w) of this part, and up to ±10° § 25.114 Applications for space station au- away greater for excesses greater than thorizations. 3 dB above those levels. (iii) If the applicant proposes to pro- * * * * * vide international service in the 17.7– (d) * * * 17.8 GHz frequency band, a certification (14) A description of the design and oper- that the proposed space station will ational strategies that will be used to miti- comply with the power flux density gate orbital debris, including the following limits in § 25.208(c). information: (i) A statement that the space station op- (iv) Any information required by erator has assessed and limited the amount § 25.264(a)(6), 25.264(b)(4), or 25.264(d). of debris released in a planned manner dur- (16) In addition to the requirements ing normal operations. Where applicable, of paragraph (d)(15) of this section, this statement must include an orbital de- each applicant for a license to operate bris mitigation disclosure for any separate deployment devices, distinct from the space a 17/24 GHz BSS space station that will station launch vehicle, that may become a be used to provide video programming source of orbital debris; directly to consumers in the United (ii) A statement indicating whether the States, that will not meet the require- space station operator has assessed and lim- ments of § 25.225 of this part, must in- ited the probability that the space station(s) clude as an attachment to its applica- will become a source of debris by collision with small debris or meteoroids that would tion a technical analysis dem- cause loss of control and prevent disposal. onstrating that providing video pro- The statement must indicate whether this gramming service to consumers in probability for an individual space station is Alaska and Hawaii that is comparable 0.01 (1 in 100) or less, as calculated using the to the video programming service pro- NASA Debris Assessment Software or a high- vided to consumers in the 48 contig- er fidelity assessment tool; (iii) A statement that the space station op- uous United States (CONUS) is not fea- erator has assessed and limited the prob- sible as a technical matter or that, ability, during and after completion of mis- while technically feasible, such service sion operations, of accidental explosions or would require so many compromises in of release of liquids that will persist in drop- satellite design and operation as to let form. This statement must include a make it economically unreasonable. demonstration that debris generation will not result from the conversion of energy (17) [Reserved] sources on board the spacecraft into energy (18) For space stations in the Direct that fragments the spacecraft. Energy Broadcast Satellite service or the 17/24 sources include chemical, pressure, and kinetic energy. This demonstration should address whether stored energy will be removed at the spacecraft’s end of life, by depleting residual fuel and leaving all fuel line valves

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open, venting any pressurized system, leav- collision risk if necessary. As appropriate, ing all batteries in a permanent discharge steps to assess and mitigate the collision state, and removing any remaining source of risk should include, but are not limited to: stored energy, or through other equivalent Contacting the operator of any active space- procedures specifically disclosed in the appli- craft involved in such a warning; sharing cation; ephemeris data and other appropriate oper- (iv) A statement that the space station op- ational information with any such operator; erator has assessed and limited the prob- and modifying space station attitude and/or ability of the space station(s) becoming a operations. source of debris by collisions with large de- (B) Where a space station requests the as- bris or other operational space stations. signment of a geostationary orbit location, (A) Where the application is for an NGSO it must assess whether there are any known space station or system, the following infor- satellites located at, or reasonably expected mation must also be included: to be located at, the requested orbital loca- (1) A demonstration that the space station tion, or assigned in the vicinity of that loca- operator has assessed and limited the prob- tion, such that the station keeping volumes ability of collision between any space sta- of the respective satellites might overlap or tion of the system and other large objects (10 touch. If so, the statement must include a cm or larger in diameter) during the total statement as to the identities of those sat- orbital lifetime of the space station, includ- ellites and the measures that will be taken ing any de-orbit phases, to less than 0.001 (1 to prevent collisions; in 1,000). The probability shall be calculated (v) A statement addressing the using the NASA Debris Assessment Software trackability of the space station(s). Space or a higher fidelity assessment tool. The col- station(s) operating in low-Earth orbit will lision risk may be assumed zero for a space be presumed trackable if each individual station during any period in which the space space station is 10 cm or larger in its small- station will be maneuvered effectively to est dimension, excluding deployable compo- avoid colliding with large objects. nents. Where the application is for an NGSO (2) The statement must identify character- space station or system, the statement shall istics of the space station(s)’ orbits that may also disclose the following: present a collision risk, including any planned and/or operational space stations in (A) How the operator plans to identify the those orbits, and indicate what steps, if any, space station(s) following deployment and have been taken to coordinate with the other whether space station tracking will be active spacecraft or system, or what other meas- or passive; ures the operator plans to use to avoid colli- (B) Whether, prior to deployment, the sion. space station(s) will be registered with the (3) If at any time during the space sta- 18th Space Control Squadron or successor en- tion(s)’ mission or de-orbit phase the space tity; and station(s) will transit through the orbits (C) The extent to which the space station used by any inhabitable spacecraft, including operator plans to share information regard- the International Space Station, the state- ing initial deployment, ephemeris, and/or ment must describe the design and oper- planned maneuvers with the 18th Space Con- ational strategies, if any, that will be used trol Squadron or successor entity, other en- to minimize the risk of collision and avoid tities that engage in space situational posing any operational constraints to the in- awareness or space traffic management func- habitable spacecraft. tions, and/or other operators. (4) The statement must disclose the accu- (vi) A statement disclosing planned prox- racy, if any, with which orbital parameters imity operations, if any, and addressing de- will be maintained, including apogee, per- bris generation that will or may result from igee, inclination, and the right ascension of the proposed operations, including any the ascending node(s). In the event that a planned release of debris, the risk of acci- system is not able to maintain orbital toler- dental explosions, the risk of accidental col- ances, e.g., its propulsion system will not be lision, and measures taken to mitigate those used for orbital maintenance, that fact must risks. be included in the debris mitigation disclo- (vii) A statement detailing the disposal sure. Such systems must also indicate the plans for the space station, including the anticipated evolution over time of the orbit quantity of fuel—if any—that will be re- of the proposed satellite or satellites. All served for disposal maneuvers. In addition, systems must describe the extent of satellite the following specific provisions apply: maneuverability, whether or not the space (A) For geostationary orbit space stations, station design includes a propulsion system. the statement must disclose the altitude se- (5) The space station operator must certify lected for a disposal orbit and the calcula- that upon receipt of a space situational tions that are used in deriving the disposal awareness conjunction warning, the operator altitude. will review and take all possible steps to as- (B) For space stations terminating oper- sess the collision risk, and will mitigate the ations in an orbit in or passing through the

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low-Earth orbit region below 2,000 km alti- regulatory oversight by the national licens- tude, the statement must disclose whether ing authority. the spacecraft will be disposed of through atmospheric re-entry, specifying if direct re- * * * * * trieval of the spacecraft will be used. The statement must also disclose the expected § 25.115 Applications for earth station time in orbit for the space station following authorizations. the completion of the mission. (C) For space stations not covered by ei- (a)(1) Transmitting earth stations. ther paragraph (d)(14)(vii)(A) or (B) of this Commission authorization must be ob- section, the statement must indicate wheth- tained for authority to operate a trans- er disposal will involve use of a storage orbit mitting earth station. Applications for or long-term atmospheric re-entry and ra- transmitting earth stations must be tionale for the selected disposal plan. filed electronically through the Inter- (D) For all space stations under paragraph national Bureau Filing System (IBFS) (d)(14)(vii) (B) or (C) of this section, the fol- in accordance with the applicable pro- lowing additional specific provisions apply: visions of part 1, subpart Y of this (1) The statement must include a dem- chapter. Applications must be filed onstration that the probability of success of electronically on FCC Form 312, Main the chosen disposal method will be 0.9 or Form and Schedule B, and include the greater for any individual space station. For information specified in this section, space station systems consisting of multiple except as set forth in paragraph (a)(2) space stations, the demonstration should in- of this section. clude additional information regarding ef- (2) Applicants for licenses for trans- forts to achieve a higher probability of success, with a goal, for large systems, of a mitting earth stations in the FSS may probability of success for any individual file on FCC Form 312EZ if all of the fol- space station of 0.99 or better. For space sta- lowing criteria are met: tions under paragraph (d)(14)(vii)(B) of this (i) The application is for a single sta- section, successful disposal is defined as at- tion that will transmit to an FSS GSO mospheric re-entry of the spacecraft within space station, or stations, in the 5925– 25 years or less following completion of the 6425 MHz band, or for single or multiple mission. For space stations under paragraph stations that will transmit to an FSS (d)(14)(vii)(C) of this section, successful dis- GSO space station, or stations, in the posal will be assessed on a case-by-case basis. 14.0–14.5 GHz, 28.35–28.6 GHz, and/or (2) If planned disposal is by atmospheric re- 29.5–30.0 GHz band; entry, the statement must also include: (ii) The earth station(s) will not be (i) A disclosure indicating whether the at- installed or operated on ships, aircraft, mospheric re-entry will be an uncontrolled or other moving vehicles; re-entry or a controlled targeted reentry. (iii) The application meets all rel- (ii) An assessment as to whether portions evant criteria in § 25.211 or § 25.212 or in- of any individual spacecraft will survive atmospheric re-entry and impact the surface of cludes information filed pursuant to the Earth with a kinetic energy in excess of paragraph (g)(1) of this section indi- 15 joules, and demonstration that the cal- cating that off-axis EIRP density from culated casualty risk for an individual space- the proposed earth stations will not ex- craft using the NASA Debris Assessment ceed relevant levels specified in § 25.218; Software or a higher fidelity assessment tool and is less than 0.0001 (1 in 10,000). (iv) Operation of the proposed station (E) Applicants for space stations to be used has been successfully coordinated with only for commercial remote sensing may, in terrestrial systems, if the station lieu of submitting detailed post-mission dis- would transmit in the 5925–6425 MHz posal plans to the Commission, certify that band; they have submitted such plans to the Na- (v) The application includes an envi- tional Oceanic and Atmospheric Administra- ronmental impact statement pursuant tion for review. to § 1.1311 of this chapter, if required; (viii) For non-U.S.-licensed space stations, the requirement to describe the design and (vi) The applicant does not propose to operational strategies to minimize orbital communicate via non-U.S.-licensed debris risk can be satisfied by demonstrating space stations not on the Permitted that debris mitigation plans for the space Space Station List; and station(s) for which U.S. market access is re- (vii) If the proposed station(s) will requested are subject to direct and effective ceive in the 18.3–18.8 GHz and/or 19.7–

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20.2 GHz bands, the applicant proposes must provide the information required to communicate only via satellites for by § 25.135. which coordination has been completed (iii) Applicants for 1.6/2.4 GHz MSS pursuant to Footnote US334 of the U.S. user transceivers must demonstrate Table of Frequency Allocations with that the transceivers will operate in respect to Federal Government sys- compliance with relevant requirements tems authorized on a primary basis, in § 25.213. under an agreement previously ap- (iv) Applicants for earth stations li- proved by the Commission and the Na- censed in accordance with § 25.136 must tional Telecommunications and Infor- demonstrate that the transmitting mation Administration, and the appli- earth stations will meet the relevant cant certifies that it will operate con- criteria specified in that section, in- sistently with the agreement. cluding any showings required under (3) Unless the Commission orders § 25.136(a)(4), (c), (d)(4), and/or (e)(4). otherwise, an application filed on FCC (7) In those cases where an applicant Form 312EZ in accordance with para- is filing a number of essentially similar graph (a)(2) of this section will be applications, showings of a general na- deemed granted 35 days after the date ture applicable to all of the proposed of the public notice that the applica- stations may be submitted in the ini- tion has been accepted for filing, pro- tial application and incorporated by vided no objection is filed during the reference in subsequent applications. 30-day public notice period. (8) Transmissions of signals or pro- (4) [Reserved] gramming to non-U.S. licensed sat- (5) Applicants that are not permitted ellites, and to and/or from foreign to submit applications under paragraph points by means of U.S.-licensed fixed (a)(2) of this section on Form 312EZ, satellites may be subject to restric- must submit, as an attachment to tions as a result of international agree- their application, the following infor- ments or treaties. The Commission will mation to be used as an ‘‘informative’’ maintain public information on the in the public notice issued under status of any such agreements. § 25.151: (9) Applicants seeking to operate in a (i) A detailed description of the serv- shared government/non-government ice to be provided, including frequency band must provide the half-power beam bands and satellites to be used. The ap- width of their proposed earth station plicant must identify either the spe- antenna, as an attachment to their ap- cific satellite(s) with which it plans to plications. operate, or the eastern and western (10) With the exception of applica- boundaries of the arc it plans to coordi- tions for blanket-licensed earth station nate. networks filed pursuant to § 25.115(c) or (ii) The diameter or equivalent di- § 25.218; applications for conventional ameter of the antenna. Ka-band hub stations filed pursuant to (iii) Proposed power and power den- § 25.115(e); applications for NGSO FSS sity levels. gateway earth stations filed pursuant (iv) Identification of any random ac- to § 25.115(f); applications for individ- cess technique, if applicable. ually licensed earth stations filed pur- (v) Identification of a specific rule or suant to § 25.136; applications for ESIMs rules for which a waiver is requested. filed pursuant to § 25.115(l), § 25.115(m), (6)(i) Applicants for earth stations or § 25.115(n); or applications for 29 GHz transmitting in frequency bands shared NGSO MSS feeder-link stations in a with equal rights between terrestrial complex as defined in § 25.257, parties and space services must provide a fre- may apply, either in an initial applica- quency coordination analysis in action or an application for modification cordance with § 25.203(b) and must in- of license, for operating authority for clude any notification or demonstra- multiple transmitting FSS earth station required by any other relevant tions that are not eligible for blanket provision in § 25.203. or network licensing under another (ii) Applicants for user transceiver section of this part in the following cir- units associated with the NVNG MSS cumstances:

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(i) The antennas would transmit in (5) The registration of a receive-only frequency bands shared with terrestrial earth station results in the listing of services on a co-primary basis and the an authorized frequency band at the lo- antennas would be sited within an area cation specified in the registration. In- bounded by 1 second of latitude and 1 terference protection levels are those second of longitude. agreed to during coordination. (ii) The antennas would transmit in (6) Reception of signals or program- frequency bands allocated to FSS on a ming from non-U.S. satellites may be primary basis and there is no co-pri- subject to restrictions as a result of mary allocation for terrestrial serv- international agreements or treaties. ices, and the antennas would be sited The Commission will maintain public within an area bounded by 10 seconds information on the status of any such of latitude and 10 seconds of longitude. agreements. (b) Receive-only earth stations. Except (7) Registration term: Registrations as provided in paragraphs (b)(1) and (8) for receive-only earth stations gov- of this section, applications for li- erned by this section will be issued for censes for receive-only earth stations a period of 15 years from the date on must be submitted on FCC Form 312, which the application was filed. Appli- Main Form and Schedule B, accom- cations for renewals of registrations panied by any required exhibits and the must be submitted on FCC Form 312R information described in paragraphs (Application for Renewal of Radio Sta- (a)(5)(i) through (v) of this section. tion License in Specified Services) no Such applications must be filed elec- earlier than 90 days and no later than tronically through the International 30 days before the expiration date of Bureau Filing System (IBFS) in ac- the registration. cordance with the applicable provisions (8) Applications for modification of of part 1, subpart Y of this chapter. license or registration of receive-only (1) Receive-only earth stations in the earth stations must be made in con- FSS that operate with U.S.-licensed formance with §§ 25.117 and 25.118. In ad- space stations, or with non-U.S.-li- dition, registrants are required to no- censed space stations that have been tify the Commission when a receive- duly approved for U.S. market access, only earth station is no longer oper- may be registered with the Commission ational or when it has not been used to in order to protect them from inter- provide any service during any 6-month ference from terrestrial microwave sta- period. tions in bands shared co-equally with (9)(i) Except as set forth in paragraph the Fixed Service in accordance with (b)(9)(ii) of this section, receive-only the procedures of §§ 25.203 and 25.251, earth stations operating with non-U.S. subject to the stricture in § 25.209(c). licensed space stations must file an (2) Licensing or registration of re- FCC Form 312 requesting a license or ceive-only earth stations with the modification to operate such station. Commission confers no authority to re- (ii) Operators of receive-only earth ceive and use signals or programming stations need not apply for a license to received from satellites. See Section 705 receive transmissions from non-U.S.-li- of the Communications Act. 47 U.S.C. censed space stations that have been 605. duly approved for U.S. market access, (3) Applications for registration must provided the space station operator and be accompanied by the coordination earth station operator comply with all exhibit required by § 25.203 and any applicable rules in this chapter and other required exhibits. with applicable conditions in the Per- (4) Complete applications for reg- mitted Space Station List or market- istration will be placed on public no- access grant. tice for 30 days and automatically (c)(1) GSO FSS earth stations in 10.7– granted if no objection is submitted to 12.2 GHz or 14–14.5 GHz. A blanket li- the Commission and served on the ap- cense application for operation in the plicant. Additional pleadings are au- 10.7–12.2 GHz or 14–14.5 GHz bands may thorized in accordance with § 1.45 of be filed on FCC Form 312 or Form this chapter. 312EZ, with a Schedule B for each large

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(5 meters or larger) hub station an- type of antenna that will operate with- tenna and each representative type of in the network. Such lead applications small antenna (less than 5 meters) op- for a single system must identify: erating within the network; however, (A) No more than three geo- blanket licensing in the 10.7–11.7 GHz stationary satellites to be accessed; band is on an unprotected basis with (B) The amount of frequency band- respect to the fixed service. width sought, up to a maximum of 20 (i) Applications to license networks MHz of spectrum in each direction at of earth stations operating in the 11.7– each of the satellites (The same 20 MHz 12.2 GHz and 14.0–14.5 GHz bands under of uplink and 20 MHz of downlink spec- blanket operating authority that meet trum at each satellite would be acces- the requirements of § 25.212(c) or sible by all earth stations in the sys- § 25.218(e) or (f) will be routinely proc- tem. The 20 MHz of uplink and 20 MHz essed. of downlink spectrum need not be the (ii) Applications to license networks same at each satellite location); of earth stations operating in the 11.7– (C) The maximum number of earth 12.2 GHz and 14.0–14.5 GHz bands under station sites; blanket operating authority that do (ii) Following the issuance of a li- not meet the requirements of § 25.212(c) cense for the lead application, the li- or § 25.218(e) or (f) must comply with censee shall notify the Commission of the requirements in § 25.220 and must the complete technical parameters of be filed on FCC Form 312 with a Sched- each individual earth station site be- ule B for each large (5 meters or larger) hub station antenna and each rep- fore that site is bought into operation resentative type of small antenna (less under the lead authorization. Full fre- than 5 meters) operating within the quency coordination of each individual network. site (e.g., for each satellite and the (2) Networks of earth stations operating spectrum associated therewith) shall in the 3700–4200 MHz and 5925–6425 MHz be completed prior to filing Commis- bands. Applications to license networks sion notification. The coordination of earth stations operating in the 3700– must be conducted in accordance with 4200 MHz and 5925–6425 MHz bands must § 25.203. Such notification shall be done be filed electronically on FCC Form by electronic filing and shall be con- 312, Main Form and Schedule B. Appli- sistent with the technical parameters cations will be routinely processed proof Schedule B of FCC Form 312. vided that frequency coordination has (iii) Following successful coordina- been satisfactorily completed and that tion of such an earth station, if the the proposed earth stations comply earth station operator does not file a with the applicable provisions in lead application or a Schedule B within § 25.211(d) or § 25.212(d). Alternatively, six months after it successfully com- applicants that have satisfactorily pletes coordination, it will be assumed completed frequency coordination may that such frequency use is no longer be routinely processed if the proposed desired, unless a second notification earth stations comply with the applica- has been received within ten days prior ble off-axis EIRP density limits in to the end of the six month period. § 25.218(c) or (d). Such renewal notifications must be (i) For earth station antennas oper- sent to all parties concerned. If the ating with power levels not consistent lead application or Schedule B, or re- with the applicable provisions in newal notification, is not timely re- § 25.211(d) or § 25.212(d), or with EIRP ceived, the coordination will lapse and density levels not consistent with the licensee must re-coordinate the rel- those specified in § 25.218(c) or (d), the evant earth stations if it still wishes to applicant must file an initial lead ap- bring them into operation. plication providing a detailed overview (iv) Operation of each individual site of the complete network. Such lead ap- may commence immediately after the plications must fully identify the scope public notice is released that identifies and nature of the service to be pro- the notification sent to the Commis- vided, as well as the complete tech- sion and if the requirements of para- nical details of each representative graph (c)(2)(vi) of this section are met.

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Continuance of operation of each sta- mission’s rules (with the exception of a tion for the duration of the lead license request for waiver pertaining to fees); term shall be dependent upon success- (4) The applicant has determined that ful completion of the normal public no- the facility(ies) will not significantly tice process. If any objections are re- affect the environment as defined in ceived to the new station prior to the § 1.1307 of this chapter after complying end of the 30 day comment period of with any applicable environmental no- the Public Notice, the licensee shall tification procedures specified in immediately cease operation of those § 17.4(c) of this chapter. particular stations until the coordina- (5) The station site does not lie with- tion dispute is resolved and the li- in 56.3 kilometers of any international censee informs the Commission of the border or within a radio ‘‘Quiet Zone’’ resolution. If the requirements of para- identified in § 1.924 of this chapter; and graph (c)(2)(vi) of this section are not (6) The filed application is consistent met, operation may not commence with the proposal that was coordinated until the Commission issues the public pursuant to § 25.251. notice acting on the terminal author- (B) Conditional authority ceases im- ization. mediately if the Schedule B is returned (v) Each licensee shall annually pro- by the Commission because it is not ac- vide the Commission an updated list of cepted for filing. all operational earth stations in its (C) A conditional authorization pur- system. The annual list shall also in- suant to paragraphs (c)(2)(vi)(A) and clude a list of all earth stations deacti- (c)(2)(vi)(B) of this section is evidenced vated during the year and identifica- by retaining a copy of the Schedule B tion of the satellites providing service notification with the station records. to the network as of the date of the re- Conditional authorization does not port. prejudice any action the Commission (vi) Conditional authorization. (A) An may take on the subject application(s) applicant for a new radio station or or the Schedule B notifications. modification of an existing station au- (D) Conditional authority is accepted thorized under paragraph (c)(2)(i) of with the express understanding that this section in the 3700–4200; or 5925– such authority may be modified or can- 6425 MHz bands may operate the pro- celled by the Commission at any time posed station during the pendency of without hearing if, in the Commis- its application after the release of the sion’s discretion, the need for such ac- public notice accepting the notification arises. An applicant operating pur- tion for filing that complies with para- suant to this conditional authority as- graph (c)(2)(ii) of this section. The ap- sumes all risks associated with such plicant, however, must first certify operation, the termination or modi- that the following conditions are satis- fication of the conditional authority, fied: or the subsequent dismissal or denial of (1) The frequency coordination proce- its application(s). dures of § 25.203 have been successfully (E) The copy of the Schedule B notifi- completed; cation form must be posted at each sta- (2) The antenna structure has been tion operating pursuant to this section. previously studied by the Federal Avia- (vii) Period of construction. Construc- tion Administration and determined to tion of each earth station must be com- pose no hazard to aviation safety as re- pleted and the station must be brought quired by subpart B of part 17 of this into regular operation within twelve chapter; or the antenna or tower struc- months from the date that action is ture does not exceed 6.1 meters above taken to authorize that station to op- ground level or above an existing man- erate under the lead authorization, ex- made structure (other than an antenna cept as may be otherwise determined structure), if the antenna or tower has by the Commission for any particular not been previously studied by the Fed- application. eral Aviation Administration and (3) Networks of earth stations oper- cleared by the FCC; ating in the 18.3–18.8 GHz, 19.7–20.2 GHz, (3) The grant of the application(s) 28.35–28.6 GHz, and 29.25–30 GHz bands does not require a waiver of the Com- with U.S.-licensed or non-U.S.-licensed

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satellites for domestic or international (e) GSO FSS earth stations in 17.8–30 services. GHz. (1) An application for a GSO FSS (i) Applications to license networks earth station license in the 17.8–19.4 of earth stations that will transmit GHz, 19.6–20.2 GHz, 27.5–29.1 GHz, or digitally modulated signals to GSO 29.25–30 GHz bands not filed on FCC space stations in the 28.35–28.6 GHz and/ Form 312EZ pursuant to paragraph or 29.25–30.0 GHz bands under blanket (a)(2) of this section must be filed on operating authority must be filed on FCC Form 312, Main Form and Sched- FCC Form 312, or Form 312EZ if avail- ule B, and must include any informa- able, with a Schedule B for each large tion required by paragraphs (a)(5) (5 meters or larger) hub station an- through (10) or (g) or (j) of this section. tenna and each representative type of (f) NGSO FSS earth stations in 10.7–30.0 small antenna (less than 5 meters) op- GHz. (1) An application for an NGSO erating within the network and may be FSS earth station license in the 10.7– routinely processed if the criteria in 30.0 GHz band must include the certifi- paragraphs (c)(3)(i)(A) and (B) of this cation described in § 25.146(a)(2). section are met: (2) Individual or blanket license ap- (A) The applicant certifies pursuant plications may be filed for operation in to § 25.132(a)(1) that the off-axis gain of the 10.7–12.7 GHz, 14–14.5 GHz, 17.8–18.6 transmitting antennas in the network GHz, 18.8–19.4 GHz, 19.6–20.2 GHz, 28.35– will not exceed the relevant levels 29.1 GHz, or 29.5–30.0 GHz bands; how- specified in § 25.209(a) and (b) and the ever, ESIMs cannot operate in the power spectral density of any digitally 28.35–28.4 GHz band and blanket licens- modulated carrier into any transmit- ing in the 10.7–11.7 GHz, 17.8–18.3 GHz, ting earth station antenna in the pro- 19.3–19.4 GHz, and 19.6–19.7 GHz bands is posed network will not exceed 3.5 dBW/ on an unprotected basis with respect to MHz as specified in § 25.212(e). current and future systems operating (B) The application includes informa- in the fixed service. tion filed pursuant to paragraph (g)(1) (3) Individual license applications of this section indicating that off-axis EIRP density from the proposed earth only may be filed for operation in the stations will not exceed relevant rou- 12.75–13.15 GHz, 13.2125–13.25 GHz, 13.75– tine levels specified in § 25.218(i). 14 GHz, or 27.5–28.35 GHz bands. (ii) Applications to license networks (g) Applications for earth stations of earth stations operating in the 28.35– that will transmit to GSO space sta- 28.6 GHz and/or 29.25–30.0 GHz bands tions in any portion of the 5850–6725 under blanket operating authority that MHz, 13.75–14.5 GHz, 24.75–25.25 GHz, do not meet the requirements of 28.35–28.6 GHz, or 29.25–30.0 GHz bands § 25.212(e) or § 25.218(i) must comply must include, in addition to the par- with the requirements in § 25.220 and ticulars of operation identified on FCC must be filed on FCC Form 312 with a Form 312 and associated Schedule B, Schedule B for each large (5 meters or the information specified in either larger) hub station antenna and each paragraph (g)(1) or (g)(2) of this section representative type of small antenna for each earth station antenna type. (less than 5 meters) operating within (1) Specification of off-axis EIRP den- the network. sity calculated from measurements (d) Mobile-Satellite Service user made consistent with the requirements transceivers need not be individually in § 25.132(b)(1), in accordance with the licensed. Service vendors may file blan- following requirements. For purposes ket applications for such transceivers of this rule, the ‘‘off-axis angle’’ is the using FCC Form 312, Main Form and angle in degrees from a line between an Schedule B, specifying the number of earth station antenna and the target units to be covered by the blanket li- satellite. cense. A blanket license application for (i) A plot of maximum co-polarized 1.5/1.6 GHz MSS user transceivers must EIRP density in the plane tangent to include an explanation of how the ap- the GSO arc at off-axis angles from plicant will comply with the priority minus 180° to plus 180°; and preemptive access requirements in (ii) A plot of maximum co-polarized § 25.287. EIRP density in the plane tangent to

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the GSO arc at off-axis angles from tention protocol usage will be reason- minus 10° to plus 10°; able. (iii) A plot of maximum co-polarized (j) An application for a new fixed EIRP density in the plane perpen- earth station or modification involving dicular to the GSO arc at off-axis an- alteration of the overall height of one gles from 0° to plus 30°; or more existing earth station antenna (iv) A plot of maximum cross-polar- structures must include the FCC An- ized EIRP density in the plane tangent tenna Structure Registration Num- to the GSO arc at off-axis angles from ber(s) for the antenna structure(s), if minus 7° to plus 7°; assigned. If no such number has been (v) A plot of maximum cross-polar- assigned, the application must state ized EIRP density in the plane perpen- whether prior FAA notification is re- dicular to the GSO arc at off-axis an- quired by part 17 of this chapter and, if gles from minus 7° to plus 7°; so, whether the applicant or owner of (vi) For antennas for which gain the structure has notified the FAA of measurements are made pursuant to the proposed construction or alteration § 25.132(b)(1)(iv), the EIRP density plots and applied for an Antenna Structure specified in paragraphs (g)(1)(i) through Registration Number in accordance (v) of this section must be provided with part 17 of this chapter. Applicants over the specified angular ranges in who maintain that prior FAA notifica- two orthogonal planes, one of which is tion is not required for construction or tangent to the GSO arc and with the alteration of a structure with overall antenna operating at its maximum height more than 6.1 meters above skew angle, which the applicant must ground level must explain in the appli- specify. cation why such prior notification is (vii) The relevant off-axis EIRP den- not required. sity envelopes in § 25.218 must be super- (k)(1) Applicants for FSS earth sta- imposed on plots submitted pursuant tions that qualify for routine proc- to paragraphs (g)(1)(i) through (vi) of essing in the conventional or extended this section. C-bands, the conventional or extended (viii) The showing must include a Ku-bands, the conventional Ka-band, or supplemental table for each off-axis an- the 24.75–25.25 GHz band, including ESV gular range in which the relevant EIRP applications filed pursuant to para- density envelope will be exceeded, graph (m)(1) or (n)(1) of this section, specifying angular coordinates in de- VMES applications filed pursuant to grees off-axis and corresponding cal- paragraph (m)(1) or (n)(1) of this sec- culated off-axis EIRP density at 0.2° in- tion, and ESAA applications filed pur- crements over the angular range in suant to paragraph (m)(1) or (n)(1) of which the routine envelope will be ex- this section, may designate the Per- ceeded and one degree on each side of mitted Space Station List as a point of that range. communication. Once such an applica- (2) An applicant that certifies pursu- tion is granted, the earth station oper- ant to § 25.132(a)(1) that a proposed an- ator may communicate with any space tenna’s measured gain pattern con- station on the Permitted Space Station forms to relevant standards in List, provided that the operation is § 25.209(a) and (b) and that input power consistent with the technical param- density to the antenna will not exceed eters and conditions in the earth sta- the relevant limit in § 25.211 or § 25.212 tion license and any limitations placed need not provide a showing pursuant to on the space station authorization or paragraph (g)(1) of this section for op- noted in the Permitted Space Station eration with that antenna. List. (h) [Reserved] (2) Notwithstanding paragraph (k)(1) (i) An earth station applicant filing of this section, an earth station that an application for a blanket-licensed would receive signals in the 17.8–20.2 earth station network made up of FSS GHz band may not communicate with a earth stations and planning to use a space station on the Permitted Space contention protocol must include in its Station List in that band until the application a certification that its con- space station operator has completed

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coordination under Footnote US334 to and monitoring center, if the aggregate § 2.106 of this chapter. off axis EIRP densities of the trans- (l) The requirements of this para- mitter or transmitters exceed the rel- graph apply to applications for ESV op- evant off-axis EIRP density limits. eration in the 5925–6425 MHz (Earth-to- (ii) An exhibit describing the geo- space) band with GSO satellites in the graphic area(s) in which the ESVs will Fixed-Satellite Service, in addition to operate. the requirements in paragraphs (a)(1), (iii) The point of contact information (5), (6), and (i) of this section: referred to in § 25.228(e)(2). (1) Applications where any necessary (iv) Applicants for ESVs that will ex- frequency coordination has been satis- ceed the guidelines in § 1.1310 of this factorily completed, and the proposed chapter for radio frequency radiation earth station transmissions comport exposure must provide, with their envi- with the applicable provisions in ronmental assessment, a plan for miti- § 25.212(d) or the applicable off-axis gation of radiation exposure to the ex- EIRP density limits in § 25.218(d) will tent required to meet those guidelines. be routinely processed. Such applica- (m) The requirements of this para- tions must include the relevant infor- graph apply to applications for ESIM mation specified by paragraph (g) of operation in the 14.0–14.5 GHz (Earth- this section. Applicants for ESIMs op- to-space) band with GSO satellites in erating in a network using variable the Fixed-Satellite Service, in addition power density control of earth stations to the requirements in paragraphs transmitting simultaneously in shared frequencies to the same target satellite (a)(1) and (5) and (i) of this section: receiving beam must also provide the (1) Applications where any necessary certification required by § 25.212(g) or frequency coordination has been satis- § 25.218(d)(4), whichever is applicable. factorily completed, and the proposed (2) Applications where the proposed earth station transmissions comport earth station transmissions do not with the applicable provisions in comport with the applicable provisions § 25.212(c)(2) or the applicable off-axis in § 25.212(d) or the applicable off-axis EIRP density limits in § 25.218(f) will be EIRP density limits in § 25.218(d) must routinely processed. Such applications include the information specified by must include the relevant information paragraph (g)(1) of this section, and are specified by paragraph (g) of this sec- subject to the requirements of § 25.220. tion. Applicants for ESIMs operating in (3) Applications must include the fol- a network using variable power density lowing information: control of earth stations transmitting (i) ESIM applicants that meet the simultaneously in shared frequencies relevant off-axis EIRP density mask to the same target satellite receiving must certify that an ESIM system is beam must also provide the certifi- self-monitoring and capable of auto- cation required by § 25.212(g) or matically ceasing or reducing emis- § 25.218(f)(4), whichever is applicable. sions within 100 milliseconds if the (2) Applications where the proposed ESIM transmitter exceeds the relevant earth station transmissions do not off-axis EIRP density limits. ESIM ap- comport with the applicable provisions plicants that do not meet the relevant in § 25.212(c)(2) or the applicable off-axis off-axis EIRP density mask must pro- EIRP density limits in § 25.218(f) must vide a detailed showing that an ESIM include the information specified by system is self-monitoring and capable paragraph (g)(1) of this section, and are of automatically ceasing or reducing subject to the requirements of § 25.220. emissions within 100 milliseconds if the (3) Applications must include the fol- ESIM transmitter exceeds the relevant lowing information: off-axis EIRP density limits. Variable- (i) ESIM applicants that meet the power ESIM applicants must certify relevant off-axis EIRP density mask that one or more transmitters are ca- must certify that an ESIM system is pable of automatically ceasing or re- self-monitoring and capable of auto- ducing emissions within 100 milli- matically ceasing or reducing emis- seconds of receiving a command to do sions within 100 milliseconds if the so from the system’s network control ESIM transmitter exceeds the relevant

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off-axis EIRP density limits. ESIM ap- (2) Applications where the proposed plicants that do not meet the relevant earth station transmissions do not off-axis EIRP density mask must pro- comport with the applicable provisions vide a detailed showing that an ESIM in § 25.212(e) or the applicable off-axis system is self-monitoring and capable EIRP density limits in § 25.218(i) must of automatically ceasing or reducing include the information specified by emissions within 100 milliseconds if the paragraph (g)(1) of this section, and are ESIM transmitter exceeds the relevant subject to the requirements of § 25.220. off-axis EIRP density limits. Variable- (3) Applications must include the fol- power ESIM applicants must certify lowing information: that one or more transmitters are ca- (i) ESIM applicants that meet the pable of automatically ceasing or re- relevant off-axis EIRP density mask ducing emissions within 100 milli- must certify that an ESIM system is seconds of receiving a command to do self-monitoring and capable of auto- so from the system’s network control matically ceasing or reducing emis- and monitoring center, if the aggregate sions within 100 milliseconds if the off axis EIRP densities of the trans- ESIM transmitter exceeds the relevant mitter or transmitters exceed the rel- off-axis EIRP density limits. ESIM ap- evant off-axis EIRP density limits. plicants that do not meet the relevant (ii) An exhibit describing the geo- off-axis EIRP density mask must pro- graphic area(s) in which the ESIMs will vide a detailed showing that an ESIM operate. system is self-monitoring and capable (iii) The point of contact information of automatically ceasing or reducing referred to in § 25.228(e)(2), (f), or (g)(1) emissions within 100 milliseconds if the as appropriate. ESIM transmitter exceeds the relevant off-axis EIRP density limits. Variable- (iv) Applicants for ESIMs that will power ESIM applicants must certify exceed the guidelines in § 1.1310 of this that one or more transmitters are ca- chapter for radio frequency radiation pable of automatically ceasing or re- exposure must provide, with their envi- ducing emissions within 100 milli- ronmental assessment, a plan for miti- seconds of receiving a command to do gation of radiation exposure to the ex- so from the system’s network control tent required to meet those guidelines. and monitoring center, if the aggregate (n) The requirements of this para- off axis EIRP densities of the trans- graph apply to applications for ESIM mitter or transmitters exceed the rel- operation in the 28.35–28.6 GHz or 29.25– evant off-axis EIRP density limits. 30.0 GHz (Earth-to-space) band with (ii) An exhibit describing the geo- GSO satellites in the Fixed-Satellite graphic area(s) in which the ESIMs will Service, in addition to the require- operate. ments in paragraphs (a)(1) and (5) and (iii) The point of contact information (i) of this section: referred to in § 25.228(e)(2), (f), or (g)(1) (1) Applications where any necessary as appropriate. frequency coordination has been satis- (iv) Applicants for ESIMs that will factorily completed, and the proposed exceed the guidelines in § 1.1310 of this earth station transmissions comport chapter for radio frequency radiation with the applicable provisions in exposure must provide, with their envi- § 25.212(e) or the applicable off-axis ronmental assessment, a plan for miti- EIRP density limits in § 25.218(i) will be gation of radiation exposure to the ex- routinely processed. Such applications tent required to meet those guidelines. must include the relevant information (o) The requirements in this para- specified by paragraph (g) of this sec- graph apply to applications for ESIMs tion. Applicants for ESIMs operating in operation with NGSO satellites in the a network using variable power density Fixed-Satellite Service, in addition to control of earth stations transmitting the requirements in paragraphs (a)(1), simultaneously in shared frequencies (a)(5), and (i) of this section: to the same target satellite receiving (1) An exhibit describing the geo- beam must also provide the certifi- graphic area(s) in which the ESIMs will cation required by § 25.212(g) or operate and the location of hub and/or § 25.218(i)(5), whichever is applicable. gateway stations.

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(2) The point of contact information have a significant environmental effect referred to in § 25.228(e)(2), (f), or (g)(1) under § 1.1307 of this chapter. as appropriate. (3) [Reserved] (3) Applicants for ESIMs that will ex- (4) If the amendment, or the cumu- ceed the guidelines in § 1.1310 of this lative effect of the amendment, is de- chapter for radio frequency radiation termined by the Commission otherwise exposure must provide, with their envi- to be substantial pursuant to section ronmental assessment, a plan for miti- 309 of the Communications Act. gation of radiation exposure to the ex- (5) Amendments to ‘‘defective’’ space tent required to meet those guidelines. station applications, within the mean- (p) The licensee and grantees shall ing of § 25.112 will not be considered. ensure compliance with the Commis- (c) Any application for an NGSO-like sion’s radio frequency exposure re- satellite license within the meaning of quirements in §§ 1.1307(b), 2.1091, and § 25.157 will be considered to be a newly 2.1093 of this chapter, as appropriate. filed application if it is amended by a An Environmental Assessment may be major amendment (as defined by para- required if RF radiation from the pro- graph (b) of this section) after a ‘‘cut- posed facilities would, in combination off’’ date applicable to the application, with radiation from other sources, except under the following cir- cause RF power density or field cumstances: strength in an accessible area to exceed (1) The amendment resolves fre- the applicable limits specified in quency conflicts with authorized sta- § 1.1310 of this chapter. See tions or other pending applications but § 1.1307(b)(5)(ii). does not create new or increased fre- [62 FR 5928, Feb. 10, 1997] quency conflicts; (2) The amendment reflects only a EDITORIAL NOTE 1.: For FEDERAL REGISTER change in ownership or control found citations affecting § 25.115, see the List of CFR Sections Affected, which appears in the by the Commission to be in the public Finding Aids section of the printed volume interest and, for which a requested ex- and at www.govinfo.gov. emption from a ‘‘cut-off’’ date is granted; EDITORIAL NOTE 2.: At 84 FR 53651, Oct. 8, 2019, § 25.115 was amended in part by revising (3) The amendment corrects typo- paragraph (c)(1); however, the amendment graphical, transcription, or similar could not be incorporated because no new clerical errors which are clearly dem- text was set out for paragraph (c)(1). onstrated to be mistakes by reference to other parts of the application, and § 25.116 Amendments to applications. whose discovery does not create new or (a) Unless otherwise specified, any increased frequency conflicts; or pending application may be amended (4) The amendment does not create until designated for hearing, a public new or increased frequency conflicts, notice is issued stating that a sub- and is demonstrably necessitated by stantive disposition of the application events which the applicant could not is to be considered at a forthcoming have reasonably foreseen at the time of Commission meeting, or a final order filing. disposing of the matter is adopted by (d) Any application for a GSO-like the Commission. satellite license within the meaning of (b) Major amendments submitted § 25.158 will be considered to be a newly pursuant to paragraph (a) of this sec- filed application if it is amended by a tion are subject to the public notice re- major amendment (as defined by para- quirements of § 25.151. An amendment graph (b) of this section), and will will be deemed to be a major amend- cause the application to lose its status ment under the following cir- relative to later-filed applications in cumstances: the ‘‘queue’’ as described in § 25.158. (1) If the amendment increases the (e) Any amendment to an application potential for interference, or changes shall be filed electronically through the proposed frequencies or orbital lo- the International Bureau Filing Sys- cations to be used. tem (IBFS) in accordance with the ap- (2) If the amendment would convert plicable provisions of part 1, subpart Y the proposal into an action that may of this chapter. Amendments to space

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station applications must be filed on for modifications of GSO-like space Form 312 and Schedule S. Amendments station authorizations granted pursu- to earth station applications must be ant to the procedure set forth in filed on Form 312 and Schedule B. § 25.158, which seek to relocate a GSO [56 FR 24016, May 28, 1991, as amended at 68 satellite or add a frequency band to the FR 51503, Aug. 27, 2003; 69 FR 47794, Aug. 6, authorization, will be placed in a queue 2004; 78 FR 8421, Feb. 6, 2013] pursuant to § 25.158 and considered only after previously filed space station li- § 25.117 Modification of station license. cense applications or space station (a) Except as provided for in § 25.118 modification applications have been (Modifications not requiring prior au- considered. thorization), no modification of a radio (iv) Applications for modifications of station governed by this part which af- space station authorizations to in- fects the parameters or terms and con- crease the authorized bandwidth will ditions of the station authorization not be considered in cases in which the shall be made except upon application original space station authorization to and grant of such application by the was granted pursuant to the procedures Commission. set forth in § 25.157(e) or § 25.158(c)(4). (b) Both earth station and space sta- (v) Any 17/24 GHz BSS space station tion modification applications must be operator whose license is conditioned filed electronically through the Inter- to operate at less than the power level national Bureau Filing System (IBFS) otherwise permitted by § 25.208(c) and/ in accordance with the applicable pro- or (w) of this part, and is conditioned visions of part 1, subpart Y of this to accept interference from a neigh- chapter. boring 17/24 GHz BSS space station, (c) Applications for modification of may file a modification application to earth station authorizations must be remove those two conditions in the submitted on FCC Form 312, Main event that the license for that neigh- Form and Schedule B. Applications for boring space station is cancelled or modification of space station author- surrendered. In the event that two or izations must be submitted on FCC more such modification applications Form 312, Main Form and Schedule S. are filed, and those applications are Only those items that change need to mutually exclusive, the modification be specified, provided that the appli- applications will be considered on a cant certifies that the remaining infor- first-come, first-served basis pursuant mation has not changed. to the procedure set forth in § 25.158 of (d)(1) Except as set forth in § 25.118(e), this part. applications for modifications of space station authorizations shall be filed in (3) In the event that a space station accordance with § 25.114 and/or § 25.122 licensee provides notification of a or § 25.123, as applicable, but only those planned license modification pursuant items of information listed in § 25.114 to § 25.118(e), and the Commission finds and/or § 25.122 or § 25.123 that change that the proposed modification does need to be submitted, provided the ap- not meet the requirements of § 25.118(e), plicant certifies that the remaining in- the Commission will issue a public no- formation has not changed. tice announcing that the proposed li- (2) Applications for modifications of cense modification will be considered space station authorizations will be pursuant to the procedure specified in granted except under the following cir- paragraphs (d)(1) and (d)(2) of this sec- cumstances: tion. (i) Granting the modification would (e) Any application for modification make the applicant unqualified to op- of authorization to extend a required erate a space station under the Com- date of completion, as set forth in mission’s rules. § 25.133 for earth station authorizations (ii) Granting the modification re- or § 25.164 for space stations, or in- quest would not serve the public inter- cluded as a condition of any earth sta- est, convenience, and necessity. tion or space station authorization, (iii) Except as set forth in paragraph must include a verified statement from (d)(2)(iv) of this section, applications the applicant:

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(1) That states that the additional sociated feeder-link Plan in Appendix time is required due to unforeseeable 30A of the ITU Radio Regulations (both circumstances beyond the applicant’s incorporated by reference, see § 25.108). control, describes these circumstances (1) Relocation of a DBS or GSO FSS with specificity, and justifies the pre- space station by no more than 0.15° cise extension period requested; or from the initially authorized orbital (2) That states there are unique and location, provided the application in- overriding public interest concerns cludes a signed certification that: that justify an extension, identifies (i) The space station operator has as- these interests and justifies a precise sessed and limited the probability of extension period (f) An application for the satellite becoming a source of de- modification of a space station license bris as a result of collisions with large to add an ancillary terrestrial compo- debris or other operational satellites at nent to an eligible satellite network the new orbital location; and will be treated as a request for a minor (ii) The proposed station-keeping vol- modification if the particulars of oper- ume of the satellite following reloca- ations provided by the applicant com- tion will not overlap a station-keeping ply with the criteria specified in volume reasonably expected to be occu- § 25.149. Notwithstanding the treatment pied by any other satellite, including of such an application as a minor modi- those authorized by the Commission, fication, the Commission shall place applied for and pending before the any initial application for the modi- Commission, or otherwise the subject fication of a space station license to of an ITU filing and either in orbit or add an ancillary terrestrial component progressing towards launch. on notice for public comment. Except (2) Repositioning one or more an- as provided for in § 25.149(f), no applica- tenna beams by no more than 0.3 angu- tion for authority to add an ancillary lar degrees from a line between the terrestrial component to an eligible space station and the initially author- satellite network shall be granted until ized boresight location(s). the applicant has demonstrated actual [56 FR 24016, May 28, 1991, as amended at 61 compliance with the criteria specified FR 9952, Mar. 12, 1996; 62 FR 5928, Feb. 10, in § 25.149(b). 1997; 68 FR 33649, June 5, 2003; 68 FR 47858, (g) The licensee and grantees shall Aug. 12, 2003; 68 FR 51503, Aug. 27, 2003; 68 FR ensure compliance with the Commis- 62248, Nov. 3, 2003; 68 FR 63998, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, June 2, sion’s radio frequency exposure re- 2005; 72 FR 60279, Oct. 24, 2007; 78 FR 8421, quirements in §§ 1.1307(b), 2.1091, and Feb. 6, 2013; 81 FR 55328, Aug. 18, 2016; 85 FR 2.1093 of this chapter, as appropriate. 18150, Apr. 1, 2020; 85 FR 43733, July 20, 2020] An Environmental Assessment may be required if RF radiation from the pro- § 25.118 Modifications not requiring posed facilities would, in combination prior authorization. with radiation from other sources, (a) Earth station modifications, notifi- cause RF power density or field cation required. Earth station licensees strength in an accessible area to exceed may make the following modifications the applicable limits specified in without prior Commission authoriza- § 1.1310 of this chapter. See tion, provided they notify the Commis- § 1.1307(b)(5)(iii). sion, using FCC Form 312 and Schedule (h) Unless otherwise ordered by the B, within 30 days of the modification. Commission, an application for any of The notification must be filed elec- the following kinds of modification of tronically through the International the operation of a GSO space station Bureau Filing System (IBFS) in ac- will be deemed granted 35 days after cordance with the applicable provisions the date of the public notice that the of part 1, subpart Y of this chapter. application has been accepted for fil- (1) Blanket-licensed earth station op- ing, provided no objection is filed dur- erators may add remote terminals op- ing the 30-day notice period and the ap- erating on a primary basis without plication does not propose a change prior authorization, provided they have that would be inconsistent with a Com- complied with all applicable frequency mission rule or require modification of coordination procedures in accordance the BSS plan in Appendix 30 or the as- with § 25.251.

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(2) A licensee providing service on a tice to the Commission and any poten- private carrier basis may change its tially affected licensed spectrum user, operations to common carrier status provided that the operator meets the without obtaining prior Commission following requirements. The notifica- authorization. The licensee must no- tion must be filed electronically on tify the Commission using FCC Form FCC Form 312 through the Inter- 312 within 30 days after the completed national Bureau Filing System (IBFS) change to common carrier status. in accordance with the applicable pro- (3) An earth station operator may visions of part 1, subpart Y of this change a point of communication with- chapter: out prior authorization, provided the (1) The space station will be relo- operator does not repoint the earth cated to a position within ±0.15° of an station’s antenna beyond any coordi- orbital location assigned to the same nated range; and licensee. (i) The change results from a space (2) The licensee certifies that the station relocation described in para- space station will operate after the re- graph (e) of this section, or location within the technical param- (ii) The new point of communication eters authorized and coordinated for is a replacement GSO space station the space station previously assigned within ±0.15° of orbital longitude of the to that location. same location, with authority to serve (3) The licensee certifies that it will the U.S., and the change does not en- comply with all the conditions of its li- tail any increase in the earth station’s cense for operation at the changed lo- EIRP or EIRP density. cation. (4) Licensees may make other (4) The licensee certifies that it will changes to their authorized earth sta- limit operations of the space station to tions without prior authority from the tracking, telemetry, and command Commission, provided the modification functions during the relocation and does not involve: satellite drift transition period. (i) An increase in EIRP or EIRP den- (5) The licensee certifies that: sity (either main lobe or off-axis); (i) It has assessed and limited the (ii) Additional operating frequencies; probability of the satellite becoming a (iii) A change in polarization; source of debris as a result of collisions (iv) An increase in antenna height; with large debris or other operational (v) Antenna repointing beyond any satellites at the new orbital location; coordinated range or and (vi) A change from the originally au- (ii) The proposed station-keeping vol- thorized coordinates of more than 1 ume of the satellite following reloca- second in latitude or longitude for station will not overlap a station-keeping tions operating in frequency bands volume reasonably expected to be occu- shared with terrestrial systems or pied by any other satellite, including more than 10 seconds of latitude or lon- those authorized by the Commission, gitude for stations operating in fre- applied for and pending before the quency bands not shared with terres- Commission, or otherwise the subject trial systems. of an ITU filing and either in orbit or (b) Earth station modifications, notifi- progressing towards launch. cation not required. Notwithstanding (6) The licensee certifies that the re- paragraph (a) of this section, equip- location will not result in a lapse of ment in an authorized earth station service for any current customer. may be replaced without prior author- (7) If the space station to be relo- ization and without notifying the Com- cated is a DBS space station, the li- mission if the new equipment is elec- censee certifies that there will be no trically identical to the existing equip- increase in interference due to the opment. erations of the relocated space station (c)–(d) [Reserved] that would require the Commission to (e) Relocation of GSO space stations. A submit a proposed modification to the space station licensee may relocate a ITU Appendix 30 Broadcasting-Sat- GSO space station without prior au- ellite Service Plan and/or the Appendix thorization, but upon 30 days prior no- 30A feeder-link Plan (both incorporated

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by reference, see § 25.108) to the ITU tarily or involuntarily, directly or in- Radiocommunication Bureau. A DBS directly, or by transfer of control of licensee that meets this certification any corporation or any other entity) requirement is not subject to the re- your construction permit or station li- quirements in paragraph (e)(2) of this cense, or accompanying rights, except section. as provided in paragraph (h) of this sec- (8) If the space station to be relo- tion. The Commission will grant your cated is a DBS space station, the li- application only if it finds that doing censee certifies that it will meet the so will serve the public interest, con- geographic service requirements in venience, and necessity. § 25.148(c) after the relocation. (b) For purposes of this section, (f) Repositioning of NGSO space sta- transfers of control requiring Commis- tions. A licensee may reposition NGSO sion approval shall include any and all space stations within an authorized or- transactions that: bital plane without prior Commission (1) Change the party controlling the approval, provided the licensee notifies affairs of the licensee, or the Commission of the repositioning 10 (2) Effect any change in a controlling days in advance by electronic filing on interest in the ownership of the li- Form 312 in the International Bureau censee, including changes in legal or Filing System. The notification must equitable ownership. specify all changes in previously au- (c) Assignment of license. You must thorized parameters and must certify submit an FCC Form 312, Main Form the following: and Schedule A to voluntarily assign (1) The licensee will continue to com- (e.g., as by contract or other agree- ply with the conditions of the space ment) or involuntarily assign (e.g., as station license and all applicable Com- by death, bankruptcy, or legal dis- mission rules, including geographic ability) your station authorization. coverage requirements, after the repo- You must file these forms electroni- sitioning; cally through IBFS. (2) The repositioning will not in- (d) Transfer of control of corporation crease risk of harmful interference to holding license. If you want to transfer other systems not permitted by coordi- control of a corporation, which holds nation agreements; one or more licenses voluntarily or in- (3) The licensee will not request involuntarily (de jure or de facto), you creased interference protection because must submit an FCC Form 312, Main of the repositioning; Form and Schedule A. You must file (4) The licensee will monitor colli- these forms electronically through sion risk during the maneuver and take IBFS. For involuntary transfers, you any necessary evasive measures. must file your application within 10 (5) Any change of orbital altitude en- days of the event causing the transfer tailed by the repositioning will not ex- of control. You can also use FCC Form ceed 10 kilometers in extent or 30 days 312, Main Form and Schedule A for in duration and the licensee has noti- non-substantial (pro forma) transfers of fied, or will notify, the operator(s) of control. any satellite within 20 kilometers of (e) Whenever a group of station li- the interim orbit at least 10 days be- censes in the same radio service for the fore commencing the repositioning ma- same class of facility licensed to the neuver. same entity is to be assigned or transferred to a single assignee or trans- [62 FR 5928, Feb. 10, 1997, as amended at 68 FR 62248, Nov. 3, 2003; 68 FR 63999, Nov. 12, feree, a single application may be filed 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, to cover the entire group, if the appli- June 2, 2005; 79 FR 8317, Feb. 12, 2014; 81 FR cation identifies in an exhibit each sta- 55329, Aug. 18, 2016] tion by call sign, station location and expiration date of license. § 25.119 Assignment or transfer of con- (f) Assignments and transfers of control of station authorization. trol shall be completed within 180 days (a) You must file an application for from the date of authorization. Within Commission authorization before you 30 days of consummation, the Commis- can transfer, assign, dispose of (volun- sion shall be notified by letter of the

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date of consummation and the file no later than 30 days after the transfer numbers of the applications involved in or assignment is completed. No notifi- the transaction. cation is required for a pro forma trans- (g) The Commission retains discre- fer of control of a receive-only earth tion in reviewing assignments and station registrant. transfers of control of space station licenses to determine whether the initial [56 FR 24016, May 20, 1991; 56 FR 29757, June license was obtained in good faith with 20, 1991. Redesignated and amended at 62 FR 5928, 5929, Feb. 10, 1997; 68 FR 51503, Aug. 27, the intent to construct a satellite sys- 2003; 69 FR 29901, May 26, 2004; 78 FR 8421, tem. Feb. 6, 2013; 79 FR 51264, Aug. 28, 2014; 81 FR (h) Pro forma transactions involving a 55329, Aug. 18, 2016] telecommunications carrier. You do not need prior Commission approval for a § 25.120 Application for special tem- non-substantial (pro forma) transfer of porary authorization. control or assignment of license in- (a) In circumstances requiring imme- volving a telecommunications carrier, diate or temporary use of facilities, reas defined in 47 U.S.C. 153(51). However, quest may be made for special tem- the pro forma transferee or assignee porary authority to install and/or oper- must file a notification with the Com- ate new or modified equipment. The re- mission no later than 30 days after the quest must contain the full particulars transfer or assignment is completed. of the proposed operation including all The notification must be filed on FCC facts sufficient to justify the tem- Form 312, Main Form and Schedule A porary authority sought and the public and must contain a certification that interest therein. No request for tem- the transfer of control or assignment porary authority will be considered un- was pro forma and that, together with less it is received by the Commission at all previous pro forma transactions, it least 3 working days prior to the date did not result in a change in the actual of proposed construction or operation controlling party. or, where an extension is sought, the (i) Pro forma transactions not involving expiration date of the existing tem- a telecommunications carrier. A complete porary authorization. A request re- application for Commission approval of ceived within less than 3 working days a non-substantial (pro forma) transfer of control or assignment of license not may be accepted only upon due show- involving a telecommunications car- ing of extraordinary reasons for the rier, as defined in 47 U.S.C. 153(51), will delay in submitting the request which be deemed granted one business day could not have been earlier foreseen by after filing, provided that: the applicant. A copy of the request for (1) Approval does not require a waiv- special temporary authority also shall er of, or a declaratory ruling per- be forwarded to the Commission’s Co- taining to, any applicable Commission lumbia Operations Center, 9200 Farm rule; and House Lane, Columbia, MD 21046–1609. (2) The application includes a certifi- (b)(1) The Commission may grant a cation that the proposed transfer of temporary authorization only upon a control or assignment is pro forma and finding that there are extraordinary that, together with all previous pro circumstances requiring temporary op- forma transactions, it would not result erations in the public interest and that in a change in the actual controlling delay in the institution of these tem- party. porary operations would seriously prej- (j) Receive-only earth station registra- udice the public interest. Convenience tions. You do not need prior Commis- to the applicant, such as marketing sion approval for a transfer of control considerations or meeting scheduled or assignment of a receive-only earth customer in-service dates, will not be station registration. For all such deemed sufficient for this purpose. transactions other than non-substan- (2) The Commission may grant a tem- tial (pro forma) transfers of control, the porary authorization for a period not transferee or assignee must file a noti- to exceed 180 days, with additional pe- fication with the Commission on FCC riods not exceeding 180 days, if the Form 312, Main Form and Schedule A Commission has placed the special

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temporary authority (STA) request on censes for which the application was public notice. filed pursuant to §§ 25.122 and 25.123, li- (3) The Commission may grant a tem- censes for facilities governed by this porary authorization for a period not part will be issued for a period of 15 to exceed 60 days, if the STA request years. has not been placed on public notice, (2) Licenses for DBS space stations and the applicant plans to file a re- and 17/24 GHz BSS space stations li- quest for regular authority for the censed as broadcast facilities, and for service. SDARS space stations and terrestrial (4) The Commission may grant a tem- repeaters, will be issued for a period of porary authorization for a period not 8 years. Licenses for DBS space sta- to exceed 30 days, if the STA request tions not licensed as broadcast facili- has not been placed on public notice, ties will be issued for a period of 10 and an application for regular author- years. ity is not contemplated. (3) Licenses for which the application (c) Each application proposing con- was filed pursuant to § 25.122 or § 25.123 struction of one or more earth station will be issued for a period of 6 years, antennas or alteration of the overall without the possibility of extension or height of one or more existing earth replacement authorization. station antenna structures, where FAA (b) The Commission reserves the notification prior to such construction right to grant or renew station licenses or alteration is required by part 17 of for less than 15 years if, in its judg- this chapter, must include the FCC An- ment, the public interest, convenience tenna Structure Registration Num- and necessity will be served by such ac- ber(s) for the affected satellite earth tion. station antenna(s). If no such number (c) For earth stations, the license has been assigned at the time the ap- term will be specified in the instru- plication(s) is filed, the applicant must ment of authorization. state in the application whether the (d) Space stations. (1) For geo- satellite earth station antenna owner stationary-orbit space stations, the li- has notified the FAA of the proposed cense term will begin at 3 a.m. Eastern construction or alteration and applied Time on the date when the licensee no- to the FCC for an Antenna Structure tifies the Commission pursuant to Registration Number in accordance § 25.173(b) that the space station has with part 17 of this chapter. Applica- been successfully placed into orbit at tions proposing construction of one or its assigned orbital location and that more earth station antennas or alter- its operations conform to the terms ation of the overall height of one or and conditions of the space station au- more existing earth station antennas, thorization. where FAA notification prior to such (2) For non-geostationary orbit space construction or alteration is not re- stations, except for those granted quired by part 17 of this chapter, must under § 25.122 or § 25.123, the license pe- indicate such and, unless the satellite riod will begin at 3 a.m. Eastern Time earth station antenna is 6.10 meters or on the date when the licensee notifies less above ground level (AGL), must the Commission pursuant to § 25.173(b) contain a statement explaining why that operation of an initial space sta- FAA notification is not required. tion is compliant with the license [56 FR 24016, May 28, 1991, as amended at 61 terms and conditions and that the FR 4367, Feb. 6, 1996. Redesignated and space station has been placed in its au- amended at 62 FR 5928, 5929, Feb. 10, 1997; 66 thorized orbit. Operating authority for FR 9973, Feb. 13, 2001; 68 FR 51503, Aug. 27, all space stations subsequently brought 2003] into service pursuant to the license will terminate upon its expiration. § 25.121 License term and renewals. (3) For non-geostationary orbit space (a) License Term. (1) Except for li- stations granted under § 25.122 or censes for DBS space stations, SDARS § 25.123, the license period will begin at space stations and terrestrial repeat- 3 a.m. Eastern Time on the date when ers, 17/24 GHz BSS space stations li- the licensee notifies the Commission censed as broadcast facilities, and li- pursuant to § 25.173(b) that operation of

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an initial space station is compliant (iv) A certification that remaining fuel re- with the license terms and conditions serves are adequate to complete de-orbit as and that the space station has been planned; and (v) A certification that telemetry, track- placed in its authorized orbit and has ing, and command links are fully functional. begun operating. Operating authority for all space stations subsequently § 25.122 Applications for streamlined brought into service pursuant to the li- small space station authorization. cense will terminate upon its expira- (a) This section shall only apply to tion. applicants for NGSO systems that are (e) Renewal of licenses. Applications able to certify compliance with the for renewals of earth station licenses certifications set forth in paragraph (c) must be submitted on FCC Form 312R of this section. For applicants seeking no earlier than 90 days, and no later to be authorized under this section, a than 30 days, before the expiration date comprehensive proposal for Commis- of the license. Applications for space sion evaluation must be submitted for station system replacement authoriza- each space station in the proposed sys- tion for non-geostationary orbit sat- tem on FCC Form 312, Main Form and ellites shall be filed no earlier than 90 Schedule S, as described in § 25.114(a) days, and no later than 30 days, prior through (c), together with the certifi- to the end of the twelfth year of the ex- cations described in paragraph (c) of isting license term. this section and the narrative require- [56 FR 24016, May 28, 1991, as amended at 58 ments described in paragraph (d) of FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, this section. 1994. Redesignated and amended at 62 FR (b) Applications for NGSO systems 5928, 5929, Feb. 10, 1997; 65 FR 59142, Oct. 4, may be filed under this section, pro- 2000; 67 FR 12485, Mar. 19, 2002; 67 FR 51113, vided that the total number of space Aug. 7, 2002; 68 FR 51503, Aug. 27, 2003; 68 FR stations requested in the application is 63999, Nov. 12, 2003; 72 FR 50027, Aug. 29, 2007; ten or fewer. 75 FR 45067, Aug. 2, 2010; 79 FR 8317, Feb. 12, 2014; 85 FR 43733, July 20, 2020] (1) To the extent that space stations in the satellite system will be tech- EFFECTIVE DATE NOTE: At 85 FR 52451, Aug. nically identical, the applicant may 25, 2020, § 25.121 was amended by adding para- submit an application for blanket-li- graph (f). This amendment contains information collection and recordkeeping require- censed space stations. ments and will not become effective until ap- (2) Where the space stations in the proval has been given by the Office of Man- satellite system are not technically agement and Budget. For the convenience of identical, the applicant must certify the user, the added text is set forth below: that each space station satisfies the criteria in paragraph (c) of this section, § 25.121 License term and renewals. and submit technical information for each type of space station. * * * * * (c) Applicants filing for authoriza- (f) Geostationary Satellite License Term Ex- tion under the streamlined procedure tensions. (1) For geostationary space stations described in this section must include issued an initial license term for a period of with their applications certifications 15 years, licensees may apply for a modifica- that the following criteria will be met tion to extend the license term in incre- for all space stations to be operated ments of five years or less. (2) Geostationary space station licensees under the license: seeking a license term extension through a (1) The space station(s) will operate license modification application must pro- only in non-geostationary orbit; vide a statement that includes the following: (2) The total in-orbit lifetime for any (i) The requested duration of the license individual space station will be six extension; years or less; (ii) The estimated total remaining space (3) The space station(s): station lifetime; (i) Will be deployed at an orbital alti- (iii) A description of any single points of tude of 600 km or below; or failure or other malfunctions, defects, or anomalies during the space station operation (ii) Will maintain a propulsion sys- that could affect its ability to conduct end- tem and have the ability to make colli- of-life procedures as planned, and an assess- sion avoidance and deorbit maneuvers ment of the associated risk; using propulsion;

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(4) Each space station will be identi- (3) A description of means by which fiable by a unique signal-based telem- requested spectrum could be shared etry marker distinguishing it from with both current and future operators, other space stations or space objects; (e.g., how ephemeris data will be (5) The space station(s) will release shared, antenna design, earth station no operational debris; geographic locations) thereby not ma- (6) The space station operator has as- terially constraining other operations sessed and limited the probability of in the requested frequency band(s); accidental explosions, including those (4) For space stations with any resulting from the conversion of energy means of maneuverability, including sources on board the space station(s) both active and passive means, a de- into energy that fragments the space- scription of the design and operation of craft; maneuverability and deorbit systems, (7) The probability of a collision be- and a description of the anticipated tween each space station and any other evolution over time of the orbit of the large object (10 centimeters or larger) proposed satellite or satellites; and during the orbital lifetime of the space (5) In any instances where spacecraft station is 0.001 or less as calculated capable of having crew aboard will be using current National Aeronautics located at or below the deployment or- and Space Administration (NASA) soft- bital altitude of the space station seek- ware or other higher fidelity model; ing a license, a description of the de- (8) The space station(s) will be dis- sign and operational strategies that posed of post-mission through atmos- will be used to avoid in-orbit collision pheric re-entry. The probability of with such crewed spacecraft shall be human casualty from portions of the furnished at time of application. This spacecraft surviving re-entry and narrative requirement will not apply to reaching the surface of the Earth is space stations that will operate beyond zero as calculated using current NASA Earth’s orbit. software or higher fidelity models; (6) A list of the FCC file numbers or (9) Operation of the space station(s) call signs for any known applications will be compatible with existing oper- or Commission grants related to the ations in the authorized frequency proposed operations (e.g., experimental band(s). Operations will not materially license grants, other space station or constrain future space station entrants earth station applications or grants). from using the authorized frequency band(s); [85 FR 43734, July 20, 2020] (10) The space station(s) can be com- EFFECTIVE DATE NOTE: At 85 FR 52452, Aug. manded by command originating from 25, 2020, § 25.122 was amended by revising the ground to immediately cease trans- paragraphs (c) and (d). This amendment con- missions and the licensee will have the tains information collection and recordkeeping requirements and will not become capability to eliminate harmful inter- effective until approval has been given by ference when required under the terms the Office of Management and Budget. For of the license or other applicable regu- the convenience of the user, the revised text lations; is set forth below: (11) Each space station is 10 cm or larger in its smallest dimension; and § 25.122 Applications for streamlined small space station authorization. (12) Each space station will have a mass of 180 kg or less, including any propellant. * * * * * (d) The following information in nar- (c) Applicants filing for authorization rative form shall be contained in each under the streamlined procedure described in application: this section must include with their applica- (1) An overall description of system tions certifications that the following cri- facilities, operations, and services and teria will be met for all space stations to be operated under the license: an explanation of how uplink frequency (1) The space station(s) will operate only in bands would be connected to downlink non-geostationary orbit; frequency bands; (2) The total in-orbit lifetime for any indi- (2) Public interest considerations in vidual space station will be six years or less; support of grant; (3) The space station(s):

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(i) Will be deployed at an orbital altitude (d) The following information in narrative of 600 km or below; or form shall be contained in each application: (ii) Will maintain a propulsion system and (1) An overall description of system facili- have the ability to make collision avoidance ties, operations, and services and an expla- and deorbit maneuvers using propulsion; nation of how uplink frequency bands would (4) Each space station will be identifiable be connected to downlink frequency bands; by a unique signal-based telemetry marker (2) Public interest considerations in sup- distinguishing it from other space stations port of grant; or space objects; (3) A description of means by which re- (5) The space station(s) will release no quested spectrum could be shared with both operational debris; current and future operators, (e.g., how (6) The space station operator has assessed ephemeris data will be shared, antenna de- and limited the probability of accidental ex- sign, earth station geographic locations) plosions, including those resulting from the thereby not materially constraining other conversion of energy sources on board the operations in the requested frequency space station(s) into energy that fragments band(s); the spacecraft; (4) If at any time during the space station(s)’ mission or de-orbit phase the space (7) The probability of a collision between station(s) will transit through the orbits each space station and any other large object used by any inhabitable spacecraft, including (10 centimeters or larger) during the orbital the International Space Station, a descrip- lifetime of the space station is 0.001 or less as tion of the design and operational strategies, calculated using current National Aero- if any, that will be used to minimize the risk nautics and Space Administration (NASA) of collision and avoid posing any operational software or other higher fidelity model; constraints to the inhabitable spacecraft (8) The space station(s) will be disposed of shall be furnished at the time of application; post-mission through atmospheric re-entry. (5) A statement identifying characteristics The probability of human casualty from por- of the space station(s)’ orbits that may tions of the spacecraft surviving re-entry present a collision risk, including any and reaching the surface of the Earth is zero planned and/or operational space stations in as calculated using current NASA software those orbits, and indicating what steps, if or higher fidelity models; any, have been taken to coordinate with the (9) Operation of the space station(s) will be other spacecraft or system, or what other compatible with existing operations in the measures the licensee plans to use to avoid authorized frequency band(s). Operations collision; will not materially constrain future space (6) A statement disclosing how the licensee station entrants from using the authorized or operator plans to identify the space sta- frequency band(s); tion(s) following deployment and whether (10) The space station(s) can be commanded space station tracking will be active or pas- by command originating from the ground to sive; whether the space station(s) will be reg- immediately cease transmissions and the li- istered with the 18th Space Control Squad- censee will have the capability to eliminate ron or successor entity prior to deployment; harmful interference when required under and the extent to which the space station li- the terms of the license or other applicable censee or operator plans to share informa- regulations; tion regarding initial deployment, ephem- (11) Each space station is 10 cm or larger in eris, and/or planned maneuvers with the 18th its smallest dimension; Space Control Squadron or successor entity, (12) Each space station will have a mass of other entities that engage in space situa- 180 kg or less, including any propellant; tional awareness or space traffic manage- (13) The probability that any individual ment functions, and/or other operators; space station will become a source of debris (7) A description of the design and oper- by collision with small debris or meteoroids ation of maneuverability and deorbit sys- that would cause loss of control and prevent tems, if any, and a description of the antici- disposal is 0.01 (1 in 100) or less; and pated evolution over time of the orbit of the (14) Upon receipt of a space situational proposed satellite or satellites; awareness conjunction warning, the licensee (8) If there are planned proximity oper- or operator will review and take all possible ations, a statement disclosing those planned steps to assess the collision risk, and will operations, and addressing debris generation mitigate the collision risk if necessary. As that will or may result from the proposed op- appropriate, steps to assess and mitigate the erations, including any planned release of collision risk should include, but are not debris, the risk of accidental explosions, the limited to: Contacting the operator of any risk of accidental collision, and measures active spacecraft involved in such a warning; taken to mitigate those risks; sharing ephemeris data and other appro- (9) A demonstration that the probability of priate operational information with any success of disposal is 0.9 or greater for any such operator; and modifying space station individual space station. Space stations de- attitude and/or operations. ployed to orbits in which atmospheric drag

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will, in the event of a space station failure, rent NASA software or higher fidelity limit the lifetime of the space station to less models; than 25 years do not need to provide this ad- (7) Operation of the space station(s) ditional demonstration; and will be compatible with existing oper- (10) A list of the FCC file numbers or call ations in the authorized frequency signs for any known applications or Commis- band(s). Operations will not materially sion grants related to the proposed operations (e.g., experimental license grants, constrain future space station entrants other space station or earth station applica- from using the authorized frequency tions or grants). band(s); (8) The space station(s) can be com- § 25.123 Applications for streamlined manded by command originating from small spacecraft authorization. the ground to immediately cease trans- (a) This section shall only apply to missions and the licensee will have the applicants for space stations that will capability to eliminate harmful interference when required under the terms operate beyond Earth’s orbit and that of the license or other applicable regu- are able to certify compliance with the lations; certifications set forth in paragraph (b) (9) Each space station is 10 cm or of this section. For applicants seeking larger in its smallest dimension; and to be authorized under this section, a (10) Each space station will have a comprehensive proposal for Commis- mass of 500 kg or less, including any sion evaluation must be submitted for propellant. each space station in the proposed sys- (c) Applicants must also provide the tem on FCC Form 312, Main Form and information specified in § 25.122(d) in Schedule S, as described in § 25.114(a) narrative form. through (c), together with the certifications described in paragraph (b) of [85 FR 43734, July 20, 2020] this section and the requirements de- EFFECTIVE DATE NOTE: At 85 FR 52452, Aug. scribed in paragraph (c) of this section. 25, 2020, § 25.123 was amended by adding para- (b) Applicants filing for authoriza- graph (b)(11). This amendment contains in- tion under the streamlined procedure formation collection and recordkeeping requirements and will not become effective described in this section must include until approval has been given by the Office of with their applications certifications Management and Budget. For the conven- that the following criteria will be met ience of the user, the added text is set forth for all space stations to be operated below: under the license: § 25.123 Applications for streamlined small (1) The space station(s) will operate spacecraft authorization. and be disposed of beyond Earth’s orbit; * * * * * (2) The total lifetime from deployment to spacecraft end-of-life for any (b) * * * individual space station will be six (11) Upon receipt of a space situational awareness conjunction warning, the operator years or less; will review and take all possible steps to as- (3) Each space station will be identi- sess the collision risk, and will mitigate the fiable by a unique signal-based telem- collision risk if necessary. As appropriate, etry marker distinguishing it from steps to assess and mitigate the collision other space stations or space objects; risk should include, but are not limited to: (4) The space station(s) will release Contacting the operator of any active spacecraft involved in such a warning; sharing no operational debris; ephemeris data and other appropriate oper- (5) No debris will be generated in an ational information with any such operator; accidental explosion resulting from the and modifying space station attitude and/or conversion of energy sources on board operations. the space station(s) into energy that fragments the spacecraft; * * * * * (6) The probability of a collision between each space station and any other § 25.129 Equipment authorization for large object (10 centimeters or larger) portable earth-station transceivers. during the lifetime of the space station (a) Except as expressly permitted by is 0.001 or less as calculated using cur- § 2.803 or § 2.1204 of this chapter, prior

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authorization must be obtained pursu- an FCC license or order reserving spec- ant to the equipment certification pro- trum. cedure in part 2, subpart J of this chap- [69 FR 5709, Feb. 6, 2004, as amended at 79 FR ter for importation, sale or lease in the 8317, Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016; United States, or offer, shipment, or 84 FR 53654, Oct. 8, 2019; 85 FR 18150, Apr. 1, distribution for sale or lease in the 2020] United States of portable earth-station transceivers subject to regulation EARTH STATIONS under part 25. This requirement does §§ 25.130–25.131 [Reserved] not apply, however, to devices imported, sold, leased, or offered, shipped, § 25.132 Verification of earth station or distributed for sale or lease before antenna performance. November 20, 2004. (a)(1) Except as provided in para- (b) For purposes of this section, an graph (a)(2) of this section, applica- earth-station transceiver is portable if tions for transmitting earth stations in it is a ‘‘portable device’’ as defined in the FSS, including feeder-link sta- § 2.1093(b) of this chapter, i.e., if its rations, must include a certification that diating structure(s) would be within 20 the applicant has reviewed the results centimeters of the operator’s body of a series of radiation pattern tests when the transceiver is in operation. performed by the antenna manufac- (c) In addition to the information re- turer on representative equipment in quired by § 2.1033(c) of this chapter, ap- representative configurations, and the test results demonstrate that the plicants for certification required by equipment meets relevant off-axis gain this section shall submit any addi- standards in § 25.209, measured in actional equipment test data necessary cordance with paragraph (b)(1) of this to demonstrate compliance with perti- section. Applicants and licensees must nent standards for transmitter per- be prepared to submit the radiation formance prescribed in §§ 25.138, pattern measurements to the Commis- 25.202(f), 25.204, 25.209, and 25.216, must sion on request. demonstrate compliance with the la- (2) Applicants that specify off-axis beling requirement in § 25.285(b), and EIRP density pursuant to § 25.115(g)(1) shall ensure compliance with the Com- are exempt from the certification re- mission’s radio frequency exposure requirement in paragraph (a)(1) of this quirements in §§ 1.1307(b), 2.1091, and section. 2.1093 of this chapter, as appropriate. (b)(1) For purposes of paragraph (a)(1) An Environmental Assessment may be of this section and § 25.115(g)(1), the fol- required if RF radiation from the pro- lowing measurements on a production posed facilities would, in combination antenna performed on calibrated an- with radiation from other sources, tenna range must be made at the top cause RF power density or field and bottom of each frequency band as- strength in an accessible area to exceed signed for uplink transmission: the applicable limits specified in (i)(A) Co-polarized gain in the azi- § 1.1310 of this chapter. Applications for muth plane must be measured across a ° equipment authorization of mobile or range extending to 180 on each side of the main-lobe axis, and the measure- portable devices operating under this ments must be represented in two section must contain a statement con- plots: one across the entire angular firming compliance with these require- range of ±180° from the main-lobe axis ments. Technical information showing and the other across ±10° from the the basis for this statement must be main-lobe axis. submitted to the Commission upon re- (B) Co-polarized gain must be meas- quest. ured from 0° to 30° from beam peak in (d) Applicants for certification re- the elevation plane. quired by this section must submit evi- (ii) Cross-polarization gain must be dence that the devices in question are measured across a range of plus and designed for use with a satellite system minus 7° from beam peak in the azi- that may lawfully provide service to muth and elevation planes. users in the United States pursuant to (iii) Main beam gain.

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(iv) For antennas with asymmetric (f) Antennas less than 3 meters in di- apertures or beams, where the minor ameter and antennas on simple (man- axis of the antenna beam (major axis of ual) drive mounts that are operated at the antenna aperture) will not always a fixed site are exempt from the re- be aligned parallel to the plane tangent quirements of paragraphs (c) and (d) of to the GSO arc, the measurements in this section provided that a detailed paragraphs (b)(1)(i) through (iii) of this technical showing is made that con- section must be made over the angular firms proper installation, pointing pro- ranges specified in paragraphs cedures, and polarization alignment (b)(1)(i)(A) and (B) of this section in and manufacturing quality control. two orthogonal planes, with the an- These showing must also include a plan tenna oriented at the maximum skew for periodic testing and field installa- angle at which it will operate. tion procedures and precautions. (2) The relevant envelope specified in (g) Records of the results of the tests § 25.209 must be superimposed on each required by this section must be main- measured pattern. tained at the antenna site or the earth (c) The tests specified in paragraph station operator’s control center and (b) of this section are normally per- be available for inspection. formed at the manufacturer’s facility; [58 FR 13419, Mar. 11, 1993, as amended at 69 but for those antennas that are very FR 5710, Feb. 6, 2004; 70 FR 32253, June 2, 2005; large and only assembled on-site, on- 72 FR 50028, Aug. 29, 2007; 74 FR 47102, Sept. site measurements may be used for 15, 2009; 74 FR 57098, Nov. 4, 2009; 78 FR 14926, product qualification data. If on-site Mar. 8, 2013; 79 FR 8318, Feb. 12, 2014; 81 FR data is to be used for qualification, the 55330, Aug. 18, 2016; 84 FR 53654, Oct. 8, 2019] test frequencies and number of patterns should follow, where possible, the § 25.133 Period of construction; certifi- recommendations in paragraph (b) of cation of commencement of oper- this section, and the test data is to be ation. submitted in the same manner as de- (a)(1) Each initial license for an earth scribed in paragraph (a) of this section. station governed by this part, except (d) For each new or modified trans- for blanket licenses, will specify as a mitting antenna over 3 meters in di- condition therein the period in which ameter, the following on-site construction of facilities must be com- verification measurements must be pleted and station operation com- completed at one frequency on an menced. Construction of the earth sta- available transponder in each fre- tion must be completed and the station quency band of interest and submitted must be brought into operation within to the Commission. 12 months from the date of the license (1) Co-polarized patterns in the ele- grant except as may be determined by vation plane, plus and minus 7 degrees, the Commission for any particular ap- in the transmit band. plication. (2) Co-polarized patterns in the azi- (2) Operation of a network of earth muth and elevation planes, plus and stations at unspecified locations under minus 7 degrees, in the receive band. an initial blanket license must com- (3) System cross-polarization discrimina- mence within 12 months from the date tion on-axis. The FCC envelope specified of the license grant unless the Commis- in § 25.209 shall be superimposed on sion orders otherwise. each pattern. The transmit patterns (b)(1) Each initial license for a trans- are to be measured with the aid of a co- mitting earth station or modified li- operating earth station in coordination cense authorizing operation of an addi- with the satellite system control cen- tional transmitting antenna, except for ter under the provisions of § 25.272. blanket licenses, will also specify as a (e) Certification that the tests re- condition therein that upon completion quired by paragraph (c) of this section of construction, the licensee must file have been satisfactorily performed with the Commission a certification shall be provided to the Commission in containing the following information: notification that construction of the (i) The name of the licensee; facilities has been completed as re- (ii) File number of the application; quired by § 25.133. (iii) Call sign of the antenna;

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(iv) Date of the license; service shall demonstrate that trans- (v) A certification that the facility as ceiver operations will not cause unac- authorized has been completed and ceptable interference to other author- that each antenna has been tested and ized users of the spectrum, based on ex- found to perform within authorized isting system information publicly gain patterns or off-axis EIRP density available at the Commission at the levels; and time of filing, and will comply with (vi) The date when the earth station operational conditions placed upon the became operational. systems with which they are to operate (vii) A statement that the station in accordance with § 25.142(b). This will remain operational during the li- demonstration shall include a showing cense period unless the license is sub- as to all the technical parameters, in- mitted for cancellation. cluding duty cycle and power limits, (2) For FSS earth stations authorized under which the individual user under a blanket license, the licensee transceivers will operate. must notify the Commission when the (b) [Reserved] earth station network commences op- (c) Transceiver units in this service eration. The notification should in- are authorized to communicate with clude the information described in and through U.S.-authorized space sta- paragraphs (b)(1)(i) through (iv) of this tions only. section and a certification that each hub antenna, and a type of antenna [58 FR 68059, Dec. 23, 1993, as amended at 69 used in remote stations in the network, FR 5710, Feb. 6, 2004; 79 FR 8319, Feb. 12, 2014] has been tested and found to perform § 25.136 Earth Stations in the 24.75– within authorized gain patterns or off- 25.25 GHz, 27.5–28.35 GHz, 37.5–40 axis EIRP density levels. For any type GHz, 47.2–48.2, GHz and 50.4–51.4 of antenna whose performance was not GHz bands. certified when the network commenced (a) FSS is secondary to the Upper operation, the licensee must submit Microwave Flexible Use Service in the the information and certification stat- 27.5–28.35 GHz band. Notwithstanding ed above for the antenna type when it that secondary status, an applicant for is first deployed. a license for a transmitting earth sta- (c) [Reserved] tion in the 27.5–28.35 GHz band that (d) Each receiving earth station li- meets one of the following criteria may censed or registered pursuant to be authorized to operate without pro- § 25.115(b) must be constructed and viding interference protection to sta- placed into service within 6 months tions in the Upper Microwave Flexible after coordination has been completed. Use Service: Each licensee or registrant must file (1) The FSS licensee also holds the with the Commission a certification relevant Upper Microwave Flexible Use that the facility is completed and oper- Service license(s) for the area in which ating as provided in paragraph (b) of the earth station generates a power this section, with the exception of cer- flux density (PFD), at 10 meters above tification of antenna patterns. ground level, of greater than or equal [56 FR 24016, May 28, 1991, as amended at 58 to ¥77.6 dBm/m2/MHz; FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, (2) The FSS earth station was au- 1994; 65 FR 59142, Oct. 4, 2000; 70 FR 32254, thorized prior to July 14, 2016; or June 2, 2005; 78 FR 8421, Feb. 6, 2013; 79 FR (3) The application for the FSS earth 8318, Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016; station was filed prior to July 14, 2016 84 FR 53654, Oct. 8, 2019] and has been subsequently granted; or § 25.134 [Reserved] (4) The applicant demonstrates compliance with all of the following cri- § 25.135 Licensing provisions for earth teria in its application: station networks in the non-voice, (i) There are no more than two other non-geostationary Mobile-Satellite authorized earth stations operating in Service. the 27.5–28.35 GHz band within the (a) Each applicant for a blanket county where the proposed earth sta- earth station license in the non-voice, tion is located that meet the criteria non-geostationary mobile-satellite contained in either paragraph (a)(1),

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(2), (3), or (4) of this section. For pur- of greater than or equal to ¥77.6 dBm/ poses of this requirement, multiple m2/MHz with respect to existing facili- earth stations that are collocated with ties constructed and in operation by or at a location contiguous to each the UMFUS licensee. In coordinating other shall be considered as one earth with UMFUS licensees, the applicant station; shall use the applicable processes con- (ii) The area in which the earth sta- tained in § 101.103(d) of this chapter. tion generates a PFD, at 10 meters (b) Applications for earth stations in above ground level, of greater than or the 37.5–40 GHz band shall provide an equal to ¥77.6 dBm/m2/MHz, together exhibit describing the zone within with the similar area of any other which the earth station will require earth station authorized pursuant to paragraph (a) of this section, does not protection from transmissions of Upper cover, in the aggregate, more than the Microwave Flexible Use Service licens- amount of population of the UMFUS li- ees. For purposes of this rule, the pro- cense area within which the earth sta- tection zone shall consist of the area tion is located as noted in table 1 to where UMFUS licensees may not locate this paragraph (a)(4)(ii): facilities without the consent of the earth station licensee. The earth sta- TABLE 1 TO PARAGRAPH (a)(4)(ii) tion applicant shall demonstrate in its application, using reasonable engineer- Maximum permitted aggre- Population within UMFUS li- gate population ing methods, that the requested protec- within ¥77.6 dBm/m2/MHz cense area PFD contour tion zone is necessary in order to proof earth stations tect its proposed earth station.

Greater than 450,000 ...... 0.1 percent of population in (c) The protection zone (as defined in UMFUS license area. paragraph (b) of this section) shall Between 6,000 and 450,000 450 people. comply with the following criteria. The Fewer than 6,000 ...... 7.5 percent of population in UMFUS license area. applicant must demonstrate compliance with all of the following criteria (iii) The area in which the earth sta- in its application: tion generates a PFD, at 10 meters (1) There are no more than two other above ground level, of greater than or authorized earth stations operating in equal to ¥77.6 dBm/m2/MHz does not the 37.5–40 GHz band within the county contain any major event venue, urban within which the proposed earth sta- mass transit route, passenger railroad, tion is located that meet the criteria or cruise ship port. In addition, the contained in paragraph (c) of this sec- area mentioned in paragraph (a)(4)(ii) tion, and there are no more than 14 of this section shall not cross any of other authorized earth stations oper- the following types of roads, as defined ating in the 37.5–40 GHz band within in functional classification guidelines the PEA within which the proposed issued by the Federal Highway Admin- earth station is located that meet the istration pursuant to 23 CFR 470.105(b): Interstate, Other Freeways and Ex- criteria contained in paragraph (c) of pressways, or Other Principal Arterial. this section. For purposes of this re- The Federal Highway Administration quirement, multiple earth stations Office of Planning, Environment, and that are collocated with or at a loca- Realty Executive Geographic Informa- tion contiguous to each other shall be tion System (HEPGIS) map contains considered as one earth station; information on the classification of (2) The protection zone, together roads. For purposes of this rule, an with the protection zone of other earth urban area shall be an Adjusted Urban stations in the same PEA authorized Area as defined in section 101(a)(37) of pursuant to this, does not cover, in the Title 21 of the United States Code. aggregate, more than the amount of (iv) The applicant has successfully population of the PEA within which completed frequency coordination with the earth station is located as noted in the UMFUS licensees within the area table 2 to this paragraph (c)(2): in which the earth station generates a PFD, at 10 meters above ground level,

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TABLE 2 TO PARAGRAPH (c)(2) 10 meters above ground level, of greater than or equal to ¥77.6 dBm/m2/MHz; Population within Partial Eco- Maximum permitted aggre- or nomic Area (PEA) where gate population earth station is located within protection zone of (2) The earth station in the 47.2–48.2 earth stations GHz band was authorized prior to Feb- Greater than 2,250,000 ...... 0.1 percent of population in ruary 1, 2018; or PEA. (3) The application for the earth sta- Between 60,000 and 2,250 people. tion in the 47.2–48.2 GHz band was filed 2,250,000. prior to February 1, 2018; or Fewer than 60,000 ...... 3.75 percent of population in PEA. (4) The applicant demonstrates compliance with all of the following cri- (3) The protection zone does not con- teria in its application: tain any major event venue, urban (i) There are no more than two other mass transit route, passenger railroad, authorized earth stations operating in or cruise ship port. In addition, the the 47.2–48.2 GHz band within the coun- area mentioned in the preceding sen- ty where the proposed earth station is tence shall not cross any of the fol- located that meet the criteria con- lowing types of roads, as defined in tained in paragraph (d)(1), (2), (3), or (4) functional classification guidelines of this section, and there are no more issued by the Federal Highway Admin- than 14 other authorized earth stations istration pursuant to 23 CFR 470.105(b): operating in the 47.2–48.2 GHz band Interstate, Other Freeways and Ex- within the PEA where the proposed pressways, or Other Principal Arterial. earth station is located that meet the The Federal Highway Administration criteria contained in paragraph (d)(1), Office of Planning, Environment, and (2), (3), or (4) of this section. For pur- Realty Executive Geographic Informa- poses of this requirement, multiple tion System (HEPGIS) map contains earth stations that are collocated with information on the classification of or at a location contiguous to each roads. For purposes of this rule, an other shall be considered as one earth urban area shall be an Adjusted Urban station; Area as defined in section 101(a)(37) of (ii) The area in which the earth sta- Title 21 of the United States Code. tion generates a PFD, at 10 meters (4) The applicant has successfully above ground level, of greater than or completed frequency coordination with equal to ¥77.6 dBm/m2/MHz, together the UMFUS licensees within the pro- with the similar area of any other tection zone with respect to existing earth station authorized pursuant to facilities constructed and in operation paragraph (d) of this section, does not by the UMFUS licensee. In coordi- cover, in the aggregate, more than the nating with UMFUS licensees, the ap- amount of population of the PEA with- plicant shall use the applicable proc- in which the earth station is located as esses contained in § 101.103(d) of this noted in table 3 to this paragraph chapter. (d)(4)(ii): (d) Notwithstanding that FSS is co- primary with the Upper Microwave TABLE 3 TO PARAGRAPH (d)(4)(ii) Flexible Use Service in the 47.2–48.2 Maximum permitted aggre- GHz band, earth stations in the 47.2– Population within Partial Eco- gate population nomic Area (PEA) where within ¥77.6 dBm/m2/MHz 48.2 GHz band shall be limited to indi- earth station is located PFD contour vidually licensed earth stations. An ap- of earth stations plicant for a license for a transmitting Greater than 2,250,000 ...... 0.1 percent of population in earth station in the 47.2–48.2 GHz band PEA. must meet one of the following criteria Between 60,000 and 2,250 people. to be authorized to operate without 2,250,000. Fewer than 60,000 ...... 3.75 percent of population in providing any additional interference PEA. protection to stations in the Upper Microwave Flexible Use Service: (iii) The area in which the earth sta- (1) The FSS licensee also holds the tion generates a PFD, at 10 meters relevant Upper Microwave Flexible Use above ground level, of greater than or Service license(s) for the area in which equal to ¥77.6 dBm/m2/MHz does not the earth station generates a PFD, at contain any major event venue, any

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highway classified by the U.S. Depart- contained in either paragraph (e)(1), ment of Transportation under the cat- (2), (3), or (4) of this section, and there egories Interstate, Other Freeways and are no more than 14 other authorized Expressways, or Other Principal Arte- earth stations operating in the same rial, or an urban mass transit route, frequency band within the Partial Eco- passenger railroad, or cruise ship port; nomic Area where the proposed earth and station is located that meet the cri- (iv) The applicant has successfully teria contained in paragraph (e)(1), (2), completed frequency coordination with (3), or (4) of this section. For purposes the UMFUS licensees within the area of the requirement in this paragraph in which the earth station generates a (e)(4), multiple earth stations that are PFD, at 10 meters above ground level, collocated with or at a location contig- of greater than or equal to ¥77.6 dBm/ uous to each other shall be considered m2/MHz with respect to existing facili- as one earth station; ties constructed and in operation by (ii) The area in which the earth sta- the UMFUS licensee. In coordinating tion generates a power flux density with UMFUS licensees, the applicant (PFD), at 10 meters above ground level, shall use the applicable processes con- of greater than or equal to ¥77.6 dBm/ tained in § 101.103(d) of this chapter. m2/MHz, together with the similar area (e) Notwithstanding that FSS is co- of any other earth station operating in primary with the Upper Microwave the same frequency band authorized Flexible Use Service in the 24.75–25.25 pursuant to paragraph (e) of this sec- GHz and 50.4–51.4 GHz bands, earth station, does not cover, in the aggregate, tions in these bands shall be limited to more than the amount of population of individually licensed earth stations. An the county within which the earth sta- applicant for a license for a transmit- tion is located as noted in table 4 to ting earth station in the 24.75–25.25 GHz this paragraph (e)(4)(ii): or 50.4–51.4 GHz band must meet one of the following criteria to be authorized TABLE 4 TO PARAGRAPH (e)(4)(ii) to operate without providing any addi- Maximum permitted aggre- tional interference protection to sta- Population within the County gate population within ¥77.6 tions in the Upper Microwave Flexible where earth station is located dBm/m2/MHz PFD contour of earth stations Use Service: (1) The FSS licensee also holds the Greater than 450,000 ...... 0.1 percent of population in relevant Upper Microwave Flexible Use county. Between 6,000 and 450,000 450 people. Service license(s) for the area in which Fewer than 6,000 ...... 7.5 percent of population in the earth station generates a power county. flux density (PFD), at 10 meters above ground level, of greater than or equal (iii) The area in which the earth sta- to ¥77.6dBm/m2/MHz; tion generates a PFD, at 10 meters (2) The earth station in the 24.75–25.25 above ground level, of greater than or GHz band was authorized prior to Au- equal to ¥77.6 dBm/m2/MHz does not gust 20, 2018; or the earth station in the contain any major event venue, urban 50.4–51.4 GHz band was authorized prior mass transit route, passenger railroad, to June 12, 2019; or or cruise ship port. In addition, the (3) The application for the earth sta- area mentioned in paragraph (e)(4)(ii) tion in the 24.75–25.25 GHz band was of this section shall not cross any of filed prior to August 20, 2018; or the ap- the following types of roads, as defined plication for the earth station in the in functional classification guidelines 50.4–51.4 GHz band was filed prior to issued by the Federal Highway Admin- June 12, 2019; or istration pursuant to 23 CFR 470.105(b): (4) The applicant demonstrates com- Interstate, Other Freeways and Ex- pliance with all of the following cri- pressways, or Other Principal Arterial. teria in its application: The Federal Highway Administration (i) There are no more than two other Office of Planning, Environment, and authorized earth stations operating in Realty Executive Geographic Informa- the same frequency band within the tion System (HEPGIS) map contains county where the proposed earth sta- information on the classification of tion is located that meet the criteria roads. For purposes of this paragraph

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(e)(4), an urban area shall be an Ad- the U.S. satellite system in the rel- justed Urban Area as defined in section evant foreign markets. The exhibit re- 101(a)(37) of Title 21 of the United quired by this paragraph must also in- States Code; and clude a statement of why grant of the (iv) The applicant has successfully application is in the public interest. completed frequency coordination with This paragraph shall not apply with re- the UMFUS licensees within the area spect to requests for authority to oper- in which the earth station generates a ate using a non-U.S. licensed satellite PFD, at 10 meters above ground level, that is licensed by or seeking a license of greater than or equal to ¥77.6 dBm/ from a country that is a member of the m2/MHz with respect to existing facili- World Trade Organization for services ties constructed and in operation by covered under the World Trade Organi- the UMFUS licensee. In coordinating zation Basic Telecommunications with UMFUS licensees, the applicant Agreement. shall use the applicable processes con- (b) Any request pursuant to para- tained in § 101.103(d) of this chapter. graph (a) of this section must be filed (f) If an earth station applicant or li- electronically through the Inter- censee in the 24.75–25.25 GHz, 27.5–28.35 national Bureau Filing System and GHz, 37.5–40 GHz, 47.2–48.2 GHz and/or must include an exhibit providing legal 50.4–51.4 GHz bands enters into an and technical information for the non- agreement with an UMFUS licensee, U.S.-licensed space station of the kind their operations shall be governed by that § 25.114 or § 25.122 or § 25.123 would that agreement, except to the extent require in a license application for that that the agreement is inconsistent space station, including but not lim- with the Commission’s rules or the ited to, information required to com- Communications Act. plete Schedule S. An applicant may (g) Any earth station authorizations satisfy this requirement by cross-ref- issued pursuant to paragraph (a)(4), (c), erencing a pending application con- (d)(4), or (e)(4) of this section shall be taining the requisite information or by conditioned upon operation being in citing a prior grant of authority to compliance with the criteria contained communicate via the space station in in the applicable paragraph. question in the same frequency bands [81 FR 79937, Nov. 14, 2016, as amended at 83 to provide the same type of service. FR 63, Jan. 2, 2018; 83 FR 34489, July 20, 2018; (c) A non-U.S.-licensed NGSO-like 84 FR 20819, May 13, 2019; 84 FR 47147, Sept. satellite system seeking to serve the 9, 2019] United States can be considered con- § 25.137 Requests for U.S. market ac- temporaneously with other U.S. NGSO- cess through non-U.S.-licensed like satellite systems pursuant to space stations. § 25.157 and considered before later-filed (a) Earth station applicants request- applications of other U.S. satellite sys- ing authority to communicate with a tem operators, and a non-U.S.-licensed non-U.S.-licensed space station and en- GSO-like satellite system seeking to tities filing a petition for declaratory serve the United States can have its re- ruling to access the United States mar- quest placed in a queue pursuant to ket using a non-U.S.-licensed space sta- § 25.158 and considered before later-filed tion must attach an exhibit with their applications of other U.S. satellite sys- FCC Form 312 demonstrating that U.S.- tem operators, if the non-U.S.-licensed licensed satellite systems have effec- satellite system: tive competitive opportunities to pro- (1) Is in orbit and operating; vide analogous services in: (2) Has a license from another admin- (1) The country in which the non-U.S. istration; or licensed space station is licensed; and (3) Has been submitted for coordina- (2) All countries in which commu- tion to the International Tele- nications with the U.S. earth station communication Union. will originate or terminate. The appli- (d) Earth station applicants request- cant bears the burden of showing that ing authority to communicate with a there are no practical or legal con- non-U.S.-licensed space station and en- straints that limit or prevent access of tities filing a petition for declaratory

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ruling to access the United States mar- opportunity to comment on whether ket must demonstrate that the non- the transaction affected any of the con- U.S.-licensed space station has com- siderations we made when we allowed plied with all applicable Commission the satellite operator to enter the U.S. requirements for non-U.S.-licensed sys- market. A non-U.S.-licensed satellite tems to operate in the United States, that has been transferred to new own- including but not limited to the fol- ers may continue to provide service in lowing: the United States unless and until the (1) Milestones; Commission determines otherwise. If (2) Reporting requirements; the transferee or assignee is not li- (3) Any other applicable service rules; censed by, or seeking a license from, a (4) The surety bond requirement in country that is a member of the World § 25.165, for non-U.S.-licensed space sta- Trade Organization for services covered tions that are not in orbit and oper- under the World Trade Organization ating. Basic Telecommunications Agreement, (5) Recipients of U.S. market access the non-U.S.-licensed satellite operator for NGSO-like satellite operation that will be required to make the showing have one market access request on file with the Commission in a particular described in paragraph (a) of this sec- frequency band, or one granted market tion. access request for an unbuilt NGSO- [62 FR 64172, Dec. 4, 1997, as amended at 64 like system in a particular frequency FR 61792, Nov. 15, 1999; 65 FR 16327, Mar. 28, band, other than those filed or granted 2000; 65 FR 59143, Oct. 4, 2000; 68 FR 51503, under the procedures in § 25.122 or Aug. 27, 2003; 68 FR 62249, Nov. 3, 2003; 69 FR § 25.123, will not be permitted to re- 51587, Aug. 20, 2004; 78 FR 8422, Feb. 6, 2013; 81 quest access to the U.S. market FR 55331, Aug. 18, 2016; 81 FR 75344, Oct. 31, through another NGSO-like system in 2016; 85 FR 43735, July 20, 2020] that frequency band. This paragraph (d)(5) shall not apply to recipients of § 25.138 Earth Stations in the 3.7–4.2 GHz band. U.S. market access applying under § 25.122 or § 25.123. (a) Applications for new, modified, or (e) An entity requesting access to the renewed earth station licenses and reg- United States market through a non- istrations in the 3.7–4.0 GHz portion of U.S.-licensed space station pursuant to the band in CONUS are no longer ac- a petition for declaratory ruling may cepted. amend its request by submitting an ad- (b) Applications for new earth station ditional petition for declaratory ruling. licenses or registrations within CONUS Such additional petitions will be treat- in the 4.0–4.2 GHz portion of the band ed on the same basis as amendments will not be accepted until the transi- filed by U.S. space station applicants tion is completed and upon announce- for purposes of determining the order ment by the International Bureau via in which the petitions will be consid- Public Notice that applications may be ered relative to pending applications filed. and petitions. (c) Fixed and temporary fixed earth (f) A non-U.S.-licensed space station stations operating in the 3.7–4.0 GHz operator that has been granted access portion of the band within CONUS will to the United States market pursuant be protected from interference by li- to a declaratory ruling may modify its U.S. operations under the procedures censees in the 3.7 GHz Service subject set forth in §§ 25.117(d) and (h) and to the deadlines set forth in § 27.1412 of 25.118(e). this chapter and are eligible for transi- (g) A non-U.S.-licensed satellite oper- tion into the 4.0–4.2 GHz band so long ator that acquires control of a non- as they: U.S.-licensed space station that has (1) Were operational as of April 19, been permitted to serve the United 2018 and continue to be operational; States must notify the Commission (2) Were licensed or registered (or within 30 days after consummation of had a pending application for license or the transaction so that the Commis- registration) in the IBFS database on sion can afford interested parties an November 7, 2018; and

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(3) Timely certified the accuracy of ers than the distance set forth in the information on file with the Com- § 101.129 of this chapter. mission by May 28, 2019. (d) Fixed and temporary earth sta- [67 FR 43037, June 26, 2002, as amended at 68 tion licenses and registrations that FR 43945, July 25, 2003] meet the criteria in paragraph (c) of SPACE STATIONS this section may be renewed or modified to maintain operations in the 4.0– § 25.140 Further requirements for li- 4.2 GHz band. cense applications for GSO space (e) Applications for new, modified, or station operation in the FSS and renewed licenses and registrations for the 17/24 GHz BSS. earth stations outside CONUS oper- (a)(1) In addition to the information ating in the 3.7–4.2 GHz band will con- required by § 25.114, an applicant for tinue to be accepted. GSO FSS space station operation in- [85 FR 22864, Apr. 23, 2020] volving transmission of analog video signals must certify that the proposed § 25.139 NGSO FSS coordination and analog video operation has been coordi- information sharing between nated with operators of authorized co- MVDDS licensees in the 12.2 GHz to 12.7 GHz band. frequency space stations within six degrees of the requested orbital location. (a) NGSO FSS licensees shall main- (2) In addition to the information retain a subscriber database in a format quired by § 25.114, an applicant for GSO that can be readily shared with FSS space station operation, including MVDDS licensees for the purpose of de- applicants proposing feeder links for termining compliance with the MVDDS space stations operating in the 17/24 transmitting antenna spacing require- GHz BSS, that will be located at an or- ment relating to qualifying existing bital location less than two degrees NGSO FSS subscriber receivers set from the assigned location of an au- forth in § 101.129 of this chapter. This thorized co-frequency GSO space sta- information shall not be used for pur- tion, must either certify that the proposes other than set forth in § 101.129 of this chapter. Only sufficient informa- posed operation has been coordinated tion to determine compliance with with the operator of the co-frequency § 101.129 of this chapter is required. space station or submit an interference (b) Within ten business days of re- analysis demonstrating the compat- ceiving notification of the location of a ibility of the proposed system with the proposed MVDDS transmitting an- co-frequency space station. Such an tenna, the NGSO FSS licensee shall analysis must include, for each type of provide sufficient information from the radio frequency carrier, the link noise database to enable the MVDDS licensee budget, modulation parameters, and to determine whether the proposed overall link performance analysis. (See MVDDS transmitting site meets the Appendices B and C to Licensing of minimum spacing requirement. Space Stations in the Domestic Fixed- (c) If the location of the proposed Satellite Service, FCC 83–184, and the MVDDS transmitting antenna site does following public notices, copies of not meet the separation requirements which are available in the Commis- of § 101.129 of this chapter, then the sion’s EDOCS database, available at NGSO FSS licensee shall also indicate https://www.fcc.gov/edocs: DA 03–3863 and to the MVDDS licensee within the DA 04–1708.) The provisions in this same ten day period specified in para- paragraph do not apply to proposed graph (b) of this section whether the analog video operation, which is sub- proposed MVDDS transmitting site is ject to the requirement in paragraph acceptable at the proposed location. (a)(1) of this section. (d) Nothing in this section shall pre- (3) In addition to the information re- clude NGSO FSS and MVDDS licensees quired by § 25.114, an applicant for a from entering into an agreement to ac- GSO FSS space station, including ap- cept MVDDS transmitting antenna lo- plicants proposing feeder links for cations that are shorter-spaced from space stations operating in the 17/24 existing NGSO FSS subscriber receiv- GHz BSS, must provide the following

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for operation other than analog video in this part, unless the non-routine operation: uplink and/or downlink FSS operation (i) With respect to proposed oper- is coordinated with operators of au- ation in the conventional or extended thorized co-frequency space stations at C-bands, a certification that downlink assigned locations within six degrees of EIRP density will not exceed 3 dBW/ the orbital location and except as pro- 4kHz for digital transmissions or 8 vided in paragraph (d) of this section. dBW/4kHz for analog transmissions and (v) With respect to proposed oper- that associated uplink operation will ation in the 4500–4800 MHz (space-to- not exceed applicable EIRP density en- Earth), 6725–7025 MHz (Earth-to-space), velopes in § 25.218 unless the non-rou- 10.70–10.95 GHz (space-to-Earth), 11.20– tine uplink and/or downlink operation 11.45 GHz (space-to-Earth), and/or 12.75– is coordinated with operators of au- 13.25 GHz (Earth-to-space) bands, a thorized co-frequency space stations at statement that the proposed operation assigned locations within six degrees of will take into account the applicable the orbital location of the proposed requirements of Appendix 30B of the space station and except as provided in ITU Radio Regulations (incorporated paragraph (d) of this section. by reference, see § 25.108) and a dem- (ii) With respect to proposed oper- onstration that it is compatible with ation in the conventional or extended other U.S. ITU filings under Appendix Ku-bands, a certification that 30B. downlink EIRP density will not exceed (vi) With respect to proposed oper- 14 dBW/4kHz for digital transmissions ation in other FSS bands, an inter- or 17 dBW/4kHz for analog trans- ference analysis demonstrating commissions and that associated uplink op- patibility with any previously author- eration will not exceed applicable ized co-frequency space station at a lo- EIRP density envelopes in § 25.218 un- cation two degrees away or a certifi- less the non-routine uplink and/or cation that the proposed operation has downlink operation is coordinated with been coordinated with the operator(s) operators of authorized co-frequency of the previously authorized space sta- space stations at assigned locations tion(s). If there is no previously au- within six degrees of the orbital loca- thorized space station at a location tion of the proposed space station and two degrees away, the applicant must except as provided in paragraph (d) of submit an interference analysis dem- this section. onstrating compatibility with a hypo- (iii) With respect to proposed oper- thetical co-frequency space station two ation in the conventional Ka-band, a degrees away with the same receiving certification that the proposed space and transmitting characteristics as the station will not generate power flux- proposed space station. density at the Earth’s surface in excess (b) Each applicant for a license to op- of ¥118 dBW/m2/MHz and that associ- erate a space station transmitting in ated uplink operation will not exceed the 17.3–17.8 GHz band must provide the applicable EIRP density envelopes in following information, in addition to § 25.218(i) unless the non-routine uplink that required by § 25.114: and/or downlink operation is coordi- (1)–(2) [Reserved] nated with operators of authorized co- (3) An applicant for a license to oper- frequency space stations at assigned lo- ate a space station transmitting in the cations within six degrees of the or- 17.3–17.8 GHz band must certify that bital location and except as provided in the downlink power flux density on the paragraph (d) of this section. Earth’s surface will not exceed the val- (iv) With respect to proposed oper- ues specified in § 25.208(c) and/or (w), or ation in the 24.75–25.25 GHz band must provide the certification specified (Earth-to-space), a certification that in § 25.114(d)(15)(ii). the proposed uplink operation will not (4) An applicant for a license to oper- exceed the applicable EIRP density en- ate a space station transmitting in the velopes in § 25.138(a) and that the asso- 17.3–17.8 GHz band to be located less ciated space station will not generate a than four degrees from a previously li- power flux density at the Earth’s sur- censed or proposed space station trans- face in excess of the applicable limits mitting in the 17.3–17.8 GHz band, must

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either certify that the proposed oper- mission. Such later applicants and pe- ation has been coordinated with the op- titioners must accept any additional erator of the co-frequency space sta- interference caused by the notified tion or provide an interference analysis non-routine transmissions. of the kind described in paragraph (a) (4) An operator of a replacement of this section, except that the appli- space station, as defined in § 25.165(e), cant must demonstrate that its pro- may operate with non-routine trans- posed network will not cause more in- mission levels to the extent permitted terference to the adjacent space sta- under paragraph (d)(3) of this section tion transmitting in the 17.3–17.8 GHz for the replaced space station. band operating in compliance with the (e)–(g) [Reserved] technical requirements of this part, [62 FR 5929, Feb. 10, 1997, as amended at 68 than if the applicant were locate at an FR 51504, Aug. 27, 2003; 72 FR 50028, Aug. 29, orbital separation of four degrees from 2007; 72 FR 60279, Oct. 24, 2007; 78 FR 8422, the previously licensed or proposed Feb. 6, 2013; 79 FR 8319, Feb. 12, 2014; 79 FR space station. 44312, July 31, 2014; 81 FR 55332, Aug. 18, 2016; (5) In addition to the requirements of 83 FR 34490, July 20, 2018; 84 FR 53654, Oct. 8, paragraphs (b)(3) and (4) of this section, 2019] the link budget for any satellite in the § 25.142 Licensing provisions for the 17.3–17.8 GHz band (space-to-Earth) non-voice, non-geostationary Mo- must take into account longitudinal bile-Satellite Service. stationkeeping tolerances. Any appli- (a) Space station application require- cant for a space station transmitting ments. (1) Each application for a space in the 17.3–17.8 GHz band that has station system authorization in the reached a coordination agreement with non-voice, non-geostationary mobile- an operator of another space station to satellite service shall describe in detail allow that operator to exceed the pfd the proposed non-voice, non-geo- levels specified in § 25.208(c) or stationary mobile-satellite system, § 25.208(w), must use those higher pfd setting forth all pertinent technical levels for the purpose of this showing. and operational aspects of the system, (c) [Reserved] and the technical and legal qualifica- (d) An operator of a GSO FSS space tions of the applicant. In particular, station in the conventional or extended each application shall include the in- C-bands, conventional or extended Ku- formation specified in § 25.114. Appli- bands, 24.75–25.25 GHz band (Earth-to- cants must also file information dem- space), or conventional Ka-band may onstrating compliance with all require- notify the Commission of its non-rou- ments of this section, and showing, tine transmission levels and be relieved based on existing system information of the obligation to coordinate such publicly available at the Commission levels with later applicants and peti- at the time of filing, that they will not tioners. cause unacceptable interference to any (1) The letter notification must in- non-voice, non-geostationary mobile- clude the downlink off-axis EIRP den- satellite service system authorized to sity levels or power flux density levels construct or operate. and/or uplink off-axis EIRP density (2) Applicants for a non-voice, non- levels, specified per frequency range geostationary Mobile-Satellite Service and space station antenna beam, that space station license must identify the exceed the relevant routine limits set power flux density produced at the forth in paragraphs (a)(3)(i) through Earth’s surface by each space station (iii) of this section and § 25.218. of their system in the 137–138 MHz and (2) The notification will be placed on 400.15–401 MHz bands, to allow deter- public notice pursuant to § 25.151(a)(11). mination of whether coordination with (3) Non-routine transmissions noti- terrestrial services is required under fied pursuant to this paragraph (d) any applicable footnote to the Table of need not be coordinated with operators Frequency Allocations in § 2.106 of this of authorized co-frequency space sta- chapter. In addition, applicants must tions that filed their complete applica- identify the measures they would em- tions or petitions after the date of fil- ploy to protect the radio astronomy ing of the notification with the Com- service in the 150.05–153 MHz and 406.1–

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410 MHz bands from harmful inter- transceivers subject to blanket licens- ference from unwanted emissions. ing under § 25.115(d)) through the fre- (3) Emission limitations. (i) Appli- quency assignment and coordination cants in the non-voice, non-geo- practices established by NTIA and the stationary mobile-satellite service Interdepartment Radio Advisory Com- shall show that their space stations mittee (IRAC). In order to facilitate will not exceed the emission limita- such frequency assignment and coordi- tions of § 25.202(f) (1), (2) and (3), as cal- nation, applicants shall provide the culated for a fixed point on the Earth’s Commission with sufficient informa- surface in the plane of the space station to evaluate electromagnetic com- tion’s orbit, considering the worst-case patibility with the Federal government frequency tolerance of all frequency use of the spectrum, and any additional determining components, and max- information requested by the Commis- imum positive and negative Doppler sion. As part of the coordination proc- shift of both the uplink and downlink ess, applicants shall show that they signals, taking into account the sys- will not cause unacceptable inter- tem design. ference to authorized Federal govern- (ii) Applicants in the non-voice, non- ment users, based upon existing system geostationary mobile-satellite service information provided by the Govern- shall show that no signal received by ment. The frequency assignment and their satellites from sources outside of coordination of the satellite system their system shall be retransmitted with Federal Government users shall with a power flux density level, in the be completed prior to grant of author- worst 4 kHz, higher than the level de- ization. scribed by the applicants in paragraph (iii) The Commission shall also co- (a)(2) of this section. ordinate with NTIA/IRAC with regard (4) [Reserved] to the frequencies to be shared by (b) Operating conditions. In order to those earth stations of non-voice, non- ensure compatible operations with au- geostationary mobile-satellite service thorized users in the frequency bands systems that are not subject to blanket to be utilized for operations in the non- licensing under § 25.115(d), and author- voice, non-geostationary mobile-sat- ized Federal government stations in ellite service, non-voice, non-geo- the fixed and mobile services, through stationary mobile-satellite service sys- the exchange of appropriate systems tems must operate in accordance with information. the conditions specified in this section. (3) Coordination among non-voice, (1) Service limitation. Voice services non-geostationary mobile-satellite may not be provided. service systems. Applicants for author- (2) Coordination requirements with ity to establish non-voice, non-geo- Federal government users. stationary mobile-satellite service sys- (i) The frequency bands allocated for tems are encouraged to coordinate use by the non-voice, non-geo- their proposed frequency usage with stationary mobile-satellite service are existing permittees and licensees in also authorized for use by agencies of the non-voice, non-geostationary mo- the Federal government. The Federal bile-satellite service whose facilities use of frequencies in the non-voice, could be affected by the new proposal non-geostationary mobile-satellite in terms of frequency interference or service frequency bands is under the restricted system capacity. All affected regulatory jurisdiction of the National applicants, permittees, and licensees Telecommunications and Information shall, at the direction of the Commis- Administration (NTIA). sion, cooperate fully and make every (ii) The Commission will use its ex- reasonable effort to resolve technical isting procedures for liaison with NTIA problems and conflicts that may in- to reach agreement with respect to hibit effective and efficient use of the achieving compatible operations be- radio spectrum; however, the permittee tween Federal Government users under or licensee being coordinated with is the jurisdiction of NTIA and non-voice, not obligated to suggest changes or re- non-geostationary Mobile-Satellite engineer an applicant’s proposal in Service systems (including user cases involving conflicts.

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(4) Safety and distress communica- at least one satellite will be visible tions. Stations operating in the non- above the horizon at an elevation angle voice, non-geostationary mobile-sat- of at least 5° for at least 18 hours each ellite service that are used to comply day within the described geographic with any statutory or regulatory area; equipment carriage requirements may (iii) That a system proposed to oper- also be subject to the provisions of sec- ate using non-geostationary satellites tions 321(b) and 359 of the Communica- be capable of providing Mobile-Sat- tions Act of 1934, as amended. Licens- ellite Service on a continuous basis ees are advised that these provisions throughout the fifty states, Puerto give priority to radio communications Rico and the U.S. Virgin Islands, i.e., or signals relating to ships in distress that at least one satellite will be visi- and prohibit a charge for the trans- ble above the horizon at an elevation mission of maritime distress calls and angle of at least 5° at all times within related traffic. the described geographic areas; and (c) [Reserved] (iv) That a system only using geo- [58 FR 68060, Dec. 23, 1993, as amended at 62 stationary orbit satellites, at a min- FR 5930, Feb. 10, 1997; 62 FR 59295, Nov. 3, imum, be capable of providing Mobile- 1997; 68 FR 51504, Aug. 27, 2003; 78 FR 8422, Satellite Service on a continuous basis Feb. 6, 2013; 79 FR 8320, Feb. 12, 2014; 81 FR throughout the 50 states, Puerto Rico, 55333, Aug. 18, 2016; 82 FR 59985, Dec. 18, 2017] and the U.S. Virgin Islands, if tech- § 25.143 Licensing provisions for the nically feasible. 1.6/2.4 GHz Mobile-Satellite Service (v) That operations will not cause un- and 2 GHz Mobile-Satellite Service. acceptable interference to other au- (a) Authority to launch and operate a thorized users of the spectrum. In par- constellation of NGSO satellites will be ticular, each application in the 1.6/2.4 granted in a single blanket license for GHz frequency bands shall demonstrate operation of a specified number of that the space station(s) comply with space stations in specified orbital the requirements specified in § 25.213. planes. An individual license will be (c) Safety and distress communications. issued for each GSO satellite, whether (1) Stations operating in the 1.6/2.4 GHz it is to be operated in a GSO-only sys- Mobile-Satellite Service and 2 GHz Mo- tem or in a GSO/NGSO hybrid system. bile-Satellite Service that are volun- (b) Qualification Requirements—(1) tarily installed on a U.S. ship or are General Requirements. Each application used to comply with any statute or for a space station system authoriza- regulatory equipment carriage require- tion in the 1.6/2.4 GHz Mobile-Satellite ments may also be subject to the re- Service or 2 GHz Mobile-Satellite Serv- quirements of sections 321(b) and 359 of ice must include the information speci- the Communications Act of 1934. Li- fied in § 25.114. Applications for non- censees are advised that these provi- U.S.-licensed systems must comply sions give priority to radio commu- with the provisions of § 25.137. nications or signals relating to ships in (2) Technical qualifications. In addi- distress and prohibits a charge for the tion to providing the information spec- transmission of maritime distress calls ified in paragraph (b)(1) of this section, and related traffic. each applicant and petitioner must (2) Licensees offering distress and demonstrate the following: safety services should coordinate with (i) That a proposed system in the 1.6/ the appropriate search and rescue orga- 2.4 GHz MSS frequency bands employs nizations responsible for the licensees a non-geostationary constellation or service area. constellations of satellites; (ii) That a system proposed to oper- [59 FR 53328, Oct. 21, 1994, as amended at 61 ate using non-geostationary satellites FR 9945, Mar. 12, 1996; 62 FR 5930, Feb. 10, 1997; 65 FR 59143, Oct. 4, 2000; 68 FR 33649, be capable of providing Mobile-Sat- June 5, 2003; 68 FR 47858, Aug. 12, 2003; 68 FR ellite Service to all locations as far 51504, Aug. 27, 2003; 70 FR 59277, Oct. 12, 2005; north as 70° North latitude and as far 78 FR 8267, Feb. 5, 2013; 78 FR 8422, Feb. 6, south as 55° South latitude for at least 2013; 79 FR 8320, Feb. 12, 2014; 81 FR 55333, 75% of every 24-hour period, i.e., that Aug. 18, 2016; 82 FR 59985, Dec. 18, 2017]

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§ 25.144 Licensing provisions for the (3) Four years: In orbit operation of 2.3 GHz satellite digital audio radio at least one space station; and service. (4) Six years: Full operation of the (a) Qualification Requirements: satellite system. (1) [Reserved] (c) [Reserved] (2) General Requirements: Each ap- (d) The license term for each digital plication for a system authorization in audio radio service satellite and any the satellite digital audio radio service associated terrestrial repeaters is spec- in the 2310–2360 MHz band shall de- ified in § 25.121. scribe in detail the proposed satellite (e) SDARS Terrestrial Repeaters. (1) digital audio radio system, setting Only entities holding or controlling forth all pertinent technical and oper- SDARS space station licenses may con- ational aspects of the system, and the struct and operate SDARS terrestrial technical, legal, and financial quali- repeaters and such construction and fications of the applicant. In par- operation is permitted only in conjunc- ticular, applicants must file information with at least one SDARS space tion demonstrating compliance with station that is concurrently authorized § 25.114 and all of the requirements of and transmitting directly to sub- this section. scribers. (3) Technical Qualifications: In addi- (2) SDARS terrestrial repeaters will tion to the information specified in be eligible for blanket licensing only paragraph (a)(1) of this section, each under the following circumstances: applicant shall: (i) Demonstrate that its system will, (i) The SDARS terrestrial repeaters at a minimum, service the 48 contig- will comply with all applicable power uous states of the United States (full limits set forth in § 25.214(d)(1) of this CONUS); chapter and all applicable out-of-band (ii) Certify that its satellite DARS emission limits set forth in § 25.202(h)(1) system includes a receiver that will and (h)(2). permit end users to access all licensed (ii) The SDARS terrestrial repeaters satellite DARS systems that are oper- will meet all applicable requirements ational or under construction; and in part 1, subpart I, and part 17 of this (b) Milestone requirements. Each ap- chapter. Operators of SDARS terres- plicant for system authorization in the trial repeaters must maintain dem- satellite digital audio radio service onstrations of compliance with part 1, must demonstrate within 10 days after subpart I, of this chapter and make a required implementation milestone such demonstrations available to the as specified in the system authoriza- Commission upon request within three tion, and on the basis of the docu- business days. mentation contained in its application, (iii) The SDARS terrestrial repeaters certify to the Commission by affidavit will comply with all requirements of that the milestone has been met or no- all applicable international agree- tify the Commission by letter that it ments. has not been met. At its discretion, the (3) After May 20, 2010, SDARS licens- Commission may require the submis- ees shall, before deploying any new, or sion of additional information (sup- modifying any existing, terrestrial reported by affidavit of a person or per- peater, notify potentially affected WCS sons with knowledge thereof) to dem- licensees pursuant to the procedure set onstrate that the milestone has been forth in § 25.263. met. The satellite DARS milestones (4) SDARS terrestrial repeaters are are as follows, based on the date of au- restricted to the simultaneous retrans- thorization: mission of the complete programming, (1) One year: Complete contracting and only that programming, trans- for construction of first space station mitted by the SDARS licensee’s sat- or begin space station construction; ellite(s) directly to the SDARS licens- (2) Two years: If applied for, complete ee’s subscribers’ receivers, and may not contracting for construction of second be used to distribute any information space station or begin second space sta- not also transmitted to all subscribers’ tion construction; receivers.

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(5) Operators of SDARS terrestrial (ii) The maximum number of terres- repeaters are prohibited from using trial repeaters that will be deployed those repeaters to retransmit different under the authorization at 1) power transmissions from a satellite to dif- levels equal to or less than 2-watt aver- ferent regions within that satellite’s age EIRP, and 2) power levels greater coverage area. than 2-watt average EIRP (up to 12-kW (6) Operators of SDARS terrestrial average EIRP). repeaters are required to comply with (iii) A certification of compliance all applicable provisions of part 1, sub- with the requirements of § 25.144(e)(1) part I, and part 17 of this chapter. through (7). (7)(i) Each SDARS terrestrial re- (9) SDARS terrestrial repeaters that peater transmitter utilized for oper- are ineligible for blanket licensing ation under this paragraph must be of must be authorized on a site-by-site a type that has been authorized by the basis. Applications for site-by-site au- Commission under its certification pro- thorization must be filed using Form cedure. 312, except that Schedule B need not be (ii) In addition to the procedures set provided. Such applications must also forth in subpart J of part 2 of this include the following information, as chapter, power measurements for an attachment: SDARS repeater transmitters may be (i) The technical information for made in accordance with a Commis- each repeater required to be shared sion-approved average power tech- with potentially affected WCS licens- nique. Peak-to-average power ratio ees as part of the notification require- (PAPR) measurements for SDARS re- ment set forth in § 25.263(c)(2). peater transmitters should be made (ii) The space station(s) with which using either an instrument with com- the terrestrial repeaters will commu- plementary cumulative distribution nicate, the frequencies and emission function (CCDF) capabilities to deter- designators of such communications, mine that the PAPR will not exceed 13 and the frequencies and emission des- dB for more than 0.1 percent of the ignators used by the repeaters to re- time or another Commission approved transmit the received signals. procedure. The measurement must be [62 FR 11105, Mar. 11, 1997, as amended at 68 performed using a signal corresponding FR 51504, Aug. 27, 2003; 70 FR 32254, June 2, to the highest PAPR expected during 2005; 75 FR 45067, Aug. 2, 2010; 79 FR 8320, Feb. periods of continuous transmission. 12, 2014] (iii) Any manufacturer of radio transmitting equipment to be used in these § 25.146 Licensing and operating pro- services may request equipment au- visions for NGSO FSS space sta- thorization following the procedures tions. set forth in subpart J of part 2 of this (a) An NGSO FSS applicant pro- chapter. Equipment authorization for posing to operate in the 10.7–30 GHz fre- an individual transmitter may be re- quency range must certify that it will quested by an applicant for a station comply with: authorization by following the proce- (1) Any applicable power flux-density dures set forth in part 2 of this chapter. levels in Article 21, Section V, Table (8) Applications for blanket author- 21–4 of the ITU Radio Regulations (in- ity to operate terrestrial repeaters corporated by reference, § 25.108), ex- must be filed using Form 312, except cept that in the 19.3–19.4 GHz and 19.6– that Schedule B to Form 312 need not 19.7 GHz bands applicants must certify be filed. Such applications must also that they will comply with the ITU include the following information as an PFD limits governing NGSO FSS sys- attachment: tems in the 17.7–19.3 GHz band; and (i) The space station(s) with which (2) Any applicable equivalent power the terrestrial repeaters will commu- flux-density levels in Article 22, Sec- nicate, the frequencies and emission tion II, and Resolution 76 of the ITU designators of such communications, Radio Regulations (both incorporated and the frequencies and emission des- by reference, § 25.108). ignators used by the repeaters to re- (b) In addition, an NGSO FSS appli- transmit the received signals. cant proposing to operate in the 10.7–

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12.7 GHz, 12.75–13.25 GHz, 13.75–14.5 GHz, § 25.147 Space Stations in the 3.7–4.2 18.8–19.3 GHz, or 28.6–29.1 GHz bands GHz band. must provide a demonstration that the The 3.7–4.0 GHz portion of the band is proposed system is capable of providing being transitioned in CONUS from FSS FSS on a continuous basis throughout GSO (space-to-Earth) to the 3.7 GHz the fifty states, Puerto Rico, and the Service. U.S. Virgin Islands. (a) New applications for space station (c) Prior to the initiation of service, licenses and petitions for market ac- an NGSO FSS operator licensed or cess concerning space-to-Earth oper- holding a market access authorization ations in the 3.7–4.0 GHz portion of the to operate in the 10.7–30 GHz frequency band within CONUS will no longer be range must receive a ‘‘favorable’’ or accepted. ‘‘qualified favorable’’ finding by the (b) Applications for new or modified ITU Radiocommunication Bureau, in space station licenses or petitions for accordance with Resolution 85 of the market access in the 4.0–4.2 GHz por- ITU Radio Regulations (incorporated tion of the band within CONUS will not by reference, § 25.108), regarding its be accepted during the transition ex- compliance with applicable ITU EPFD cept by existing operators in the band limits. In addition, a market access to implement an efficient transition. holder in these bands must: (c) Applications for new or modified (1) Communicate the ITU finding to space station licenses or petitions for the Commission; and market access for space-to-Earth oper- (2) Submit the input data files used ations in the 3.7–4.2 GHz band outside for the ITU validation software. CONUS will continue to be accepted. (d) Coordination will be required be- [85 FR 22864, Apr. 23, 2020] tween NGSO FSS systems and GSO FSS earth stations in the 10.7–12.75 GHz § 25.148 Licensing provisions for the band when: Direct Broadcast Satellite Service. (1) The GSO satellite network has re- (a) License terms. License terms for ceive earth stations with earth station DBS facilities are specified in antenna maximum isotropic gain § 25.121(a). greater than or equal to 64 dBi; G/T of (b) Due diligence. (1) All persons 44 dB/K or higher; and emission band- granted DBS authorizations shall pro- width of 250 MHz; and ceed with due diligence in constructing DBS systems. Permittees shall be re- (2)The EPFDdown radiated by the NGSO satellite system into the GSO quired to complete contracting for con- specific receive earth station, either struction of the satellite station(s) within the U.S. for domestic service or within one year of the grant of the au- any points outside the U.S. for inter- thorization. The satellite stations shall national service, as calculated using also be required to be in operation the ITU software for examining com- within six years of the authorization pliance with EPFD limits exceeds— grant. 174.5 dB(W/(m2/40kHz)) for any percent- (2) In addition to the requirements age of time for NGSO systems with all stated in paragraph (b)(1) of this sec- satellites only operating at or below tion, all persons who receive new or ad- 2500 km altitude, or—202 dB(W/(m2/ ditional DBS authorizations after Jan- 40kHz)) for any percentage of time for uary 19, 1996 shall complete construc- NGSO systems with any satellites option of the first satellite in their re- erating above 2500 km altitude. spective DBS systems within four (e) An NGSO FSS licensee or market years of grant of the authorization. All access recipient must ensure that satellite stations in such a DBS system ephemeris data for its constellation is shall be in operation within six years of the grant of the authorization. available to all operators of authorized, in-orbit, co-frequency satellite systems (3) DBS licensees shall be required to proceed consistent with all applicable in a manner that is mutually accept- due diligence obligations, unless other- able. wise determined by the Commission [82 FR 59985, Dec. 18, 2017] upon proper showing in any particular

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case. Transfer of control of the author- sharing criteria and technical charac- ization shall not be considered to jus- teristics contained in Appendices 30 tify extension of these deadlines. and 30A of the ITU’s Radio Regula- (c) Geographic service requirements. tions. Operation of systems using dif- Those entities acquiring DBS author- fering technical characteristics may be izations after January 19, 1996, or who permitted, with adequate technical after January 19, 1996 modify a pre- showing, and if a request has been vious DBS authorization to launch a made to the ITU to modify the appro- replacement satellite, must provide priate Plans to include the system’s DBS service to Alaska and Hawaii technical parameters. where such service is technically fea- [67 FR 51113, Aug. 7, 2002] sible from the authorized orbital location. This requirement does not apply § 25.149 Application requirements for to DBS satellites authorized to operate ancillary terrestrial components in at the 61.5° W.L. orbital location. DBS Mobile-Satellite Service networks applicants seeking to operate from lo- operating in the 1.5./1.6 GHz and cations other than 61.5° W.L. who do 1.6/2.4 GHz Mobile-Satellite Service. not provide service to Alaska and Ha- (a) Applicants for ancillary terres- waii, must provide technical analyses trial component authority shall dem- to the Commission demonstrating that onstrate that the applicant does or will such service is not feasible as a tech- comply with the following through cer- nical matter, or that while technically tification or explanatory technical ex- feasible such services would require so hibit, as appropriate: many compromises in satellite design (1) ATC shall be deployed in the for- and operation as to make it economi- ward-band mode of operation whereby cally unreasonable. the ATC mobile terminals transmit in (d) DBS subject to competitive bidding. the MSS uplink bands and the ATC Mutually exclusive initial applications base stations transmit in the MSS to provide DBS are subject to competi- downlink bands in portions of the tive bidding procedures. The general 1626.5–1660.5 MHz/1525–1559 MHz bands competitive bidding procedures set (L-band) and the 1610–1626.5 MHz/2483.5– forth in part 1, subpart Q of this chap- 2500 MHz bands. ter will apply unless otherwise pro- NOTE TO PARAGRAPH (a)(1): An L-band MSS vided in this part. licensee is permitted to apply for ATC au- (e) DBS long form application. Winning thorization based on a non-forward-band bidders are subject to the provisions of mode of operation provided it is able to dem- § 1.2107 of this chapter except that in onstrate that the use of a non-forward-band lieu of a FCC Form 601 each winning mode of operation would produce no greater potential interference than that produced as bidder shall submit the long-form sat- a result of implementing the rules of this ellite service application (FCC Form section. A 1.6/2.4 GHz band licensee is per- 312) within thirty (30) days after being mitted to apply for ATC authorization on a notified by Public Notice that it is the non-forward-band mode of operation where winning bidder. Each winning bidder the equipment deployed will meet the re- will also be required to submit by the quirements of paragraph (c)(4) of this sec- same deadline the information de- tion. scribed in § 25.215 (Technical) and (2) ATC operations shall be limited to § 25.601 (EEO), and in paragraph (f) of certain frequencies: this section. Each winner also will be (i) [Reserved] required to file, by the same deadline, (ii) In the 1626.5–1660.5 MHz/1525–1559 a signed statement describing its ef- MHz bands (L-band), ATC operations forts to date and future plans to come are limited to the frequency assign- into compliance with any applicable ments authorized and internationally spectrum limitations, if it is not al- coordinated for the MSS system of the ready in compliance. Such information MSS licensee that seeks ATC author- shall be submitted pursuant to the pro- ity. cedures set forth in § 25.114 and any as- (iii) In the 1610–1626.5 MHz/2483.5–2500 sociated Public Notices. MHz bands, ATC operations are limited (f) Technical qualifications. DBS oper- to the 1610–1617.775 MHz, 1621.35–1626.5 ations must be in accordance with the MHz, and 2483.5–2495 MHz bands and to

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the specific frequencies authorized for (2) Replacement satellites. (i) Oper- use by the MSS licensee that seeks ational NGSO MSS ATC systems shall ATC authority. maintain an in-orbit spare satellite. (3) ATC operations shall not exceed (ii) Operational GSO MSS ATC sys- the geographical coverage area of the tems shall maintain a spare satellite Mobile-Satellite Service network of on the ground within one year of com- the applicant for ATC authority. mencing operations and launch it into (4) ATC base stations shall comply orbit during the next commercially with all applicable antenna and struc- reasonable launch window following a tural clearance requirements estab- satellite failure. lished in part 17 of this chapter. (iii) All MSS ATC licensees must re- (5) ATC base stations and mobile ter- port any satellite failures, malfunc- minals shall comply with part 1 of this tions or outages that may require sat- chapter, Subpart I—Procedures Imple- ellite replacement within ten days of menting the National Environmental their occurrence. Policy Act of 1969, including the guide- (3) Commercial availability. Mobile-sat- lines for human exposure to radio fre- ellite service must be commercially quency electromagnetic fields as de- available (viz., offering services for a fined in §§ 1.1307(b) and 1.1310 of this fee) in accordance with the coverage chapter for PCS networks. requirements that pertain to each band (6) ATC base station operations shall as a prerequisite to an MSS licensee’s use less than all available MSS fre- offering ATC service. quencies when using all available fre- (4) Integrated services. MSS ATC li- quencies for ATC base station oper- censees shall offer an integrated servations would exclude otherwise avail- ice of MSS and MSS ATC. Applicants able signals from MSS space-stations. for MSS ATC may establish an inte- (b) Applicants for an ancillary terres- grated service offering by affirmatively trial component shall demonstrate demonstrating that: that the applicant does or will comply (i) The MSS ATC operator will use a with the following criteria through cer- dual-mode handset that can commu- tification: nicate with both the MSS network and (1) Geographic and temporal coverage. the MSS ATC component to provide (i) [Reserved] the proposed ATC service; or (ii) For the L-band, an applicant (ii) Other evidence establishing that must demonstrate that it can provide the MSS ATC operator will provide an space-segment service covering all 50 integrated service offering to the pub- states, Puerto Rico, and the U.S. Vir- lic. gin Islands one-hundred percent of the (5) In-band operation. (i) [Reserved] time, unless it is not technically pos- (ii) In the 1.6/2.4 GHz Mobile-Satellite sible for the MSS operator to meet the Service bands, MSS ATC is limited to coverage criteria from its orbital posi- no more than 7.775 MHz of spectrum in tion. the L-band and 11.5 MHz of spectrum in (iii) For the 1.6/2.4 GHz Mobile-Sat- the S-band. Licensees in these bands ellite Service bands, an applicant must may implement ATC only on those demonstrate that it can provide space- channels on which MSS is authorized, segment service to all locations as far consistent with the 1.6/2.4 GHz Mobile- north as 70° North latitude and as far Satellite Service band-sharing arrange- south as 55° South latitude for at least ment. seventy-five percent of every 24-hour (iii) In the L-band, MSS ATC is lim- period, i.e., that at least one satellite ited to those frequency assignments will be visible above the horizon at an available for MSS use in accordance elevation angle of at least 5° for at with the Mexico City Memorandum of least 18 hours each day, and on a con- Understanding, its successor agree- tinuous basis throughout the fifty ments or the result of other organized states, Puerto Rico and the U.S. Virgin efforts of international coordination. Islands, i.e., that at least one satellite (c) Equipment certification. (1) Each will be visible above the horizon at an ATC mobile station utilized for oper- elevation angle of at least 5° at all ation under this part and each trans- times. mitter marketed, as set forth in § 2.803

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of this chapter, must be of a type that the channel edge where X is the greater has been authorized by the Commission of 6 MHz or the actual emission band- under its certification procedure for width. use under this part. (vi) Emissions above 2495 MHz are at- (2) Any manufacturer of radio trans- tenuated below the transmitter power mitting equipment to be used in these (P) measured in watts by a factor of at services may request equipment au- least 43 + 10 log (P) dB on all fre- thorization following the procedures quencies between the channel edge at set forth in subpart J of part 2 of this 2495 MHz and X MHz from this channel chapter. Equipment authorization for edge and 55 + 10 log (P) dB on all fre- an individual transmitter may be re- quencies more than X MHz from this quested by an applicant for a station channel edge, where X is the greater of authorization by following the proce- 6 MHz or the actual emission band- dures set forth in part 2 of this chapter. width; (3) Licensees and manufacturers shall (vii) Compliance with these rules is ensure compliance with the Commis- based on the use of measurement in- sion’s radio frequency exposure re- strumentation employing a resolution quirements in §§ 1.1307(b), 2.1091, and bandwidth of 1 MHz or greater. How- 2.1093 of this chapter, as appropriate. ever, in the 1 MHz bands immediately An Environmental Assessment may be above and adjacent to the 2495 MHz a required if RF radiation from the pro- resolution bandwidth of at least 1 per- posed facilities would, in combination cent of the emission bandwidth of the with radiation from other sources, fundamental emission of the trans- cause RF power density or field mitter may be employed. If 1 percent of strength in an accessible area to exceed the emission bandwidth of the funda- the applicable limits specified in mental emission is less than 1 MHz, the § 1.1310 of this chapter. Applications for power measured must be integrated equipment authorization of mobile or over the required measurement band- portable devices operating under this width of 1 MHz. A resolution bandwidth section must contain a statement con- narrower than 1 MHz is permitted to firming compliance with these require- improve measurement accuracy, pro- ments. Technical information showing vided the measured power is integrated the basis for this statement must be over the full required measurement submitted to the Commission upon re- bandwidth (i.e., 1 MHz). The emission quest. bandwidth of the fundamental emission (4) Applications for equipment au- of a transmitter is defined as the width thorization of terrestrial low-power of the signal between two points, one system equipment that will operate in below the carrier center frequency and the 2483.5–2495 MHz band shall dem- one above the carrier center frequency, onstrate the following: outside of which all emissions are at- (i) The transmitted signal is digitally tenuated at least 26 dB below the modulated; transmitter power. When an emission (ii) The 6 dB bandwidth is at least 500 outside of the authorized bandwidth kHz; causes harmful interference, the Com- (iii) The maximum transmit power is mission may, at its discretion, require no more than 1 W with a peak EIRP of greater attenuation than specified in no more than 6 dBW; this section; and (iv) The maximum power spectral NOTE TO PARAGRAPH (c)(4): Systems meet- density conducted to the antenna is ing the requirements set forth in this section not greater than 8 dBm in any 3 kHz are deemed to have also met the require- band during any time interval of con- ments of § 25.254(a) through (d). No further tinuous transmission; demonstration is needed for these systems (v) Emissions below 2483.5 MHz are with respect to § 25.254(a)–(d). attenuated below the transmitter (d) Applicants for an ancillary terres- power (P) measured in watts by a fac- trial component authority shall dem- tor of at least 40 + 10 log (P) dB at the onstrate that the applicant does or will channel edge at 2483.5 MHz, 43 + 10 log comply with the provisions of § 1.924 of (P) dB at 5 MHz from the channel edge, this chapter and §§ 25.203(e) through and 55 + 10 log (P) dB at X MHz from 25.203(g) and with § 25.253 or § 25.254, as

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appropriate, through certification or commercial availability of MSS, with- explanatory technical exhibit. out regard to coverage requirements. (e) Except as provided for in para- (2) An ATC licensee seeking to mod- graphs (f) and (g) of this section, no ap- ify its license to add authority to oper- plication for an ancillary terrestrial ate a terrestrial low-power network component shall be granted until the shall certify in its modification appli- applicant has demonstrated actual cation that its operations will utilize a compliance with the provisions of para- Network Operating System (NOS), con- graph (b) of this section. Upon receipt sisting of a network management sys- of ATC authority, all ATC licensees tem located at an operations center or shall ensure continued compliance centers. The NOS shall have the tech- with this section and § 25.253 or § 25.254, nical capability to address and resolve as appropriate. interference issues related to the li- (f) Special provision for operational censee’s network operations by reduc- MSS systems. Applicants for MSS ATC ing operational power; adjusting oper- authority with operational MSS sys- ational frequencies; shutting off oper- tems that are in actual compliance ations; or any other appropriate with the requirements prescribed in means. The NOS shall also have the paragraphs (b)(1), (b)(2), and (b)(3) of ability to resolve interference from the this section at the time of application terrestrial low-power network to the li- may elect to satisfy the requirements censee’s MSS operations and to author- of paragraphs (b)(4) and (b)(5) of this ize access points to the network, which section prospectively by providing a in turn may authorize access to the substantial showing in its certification network by end-user devices. The NOS regarding how the applicant will com- operations center shall have a point of ply with the requirements of para- contact in the United States available graphs (b)(4) and (b)(5) of this section. 24 hours a day, seven days a week, with Notwithstanding § 25.117(f) and para- a phone number and address made pub- graph (e) of this section, the Commis- licly-available by the licensee. sion may grant an application for ATC (3) All access points operating in the authority based on such a prospective 2483.5–2495 MHz band shall only operate substantial showing if the Commission when authorized by the ATC licensee’s finds that operations consistent with NOS, and all client devices operating the substantial showing will result in in the 2483.5–2495 MHz band shall only actual compliance with the require- operate when under the control of such ments prescribed in paragraphs (b)(4) access points. and (b)(5) of this section. An MSS ATC (h) Spectrum leasing. Leasing of spec- applicant that receives a grant of ATC trum rights by MSS licensees or sys- authority pursuant to this paragraph tem operators to spectrum lessees for (f) shall notify the Commission within ATC use is subject to the rules for 30 days once it begins providing ATC spectrum manager leasing arrange- service. This notification must take ments (see § 1.9020) as set forth in part the form of a letter formally filed with 1, subpart X of the rules (see § 1.9001 et the Commission in the appropriate seq.). In addition, at the time of the fil- MSS license docket and shall contain a ing of the requisite notification of a certification that the MSS ATC service spectrum manager leasing arrange- is consistent with its ATC authority. ment using Form 608 (see §§ 1.9020(e) and (g) Special provisions for terrestrial low- 1.913(a)(5)), both parties to the proposed power systems in the 2483.5–2495 MHz arrangement must have a complete and band. (1) An operational MSS system accurate Form 602 (see § 1.913(a)(2)) on that applies for authority to deploy file with the Commission. ATC in the 2483.5–2495 MHz band for terrestrial low-power operations satis- [68 FR 47859, Aug. 12, 2003, as amended at 69 fying the equipment certification re- FR 48162, Aug. 9, 2004; 70 FR 19318, Apr. 13, 2005, 73 FR 25592, May 7, 2008; 76 FR 31260, quirements of paragraph (c)(4) of this May 31, 2011; 78 FR 8267, Feb. 5, 2013; 78 FR section is not required to demonstrate 8424, Feb. 6, 2013; 79 FR 27502, May 14, 2014; 82 compliance with paragraph (b) of this FR 8818, Jan. 31, 2017; 85 FR 18150, Apr. 1, section, except to demonstrate the 2020]

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PROCESSING OF APPLICATIONS market access recipient, submitted pursuant to § 25.111(b) or § 25.146(c)(2). § 25.150 Receipt of applications. (b) Special public notices may also be Applications received by the Com- issued at other times under special cir- mission are given a file number and a cumstances involving non-routine mat- unique station identifier for administers where speed is of the essence and trative convenience. Neither the as- efficiency of Commission process will signment of a file number and/or other be served thereby. identifier nor the listing of the applica- (c) A public notice will not normally tion on public notice as received for fil- be issued for receipt of any of the fol- ing indicates that the application has lowing applications: been found acceptable for filing or pre- (1) For authorization of a minor tech- cludes subsequent return or dismissal nical change in the facilities of an au- of the application if it is found to be thorized station; defective or not in accordance with the (2) For temporary authorization pur- Commission’s rules. suant to § 25.120. [78 FR 8425, Feb. 6, 2013] (3) For an authorization under any of the proviso clauses of section 308(a) of § 25.151 Public notice. the Communications Act of 1934, as (a) At regular intervals, the Commis- amended [47 U.S.C. 308(a)]; sion will issue public notices listing: (4) For consent to an involuntary as- (1) The receipt of applications for signment or transfer of control of a new station authorizations, except ap- transmitting earth station authoriza- plications for space station licenses tion; or filed pursuant to § 25.110(b)(3)(i) or (ii) (5) For consent to an assignment or of this part; transfer of control of a space station (2) The receipt of applications for li- authorization or a transmitting earth cense or registration of receive-only station authorization, where the as- earth stations; signment or transfer does not involve a (3) The receipt of applications for substantial change in ownership or major modifications to station author- control; or izations; (6) For change in location of an earth (4) The receipt of major amendments station operating in the 4/6 GHz and to pending applications; 10.95–11.7 GHz bands by no more than 1″ (5) The receipt of applications to as- in latitude and/or longitude and for sign or transfer control of space sta- change in location of an earth station tion facilities, transmitting earth sta- operating in the 12/14 GHz bands by no tion facilities, or international receive- more than 10″ in latitude and/or lon- only earth station facilities; gitude. (6) Significant Commission actions (d) Except as specified in paragraph regarding applications; (e) of this section, no application that (7) Information that the Commission has appeared on public notice will be in its discretion believes to be of public granted until the expiration of a period significance; of thirty days following the issuance of (8) Special environmental consider- the public notice listing the applica- ations as required by part 1 of this tion, or any major amendment thereto. chapter; Any comments or petitions must be de- (9) Submission of Coordination Re- livered to the Commission by that date quests and Appendix 30B filings to the in accordance with § 25.154. ITU in response to requests filed pursu- (e)(1) Applicants seeking authority to ant to § 25.110(b)(3)(i) and (b)(3)(ii); operate a temporary fixed earth sta- (10) The receipt of space station ap- tion pursuant to § 25.277 may consider plication information filed pursuant to their applications ‘‘provisionally § 25.110(b)(3)(iii); and granted,’’ and may initiate operations (11) The receipt of notifications of upon the placement of the complete non-routine transmission filed pursu- FCC Form 312 application on public no- ant to § 25.140(d). tice, provided that (12) The receipt of EPFD input data (i) The temporary fixed earth station files from an NGSO FSS licensee or will operate only in the conventional

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Ku-band (14.0–14.5 GHz and 11.7–12.2 parties in interest, will not be consid- GHz bands); ered until the final disposition of the (ii) The temporary fixed earth sta- appeal. tion’s operations will be consistent with all routine-licensing requirements [56 FR 24016, May 28, 1991, as amended at 79 FR 8320, Feb. 12, 2014] for the conventional Ku-band; and (iii) The temporary fixed earth sta- § 25.154 Opposition to applications and tion’s operations will be limited to sat- other pleadings. ellites on the Permitted Space Station List. (a) Petitions to deny, petitions for (2) Applications for authority grant- other forms of relief, and other objec- ed pursuant to paragraph (e)(1) of this tions or comments must: section shall be placed on public notice (1) Identify the application or appli- pursuant to paragraph (a)(1) of this sec- cations (including applicant’s name, tion. If no comments or petitions are station location, Commission file num- filed within 30 days of the public notice bers, and radio service involved) with date, the authority granted will be con- which it is concerned; sidered a regular temporary fixed earth (2) Be filed within thirty (30) days station authorization as of 30 days after the date of public notice announc- after the public notice date. If a coming the acceptance for filing of the ap- ment or petition is filed within 30 days plication or major amendment thereto of the public notice date, the applicant (unless the Commission otherwise ex- must suspend operations immediately tends the filing deadline); pending resolution of the issues raised (3) Filed in accordance with the in that comment or petition. pleading limitations, periods and other applicable provisions of §§ 1.41 through [56 FR 24016, May 28, 1991, as amended at 58 FR 68061, Dec. 23, 1993; 70 FR 32254, June 2, 1.52 of this chapter, except that such 2005; 81 FR 55333, Aug. 18, 2016; 82 FR 59985, petitions must be filed electronically Dec. 18, 2017] through the International Bureau Fil- ing System (IBFS) in accordance with EDITORIAL NOTE: At 82 FR 59985, Dec. 18, 2017, § 25.151 was amended by removing ‘‘and’’ the applicable provisions of part 1, sub- from the end of paragraph (b)(10) and by re- part Y of this chapter; moving the period at the end of paragraph (4) Contain specific allegations of (b)(11) and adding ‘‘; and’’ in its place; how- fact (except for those of which official ever, these amendments could not be incor- notice may be taken) to support the porated because paragraphs (b)(10) and (b)(11) specific relief requested, which shall be did not exist. supported by affidavit of a person or § 25.152 [Reserved] persons with personal knowledge thereof, and which shall be sufficient to § 25.153 Repetitious applications. demonstrate that the petitioner (or re- (a) Where an application has been de- spondent) is a party of interest and nied or dismissed with prejudice, the that a grant of, or other Commission Commission will not consider a like ap- action regarding, the application would plication involving service of the same be prima facie inconsistent with the kind to the same area by the same ap- public interest; and plicant, or by its successor or assignee, (5) Contain a certificate of service or on behalf of or for the benefit of any showing that it has been mailed to the of the original parties in interest, until applicant no later than the date the after the lapse of 12 months from the pleading is filed with the Commission. effective date of the Commission’s ac- (b) The Commission will classify as tion. informal objections: (b) Where an appeal has been taken (1) Any pleading not filed in accord- from the action of the Commission de- ance with paragraph (a) of this section; nying a particular application, another (2) Any pleading to which the thirty application for the same class of sta- (30) day public notice period of § 25.151 tion and for the same area, in whole or does not apply; or in part, filed by the same applicant or (3) Any objections to the grant of an by his successor or assignee, or on be- application when the objections do not half or for the benefit of the original conform to either paragraph (a) of this

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section or to other Commission rules § 25.155 Mutually exclusive applica- and requirements. tions. (c) Except for opposition to petitions (a) The Commission will consider ap- to deny an application filed pursuant plications to be mutually exclusive if to § 25.220, oppositions to petitions to their conflicts are such that the grant deny an application or responses to of one application would effectively comments and informal objections re- preclude by reason of harmful inter- garding an application may be filed ference, or other practical reason, the within 10 days after the petition, com- grant of one or more other applica- ment, or objection is filed and must be tions. in accordance with other applicable (b) A license application for NGSO- provisions of §§ 1.41 through 1.52 of this like satellite operation, as defined in chapter, except that such oppositions § 25.157(a), will be entitled to compara- must be filed electronically through tive consideration with one or more the International Bureau Filing Sys- mutually exclusive applications only if tem (IBFS) in accordance with the ap- the application is received by the Com- plicable provisions of part 1, subpart Y mission in a condition acceptable for of this chapter. filing by the ‘‘cut-off’’ date specified in a public notice. (d) Reply comments by a party that (c) A license application for GSO-like filed a petition to deny may be filed in satellite operation, as defined in response to pleadings filed pursuant to § 25.158(a)(1), will be entitled to com- paragraph (c) or (e) of this section parative consideration with another within 5 days after expiration of the application only if: time for filing oppositions unless the (1) The application is mutually exclu- Commission extends the filing deadline sive with another application for GSO- and must be in accordance with other like operation; and applicable provisions of §§ 1.41 through (2) The application is received by the 1.52 of this chapter, except that such Commission in a condition acceptable reply comments must be filed elec- for filing at the same millisecond as tronically through the International the other application. Bureau Filing System (IBFS) in ac- [68 FR 51505, Aug. 27, 2003, as amended at 81 cordance with the applicable provisions FR 55333, Aug. 18, 2016] of part 1, subpart Y of this chapter. (e) Within 30 days after a petition to § 25.156 Consideration of applications. deny an application filed pursuant to (a) Applications for a radio station § 25.220 is filed, the applicant may file authorization, or for modification or an opposition to the petition and must renewal of an authorization, will be file a statement with the Commission, granted if, upon examination of the ap- either in conjunction with, or in lieu plication, any pleadings or objections of, such opposition, explaining whether filed, and upon consideration of such the applicant has resolved all out- other matters as it may officially no- standing issues raised by the peti- tice, the Commission finds that the ap- tioner. This statement and any con- plicant is legally, technically, and oth- joined opposition must be in accord- erwise qualified, that the proposed fa- ance with the provisions of §§ 1.41 cilities and operations comply with all through 1.52 of this chapter applicable applicable rules, regulations, and poli- to oppositions to petitions to deny, ex- cies, and that grant of the application cept that such reply comments must be will serve the public interest, conven- filed electronically through the Inter- ience and necessity. national Bureau Filing System (IBFS) (b) [Reserved] in accordance with the applicable pro- (c) Reconsideration or review of any visions of part 1, subpart Y of this final action taken by the Commission will be in accordance with subpart A of chapter. part 1 of this chapter. [56 FR 24016, May 28, 1991, as amended at 69 (d)(1) Applications for NGSO-like sat- FR 47795, Aug. 6, 2004; 70 FR 32254, June 2, ellite operation will be considered pur- 2005; 79 FR 8320, Feb. 12, 2014] suant to the procedures set forth in

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§ 25.157, except as provided in § 25.157(b) will be launched before the space sta- or (i), as appropriate. tion(s) to be replaced is retired from (2) Applications for GSO-like sat- service or within a reasonable time ellite operation will be considered pur- after loss of a space station during suant to the procedures set forth in launch or due to premature failure in § 25.158, except as provided in orbit. § 25.158(a)(2). (2) Paragraphs (e), (f), and (g) of this (3) Applications for both NGSO-like section do not apply to an NGSO FSS satellite operation and GSO-like sat- application granted with a condition to ellite operation in two or more service share spectrum pursuant to § 25.261. bands will be treated as separate appli- (c) Each application for NGSO-like cations for each service band, and each satellite operation that is acceptable service band request will be considered for filing under § 25.112, except replace- pursuant to § 25.157 or § 25.158, as appro- ment applications described in para- priate. graph (b) of this section, will be re- (4) Applications for feeder-link au- viewed to determine whether it is a thority or inter-satellite link author- ‘‘competing application,’’ i.e., filed in ity will be treated like an application response to a public notice initiating a separate from its associated service processing round, or a ‘‘lead applica- band. Each feeder-link request or inter- tion,’’ i.e., all other applications for satellite link request will be considered NGSO-like satellite operation. pursuant to the procedure for applica- (1) Competing applications that are tions for GSO-like operation or NGSO- acceptable for filing will be placed on like operation, as applicable. public notice to provide interested par- (5) [Reserved] ties an opportunity to file pleadings in (6) An application for DBS or DARS response to the application pursuant to services will be entitled to comparative § 25.154. consideration with one or more con- (2) Lead applications that are accept- flicting applications only if: able for filing will be placed on public (i) The application is mutually exclu- notice. This public notice will initiate sive with another application; and a processing round, establish a cut-off (ii) The application is received by the date for competing NGSO-like satellite Commission in a condition acceptable system applications, and provide inter- for filing by the ‘‘cut-off’’ date speci- ested parties an opportunity to file fied in a public notice. pleadings in response to the applica- [56 FR 24016, May 28, 1991, as amended at 68 tion pursuant to § 25.154. FR 51505, Aug. 27, 2003; 81 FR 55333, Aug. 18, (d) After review of each of the appli- 2016; 82 FR 59985, Dec. 18, 2017; 85 FR 43735, cations in the processing round, and all July 20, 2020] the pleadings filed in response to each application, the Commission will grant § 25.157 Consideration of applications all the applications that meet the for NGSO-like satellite operation. standards of § 25.156(a), and deny the (a) This section specifies the proce- other applications. dures for considering license applica- (e)(1) In the event that there is insuf- tions for ‘‘NGSO-like’’ satellite oper- ficient spectrum in the frequency band ation, except as provided in paragraphs available to accommodate all the (b) and (i) of this section. For purposes qualified applicants in a processing of this section, the term ‘‘NGSO-like round, the available spectrum will be satellite operation’’ means: divided equally among the licensees (1) Operation of any NGSO satellite whose applications are granted pursu- system; and ant to paragraph (d) of this section, ex- (2) Operation of a GSO MSS satellite cept as set forth in paragraph (e)(2) of to communicate with earth stations this section. with non-directional antennas. (2) In cases where one or more appli- (b)(1) The procedures in this section cants apply for less spectrum than they do not apply to an application for au- would be warranted under paragraph thority to operate a replacement space (e)(1) of this section, those applicants station(s) that meets the relevant cri- will be assigned the bandwidth amount teria in § 25.165(e)(1) and (2) and that they requested in their applications. In

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those cases, the remaining qualified ties already holding licenses for NGSO- applicants will be assigned the lesser of like satellite operation in that fre- the amount of spectrum they requested quency band will not be permitted to in their applications, or the amount of participate in that processing round. spectrum that they would be assigned (h) Services offered pursuant to an if the available spectrum were divided NGSO-like license in a frequency band equally among the remaining qualified granted before the Commission has applicants. adopted frequency-band-specific service (f)(1) Each licensee will be allowed to rules for that band will be subject to select the particular band segment it the default service rules in § 25.217. wishes to use no earlier than 60 days (i) For consideration of license appli- before they plan to launch the first sat- cations filed pursuant to the proce- ellite in its system, and no later than dures described in § 25.122 or § 25.123, the 30 days before that date, by submitting application will be processed and a letter to the Secretary of the Com- granted in accordance with §§ 25.150 mission. The licensee shall serve copies through 25.156, taking into consider- of this letter to the other participants ation the information provided by the in the processing round pursuant to applicant under § 25.122(d) or § 25.123(c), § 1.47 of this chapter. but without a processing round as de- (2) The licensee shall request contig- scribed in this section and without a uous bandwidth in both the uplink and queue as described in § 25.158. downlink band. Each licensee’s bandwidth selection in both the uplink and [68 FR 51505, Aug. 27, 2003, as amended at 81 downlink band shall not preclude other FR 55334, Aug. 18, 2016; 81 FR 75344, Oct. 31, licensees from selecting contiguous 2016; 82 FR 59985, Dec. 18, 2017; 85 FR 43735, bandwidth. July 20, 2020] (3) If two or more licensees in a proc- § 25.158 Consideration of applications essing round request the same band for GSO-like satellite operation. segment, all licensees other than the first one to request that particular (a)(1) This section specifies the proce- band segment will be required to make dures for considering license applica- another selection. tions for ‘‘GSO-like’’ satellite oper- (g)(1) In the event that a license ation, except as provided in paragraph granted in a processing round pursuant (a)(2) of this section. For purposes of to this section is cancelled for any rea- this section, the term ‘‘GSO-like sat- son, the Commission will redistribute ellite operation’’ means operation of a the bandwidth allocated to that appli- GSO satellite to communicate with cant equally among the remaining ap- earth stations with directional anten- plicants whose licenses were granted nas, including operation of GSO sat- concurrently with the cancelled li- ellites to provide MSS feeder links. cense, unless the Commission deter- (2) The procedures prescribed in this mines that such a redistribution would section do not apply to an application not result in a sufficient number of li- for authority to launch and operate a censees remaining to make reasonably replacement space station that meets efficient use of the frequency band. the relevant criteria in § 25.165(e)(1) and (2) In the event that the redistribu- (e)(2) and that will be launched before tion of bandwidth set forth in para- the space station to be replaced is re- graph (g)(1) of this section would not tired from service or within a reason- result in a sufficient number of licensable time after loss of a space station ees remaining to make reasonably effi- during launch or due to premature fail- cient use of the frequency band, the ure in orbit. Commission will issue a public notice (b) Except as provided in paragraph initiating a processing round, as set (a)(2) of this section, license applica- forth in paragraph (c) of this section, tions for GSO-like satellite operation, to invite parties to apply for an NGSO- including first-step filings pursuant to like satellite system license to operate § 25.110(b)(3)(i) or (ii), will be placed in a in a portion of the bandwidth made queue and considered in the order that available as a result of the cancellation they are filed, pursuant to the fol- of the initial applicant’s license. Par- lowing procedure:

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(1) The application will be reviewed notice pursuant to § 25.151, and inter- to determine whether it is acceptable ested parties will be given an oppor- for filing within the meaning of § 25.112. tunity to file pleadings pursuant to If not, the application will be returned § 25.154. to the applicant. (3) Each application will be granted if (2) If the application is acceptable for it meets the criteria of paragraph (b)(3) filing under § 25.112, the application of this section, and otherwise will be will be placed on public notice pursu- denied. ant to § 25.151. (4) In the event that two or more ap- (i) For applications filed pursuant to plications are granted pursuant to § 25.110(b)(3)(i) or (b)(3)(ii), the public paragraph (d)(3) of this section, the notice will announce that the Coordi- available bandwidth at the orbital lo- nation Request or Appendix 30B filing cation or locations in question will be has been submitted to the ITU. When divided equally among those licensees. further information is filed pursuant to (5) Licensees whose licenses are § 25.110(b)(3)(iii), it will be reviewed to granted pursuant to paragraph (d)(4) of determine whether it is substantially this section will be allowed to select complete within the meaning of § 25.112. the particular band segment it wishes If so, a second public notice will be to use no earlier than 60 days before issued pursuant to § 25.151 to give inter- they plan to launch the first satellite ested parties an opportunity to file in its system, and no later than 30 days pleadings pursuant to § 25.154. before that date, by submitting a letter (ii) For any other license application to the Secretary of the Commission. for GSO-like satellite operation, the The licensee shall serve copies of this public notice will announce that the letter to the other participants in the application has been found acceptable processing round pursuant to § 1.47 of for filing and will give interested par- this chapter. ties an opportunity to file pleadings (6) Licensees whose licenses are pursuant to § 25.154. granted pursuant to paragraph (d)(4) of (3) The application will be granted this section shall request contiguous only if it meets each of the following bandwidth in both the uplink and criteria: downlink band. Each licensee’s band- (i) After review of the application width selection shall not preclude and any pleadings filed in response to other licensees from selecting contig- that application, the Commission finds uous bandwidth. that the application meets the stand- (7) If two or more licensees whose li- ards of § 25.156(a); and censes are granted pursuant to para- (ii) The proposed satellite will not graph (d)(4) of this section request the cause harmful interference to any pre- same band segment, all licensees other viously licensed operations. than the first one to request that par- (c) A license applicant for GSO-like ticular band segment will be required satellite operation must not transfer, to make another selection. assign, or otherwise permit any other (e) Services offered pursuant to a entity to assume its place in any GSO-like license in a frequency band queue. granted before the Commission has (d) In the event that two or more ap- adopted frequency-band-specific service plications for GSO-like satellite oper- rules for that band will be subject to ation are mutually exclusive within the default service rules in § 25.217. the meaning of § 25.155(c), the Commis- [68 FR 51506, Aug. 27, 2003, as amended at 81 sion will consider those applications FR 55334, Aug. 18, 2016] pursuant to the following procedure: (1) Each application will be reviewed § 25.159 Limits on pending applica- to determine whether it is acceptable tions and unbuilt satellite systems. for filing within the meaning of § 25.112. (a) [Reserved] Any application not found acceptable (b) Applicants with an application for for filing will be returned to the appli- one NGSO-like satellite system license cant. on file with the Commission in a par- (2) All applications that are accept- ticular frequency band, or one licensed- able for filing will be placed on public but-unbuilt NGSO-like satellite system

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in a particular frequency band, other struct its licensed facilities if it were than those filed or licensed under the allowed to file more applications. procedures in § 25.122 or § 25.123, will not (e) For purposes of this section, ‘‘fre- be permitted to apply for another quency band’’ means one of the paired NGSO-like satellite system license in frequency bands available for satellite that frequency band. This paragraph service listed in § 25.202. (b) shall not apply to applicants filing [68 FR 51506, Aug. 27, 2003, as amended at 81 under § 25.122 or § 25.123. FR 55334, Aug. 18, 2016; 85 FR 43735, July 20, (c) If an applicant has an attributable 2020] interest in one or more other entities seeking one or more space station li- FORFEITURE, TERMINATION, AND REIN- censes, the pending applications and li- STATEMENT OF STATION AUTHORIZA- censed-but-unbuilt satellite systems TION filed by those other entities will be counted as filed by the applicant for § 25.160 Administrative sanctions. purposes of the limits on the number of (a) A forfeiture may be imposed for pending space station applications and failure to operate in conformance with licensed-but-unbuilt satellite systems the Communications Act, license speci- in this paragraph. For purposes of this fications, any conditions imposed on an paragraph, an applicant has an ‘‘at- authorization, or any of the Commis- tributable interest’’ in another entity sion’s rules and regulations; or for fail- if: ure to comply with Commission re- (1) It holds equity (including all quests for information needed to com- stockholdings, whether voting or non- plete international coordination or for voting, common or preferred) and debt failure to cooperate in Commission in- interest or interests, in the aggregate, vestigations with respect to inter- exceed thirty-three (33) percent of the national coordination. total asset value (defined as the aggre- (b) A forfeiture will be imposed and gate of all equity plus all debt) of that the station license may be terminated entity, or for the malicious transmissions of any (2) It holds a controlling interest in signal that causes harmful interference that entity, or is the subsidiary of a with any other radio communications party holding a controlling interest in or signals. that entity, within the meaning of 47 (c) A station license may be revoked CFR 1.2110(b)(2). for any repeated and willful violation (3) For purposes of paragraphs (c)(1) of the kind set forth in paragraphs (a) and (c)(2) of this section, ownership in- and (b) of this section. terests shall be calculated on a fully di- (d) The sanctions specified in para- luted basis, i.e., all agreements, such as graphs (a), (b), and (c) of this section warrants, stock options, and convert- will be imposed only after the licensee ible debentures, will generally be treat- has been provided an opportunity to be ed as if the rights thereunder already heard pursuant to titles III and V of have been fully exercised. the Communications Act of 1934, as (d) In the event that a licensee amended. misses three or more milestones within (e) For purposes of this section, the any three-year period, the Commission term ‘‘repeated’’ and ‘‘willful’’ are de- will presume that the licensee obtained fined as set out in section 312(f) of the one or more of those licenses for specu- Communications Act, 47 U.S.C. 312(f). lative purposes. Unless the licensee re- buts this presumption, it will not be § 25.161 Automatic termination of sta- permitted to apply for a GSO-like sat- tion authorization. ellite or an NGSO-like satellite system A station authorization shall be in any frequency band if it has two or automatically terminated in whole or more satellite applications pending, or in part without further notice to the li- two licensed-but-unbuilt satellite sys- censee upon: tems of any kind. This limit will re- (a)(1) The failure to meet an applica- main in effect until the licensee pro- ble milestone specified in § 25.164(a) or vides adequate information to dem- (b), if no authorized space station is onstrate that it is very likely to con- functional in orbit;

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(2) The failure to meet an applicable (b) The receiving earth station is not milestone specified in § 25.164(b)(1) or constructed and placed into service (2), if at least one authorized space sta- within 6 months after completion of co- tion is functional in an authorized ordination; orbit, which failure will result in the (c) The Commission finds that the termination of authority for the space station has been used less than 50% of stations not in orbit as of the mile- the time during any 12 month period; stone date, but allow for technically (d) The Commission finds that the identical replacements; or station has been used for an unlawful (3) The failure to meet any other purpose or otherwise in violation of the milestone or construction requirement Commission’s rules, regulations or imposed as a condition of authoriza- policies; tion. In the case of a space station au- (e) The Commission finds that the ac- thorization when at least one author- tual use of the facility is inconsistent ized space station is functional in with what was set forth in the registrant’s application; or orbit, however, such termination will (f) The Commission finds that the be with respect to only the authoriza- frequency coordination exhibit, upon tion for any space stations not in orbit which the granted registration is as of the milestone date. based, is incomplete or does not con- (b) The expiration of the license form with established coordination term, unless, in the case of an earth procedures. station license, an application for renewal of the license has been filed with § 25.163 Reinstatement. the Commission pursuant to § 25.121(e) (a) A station authorization termi- or, in the case of a space station li- nated in whole or in part under the cense, an application for extension of provisions of § 25.161 may be reinstated the license term has been filed with the if the Commission, in its discretion, de- Commission; or termines that reinstatement would (c) The removal or modification of best serve the public interest, conven- the facilities which renders the station ience and necessity. Petitions for rein- not operational for more than 90 days, statement will be considered only if: unless specific authority is requested. (1) The petition is filed within 30 days (d) The failure to maintain 50 percent after the expiration date set forth in of the maximum number of NGSO § 25.161(a) or § 25.161(b), whichever is ap- space stations authorized for service plicable; following the 9-year milestone period (2) The petition explains the failure as functional space stations in author- to file a timely notification or renewal ized orbits, which failure will result in application; and the termination of authority for the (3) The petition sets forth with speci- space stations not in orbit as of the ficity the procedures that have been es- date of noncompliance, but allow for tablished to ensure timely filings in technically identical replacements. the future. (b) A special temporary authoriza- [56 FR 24016, May 28, 1991, as amended at 68 FR 51507, Aug. 27, 2003; 78 FR 8425, Feb. 6, tion shall automatically terminate 2013; 79 FR 8320, Feb. 12, 2014; 82 FR 59985, upon the expiration date specified Dec. 18, 2017] therein, or upon failure of the grantee to comply with any special terms or § 25.162 Cause for termination of inter- conditions set forth in the authoriza- ference protection. tion. Temporary operation may be ex- The protection from interference af- tended beyond the termination date forded by the registration of a receiv- only upon application to the Commis- ing earth station shall be automati- sion. cally terminated if: [56 FR 24016, May 28, 1991, as amended at 81 (a) The request for registration is not FR 55334, Aug. 18, 2016] submitted to the Commission within 3 months of the completion of the fre- § 25.164 Milestones. quency coordination process, except as (a) The recipient of an initial license provided for in § 25.203; for a GSO space station, other than a

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DBS space station, SDARS space sta- the applicable requirements in para- tion, or replacement space station as graph (b) of this section with respect to defined in § 25.165(e), must launch the the NGSO satellites. space station, position it in its as- (h) In cases where the Commission signed orbital location, and operate it grants a satellite authorization in dif- in accordance with the station author- ferent stages, such as a license for a ization no later than 5 years after the satellite system using feeder links or grant of the license, unless a different inter-satellite links, the earliest of the schedule is established by Title 47, milestone schedules will be applied to Chapter I, or the Commission. the entire satellite system. (b)(1) The recipient of an initial au- [68 FR 51507, Aug. 27, 2003, as amended at 69 thorization for an NGSO satellite sys- FR 51587, Aug. 20, 2004; 79 FR 8320, Feb. 12, tem, other than an SDARS system, 2014; 81 FR 55334, Aug. 18, 2016; 82 FR 59985, must launch 50 percent of the max- Dec. 18, 2017] imum number of space stations authorized for service, place them in their as- § 25.165 Surety bonds. signed orbits, and operate them in ac- (a) For all space station licenses cordance with the station authoriza- issued after September 20, 2004, other tion no later than 6 years after the than licenses for DBS space stations, grant of the authorization, unless a dif- SDARS space stations, space stations ferent schedule is established by Title licensed in accordance with § 25.122 or 47, Chapter I. This paragraph does not § 25.123, and replacement space stations apply to replacement NGSO space sta- as defined in paragraph (e) of this sections as defined in § 25.165(e). tion, the licensee must post a bond (2) A licensee that satisfies the re- within 30 days of the grant of its li- quirement in paragraph (b)(1) of this cense. Space station licensed in accord- section must launch the remaining ance with § 25.122 or § 25.123 must post a space stations necessary to complete bond within one year plus 30 days of its authorized service constellation, the grant of the license. Failure to post place them in their assigned orbits, and a bond will render the license null and operate each of them in accordance void automatically. with the authorization no later than (1) An NGSO licensee must have on nine years after the grant of the au- file a surety bond requiring payment in thorization. the event of default as defined in para- (c)–(e) [Reserved] graph (c) of this section, in an amount, (f) A licensee subject to the require- at a minimum, determined according ments in paragraph (a) or (b) of this to the following formula, with the re- section must either demonstrate com- sulting dollar amount rounded to the pliance with the applicable require- nearest $10,000: A = $1,000,000 + ment or notify the Commission in writ- $4,000,000 * D/2192, where A is the ing that the requirement was not met, amount to be paid and D is the lesser of within 15 days after the specified dead- 2192 or the number of days that elapsed line. Compliance with a milestone re- from the date of license grant until the quirement in paragraph (a) or (b) of date when the license was surrendered. this section may be demonstrated by (2) A GSO licensee must have on file certifying pursuant to § 25.121(d) that a surety bond requiring payment in the the space station(s) in question, has, or event of default as defined in paragraph have, been launched and placed in the (c) of this section, in an amount, at a authorized orbital location or non-geo- minimum, determined according to the stationary orbit(s) and that in-orbit following formula, with the resulting operation of the space station or sta- dollar amount rounded to the nearest tions has been tested and found to be $10,000: A = $1,000,000 + $2,000,000 * D/ consistent with the terms of the au- 1827, where A is the amount to be paid thorization. and D is the lesser of 1827 or the num- (g) Licensees of satellite systems ber of days that elapsed from the date that include both NGSO satellites and of license grant until the date when the GSO satellites must meet the require- license was surrendered. ment in paragraph (a) of this section (3) Licensees of satellite systems in- with respect to the GSO satellite(s) and cluding both NGSO space stations and

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GSO space stations that will operate in § 25.110(b)(3)(i) or an Appendix 30B filing the same frequency bands must file a pursuant to § 25.110(b)(3)(ii) must obtain surety bond requiring payment in the a surety bond in the amount of $500,000 event of default as defined in paragraph in accordance with the requirements in (c) of this section, in an amount, at a paragraph (b) of this section for licens- minimum, to be determined according ees. The application will be returned as to the formula in paragraph (a)(1) of defective pursuant to § 25.112 if a copy this section. of the required bond is not filed with (b) The licensee must use a surety the Commission within 30 days after company deemed acceptable within the release of a public notice announcing meaning of 31 U.S.C. 9304 et seq. (See, that the Commission has submitted the e.g., Department of Treasury Fiscal Coordination Request or Appendix 30B Service, Companies Holding Certifi- filing to the ITU. cates of Authority as Acceptable Sure- (g) An applicant will be considered to ties on Federal Bonds and As Accept- be in default with respect to a bond able Reinsurance Companies, 57 FR filed pursuant to paragraph (f) of this 29356, July 1, 1992.) The bond must section if the applicant fails to submit name the U.S. Treasury as beneficiary a complete, acceptable license applica- in the event of the licensee’s default. tion pursuant to § 25.110(b)(3)(iii) for The licensee must provide the Commis- the operation proposed in the initial sion with a copy of the performance application materials filed pursuant to bond, including all details and condi- § 25.110(b)(3)(i) or (b)(3)(ii) within two tions. years of the date of submission of the (c) A licensee will be considered to be initial application materials. in default with respect to a bond filed [68 FR 51507, Aug. 27, 2003, as amended at 69 pursuant to paragraph (a) of this sec- FR 51587, Aug. 20, 2004; 81 FR 55335, Aug. 18, tion if it surrenders the license before 2016; 82 FR 59986, Dec. 18, 2017; 85 FR 43735, meeting an applicable milestone re- July 20, 2020] quirement in § 25.164(a) or (b)(1) or if it fails to satisfy any such milestone. REPORTING REQUIREMENTS FOR SPACE (d) A licensee will be relieved of its STATION OPERATORS bond obligation under paragraph (a) of this section upon a Commission finding § 25.170 Annual reporting require- that the licensee has satisfied the ap- ments. plicable milestone requirement(s) in All operators of U.S.-licensed space § 25.164(a) and (b)(1) for the authoriza- stations and operators of non-U.S.-li- tion. censed space stations granted U.S. (e) A replacement space station is market access must, on June 30 of each one that: year, file a report with the Inter- (1) Is authorized to operate at an or- national Bureau containing the fol- bital location within ±0.15° of the as- lowing information: signed location of a GSO space station (a) Identification of any space sta- to be replaced or is authorized for tion(s) not available for service or oth- NGSO operation and will replace an ex- erwise not performing to specifications isting NGSO space station in its au- as of May 31 of the current year, any thorized orbit, except for space sta- spectrum within the scope of the part tions authorized under § 25.122 or 25 license or market access grant that § 25.123; the space station is unable to use, the (2) Is authorized to operate in the cause(s) of these difficulties, and the same frequency bands, and with the date when the space station was taken same coverage area as the space sta- out of service or the malfunction was tion to be replaced; and identified; and (3) Is scheduled to be launched so (b) A current listing of the names, ti- that it will be brought into use at ap- tles, addresses, email addresses, and proximately the same time as, but no telephone numbers of the points of con- later than, the existing space station is tact for resolution of interference prob- retired. lems and for emergency response. Con- (f) An applicant that has submitted a tact personnel should include those re- Coordination Request pursuant to sponsible for resolution of short term,

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immediate interference problems at used or may be used for telemetry, the system control center, and those tracking, and command communica- responsible for long term engineering tion with the space station(s) in ques- and technical design issues. tion. (c) Construction progress and antici- (b) The information required by para- pated launch dates for authorized re- graph (a) of this section must be filed placement satellites. electronically in the Commission’s NOTE TO § 25.170: Space station operators International Bureau Filing System may also be subject to outage reporting re- (IBFS), in the ‘‘Other Filings’’ tab of quirements in part 4 of this chapter. the space station’s current authoriza- [79 FR 8321, Feb. 12, 2014] tion file. If call sign or location information provided pursuant to paragraph § 25.171 Contact information reporting (a) of this section becomes invalid due requirements. to a change of circumstances, the space If contact information filed in space station operator must file updated in- station application or pursuant to formation in the same manner within § 25.170(b) or § 25.172(a)(1) changes, the 30 days, except with respect to changes operator must file corrected informa- less than 30 days in duration, for which tion electronically in the Commission’s no update is necessary. International Bureau Filing System (IBFS), in the ‘‘Other Filings’’ tab of [79 FR 8321, Feb. 12, 2014] the station’s current authorization file. The operator must file the updated in- § 25.173 Results of in-orbit testing. formation within 10 days. (a) Space station operators must [79 FR 8321, Feb. 12, 2014] measure the co-polarized and cross-polarized performance of space station § 25.172 Requirements for reporting antennas through in-orbit testing and space station control arrangements. submit the measurement data to the (a) The operator of any space station Commission upon request. licensed by the Commission or granted (b) Within 15 days after completing U.S. market access must file the fol- in-orbit testing of a space station li- lowing information with the Commis- censed under this part, the operator sion prior to commencing operation must notify the Commission that such with the space station, or, in the case testing has been completed and certify of a non-U.S.-licensed space station, that the space station’s measured per- prior to commencing operation with formance is consistent with the station U.S. earth stations. authorization and that the space sta- (1) The information required by tion is capable of using its assigned fre- § 25.170(b). quencies or inform the Commission of (2) The call signs of any telemetry, any discrepancy. The licensee must tracking, and command earth sta- also indicate in the filing whether the tion(s) communicating with the space space station has been placed in the as- station from any site in the United signed geostationary orbital location States. (3) The location, by city and country, or non-geostationary orbit. If the li- of any telemetry, tracking, and com- censee files a certification pursuant to mand earth station that communicates this paragraph before the space station with the space station from any point has been placed in its assigned orbit or outside the United States. orbital location, the licensee must sep- (4) Alternatively, instead of listing arately notify the Commission that the the call signs and/or locations of earth space station has been placed in such stations currently used for telemetry, orbit or orbital location within 3 days tracking, and command, the space sta- after such placement and that the station operator may provide 24/7 contact tion’s measured performance is con- information for a satellite control cen- sistent with the station authorization. ter and a list of the call signs of any U.S. earth stations, and the locations [79 FR 8321, Feb. 12, 2014] of any non-U.S. earth stations, that are

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Subpart C—Technical Standards 1626.5–1660.5 MHz: Earth-to-space (B) The use of the frequencies 1544– SOURCE: 30 FR 7176, May 28, 1965; 36 FR 1545 MHz and 1645.5–1646.5 MHz is lim- 2562, Feb. 6, 1971, unless otherwise noted. ited to distress and safety communications. § 25.201 [Reserved] (5) The following frequencies are available for use by the inter-satellite § 25.202 Frequencies, frequency toler- service: ance, and emission limits. 22.55–23.00 GHz (a)(1) In addition to the frequency- 23.00–23.55 GHz use restrictions set forth in § 2.106 of 24.45–24.65 GHz this chapter, the following restrictions 24.65–24.75 GHz apply: 54.25–56.90 GHz (i) In the 27.5–28.35 GHz band, the FSS 57.00–58.20 GHz (Earth-to-space) is secondary to the 65.00–71.00 GHz Upper Microwave Flexible Use Service (6) The following frequencies are authorized pursuant to part 30 of this available for use by the Satellite Dig- chapter, except for FSS operations as- ital Audio Radio Service (SDARS), and sociated with earth stations authorized for any associated terrestrial repeat- pursuant to § 25.136. ers: 2320–2345 MHz (space-to-Earth) (ii) Use of the 37.5–40 GHz band by the (7) The following frequencies are FSS (space-to-Earth) is limited to indi- available for use by the Direct Broad- vidually licensed earth stations. Earth cast Satellite service: stations in this band must not be ubiq- 12.2–12.7 GHz: Space-to-Earth. uitously deployed and must not be used 12.2–12.7 GHz: Space-to-Earth. to serve individual consumers. (8) The following frequencies are (iii) The U.S. non-Federal Table of available for use by Earth Stations on Frequency Allocations, in § 2.106 of this Vessels (ESVs) communicating with chapter, is applicable between Commis- GSO FSS space stations, subject to the sion space station licensees relying on provisions in § 2.106 of this chapter: a U.S. ITU filing and transmitting to or receiving from anywhere on Earth, 3700–4200 MHz (space-to-Earth) 5925–6425 MHz (Earth-to-space) including airborne earth stations, in the 17.7–20.2 GHz or 27.5–30 GHz bands. (9) The following frequencies are (2) [Reserved] available for use by the Broadcasting- (3) The following frequencies are Satellite Service after 1 April 2007: available for use by the non-voice, non- 17.3–17.7 GHz (space-to-Earth) geostationary mobile-satellite service: 17.7–17.8 GHz (space-to-Earth) 137–138 MHz: Space-to-Earth NOTE 1 TO PARAGRAPH (a)(9): Use of the 17.3– 148–150.05 MHz: Earth-to-space 17.7 GHz band by the broadcasting-satellite 399.9–400.05 MHz: Earth-to-space service is limited to geostationary satellite 400.15–401 MHz: Space-to-Earth orbit systems. NOTE 2 TO PARAGRAPH (a)(9): Use of the 17.7– (4)(i) The following frequencies are 17.8 GHz band (space-to-Earth) by the broad- available for use by the 1.6/2.4 GHz Mo- casting-satellite service is limited to trans- bile-Satellite Service: missions from geostationary satellite orbit 1610–1626.5 MHz: User-to-Satellite Link systems to receiving earth stations located 1613.8–1626.5 MHz: Satellite-to-User Link outside of the United States and its Posses- (secondary) sions. In the United States and its Posses- 2483.5–2500 MHz: Satellite-to-User Link sions, the 17.7–17.8 GHz band is allocated on a primary basis to the Fixed Service. (ii) The following frequencies are available for use by the 2 GHz Mobile- (10) The following frequencies are Satellite Service: 2000–2020 MHz: User- available for use by Vehicle-Mounted to-Satellite Link; 2180–2200 MHz: Sat- Earth Stations (VMESs): ellite-to-User Link. 10.95–11.2 GHz (space-to-Earth) (iii)(A) The following frequencies are 11.45–11.7 GHz (space-to-Earth) available for use by the 1.5/1.6 GHz Mo- 11.7–12.2 GHz (space-to-Earth) 14.0–14.5 GHz (Earth-to-space) bile-Satellite Service: 18.3–18.8 GHz (space-to-Earth) 1525–1559 MHz: space-to-Earth 19.7–20.2 GHz (space-to-Earth)

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28.35–28.6 GHz (Earth-to-space) (e) Frequency tolerance, space stations. 29.25–30.0 GHz (Earth-to-space) The carrier frequency of each space (i) The following frequencies are station transmitter authorized in these available for use by Earth Stations in services shall be maintained within Motion (ESIMs) communicating with 0.002 percent of the reference fre- GSO FSS space stations, subject to the quency. provisions in § 2.106 of this chapter: (f) Emission limitations. Except for 10.7–11.7 GHz (space-to-Earth) SDARS terrestrial repeaters and as 11.7–12.2 GHz (space-to-Earth) provided for in paragraph (i), the mean 14.0–14.5 GHz (Earth-to-space) power of emissions shall be attenuated 17.8–18.3 GHz (space-to-Earth) below the mean output power of the 18.3–18.8 GHz (space-to-Earth) 18.8–19.3 GHz (space-to-Earth) transmitter in accordance with the 19.3–19.4 GHz (space-to-Earth) schedule set forth in paragraphs (f)(1) 19.6–19.7 GHz (space-to-Earth) through (f)(4) of this section. The out- 19.7–20.2 GHz (space-to-Earth) of-band emissions of SDARS terrestrial 28.35–28.6 GHz (Earth-to-space) repeaters shall be attenuated in ac- 28.6–29.1 GHz (Earth-to-space) cordance with the schedule set forth in 29.25–30.0 GHz (Earth-to-space) paragraph (h) of this section. (ii) The following frequencies are (1) In any 4 kHz band, the center fre- available for use by Earth Stations in quency of which is removed from the Motion (ESIMs) communicating with assigned frequency by more than 50 NGSO FSS space stations, subject to percent up to and including 100 percent the provisions in § 2.106 of this chapter: of the authorized bandwidth: 25 dB; 10.7–11.7 GHz (space-to-Earth) (2) In any 4 kHz band, the center fre- 11.7–12.2 GHz (space-to-Earth) quency of which is removed from the 14.0–14.5 GHz (Earth-to-space) 17.8–18.3 GHz (space-to-Earth) assigned frequency by more than 100 18.3–18.6 GHz (space-to-Earth) percent up to and including 250 percent 18.8–19.3 GHz (space-to-Earth) of the authorized bandwidth: 35 dB; 19.3–19.4 GHz (space-to-Earth) (3) In any 4 kHz band, the center fre- 19.6–19.7 GHz (space-to-Earth) quency of which is removed from the 19.7–20.2 GHz (space-to-Earth) 28.4–28.6 GHz (Earth-to-space) assigned frequency by more than 250 28.6–29.1 GHz (Earth-to-space) percent of the authorized bandwidth: 29.5–30.0 GHz (Earth-to-space) An amount equal to 43 dB plus 10 times the logarithm (to the base 10) of the (11) [Reserved] (12) The following frequencies are transmitter power in watts; available for use by the mobile-sat- (4) In any event, when an emission ellite service (Earth-to-space) for the outside of the authorized bandwidth reception of Automatic Identification causes harmful interference, the Com- Systems (AIS) broadcast messages mission may, at its discretion, require from ships: greater attenuation than specified in paragraphs (f) (1), (2) and (3) of this sec- 156.7625–156.7875 MHz 156.8125–156.8375 MHz tion. 161.9625–161.9875 MHz (g)(1) Telemetry, tracking, and com- 162.0125–162.0375 MHz mand signals may be transmitted in (b) Other frequencies and associated frequencies within the assigned bands bandwidths of emission may be as- that are not at a band edge only if the signed on a case-by-case basis to space transmissions cause no greater inter- systems under this part in conform- ference and require no greater protec- ance with § 2.106 of this chapter and the tion from harmful interference than Commission’s rules and policies. the communications traffic on the sat- (c) [Reserved] ellite network or have been coordi- (d) Frequency tolerance, Earth stations. nated with operators of authorized co- The carrier frequency of each earth frequency space stations at orbital lo- station transmitter authorized in these cations within six degrees of the as- services shall be maintained within signed orbital location. 0.001 percent of the reference fre- (2) Frequencies, polarization, and quency. coding of telemetry, tracking, and

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command transmissions must be se- ing (REAG) as that in which a SDARS lected to minimize interference into terrestrial repeater is located. other satellite networks. (iii) A SDARS terrestrial repeater is (h) Out-of-band emission limitations for located within 5 kilometers of the SDARS terrestrial repeaters. (1) Any boundary of an MEA or REAG in which SDARS terrestrial repeater operating the WCS licensee is authorized to oper- at a power level greater than 2-watt av- ate a WCS base station. erage EIRP is required to attenuate its (i) The following unwanted emissions out-of-band emissions below the trans- power limits for non-geostationary sat- mitter power P by a factor of not less ellites operating in the inter-satellite than 90 + 10 log (P) dB in a 1-megahertz service that transmit in the 22.55–23.55 bandwidth outside the 2320–2345 MHz GHz band shall apply in any 200 MHz of band, where P is average transmitter the 23.6–24 GHz passive band, based on output power in watts. the date that complete advance publi- (2) Any SDARS terrestrial repeater cation information is received by the operating at a power level equal to or ITU’s Radiocommunication Bureau: less than 2-watt average EIRP is re- (1) For information received before quired to attenuate its out-of-band January 1, 2020: ¥36 dBW. emissions below the transmitter power (2) For information received on or P by a factor of not less than 75 + 10 log after January 1, 2020: ¥46 dBW. (P) dB in a 1-megahertz bandwidth out- (j) For earth stations in the Fixed- side the 2320–2345 MHz band, where P is Satellite Service (Earth-to-space) that average transmitter output power in transmit in the 49.7–50.2 GHz and 50.4– watts. 50.9 GHz bands, the unwanted emission (3) SDARS repeaters are permitted to power in the 50.2–50.4 GHz band shall attenuate out-of-band emissions less not exceed ¥20 dBW/200 MHz (measured than the levels specified in paragraphs at the input of the antenna), except (h)(1) and (h)(2), of this section unless a that the maximum unwanted emission potentially affected WCS licensee pro- power may be increased to ¥10 dBW/200 vides written notice that it intends to MHz for earth stations having an an- commence commercial service within tenna gain greater than or equal to 57 the following 365 days. Starting 180 dBi. These limits apply under clear-sky days after receipt of such written no- conditions. During fading conditions, tice, SDARS repeaters within the area the limits may be exceeded by earth notified by the potentially affected stations when using uplink power con- WCS licensee must attenuate out-of- trol. band emissions to the levels specified [30 FR 7176, May 28, 1965] in paragraphs (h)(1) and (h)(2) of this section. EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 25.202, see the List of CFR (4) For the purpose of this section, a Sections Affected, which appears in the WCS licensee is potentially affected if Finding Aids section of the printed volume it is authorized to operate a base sta- and at www.govinfo.gov. tion in the 2305–2315 MHz or 2350–2360 MHz bands within 25 kilometers of a re- § 25.203 Choice of sites and fre- peater seeking to operate with an out quencies. of band emission attenuation factor (a) Sites and frequencies for earth less than those prescribed in para- stations, other than ESVs, operating in graphs (h)(1) or (2) of this section. frequency bands shared with equal (i) The WCS licensee is authorized to rights between terrestrial and space operate a base station in the 2305–2315 services, shall be selected, to the ex- MHz or 2350–2360 MHz bands in the tent practicable, in areas where the same Major Economic Area (MEA) as surrounding terrain and existing fre- that in which a SDARS terrestrial re- quency usage are such as to minimize peater is located. the possibility of harmful interference (ii) The WCS licensee is authorized to between the sharing services. operate a base station in the 2315–2320 (b) An applicant for an earth station MHz or 2345–2350 MHz bands in the authorization, other than an ESV, in a same Regional Economic Area Group- frequency band shared with equal

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rights with terrestrial microwave serv- terrestrial station, for which a license ices shall compute the great circle co- or construction permit has been grant- ordination distance contour(s) for the ed or for which an application has been proposed station in accordance with accepted for filing, which is or is to be the procedures set forth in § 25.251. The operated in a shared frequency band to applicant shall submit with the appli- be used by the proposed earth station cation a map or maps drawn to appro- and which is located within the great priate scale and in a form suitable for circle coordination distance contour(s) reproduction indicating the location of of the proposed earth station. the proposed station and these con- (2) The earth station applicant shall tours. These maps, together with the provide each such terrestrial station li- pertinent data on which the computa- censee, permittee, and prior filed appli- tion of these contours is based, includ- cant with the technical details of the ing all relevant transmitting and/or re- proposed earth station and the relevant ceiving parameters of the proposed sta- interference analyses that were made. tion that is necessary in assessing the At a minimum, the earth station appli- likelihood of interference, an appro- cant shall provide the terrestrial user priately scaled plot of the elevation of with the following technical informa- the local horizon as a function of azi- tion: muth, and the electrical characteris- (i) The geographical coordinates of tics of the earth station antenna(s), shall be submitted by the applicant in the proposed earth station antenna(s), a single exhibit to the application. The (ii) Proposed operating frequency coordination distance contour plot(s), band(s) and emission(s), horizon elevation plot, and antenna ho- (iii) Antenna center height above rizon gain plot(s) required by this sec- ground and ground elevation above tion may also be submitted in tabular mean sea level, numerical format at 5° azimuthal in- (iv) Antenna gain pattern(s) in the crements instead of graphical format. plane of the main beam, At a minimum, this exhibit shall in- (v) Longitude range of geostationary clude the information listed in para- satellite orbit (GSO) satellites at graph (c)(2) of this section. An earth which antenna may be pointed, for pro- station applicant shall also include in posed earth station antenna(s) access- the application relevant technical de- ing GSO satellites, tails (both theoretical calculations (vi) Horizon elevation plot, and/or actual measurements) of any (vii) Antenna horizon gain plot(s) de- special techniques, such as the use of termined in accordance with § 25.251 for artificial site shielding, or operating satellite longitude range specified in procedures or restrictions at the pro- paragraph (c)(2)(v) of this section, tak- posed earth station which are to be em- ing into account the provisions of ployed to reduce the likelihood of in- § 25.251 for earth stations operating terference, or of any particular charac- with non-geostationary satellites, teristics of the earth station site which (viii) Minimum elevation angle, could have an effect on the calculation of the coordination distance. (ix) Maximum equivalent (c) Prior to the filing of its applica- isotropically radiated power (e.i.r.p.) tion, an applicant for operation of an density in the main beam in any 4 kHz earth station, other than an ESV, band, (dBW/4 kHz) for frequency bands VMES or ESAA, shall coordinate the below 15 GHz or in any 1 MHz band proposed frequency usage with existing (dBW/MHz) for frequency band above 15 terrestrial users and with applicants GHz, for terrestrial station authorizations (x) Maximum available RF transmit with previously filed applications in power density in any 1 MHz band and in accordance with the following proce- any 4 kHz band at the input terminals dure: of the antenna(s), (1) An applicant for an earth station (xi) Maximum permissible RF inter- authorization shall perform an interference power level as determined in ference analysis in accordance with the accordance with § 25.251 for all applica- procedures set forth in § 25.251 for each ble percentages of time, and

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(xii) A plot of great circle coordina- (1) Applicants for a station author- tion distance contour(s) and rain scat- ization to operate in the vicinity of ter coordination distance contour(s) as Boulder County, Colorado under this determined by § 25.251. part are advised to give due consider- (3) The coordination procedures spec- ation, prior to filing applications, to ified in § 101.103 of this chapter and the need to protect the Table Mountain § 25.251 shall be applicable except that Radio Receiving Zone from harmful in- the information to be provided shall be terference. These are the research lab- that set forth in paragraph (c)(2) of this oratories of the Department of Com- section, and that the 30-day period al- merce, Boulder County, Colorado. To lowed for response to a request for co- prevent degradation of the present am- ordination may be increased to a max- bient radio signal level at the site, the imum of 45 days by mutual consent of Department of Commerce seeks to en- the parties. sure that the field strengths of any ra- (4) Where technical problems are re- diated signals (excluding reflected sig- solved by an agreement or operating nals) received on this 1800 acre site (in arrangement between the parties that the vicinity of coordinates 40°07′50″ N would require special procedures be Latitude, 105°14′40″ W Longitude) re- taken to reduce the likelihood of harm- sulting from new assignments (other ful interference (such as the use of arti- than mobile stations) or from the ficial site shielding) or would result in modification or relocation of existing lessened quality or capacity of either facilities do not exceed the following system, the details thereof shall be values: contained in the application. In authorized bandwidth (5) The Commission may, in the of service course of examining any application, Frequency range Field Power flux require the submission of additional strength density 1 showings, complete with pertinent data (mV/m) (dBW/m2) and calculations in accordance with ¥ § 25.251, showing that harmful inter- Below 540 kHz ...... 10 65.8 540 to 1600 kHz ...... 20 ¥59.8 ference is not likely to result from the 1.6 to 470 MHz ...... 10 2¥65.8 proposed operation. 470 to 890 MHz ...... 30 2¥56.2 (6) Multiple antennas in an NGSO Above 890 MHz ...... 1 2¥85.8 FSS gateway earth station complex lo- 1 Equivalent values of power flux density are calculated as- cated within an area bounded by one suming free space characteristic impedance of 376.7 = 120π ohms. second of latitude and one second of 2 Space stations shall conform to the power flux density lim- longitude may be regarded as a single its at the earth’s surface specified in appropriate parts of the FCC rules, but in no case should exceed the above levels in earth station for purposes of coordina- any 4 kHz band for all angles of arrival. tion with terrestrial services. (d) An applicant for operation of an (2) Advance consultation is rec- earth station, other than an ESV, ommended particularly for those appli- VMES or an ESAA, shall also ascertain cants who have no reliable data which whether the great circle coordination indicates whether the field strength or distance contours and rain scatter co- power flux density figures in the above ordination distance contours, com- table would be exceeded by their pro- puted for those values of parameters posed radio facilities (except mobile indicated in § 25.251 (Appendix 7 of the stations). In such instances, the fol- ITU RR) for international coordina- lowing is a suggested guide for deter- tion, cross the boundaries of another mining whether coordination is rec- Administration. In this case, the appli- ommended: cant shall furnish the Commission cop- (i) All stations within 2.5 kilometers; ies of these contours on maps drawn to (ii) Stations within 5 kilometers with appropriate scale for use by the Com- 50 watts or more average effective radi- mission in effecting coordination of the ated power (ERP) in the primary plane proposed earth station with the Admin- of polarization in the azimuthal direc- istration(s) affected. tion of the Table Mountain Radio Re- (e) Protection for Table Mountain ceiving Zone; Radio Receiving Zone, Boulder County, (iii) Stations within 15 kilometers Colorado. with 1 kW or more average ERP in the

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primary plane of polarization in the az- application to the Commission the date imuthal direction of Table Mountain notification was made to the observ- Receiving Zone; atory. After receipt of such applica- (iv) Stations within 80 kilometers tions, the Commission will allow a pe- with 25 kW or more average ERP in the riod of 20 days for comments or objec- primary plane of polarization in the az- tions in response to the notifications imuthal direction of Table Mountain indicated. If an objection to the pro- Receiving Zone. posed operation is received during the (3) Applicants concerned are urged to 20-day period from the National Radio communicate with the Radio Fre- Astronomy Observatory for itself or on quency Management Coordinator, De- behalf of the Naval Radio Research Ob- partment of Commerce, Research Sup- servatory, the Commission will con- port Services, NOAA R/E5X2, Boulder sider all aspects of the problem and Laboratories, Boulder, CO 80303; tele- take whatever action is deemed appro- phone (303) 497–6548, in advance of filing priate. their applications with the Commis- (g) Protection for Federal Commu- sion. nications Commission monitoring sta- (4) The Commission will not screen tions: applications to determine whether ad- (1) Applicants for authority to oper- vance consultation has taken place. ate a new transmitting earth station in However, applicants are advised that the vicinity of an FCC monitoring sta- such consultation can avoid objections tion or to modify the operation of a from the Department of Commerce or transmitting earth station in a way proceedings to modify any authoriza- that would increase the field strength tion which may be granted which, in produced at such a monitoring station fact, delivers a signal at the site in ex- above that previously authorized cess of the field strength specified should consider the possible need to herein. protect the FCC stations from harmful (f) Notification to the National Radio interference. Geographic coordinates of Astronomy Observatory: In order to min- the facilities that require protection imize possible harmful interference at are listed in § 0.121(c) of this chapter. the National Radio Astronomy Observ- Applications for fixed stations that atory site at Green Bank, Pocahontas will produce field strength greater than County, W. Va., and at the Naval Radio 10 mV/m or power flux density greater Research Observatory site at Sugar than ¥65.8 dBW/m2 in the authorized Grove, Pendleton County, W. Va., any emission bandwidth at any of the ref- applicant for operating authority erenced coordinates may be examined under this part for a new transmit or to determine the extent of possible in- transmit-receive earth station, other terference. Depending on the theo- than a mobile or temporary fixed sta- retical field strength value and exist- tion, within the area bounded by 39°15′ ing root-sum-square or other ambient N. on the north, 78°30′ W. on the east, radio field signal levels at the ref- 37°30′ N. on the south and 80°30′ W. on erenced coordinates, a condition to the west or for modification of an ex- protect the monitoring station may be isting license for such station to included in the station authorization. change the station’s frequency, power, (2) In the event that the calculated antenna height or directivity, or loca- value of the expected field strength ex- tion must, when filing the application ceeds 10 mV/m (¥65.8 dBW/m2) at the with the Commission, simultaneously reference coordinates, or if there is any notify the Director, National Radio As- question whether field strength levels tronomy Observatory, P.O. Box No. 2, might exceed the threshold value, ad- Green Bank, W. Va. 24944, in writing, of vance consultation with the FCC to the technical particulars of the pro- discuss any protection necessary posed station. Such notification shall should be considered. See § 0.401 of this include the geographical coordinates of chapter for contact information. the antenna, antenna height, antenna (3) Advance consultation is suggested directivity if any, proposed frequency, particularly for those applicants who type of emission, and power. In addi- have no reliable data which indicates tion, the applicant shall indicate in his whether the field strength or power

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flux density figure indicated would be (i) Any applicant for a new perma- exceeded by their proposed radio facili- nent transmitting fixed earth station ties (except mobile stations). In such to be located on the island of Puerto instances, the following is a suggested Rico, Desecheo, Mona, Vieques, or guide for determining whether an ap- Culebra, or for modification of an ex- plicant should coordinate: isting authorization to change the fre- (i) All stations within 2.5 kilometers; quency, power, antenna height, direc- (ii) Stations within 5 kilometers with tivity, or location of such a station on 50 watts or more average effective radi- one of these islands in a way that ated power (ERP) in the primary plane would increase the likelihood of caus- of polarization in the azimuthal direc- ing interference, must notify the Inter- tion of the Monitoring Station; ference Office, Arecibo Observatory, (iii) Stations within 15 kilometers HC3 Box 53995, Arecibo, Puerto Rico with 1 kW or more average ERP in the 00612, in writing or electronically, of primary plane of polarization in the az- the technical parameters of the pro- imuthal direction of the Monitoring posal. Applicants may wish to consult Station; interference guidelines, which will be (iv) Stations within 80 kilometers provided by Cornell University. Appli- with 25 kW or more average ERP in the cants who choose to transmit informa- primary plane of polarization in the az- tion electronically should e-mail to: imuthal direction of the Monitoring [email protected]. Station. (1) The notification to the Inter- (4) Advance coordination for stations ference Office, Arecibo Observatory operating above 1000 MHz is rec- shall be made prior to, or simulta- ommended only where the proposed neously with, the filing of the applica- station is in the vicinity of a moni- tion with the Commission. The notifi- toring station designated as a satellite cation must specify the geographical monitoring facility in § 0.121(c) of this coordinates of the antenna (NAD–83 chapter and also meets the criteria datum), antenna height above ground, outlined in paragraphs (g)(2) and (3) of ground elevation at the antenna, an- this section. tenna directivity and gain, proposed (5) The Commission will not screen frequency, relevant FCC rule part, type applications to determine whether ad- of emission, effective radiated power, vance consultation has taken place. and whether the proposed use is However, applicants are advised that itinerant. Generally, submission of the such consultation can avoid objections information in the technical portion of from the Federal Communications the FCC license application is adequate Commission or modification of any au- notification. In addition, the applicant thorization which will cause harmful shall indicate in its application to the interference. Commission the date notification was (h) Sites and frequencies for GSO and made to the Arecibo Observatory. NGSO earth stations, operating in a (2) After receipt of such applications, frequency band where both have a co- the Commission will allow the Arecibo primary allocation, shall be selected to Observatory a period of 20 days for avoid earth station antenna mainlobe- comments or objections in response to to-satellite antenna mainlobe coupling, the notification indicated. The appli- between NGSO systems and between cant will be required to make reason- NGSO and GSO systems, in order to able efforts in order to resolve or miti- minimize the possibility of harmful in- gate any potential interference prob- terference between these services. lem with the Arecibo Observatory and Prior to filing an earth station applica- to file either an amendment to the ap- tion, in bands with co-primary alloca- plication or a modification application, tions to NGSO and GSO earth stations, as appropriate. If the Commission de- the applicant shall coordinate the pro- termines that an applicant has satis- posed site and frequency usage with ex- fied its responsibility to make reason- isting earth station licensees and with able efforts to protect the Observatory current earth station authorization ap- from interference, its application may plicants. be granted.

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(3) The provisions of this paragraph ordination agreements between the op- do not apply to operations that trans- erator(s) of the space station(s) with mit on frequencies above 15 GHz. which the earth station is to commu- (j) Applicants for NGSO 1.6/2.4 GHz nicate and the operator(s) of any other Mobile-Satellite Service/Radio- space station licensed to use the band. determination-Satellite Service feeder (l) [Reserved] links in the 17.7–20.2 GHz and 27.5–30.0 (m) Feeder links to DBS space sta- GHz bands must coordinate with li- tions: censees of FSS and terrestrial-service (1) Each applicant for a license to systems sharing the band to determine construct a new FSS earth station to geographic protection areas around provide feeder-link service to DBS each NGSO MSS/Radiodetermination- Satellite Service feeder-link earth sta- space stations in the frequency band tion. 17.3–17.8 GHz, or to modify any such (k) An applicant for operation of an station currently authorized except earth station, other than an ESV, where the modification is for a new VMES or an ESAA, that will operate station within one kilometer of a cur- with a geostationary satellite or non- rently-licensed earth station and modi- geostationary satellite in a shared fre- fication will not increase the aggregate quency band in which the non-geo- pfd, measured at any point 3–10 meters stationary system is (or is proposed to above the ground, above that generated be) licensed for feeder links, shall dem- by the current earth station, shall onstrate in its applications that its identify a coordination zone around its proposed earth station will not cause proposed new or modified earth station unacceptable interference to any other by the methodology outlined in Annex satellite network that is authorized to 3 of Appendix 7 of the ITU Radio Regu- operate in the same frequency band, or lations, using the following values for certify that the operations of its earth the parameters in Table 9b of Annex 7 station shall conform to established co- of Appendix 7:

Space service des- Fixed-satellite ignation in which the transmitting earth station operates.

Frequency bands 17.3–17.8 (GHz).

Space service des- Broadcasting-satellite ignation in which the receiving earth station operates.

Orbit ...... GSO

Modulation at receiv- N (digital) ing earth station.

Receiving earth station interference parameters and criteria: p0 (%) ...... 0.015

n ...... 2

p (%) ...... 0.015

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NL(dB) ...... 1

Ms (dB) ...... In the area specified In the area specified In the area specified in 47 CFR in 47 CFR in 47 CFR § 25.209(w)(1) and § 25.209(w)(2). § 25.209(w)(3). (4). 4.8 ...... 3.0 ...... 1.8.

W (dB) ...... 4

Receiving earth station parameters: Gm (dBi) ...... 36

Gr ...... 0

εmin ...... 20°

Te (K) ...... 150

Reference bandwidth: B (Hz) ...... 106

Permissible inter- ¥146.8 ...... ¥149.8 ...... ¥152.8. ference power: Pr(p) (dBW) in B

(2) Each applicant for such new or (xi) Maximum available RF transmit modified feeder-link earth station shall power density in any 1 MHz band at the provide the following information to a input terminals of the antenna(s); third-party coordinator of its choice (xii) A plot of the coordination dis- for use in coordination required by this tance contour(s) and rain scatter co- paragraph: ordination distance contour(s) as deter- (i) The geographical coordinates of mined by Table 2 of Section 3 to Appen- the proposed earth station antenna(s); dix 7 of the ITU Radio Regulations. (ii) Proposed operating frequency (3) Each applicant for such new or band(s) and emission(s); modified feeder-link earth stations (iii) Antenna diameter (meters); shall file with its application memo- (iv) Antenna center height above randa of coordination with each li- ground and ground elevation above censee authorized to construct BSS receive earth stations within the coordi- mean sea level; nation zone. (v) Antenna gain pattern(s) in the (n) From December 5, 2021 until De- plane of the main beam; cember 5, 2030, consolidated telemetry, (vi) Longitude range of geostationary tracking, and control (TT&C) oper- satellite orbit (GSO) satellites at ations at no more than four locations which an antenna may be pointed; may be authorized on a primary basis (vii) Horizon elevation plot; to support space station operations, (viii) Antenna horizon gain plot(s) de- and no other TT&C operations shall be termined in accordance with the proce- entitled to interference protection in dure in Section 2.1 of Annex 5 to Ap- the 3.7–4.0 GHz band. pendix 7 of the ITU Radio Regulations; (ix) Minimum elevation angle; [30 FR 7176, May 28, 1965] (x) Maximum equivalent EDITORIAL NOTE: For FEDERAL REGISTER ci- isotropically radiated power (e.i.r.p.) tations affecting § 25.203, see the List of CFR density in the main beam in any 1 MHz Sections Affected, which appears in the Finding Aids section of the printed volume band; and at www.govinfo.gov.

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§ 25.204 Power limits for earth sta- while minimizing interference between tions. networks. (a) In bands shared coequally with (1) Except when paragraphs (e)(2) terrestrial radio communication serv- through (e)(3) of this section apply, ices, the equivalent isotropically radi- transmissions from FSS earth stations ated power transmitted in any direc- in frequencies above 10 GHz may exceed tion towards the horizon by an earth the uplink EIRP and EIRP density lim- station, other than an ESV, operating its specified in the station authoriza- in frequency bands between 1 and 15 tion under conditions of uplink fading GHz, shall not exceed the following due to precipitation by an amount not limits except as provided for in para- to exceed 1 dB above the actual amount graph (c) of this section: of monitored excess attenuation over clear sky propagation conditions. EIRP + 40 dBW in any 4 kHz band for q ≤0° + 40 + 3q dBW in any 4 kHz band for 0° levels must be returned to normal as

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14 GHz band must have a minimum an- § 25.208 Power flux-density limits. tenna diameter of 4.5 m, and the EIRP (a) In the band 3650–4200 MHz, the of any emission in that band should be power flux density at the Earth’s sur- at least 68 dBW and should not exceed face produced by emissions from a 85 dBW. space station for all conditions and for (g) [Reserved] all methods of modulation shall not ex- [48 FR 40255, Sept. 6, 1983, as amended at 58 ceed the following values: FR 13420, Mar. 11, 1993; 61 FR 52307, Oct. 7, ¥152 dB(W/m2) in any 4 kHz band for angles 1996; 62 FR 61457, Nov. 18, 1997; 66 FR 10623, of arrival between 0 and 5 degrees above Feb. 16, 2001; 70 FR 4784, Jan. 31, 2005; 70 FR the horizontal plane; 32255, June 2, 2005; 72 FR 50029, Aug. 29, 2007; ¥152 + (d¥5)/2 dB(W/m2) in any 4 kHz band 74 FR 57098, Nov. 4, 2009; 78 FR 8427, Feb. 6, for angles of arrival d (in degrees) between 2013; 78 FR 14927, Mar. 8, 2013; 79 FR 8322, Feb. 5 and 25 degrees above the horizontal 12, 2004; 81 FR 55336, Aug. 18, 2016; 83 FR 34491, plane; and July 20, 2018; 84 FR 53655, Oct. 8, 2019] ¥142 dB(W/m2) in any 4 kHz band for angles of arrival between 25 and 90 degrees above § 25.205 Minimum antenna elevation the horizontal plane angle. These limits relate to the power flux (a) Earth station antennas must not density which would be obtained under transmit at elevation angles less than assumed free-space propagation condi- five degrees, measured from the hori- tions. zontal plane to the direction of max- (b) In the bands 10.95–11.2 and 11.45– imum radiation, in a frequency band 11.7 GHz for GSO FSS space stations shared with terrestrial radio services and 10.7–11.7 GHz for NGSO FSS space or in a frequency band with an alloca- stations, the power flux-density at the tion to space services operating in both Earth’s surface produced by emissions the Earth-to-space and space-to-Earth from a space station for all conditions directions. In other bands, earth sta- and for all methods of modulation shall tion antennas must not transmit at not exceed the lower of the following elevation angles less than three de- values: grees. In some instances, it may be (1) ¥150 dB(W/m2) in any 4 kHz band necessary to specify greater minimum for angles of arrival between 0 and 5 de- ¥ elevation angles because of inter- grees above the horizontal plane; 150 ¥ 2 ference considerations. + (d 5)/2 dB(W/m ) in any 4 kHz band for angles of arrival ( ) (in degrees) be- (b) ESAAs in aircraft on the ground d tween 5 and 25 degrees above the hori- must not transmit at elevation angles zontal plane; and ¥140 dB(W/m2) in any less than three degrees. There is no 4 kHz band for angles of arrival be- minimum angle of antenna elevation tween 25 and 90 degrees above the hori- for ESAAs while airborne. zontal plane; or [81 FR 55336, Aug. 18, 2016] (2) ¥126 dB(W/m2) in any 1 MHz band for angles of arrival between 0 and 5 de- § 25.206 Station identification. grees above the horizontal plane; ¥126 ¥ 2 The requirement to transmit station + (d 5)/2 dB(W/m ) in any 1 MHz band for angles of arrival ( ) (in degrees) be- identification is waived for all radio d tween 5 and 25 degrees above the hori- stations licensed under this part with zontal plane; and ¥116 dB(W/m2) in any the exception of earth stations subject 1 MHz band for angles of arrival be- to the requirements of § 25.281. tween 25 and 90 degrees above the hori- [79 FR 8322, Feb. 12, 2014] zontal plane.

NOTE TO PARAGRAPH (b): These limits relate § 25.207 Cessation of emissions. to the power flux density, which would be ob- Space stations shall be made capable tained under assumed free-space propagation of ceasing radio emissions by the use of conditions. appropriate devices (battery life, tim- (c) For a GSO space station in the ing devices, ground command, etc.) 17.7–19.7 GHz, 22.55–23.55 GHz, or 24.45– that will ensure definite cessation of 24.75 GHz bands, or for an NGSO space emissions. station in the 22.55–23.55 GHz or 24.45–

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24.75 GHz bands, the PFD at the Earth’s surface by emissions from a Earth’s surface produced by emissions space station under assumed free-space for all conditions and for all methods propagation conditions shall not ex- of modulation must not exceed the fol- ceed ¥95 dB (W/m2) for all angles of ar- lowing values: rival. This limit may be exceeded by up (1) ¥115 dB (W/m2) in any 1 MHz band to 3 dB for no more than 5% of the for angles of arrival between 0 and 5 de- time. grees above the horizontal plane. (e)–(m) [Reserved] (2) ¥115 + 0.5 (d-5) dB (W/m2) in any 1 MHz band for angles of arrival d (in de- (n) The power-flux density at the grees) between 5 and 25 degrees above Earth’s surface produced by emissions the horizontal plane. from a space station in the Fixed-Sat- (3) ¥105 dB (W/m2) in any 1 MHz band ellite Service (space-to-Earth), for all for angles of arrival between 25 and 90 conditions and for all methods of mod- degrees above the horizontal plane. ulation, shall not exceed the limits (d) In addition to the limits specified given in Table N. These limits relate to in paragraph (c) of this section, the the power flux-density which would be power flux-density across the 200 MHz obtained under assumed free-space con- band 18.6–18.8 GHz produced at the ditions.

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

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

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

(o) In the band 12.2–12.7 GHz, for ¥115 dB(W/m2) in any 1 MHz band for NGSO FSS space stations, the specified angles of arrival between 0 and 5 de- low-angle power flux-density at the grees above the horizontal plane; Earth’s surface produced by emissions ¥115 + 0.5(¥5) dB(W/m2) in any 1 MHz from a space station shall not be ex- band for angles of arrival between 5 ceeded into an operational MVDDS re- and 25 degrees above the horizontal ceiver: plane; ¥ 2 (1) ¥158 dB(W/m2) in any 4 kHz band 105 dB(W/m ) in any 1 MHz band for for angles of arrival between 0 and 2 de- angles of arrival between 25 and 90 degrees above the horizontal plane. grees above the horizontal plane; and These limits relate to the power flux- ¥ ¥ 2 (2) 158 + 3.33(d 2) dB(W/m ) in any 4 density which would be obtained under kHz band for angles of arrival (d) (in assumed free-space propagation condi- degrees) between 2 and 5 degrees above tions. the horizontal plane. (q) In the band 37.5–40.0 GHz, the NOTE TO PARAGRAPH (o): These limits relate power flux-density at the Earth’s sur- to the power flux density, which would be ob- face produced by emissions from a geo- tained under assumed free-space propagation stationary space station for all meth- conditions. ods of modulation shall not exceed the following values. (p) The power flux-density at the (1) This limit relates to the power Earth’s surface produced by emissions flux-density which would be obtained from a space station in either the under assumed free space conditions Earth exploration-satellite service in (that is, when no allowance is made for the band 25.5–27 GHz or the inter-sat- propogation impairments such as rain- ellite service in the band 25.25–27.5 GHz fade): for all conditions and for all methods ¥139 dB(W/m2) in any 1 MHz band for of modulation shall not exceed the fol- angles of arrival between 0 and 5 de- lowing values: grees above the horizontal plane;

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¥139 + 4/3 (d¥5) dB(W/m2) in any 1 grees) between 5 and 25 degrees above MHz band for angles of arrival d (in de- the horizontal plane; and grees) between 5 and 20 degrees above ¥117 dB(W/m2) in any 1 MHz band for the horizontal plane; and angles of arrival between 25 and 90 de- ¥119 + 0.4 (d¥20) dB(W/m2) in any 1 grees above the horizontal plane; MHz band for angles of arrival d (in de- (2) This limit relates to the max- grees) between 20 and 25 degrees above imum power flux-density which would the horizontal plane; be obtained anywhere on the surface of ¥ 2 117 dB(W/m ) in any 1 MHz band for the Earth during periods when FSS angles of arrival between 25 and 90 de- system raises power to compensate for grees above the horizontal plane; rain-fade conditions at the FSS Earth (2) This limit relates to the max- station: imum power flux-density which would ¥ 2 be obtained anywhere on the surface of 120 dB(W/m ) in any 1 MHz band for the Earth during periods when FSS angles of arrival between 0 and 5 de- system raises power to compensate for grees above the horizontal plane; rain-fade conditions at the FSS Earth ¥120 + 0.75 (d¥5) dB(W/m2) in any 1 station: MHz band for angles of arrival d (in de- ¥127 dB(W/m2) in any 1 MHz band for grees) between 5 and 25 degrees above angles of arrival between 0 and 5 de- the horizontal plane; and grees above the horizontal plane; ¥105 dB(W/m2) in any 1 MHz band for ¥127 + 4/3 (d¥5) dB(W/m2) in any 1 angles of arrival between 25 and 90 de- MHz band for angles of arrival d (in degrees above the horizontal plane. grees) between 5 and 20 degrees above the horizontal plane; and NOTE TO PARAGRAPH (r): The conditions under which satellites may exceed these ¥107 + 0.4 ( ¥20) dB(W/m2) in any 1 d power flux-density limits for normal free MHz band for angles of arrival d (in de- space propagation described in paragraph grees) between 20 and 25 degrees above (q)(1) to compensate for the effects of rain the horizontal plane; fading are under study and have therefore ¥105 dB(W/m2) in any 1 MHz band for not yet been defined. Such conditions and angles of arrival between 25 and 90 de- the extent to which these limits can be ex- grees above the horizontal plane. ceeded will be the subject of a further rulemaking by the Commission on the satellite NOTE TO PARAGRAPH (q): The conditions service rules. under which satellites may exceed the power flux-density limits for normal free space (s) In the 40.0–40.5 GHz band, the propagation described in paragraph (p)(1) to power flux density at the Earth’s sur- compensate for the effects of rain fading are face produced by emissions from a under study and have therefore not yet been defined. Such conditions and the extent to space station for all conditions and for which these limits can be exceeded will be all methods of modulation shall not ex- the subject of a further rulemaking by the ceed the following values: Commission on the satellite service rules. ¥115 dB(W/m2) in any 1 MHz band for (r) In the band 37.5–40.0 GHz, the angles of arrival between 0 and 5 de- power flux-density at the Earth’s sur- grees above the horizontal plane; face produced by emissions from a non- ¥115 + 0.5 (d¥5) dB(W/m2) in any 1 geostationary space station for all MHz band for angles of arrival d (in de- methods of modulation shall not ex- grees) between 5 and 25 degrees above ceed the following values: the horizontal plane; and (1) This limit relates to the power ¥105 dB(W/m2) in any 1 MHz band for flux-density which would be obtained angles of arrival between 25 and 90 de- under assumed free space conditions grees above the horizontal plane; (that is, when no allowance is made for propogation impairments such as rain- NOTE TO PARAGRAPH (s): These limits relate fade): to the power flux-density that would be obtained under assumed free-space propagation ¥ 2 132 dB(W/m ) in any 1 MHz band for conditions. angles of arrival between 0 and 5 degrees above the horizontal plane; (t) In the band 40.5–42.0 GHz, the ¥132 + 0.75 (d¥5) dB(W/m2) in any 1 power flux density at the Earth’s sur- MHz band for angles of arrival d (in de- face produced by emissions from a non- 227

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geostationary space station for all con- ¥131 dB (W/m∧2) in 4 kHz and for all ditions and for all methods of modula- angles of arrival between 25 and 90 de- tion shall not exceed the following val- grees above the horizontal plane. ues: (2) ¥126 dB (W/m∧2) in 1 MHz for all ¥115 dB(W/m2) in any 1 MHz band for angles of arrival between 0 and 5 de- angles of arrival between 0 and 5 degrees above the horizontal plane; ¥126 grees above the horizontal plane; dB (W/m∧2) + 0.65(d ¥5) in 1 MHz for all ¥115 + 0.5 (d¥5) dB(W/m2) in any 1 angles of arrival between 5 and 25 de- MHz band for angles of arrival d (in degrees above the horizontal plane; and grees) between 5 and 25 degrees above ¥113 dB (W/m∧2) in 1 MHz and for all the horizontal plane; and angles of arrival between 25 and 90 de- ¥105 dB(W/m2) in any 1 MHz band for grees above the horizontal plane. angles of arrival between 25 and 90 de- (w) The power flux density at the grees above the horizontal plane; Earth’s surface produced by emissions from a 17/24 GHz BSS space station op- NOTE TO PARAGRAPH (t): These limits relate to the power flux density that would be ob- erating in the 17.3–17.7 GHz band for all tained under assumed free-space propagation conditions and all methods of modula- conditions. tion must not exceed the regional power flux density levels prescribed in (u) In the band 40.5–42.0 GHz, the paragraphs (w)(1) through (4) of this power flux-density at the Earth’s sur- section. face produced by emissions from a geo- (1) In the region of the contiguous stationary space station for all condi- United States, located south of 38° tions and for all methods of modula- North Latitude and east of 100 West tion shall not exceed the following val- Longitude: ¥115 dBW/m2/MHz. ues: (2) In the region of the contiguous ¥ 2 120 dB(W/m ) in any 1 MHz band for United States, located north of 38° angles of arrival between 0 and 5 de- North Latitude and east of 100° West grees above the horizontal plane; Longitude: ¥118 dBW/m2/MHz. ¥ ¥ 2 120 + (d 5) dB(W/m ) in any 1 MHz (3) In the region of the contiguous band for angles of arrival d (in degrees) United States, located west of 100 West between 5 and 15 degrees above the hor- Longitude: ¥121 dBW/m2/MHz. izontal plane; (4) For all regions outside of the con- ¥ ¥ 2 110 + 0.5 (d 15) dB(W/m ) in any 1 tiguous United States including Alaska MHz band for angles of arrival d (in de- and Hawaii: ¥115 dBW/m2/MHz. grees) between 15 and 25 degrees above the horizontal plane; and NOTE TO PARAGRAPH (w): These limits per- ¥105 dB(W/m2) in any 1 MHz band for tain to the power flux-density that would be angles of arrival between 25 and 90 de- obtained under assumed free-space propagation conditions. grees above the horizontal plane; [48 FR 40255, Sept. 6, 1983] NOTE TO PARAGRAPH (u): These limits relate to the power flux-density that would be EDITORIAL NOTE: For FEDERAL REGISTER ci- obtained under assumed free-space propaga- tations affecting § 25.208, see the List of CFR tion conditions. Sections Affected, which appears in the Finding Aids section of the printed volume (v) In the band 2496–2500 MHz, the and at www.govinfo.gov. power flux-density at the Earth’s surface produced by emissions from non- § 25.209 Earth station antenna per- geostationary space stations for all formance standards. conditions and all methods of modula- (a) Except as provided in paragraph tion shall not exceed the following val- (f) of this section, the co-polarization ues (these values are obtained under gain of any earth station antenna oper- assumed free-space propagation condi- ating in the FSS and transmitting to a tions): GSO satellite, including earth stations (1) ¥144 dB (W/m∧2) in 4 kHz for all providing feeder links for satellite angles of arrival between 0 and 5 de- services other than FSS, may not ex- grees above the horizontal plane; ¥144 ceed the following limits: dB (W/m∧2) + 0.65(d ¥5) in 4 kHz for all (1) In the plane tangent to the GSO angles of arrival between 5 and 25 de- arc, as defined in § 25.103, for earth sta- grees above the horizontal plane; and tions not operating in the conventional

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Ku-band, the 24.75–25.25 GHz band, or the 28.35–30 GHz band:

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

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

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

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

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

Where q and dBi are as defined in para- (4) In the plane perpendicular to the graph (a)(1) of this section. This enve- GSO arc, as defined in § 25.103, for earth lope may be exceeded by up to 3 dB in stations not operating in the conven- 10% of the range of q angles from ±7– tional Ku-band, the 24.75–25.25 GHz 180°, and by up to 6 dB in the region of band, or the 28.35–30 GHz band: main reflector spillover energy. Outside the main beam, the gain of the antenna shall lie below the envelope defined by:

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

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

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

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

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

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

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

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

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

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

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

Where q and dBi are as defined in para- is not entitled to protection from in- graph (a)(1) of this section. terference from authorized operation of (c)(1) An earth station licensed for other stations that would not cause operation with a GSO FSS space sta- harmful interference to that earth station or registered for reception of tion if it were using an antenna with transmissions from such a space sta- receive-band gain patterns conforming tion pursuant to § 25.115(b)(1) and (b)(3)

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to the levels specified in paragraphs (a) skew angle experienced at any location and (b) of this section. at which the earth station may be lo- (2) A 17/24 GHz BSS telemetry earth cated. station is not entitled to protection (f) A GSO FSS earth station with an from harmful interference from au- antenna that does not conform to the thorized space station operation that applicable standards in paragraphs (a) would not cause harmful interference and (b) of this section will be author- to that earth station if it were using an ized only if the applicant demonstrates antenna with receive-band gain pat- that the antenna will not cause unac- terns conforming to the levels specified ceptable interference. This demonstra- in paragraphs (a) and (b) of this section must show that the transmissions tion. Receive-only earth stations in the of the earth station comport with the 17/24 GHz BSS are entitled to protection from harmful interference caused requirements in § 25.218 or the appli- by other space stations to the extent cant must demonstrate that the oper- indicated in § 25.224. ations of the earth station have been (d) [Reserved] coordinated under § 25.220. (e) An earth station using asymmet- (g) [Reserved] rical antennas without skew angle ad- (h) The gain of any transmitting an- justment capability must comply with tenna in a gateway earth station com- the gain values specified in paragraph municating with NGSO FSS satellites (a)(1) of this section, in the plane or- in the 10.7–11.7 GHz, 12.75–13.15 GHz, thogonal to the to the main plane of 13.2125–13.25 GHz, 13.8–14.0 GHz, and/or the antenna, or, alternatively, in the 14.4–14.5 GHz bands must lie below the plane corresponding to the maximum envelope defined as follows:

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

Where q and dBi are as defined in para- assigned frequency band is at least 27 graph (a)(1) of this section. This enve- dB within the primary coverage area. lope may be exceeded by up to 3 dB in (d)–(e) [Reserved] 10% of the range of q angles from ±7– (f) All space stations in the Fixed- 180°. Satellite Service operating in any por- [48 FR 40255, Sept. 6, 1983, as amended at 50 tion of the 3600–4200 MHz, 5091–5250 FR 2675, Jan. 18, 1985; 50 FR 39004, Sept. 26, MHz, 5850–7025 MHz, 10.7–12.7 GHz, 12.75– 1985; 58 FR 13420, Mar. 11, 1993; 66 FR 10630, 13.25 GHz, 13.75–14.5 GHz, 15.43–15.63 Feb. 16, 2001; 70 FR 32255, June 2, 2005; 72 FR GHz, 18.3–20.2 GHz, 24.75–25.25 GHz, or 50029, Aug. 29, 2007; 73 FR 70901, Nov. 24, 2008; 27.5–30.0 GHz bands, including feeder 74 FR 57099, Nov. 4, 2009; 78 FR 8427, Feb. 6, links for other space services, and in 2013; 78 FR 14927, Mar. 8, 2013; 79 FR 8322, Feb. the Broadcasting-Satellite Service in 12, 2014; 81 FR 55336, Aug. 18, 2016; 83 FR 34491, July 20, 2018; 84 FR 53655, Oct. 8, 2019; 85 FR the 17.3–17.8 GHz band (space-to-Earth), 44787, July 24, 2020] shall employ state-of-the-art full frequency reuse, either through the use of § 25.210 Technical requirements for orthogonal polarizations within the space stations. same beam and/or the use of spatially (a)–(b) [Reserved] independent beams. This requirement (c) Space station antennas operating does not apply to telemetry, tracking, in the Direct Broadcast Satellite Serv- and command operation. ice or operating in the Fixed-Satellite (g)–(h) [Reserved] Service for reception of feeder links for (i) 17/24 GHz BSS space station anten- Direct Broadcast Satellite Service nas transmitting in the 17.3–17.8 GHz must be designed to provide a cross-po- band must be designed to provide a larization isolation such that the ratio cross-polarization isolation such that of the on-axis co-polar gain to the the ratio of the on axis co-polar gain to cross-polar gain of the antenna in the the cross-polar gain of the antenna in

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the assigned frequency band is at least not required to make subsequent video 25 dB within its primary coverage area. test transmissions if subsequent trans- (j) Space stations operated in the missions are conducted using exactly geostationary satellite orbit must be the same parameters as the initial maintained within 0.05° of their as- transmission. signed orbital longitude in the east/ (d) An earth station may be routinely west direction, unless specifically au- licensed for transmission of full-trans- thorized by the Commission to operate ponder analog video services in the with a different longitudinal tolerance, 5925–6425 MHz band or 14.0–14.5 GHz and except as provided in Section band provided: 25.283(b) (End-of-life Disposal). (1) The application includes certifi- [58 FR 13420, Mar. 11, 1993, as amended at 61 cation, pursuant to § 25.132(a)(1), of con- FR 9952, Mar. 12, 1996; 62 FR 5931, Feb. 10, formance with the antenna perform- 1997; 62 FR 61457, Nov. 18, 1997; 68 FR 51508, ance standards in § 25.209(a) and (b); Aug. 27, 2003; 69 FR 54587, Sept. 9, 2004; 70 FR (2) For transmission in the 5925–6425 32256, June 2, 2005; 72 FR 50029, Aug. 29, 2007; MHz band, the input power into the an- 78 FR 8428, Feb. 6, 2013; 79 FR 8323, Feb. 12, tenna will not exceed 26.5 dBW; or 2014; 81 FR 55338, Aug. 18, 2016; 83 FR 34491, July 20, 2018] (3) For transmission in the 14.0–14.5 GHz band, the input power into the an- § 25.211 Analog video transmissions in tenna will not exceed 27 dBW. the FSS. (e) Applications for authority for (a) [Reserved] analog video uplink transmission in (b) All conventional C-band analog the 5925–6425 MHz or 14.0–14.5 GHz video transmissions must contain an bands that are not eligible for routine energy dispersal signal at all times processing under paragraph (d) of this with a minimum peak-to-peak band- section are subject to the requirements width set at whatever value is nec- of § 25.220. essary to meet the power flux density [58 FR 13421, Mar. 11, 1993, as amended at 61 limits specified in § 25.208(a) and suc- FR 9952, Mar. 12, 1996; 62 FR 5931, Feb. 10, cessfully coordinated internationally 1997; 70 FR 32256, June 2, 2005; 78 FR 8428, and accepted by adjacent U.S. satellite Feb. 6, 2013; 79 FR 8323, Feb. 12, 2014; 81 FR operators based on the use of state of 55338, Aug. 18, 2016] the art space and earth station facilities. All transmissions in frequency § 25.212 Narrowband analog trans- bands described in § 25.208(b) and (c) missions and digital transmissions in the GSO FSS. must also contain an energy dispersal signal at all times with a minimum (a) Except as otherwise provided by peak-to-peak bandwidth set at what- this part, criteria for unacceptable lev- ever value is necessary to meet the els of interference caused by other sat- power flux density limits specified in ellite networks shall be established on § 25.208(b) and (c) and successfully co- the basis of nominal operating condi- ordinated internationally and accepted tions and with the objective of mini- by adjacent U.S. satellite operators mizing orbital separations between sat- based on the use of state of the art ellites. space and earth station facilities. (b) Emissions with an occupied band- (c) All initial analog video trans- width of less than 2 MHz are not pro- missions shall be preceded by a video tected from interference from wider test transmission at an uplink e.i.r.p. bandwidth transmissions if the r.f. car- at least 10 dB below the normal oper- rier frequency of the narrowband signal ating level. The earth station operator is within ±1 MHz of one of the fre- shall not increase power until receiving quencies specified in § 25.211(a). notification from the satellite network (c)(1) An earth station, other than an control center that the frequency and ESIM, may be routinely licensed for polarization alignment are satisfactory analog transmissions in the conven- pursuant to the procedures specified in tional Ku-band or the extended Ku- § 25.272. The stationary earth station band with bandwidths up to 200 kHz (or operator that has successfully trans- up to 1 MHz for command carriers at mitted an initial video test signal to a the band edge) if the input power spec- satellite pursuant to this paragraph is tral density into the antenna will not

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exceed ¥8 dBW/4 kHz, and the applica- in shared frequencies to the same tar- tion includes certification pursuant to get satellite receiving beam may be § 25.132(a)(1) of conformance with the routinely processed if the applicant antenna gain performance require- certifies that the aggregate off-axis ments in § 25.209(a) and (b). EIRP density from all co-frequency (2) An earth station may be routinely earth stations transmitting simulta- licensed for digital transmission, in- neously to the same target satellite re- cluding digital video transmission, in ceiving beam, not resulting from col- the conventional Ku-band, or, except liding data bursts transmitted pursu- for an ESIM, in the extended Ku-band, ant to a contention protocol, will not if input power spectral density into the exceed the applicable off-axis EIRP antenna will not exceed ¥14 dBW/4 kHz density limits permissible for a single and the application includes certifi- earth station, as specified in § 25.218. cation pursuant to § 25.132(a)(1) of con- (h) Applications for authority for formance with the antenna gain per- fixed earth station operation in the formance requirements in § 25.209(a) conventional C-band, the extended C- and (b). band, the conventional Ku-band, the (d) An individual earth station may extended Ku-band or the conventional be routinely licensed for digital trans- Ka-band that do not qualify for routine mission in the conventional C-band or, processing under relevant criteria in except for an ESIM, in the extended C- this section, § 25.211, or § 25.218 are sub- band, if the applicant certifies con- ject to the requirements in § 25.220. formance with relevant antenna per- [58 FR 13421, Mar. 11, 1993, as amended at 62 formance standards in § 25.209(a) and FR 5931, Feb. 10, 1997; 62 FR 51378, Oct. 1, 1997; (b), and power density into the antenna 70 FR 32256, June 2, 2005; 70 FR 33376, June 8, will not exceed ¥2.7 dBW/4 kHz. An in- 2005; 72 FR 50030, Aug. 29, 2007; 73 FR 70902, dividual earth station, other than an Nov. 24, 2008; 78 FR 8428, Feb. 6, 2013; 79 FR ESIM, may be routinely licensed for 8323, Feb. 12, 2014; 81 FR 55338, Aug. 18, 2016; analog transmission with carrier 84 FR 53655, Oct. 8, 2019] bandwidths up to 200 kHz (or up to 1 § 25.213 Inter-Service coordination re- MHz for command carriers at the band quirements for the 1.6/2.4 GHz Mo- edge) in the conventional C-band or the bile-Satellite Service. extended C-band, if the applicant certifies conformance with relevant an- (a) Protection of the radio astronomy tenna performance standards in service in the 1610.6–1613.8 MHz band § 25.209(a) and (b), and power density against interference from 1.6/2.4 GHz into the antenna will not exceed +0.5 Mobile-Satellite Service systems. dBW/4 kHz. (1) Protection zones. All 1.6/2.4 GHz (e) An earth station may be routinely Mobile-Satellite Service systems shall licensed for digital transmission in the be capable of determining the position 28.35–28.6 GHz and/or 29.25–30.0 GHz of the user transceivers accessing the bands if the input power spectral den- space segment through either internal sity into the antenna will not exceed radiodetermination calculations or ex- 3.5 dBW/MHz and the application internal sources such as LORAN–C or the cludes certification pursuant to Global Positioning System. (i) In the band 1610.6–1613.8 MHz, § 25.132(a)(1) of conformance with the within a 160 km radius of the following antenna gain performance require- radio astronomy sites: ments in § 25.209(a) and (b). (f) In the 24.75–25.25 GHz band, an Observatory Latitude Longitude earth station that meets the antenna (DMS) (DMS) gain pattern requirements set forth in Arecibo, PR ...... 18 20 46 66 45 11 § 25.209(a) and (b) of this part may be Green Bank Telescope, WV ...... 38 25 59 79 50 24 routinely licensed if the maximum 38 26 09 79 49 42 Very Large Array, NM ...... 34 04 43 107 37 04 power density into the antenna does Owens Valley, CA ...... 37 13 54 118 17 36 not exceed 3.5 dBW/MHz. Ohio State, OH ...... 40 15 06 83 02 54 (g) A license application for earth station operation in a network using (ii) In the band 1610.6–1613.8 MHz, variable power density control of earth within a 50 km radius of the following stations transmitting simultaneously sites:

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(vi) The ESMU shall notify Mobile- Observatory Latitude Longitude (DMS) (DMS) Satellite Service space station licens- Pile Town, NM ...... 34 18 04 108 07 07 ees authorized to operate mobile earth Los Alamos, NM ...... 35 46 30 106 14 42 stations in the 1610.0–1626.5 MHz band Kitt Peak, AZ ...... 31 57 22 111 36 42 of periods of radio astronomy observa- Ft. Davis, TX ...... 30 38 06 103 56 39 tions. The Mobile-Satellite systems N. Liberty, IA ...... 41 46 17 91 34 26 Brewster, WA ...... 48 07 53 119 40 55 shall be capable of terminating oper- Owens Valley, CA ...... 37 13 54 118 16 34 ations within the frequency bands and St. Croix, VI ...... 17 45 31 64 35 03 protection zones specified in para- Mauna Kea, HI ...... 19 48 16 155 27 29 graphs (a)(1)(i) through (iv) of this sec- Hancock, NH ...... 42 56 01 71 59 12 tion, as applicable, after the first position fix of the mobile earth station ei- (iii) Out-of-band emissions of a mobile earth station licensed to operate ther prior to transmission or, based within the 1610.0–1626.5 MHz band shall upon its location within the protection be attenuated so that the power flux zone at the time of initial transmission density it produces in the 1610.6–1613.8 of the mobile earth station. Once the MHz band at any radio astronomy site Mobile-Satellite Service system deter- listed in paragraph (a)(1) (i) or (ii) of mines that a mobile earth station is lo- this section shall not exceed the emis- cated within an RAS protection zone, sions of a mobile earth station oper- the Mobile-Satellite Service system ating within the 1610.6–1613.8 MHz band shall immediately initiate procedures at the edge of the protection zone ap- to relocate the mobile earth station op- plicable for that site. As an alter- erations to a non-RAS frequency. native, a mobile earth station shall not (vii) A beacon-actuated protection operate during radio astronomy obser- zone may be used in lieu of fixed pro- vations within the 1613.8–1615.8 MHz tection zones in the 1610.6–1613.8 MHz band within 100 km of the radio astron- band if a coordination agreement is omy sites listed in paragraph (a)(1)(i) reached between a mobile-satellite sys- of this section, and within 30 km of the tem licensee and the ESMU on the spe- sites listed in paragraph (a)(1)(ii) of cifics of beacon operations. this section, there being no restriction (viii) Additional radio astronomy on a mobile earth station operating sites, not located within 100 miles of within the 1615.8–1626.5 MHz band. the 100 most populous urbanized areas (iv) For airborne mobile earth sta- as defined by the United States Census tions operating in the 1610.0–1626.5 MHz Bureau at the time, may be afforded band, the separation distance shall be similar protection one year after no- the larger of the distances specified in tice to the mobile-satellite system li- paragraph (a)(1) (i), (ii) or (iii) of this censees by issuance of a public notice section, as applicable, or the distance, by the Commission. d, as given by the formula: (2) Mobile-Satellite Service space d (km) = 4.1 square root of (h) stations transmitting in the 1613.8– 1626.5 MHz band shall take whatever where h is the altitude of the aircraft in me- steps necessary to avoid causing harm- ters above ground level. ful interference to the radio astronomy (v) Smaller geographic protection facilities listed in paragraphs (a)(1)(i) zones may be used in lieu of the areas and (ii) of this section during periods of specified in paragraphs (a)(1) (i), (ii), observation. (iii), and (iv) of this section if agreed to (3) Mobile-Satellite Service space by the Mobile-Satellite Service li- stations operating in the 2483.5–2500 censee and the Electromagnetic Spec- MHz frequency band shall limit spu- trum Management Unit (ESMU), Na- rious emission levels in the 4990–5000 tional Science Foundation, Wash- MHz band so as not to exceed ¥241 dB ington, D.C. upon a showing by the Mo- (W/m2/Hz) at the surface of the Earth. bile-Satellite Service licensee that the (4) The Radioastronomy Service shall operation of a mobile earth station will avoid scheduling radio astronomy ob- not cause harmful interference to a servations during peak MSS/RDSS radio astronomy observatory during traffic periods to the greatest extent periods of observation. practicable.

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(b) If a Mobile-Satellite Service space the licensee of the exclusive frequency station operator in the 2496–2500 MHz assignment; and band intends to operate at powers lev- (5) Feeder uplink networks are per- els that exceed the PFD limits in mitted in the following Fixed-Satellite § 25.208(v), or if actual operations rou- Service frequency bands: 7025–7075 MHz tinely exceed these PFD limits, we re- and 6725–7025 MHz (101° W.L. orbital lo- quire the Mobile-Satellite Service op- cation only). erator to receive approval from each (d) Power limit for SDARS terrestrial re- operational BRS system in the affected peaters. (1) SDARS terrestrial repeaters geographical region. must be operated at a power level less than or equal to 12-kW average EIRP, [59 FR 53329, Oct. 21, 1994, as amended at 61 with a maximum peak-to-average FR 9945, Mar. 12, 1996; 67 FR 61816, Oct. 2, power ratio of 13 dB. 2002; 71 FR 35188, June 19, 2006; 78 FR 8428, (2) SDARS repeaters are permitted to Feb. 6, 2013] operate at power levels above 12-kW average EIRP, unless a potentially af- § 25.214 Technical requirements for space stations in the Satellite Dig- fected WCS licensee provides written ital Audio Radio Service and associ- notice that it intends to commence ated terrestrial repeaters. commercial service within the following 365 days. Starting 180 days after (a) [Reserved] receipt of such written notice, SDARS (b) Each system authorized under repeaters within the area notified by this section will be conditioned upon the potentially affected WCS licensee construction, launch and operation must be operated at a power level less milestones as outlined in § 25.144(b). than or equal to 12-kW average EIRP, The failure to meet any of the mile- with a maximum peak-to-average stones contained in an authorization power ratio of 13 dB. will result in its cancellation, unless (3) For the purpose of this section, a such failure is due to circumstances be- WCS licensee is potentially affected if yond the licensee’s control or unless it is authorized to operate a base sta- otherwise determined by the Commis- tion in the 2305–2315 MHz or 2350–2360 sion upon proper showing by the li- MHz bands within 25 kilometers of a re- censee in any particular case. peater seeking to operate with a power (c) Frequency assignments will be level greater than that prescribed in made for each satellite DARS system paragraph (d)(1) of this section. as follows: [62 FR 11106, Mar. 11, 1997, as amended at 75 (1) Exclusive SDARS licenses are FR 45068, Aug. 2, 2010; 78 FR 8429, Feb. 6, 2013; limited to the 2320–2345 MHz segment of 78 FR 9619, Feb. 11, 2013; 79 FR 8323, Feb. 12, the 2310–2360 MHz allocated bandwidth 2014] for SDARS; (2) Two, 12.5 MHz frequency assign- § 25.215 [Reserved] ments are available for satellite DARS: § 25.216 Limits on emissions from mo- 2320.0–2332.5 MHz and 2332.5–2345.0 MHz; bile earth stations for protection of (3) Satellite DARS licensees may re- aeronautical radionavigation-sat- duce their assigned bandwidth occu- ellite service. pancy to provide telemetry beacons in (a) The e.i.r.p. density of emissions their exclusive frequency assignments; from mobile earth stations placed in (4) Each licensee may employ cross service on or before July 21, 2002 with polarization within its exclusive fre- assigned uplink frequencies between quency assignment and/or may employ 1610 MHz and 1660.5 MHz shall not ex- cross polarized transmissions in fre- ceed ¥70 dBW/MHz, averaged over any quency assignments of other satellite 2 millisecond active transmission in- DARS licensees under mutual agree- terval, in the band 1559–1587.42 MHz. ment with those licensees. Licensees The e.i.r.p. of discrete emissions of less who come to mutual agreement to use than 700 Hz bandwidth generated by cross-polarized transmissions shall such stations shall not exceed ¥80 apply to the Commission for approval dBW, averaged over any 2 millisecond of the agreement before coordination is active transmission interval, in that initiated with other administrations by band.

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(b) The e.i.r.p. density of emissions ellite radio-navigation systems. The from mobile earth stations placed in full-compliance deadline for grand- service on or before July 21, 2002 with fathered Inmarsat-B terminals is De- assigned uplink frequencies between cember 31, 2012. 1610 MHz and 1626.5 MHz shall not ex- (e) The e.i.r.p density of emissions ceed ¥64 dBW/MHz, averaged over any from mobile earth stations with as- 2 millisecond active transmission in- signed uplink frequencies between 1990 terval, in the band 1587.42–1605 MHz. MHz and 2025 MHz shall not exceed ¥70 The e.i.r.p. of discrete emissions of less dBW/MHz, averaged over any 2 milli- than 700 Hz bandwidth generated by second active transmission interval, in such stations shall not exceed ¥74 frequencies between 1559 MHz and 1610 dBW, averaged over any 2 millisecond MHz. The e.i.r.p. of discrete emissions active transmission interval, in the of less than 700 Hz bandwidth from such 1587.42–1605 MHz band. stations between 1559 MHz and 1605 (c) The e.i.r.p. density of emissions MHz shall not exceed ¥80 dBW, aver- from mobile earth stations placed in aged over any 2 millisecond active service after July 21, 2002 with assigned transmission interval. The e.i.r.p. of uplink frequencies between 1610 MHz discrete emissions of less than 700 Hz and 1660.5 MHz shall not exceed ¥70 bandwidth from such stations between dBW/MHz, averaged over any 2 milli- 1605 MHz and 1610 MHz manufactured second active transmission interval, in more than six months after FEDERAL the band 1559–1605 MHz. The e.i.r.p. of REGISTER publication of the rule discrete emissions of less than 700 Hz changes adopted in FCC 03–283 shall not bandwidth from such stations shall not exceed ¥80 dBW, averaged over any 2 exceed ¥80 dBW, averaged over any 2 millisecond active transmission inter- millisecond active transmission interval. val, in the 1559–1605 MHz band. (f) Mobile earth stations placed in (d) As of January 1, 2005, the e.i.r.p. service after July 21, 2002 with assigned density of emissions from mobile earth uplink frequencies in the 1610–1660.5 stations placed in service on or before MHz band shall suppress the power den- July 21, 2002 with assigned uplink fre- sity of emissions in the 1605–1610 MHz quencies between 1610 MHz and 1660.5 band to an extent determined by linear MHz (except Standard A and B interpolation from ¥70 dBW/MHz at Inmarsat terminals used as Global 1605 MHz to ¥10 dBW/MHz at 1610 MHz. Maritime Distress and Safety System (g) Mobile earth stations manufac- ship earth stations) shall not exceed tured more than six months after FED- ¥70dBW/MHz, averaged over any 2 mil- ERAL REGISTER publication of the rule lisecond active transmission interval, changes adopted in FCC 03–283 with as- in the 1559–1605 MHz band. The e.i.r.p. signed uplink frequencies in the 1610– of discrete emissions of less than 700 Hz 1626.5 MHz band shall suppress the bandwidth from such stations shall not power density of emissions in the 1605– exceed ¥80 dBW, averaged over any 2 1610 MHz band-segment to an extent millisecond active transmission inter- determined by linear interpolation val, in the 1559–1605 MHz band. Stand- from ¥70 dBW/MHz at 1605 MHz to ¥10 ard A Inmarsat terminals used as Glob- dBW/MHz at 1610 MHz averaged over al Maritime Distress and Safety Sys- any 2 millisecond active transmission tem ship earth stations that do not interval. The e.i.r.p of discrete emis- meet the e.i.r.p. density limits speci- sions of less than 700 Hz bandwidth fied in this paragraph may continue op- from such stations shall not exceed a eration until December 31, 2007. level determined by linear interpola- Inmarsat-B terminals manufactured tion from ¥80 dBW at 1605 MHz to ¥20 more than six months after FEDERAL dBW at 1610 MHz, averaged over any 2 REGISTER publication of the rule millisecond active transmission inter- changes adopted in FCC 03–283 must val. meet these limits. Inmarsat B termi- (h) Mobile earth stations manufac- nals manufactured before then are tem- tured more than six months after FED- porarily grandfathered under the con- ERAL REGISTER publication of the rule dition that no interference is caused by changes adopted in FCC 03–283 with as- these terminals to aeronautical sat- signed uplink frequencies in the 1626.5–

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1660.5 MHz band shall suppress the tion, the Commission will coordinate power density of emissions in the 1605– with the National Telecommunications 1610 MHz band-segment to an extent and Information Administration determined by linear interpolation (NTIA) regarding the operations of any from ¥70 dBW/MHz at 1605 MHz to ¥46 licensees authorized to operate in a dBW/MHz at 1610 MHz, averaged over shared government/non-government any 2 millisecond active transmission frequency band, pursuant to the proce- interval. The e.i.r.p of discrete emis- dure set forth in § 25.142(b)(2)(ii). sions of less than 700 Hz bandwidth (3) Mobile earth station licensees au- from such stations shall not exceed a thorized to operate with one or more level determined by linear interpola- space stations subject to paragraph tion from ¥80 dBW at 1605 MHz to ¥56 (b)(1) of this section must comply with dBW at 1610 MHz, averaged over any 2 the requirements in §§ 25.285 and 25.287, millisecond active transmission inter- notwithstanding the frequency bands val. specified in those sections. In addition, (i) The e.i.r.p density of carrier-off earth station licensees authorized to state emissions from mobile earth sta- operate with one or more space stations manufactured more than six tions described in paragraph (b)(1) of months after FEDERAL REGISTER publi- this section in frequency bands shared cation of the rule changes adopted in with terrestrial wireless services shall FCC 03–283 with assigned uplink fre- comply with the requirements in quencies between 1 and 3 GHz shall not § 25.203(c). exceed ¥80 dBW/MHz in the 1559–1610 (4) For all small satellite licensees, MHz band averaged over any two milli- for which the application was filed pur- second interval. suant to § 25.122 or § 25.123, authorizing (j) A Root-Mean-Square detector operations in a frequency band for shall be used for all power density which the Commission has not adopted measurements. frequency-band specific service rules at [69 FR 5710, Feb. 6, 2004, as amended at 70 FR the time the license is granted, the li- 19318, Apr. 13, 2005] censee will not be required to comply with the technical requirements speci- § 25.217 Default service rules. fied in this section. (a) The technical rules in this section (c)(1) For all GSO-like satellite li- apply only to licenses to operate a sat- censes for which the application was ellite system in a frequency band filed pursuant to the procedures set granted after a domestic frequency al- forth in § 25.158 after August 27, 2003, location has been adopted for that fre- authorizing operations in a frequency quency band, but before any frequency- band for which the Commission has not band-specific service rules have been adopted frequency band-specific service adopted for that frequency band. rules at the time the license is granted, (b)(1) For all NGSO-like satellite li- the licensee will be required to comply censes, except as specified in paragraph with the following technical require- (b)(4) of this section, for which the ap- ments, notwithstanding the frequency plication was filed pursuant to the pro- bands specified in these rule provisions: cedures set forth in § 25.157 after Au- §§ 25.143(b)(2)(iv), 25.204(e), and 25.210(f), gust 27, 2003, authorizing operations in (i), and (j). a frequency band for which the Com- (2) In addition to the requirements mission has not adopted frequency set forth in paragraph (c)(1) of this sec- band-specific service rules at the time tion, the Commission will coordinate the license is granted, the licensee will with the National Telecommunications be required to comply with the tech- and Information Administration nical requirements in paragraphs (b)(2) (NTIA) regarding the operations of any through (4) of this section, notwith- licensees authorized to operate in a standing the frequency bands specified shared government/non-government in these sections: §§ 25.143(b)(2)(ii) (ex- frequency band, pursuant to the proce- cept NGSO FSS systems) and (iii), dure set forth in § 25.142(b)(2)(ii). 25.204(e), and 25.210(f) and (i). (3) Earth station licensees authorized (2) In addition to the requirements to operate with one or more space sta- set forth in paragraph (b)(1) of this sections described in paragraph (c)(1) of

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this section shall comply with the otherwise specified by either Commis- earth station antenna performance sion or Bureau Order. verification requirements in § 25.132, [68 FR 51508, Aug. 27, 2003, as amended at 70 and the antenna gain pattern require- FR 59277, Oct. 12, 2005; 79 FR 8323, Feb. 12, ments in § 25.209(a) and (b). In addition, 2014; 82 FR 59986, Dec. 18, 2017; 85 FR 43735, earth station licensees authorized to July 20, 2020] operate with one or more space stations described in paragraph (c)(1) of § 25.218 Off-axis EIRP density envelopes for FSS earth stations trans- this paragraph in frequency bands mitting in certain frequency bands. shared with terrestrial wireless services shall comply with the require- (a) This section applies to applications for fixed and temporary-fixed ments in § 25.203(c). FSS earth stations transmitting to (4) In addition to the requirements geostationary space stations in the set forth in paragraph (c)(3) of this sec- conventional C-band, extended C-band, tion, earth station licensees with a conventional Ku-band, extended Ku- gain equivalent or higher than the gain band, conventional Ka-band, or 24.75– of a 1.2 meter antenna operating in the 25.25 GHz and applications for ESIMs 14.0–14.5 GHz band, authorized to oper- transmitting in the conventional C- ate with one or more space stations de- band, conventional Ku-band, or conven- scribed in paragraph (c)(1) of this para- tional Ka-band, except for applications graph in frequency bands greater than proposing transmission of analog com- 14.5 GHz shall be required to comply mand signals at a band edge with with the antenna input power density bandwidths greater than 1 MHz or requirements set forth in § 25.212(c). transmission of any other type of ana- (d) [Reserved] log signal with bandwidths greater (e) In the event that the Commission than 200 kHz. adopts frequency band-specific service (b) Earth station applications subject rules for a particular frequency band to this section may be routinely proc- after it has granted one or more space essed if they meet the applicable off- station or earth station licenses for op- axis EIRP density envelopes set forth in this section. erations in that frequency band, those (c) Analog earth station operation in licensees will be required to come into the conventional or extended C-bands. (1) compliance with the frequency band- For co-polarized transmissions in the specific service rules within 30 days of plane tangent to the GSO arc, as de- the effective date of those rules, unless fined in § 25.103:

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

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

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

Where q is as defined in paragraph dB in the region of main reflector spill- (c)(1) of this section. These EIRP den- over energy and in up to 10% of the sity levels may be exceeded by up to 6 range of q angles not included in that

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region, on each side of the line from (3) For cross-polarized transmissions the earth station to the target sat- in the plane tangent to the GSO arc ellite. and in the plane perpendicular to the GSO arc:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Where q is as defined in paragraph variable power density control of earth (c)(1) of this section. stations transmitting simultaneously (4) A license application for earth in shared frequencies to the same tar- station operation in a network using get satellite receiving beam may be

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routinely processed if the applicant exceed the off-axis EIRP density limits certifies that the aggregate off-axis permissible for a single earth station, EIRP density from all co-frequency as specified in paragraphs (f)(1) through earth stations transmitting simulta- -(f)(3) of this section. neously to the same target satellite re- (g) Analog earth station operation in ceiving beam, not resulting from col- the extended Ku-band. (1) For co-polar- liding data bursts transmitted pursu- ized transmissions in the plane tangent ant to a contention protocol, will not to the GSO arc:

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

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

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

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

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

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

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

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

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

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

where q is as defined in paragraph (c)(1) (2) For co-polarized transmissions in of this section. the plane perpendicular to the GSO arc:

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

where q is as defined in paragraph (c)(1) side of the line from the earth station of this section. to the target satellite. (3) The EIRP density levels specified (4) For cross-polarized transmissions in paragraphs (i)(1) and (2) of this sec- in the plane tangent to the GSO arc tion may be exceeded by up to 3 dB, for and in the plane perpendicular to the values of q > 7°, over 10% of the range GSO arc: of theta (q) angles from 7–180° on each

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

where q is as defined in paragraph (c)(1) stations transmitting simultaneously of this section. in shared frequencies to the same tar- (5) A license application for earth get satellite receiving beam may be station operation in a network using routinely processed if the applicant variable power density control of earth certifies that the aggregate off-axis

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EIRP density from all co-frequency (ii) A statement from the satellite earth stations transmitting simulta- operator that it has coordinated the neously to the same target satellite re- operation of the subject non-con- ceiving beam, not resulting from col- forming earth station accessing its sat- liding data bursts transmitted pursu- ellite(s), including its required ant to a contention protocol, will not downlink power density based on the exceed the off-axis EIRP density limits information contained in the applica- permissible for a single earth station, tion, with all adjacent satellite net- as specified in paragraphs (i)(1) through works within 6° of orbital separation (4) of this section. from its satellite(s), and the operations (j) Applications for authority for will operate in conformance with exist- fixed earth station operation in the ing coordination agreement for its sat- conventional C-band, extended C-band, ellite(s) with other satellite systems, conventional Ku-band, extended Ku- except as set forth in paragraph (d)(4) band, conventional Ka-band, or 24.75– of this section. 25.25 GHz that do not qualify for rou- (iii) A statement from the satellite tine processing under relevant criteria operator that it will include the sub- in this section, § 25.211, or § 25.212 are ject non-conforming earth station op- subject to the requirements in § 25.220. erations in all future satellite network coordinations, and [81 FR 55339, Aug. 18, 2016, as amended at 84 FR 53656, Oct. 8, 2019; 85 FR 44787, July 24, (iv) A statement from the earth sta- 2020] tion applicant certifying that it will comply with all coordination agree- § 25.219 [Reserved] ments reached by the satellite operator(s). § 25.220 Non-routine transmit/receive (2) Unless the non-routine uplink earth station operations. transmission levels are permitted (a) The requirements in this section under a coordination agreement with apply to applications for, and operation the space station operator, or unless of, earth stations transmitting in the coordination with the operator is not conventional or extended C-bands, the required pursuant to § 25.140(d)(3) or conventional or extended Ku-bands, or (d)(4), the operator of an earth station the conventional Ka-band that do not licensed pursuant to this section must qualify for routine licensing under rel- reduce its transmitted EIRP density to evant criteria in § 25.211, § 25.212, or levels at or within relevant routine § 25.218. limits: (b) Applications filed pursuant to (i) Toward the part of the geo- this section must include the informa- stationary orbit arc within one degree tion required by § 25.115(g)(1). of a subsequently launched, two-de- (c) [Reserved] gree-compliant space station receiving (d)(1) The applicant must submit the in the same uplink band at an orbital certifications listed in paragraphs location within six degrees of the earth (d)(1)(i) through (d)(1)(iv) of this sec- station’s target satellite, and tion. The applicant will be authorized (ii) Toward a two-degree-compliant to transmit only to the satellite sys- space station receiving in the same tems included in the coordination uplink band at an orbital location agreements referred to in the certifi- more than six degrees away from the cation required by paragraph (d)(1)(ii) target satellite if co-frequency recep- of this section. The applicant will be tion by the space station is adversely granted protection from receiving in- affected by the non-routine earth sta- terference only with respect to the sat- tion transmission levels. ellite systems included in the coordina- (3) In the event that a coordination tion agreements referred to in the cer- agreement discussed in paragraph tification required by paragraph (d)(1)(ii) of this section is reached, but (d)(1)(ii) of this section, and only to the that coordination agreement does not extent that protection from receiving address protection from interference interference is afforded by those co- for the earth station, that earth sta- ordination agreements. tion will be protected from inter- (i) [Reserved] ference to the same extent that an

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earth station that meets the require- boundaries of the geostationary sat- ments of § 25.209 of this title would be ellite orbit arc it plans to coordinate. protected from interference. (2) The diameter or equivalent di- (4) Notwithstanding paragraph ameter of the antenna. (d)(1)(ii) of this section, a party apply- (3) Proposed power and power density ing for an earth station license pursu- levels. ant to this section will not be required (4) Identification of any rule or rules to certify that its target satellite oper- for which a waiver is requested. ator has reached a coordination agreement with another satellite operator [70 FR 32256, June 2, 2005, as amended at 72 whose satellite is within 6° of orbital FR 50030, Aug. 29, 2007; 73 FR 70902, Nov. 24, 2008; 74 FR 57099, Nov. 4, 2009; 78 FR 14927, separation from its satellite in cases Mar. 8, 2013; 79 FR 8324, Feb. 12, 2014; 81 FR where the off-axis EIRP density level 55341, Aug. 18, 2016; 83 FR 34491, July 20, 2018; of the proposed earth station oper- 84 FR 53656, Oct. 8, 2019] ations will be less than or equal to the levels specified by the applicable off- §§ 25.221–25.223 [Reserved] axis EIRP envelope set forth in § 25.218 of this chapter in the direction of the § 25.224 Protection of receive-only part of the geostationary orbit arc earth stations in the 17/24 GHz BSS. within 1° of the nominal orbit location (a) Notwithstanding § 25.209(c) of this of the adjacent satellite. part, receive-only earth stations oper- (e)–(f) [Reserved] ating in the 17/24 GHz broadcasting-sat- (g) Applicants filing applications for ellite service can claim no greater pro- earth stations pursuant to this section tection from interference than they must provide the following information would receive if the equivalent antenna for the Commission’s public notice: diameter were equal to or greater than (1) Detailed description of the service 45 cm and the antenna meets the co- to be provided, including frequency polar and cross-polar performance pat- bands and satellites to be used. The ap- terns represented by the following set plicant must identify either the spe- of formulas (adopted in Recommenda- cific satellites with which it plans to tion ITU–R BO.1213–1, dated November operate, or the eastern and western 2005) that are valid for D/λ ≥11:

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

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§ 25.225 Geographic Service Require- sume transmissions until the condition ments for 17/24 GHz Broadcasting that caused the ESIM to exceed those Satellite Service. limits is corrected. (a) Each operator of a 17/24 GHz BSS (c) Each FSS ESIM must be mon- space station that is used to provide itored and controlled by a network video programming directly to con- control and monitoring center (NCMC) sumers in the 48 contiguous United or equivalent facility. Each ESIM must States (CONUS) must provide com- comply with a ‘‘disable transmission’’ parable service to Alaska and Hawaii, command from the NCMC within 100 unless such service is not technically milliseconds of receiving the command. feasible or not economically reasonable In addition, the NCMC must monitor from the authorized orbital location. the operation of each ESIM in its net- (b) Each operator of a 17/24 GHz BSS work, and transmit a ‘‘disable trans- space station subject to paragraph (a) mission’’ command to any ESIM that of this section must design and con- operates in such a way as to exceed the figure its space station to be capable of authorized off-axis EIRP density limit providing service to Alaska and Ha- for GSO FSS ESIMs or any emission waii, that is comparable to the service limits included in the licensing condi- that such satellites will provide to tions in the case of NGSO FSS ESIMs. CONUS subscribers, from any orbital The NCMC must not allow the ESIM(s) location capable of providing service to under its control to resume trans- either Alaska or Hawaii to which it missions until the condition that may be located or relocated in the fu- caused the ESIM(s) to exceed the au- ture. thorized EIRP density limits is cor- (c) If an operator of a 17/24 GHz BSS rected. space station that is used to provide (d) ESIM licensees must ensure in- video programming directly to con- stallation of ESIM terminals on vehi- sumers in the United States relocates cles by qualified installers who have an or replaces a 17/24 GHz BSS space sta- understanding of the antenna’s radi- tion at a location from which service ation environment and the measures to Alaska and Hawaii had been pro- best suited to maximize protection of vided by another 17/24 GHz BSS space the general public and persons oper- station, the operator must use a space ating the vehicle and equipment. An station capable of providing at least ESIM terminal exhibiting radiation ex- the same level of service to Alaska and posure levels exceeding 1.0 mW/cm2 in Hawaii as previously provided from accessible areas, such as at the exterior that location. surface of the radome, must have a label attached to the surface of the ter- [72 FR 50033, Aug. 29, 2007] minal warning about the radiation haz- §§ 25.226–25.227 [Reserved] ard and must include thereon a dia- gram showing the regions around the § 25.228 Operating and coordination terminal where the radiation levels requirements for earth stations in could exceed the maximum radiation motion (ESIMs). exposure limit specified in 47 CFR (a) GSO FSS ESIM transmissions 1.1310 Table 1. must comport with the applicable (e) The following requirements gov- EIRP density limits in § 25.218, unless ern all ESV operations: coordinated pursuant to the require- (1) ESV operators must control all ments in § 25.220. ESVs by a NCMC or equivalent facility (b) Each FSS ESIM must be self- located in the United States, except monitoring and, should a condition that an ESV on U.S.-registered vessels occur that would cause the ESIMs to may operate under control of a NCMC exceed its authorized off-axis EIRP location outside the United States pro- density limits in the case of GSO FSS vided the ESV operator maintains a ESIMs or any emission limits included point of contact within the United in the licensing conditions in the case States that will have the capability of NGSO FSS ESIMs, the ESIM must and authority to cause an ESV on a automatically cease transmissions U.S.-registered vessel to cease trans- within 100 milliseconds, and not re- mitting if necessary.

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(2) There must be a point of contact affect their radio operations, ESAA op- in the United States, with phone num- erators may operate within those iden- ber and address, available 24 hours a tified areas without further action. To day, seven days a week, with authority the extent that the foreign administra- and ability to cease all emissions from tion has not adopted requirements re- the ESVs, either directly or through garding ESAA operations, ESAA opera- the facilities of a U.S. NCMC or a tors must coordinate their operations NCMC located in another country with with any potentially affected oper- which the United States has a bilateral ations. agreement that enables such cessation (h) The following requirements gov- of emissions. ern all operations in the 3700–4200 MHz (3) ESV NCMC operators commu- (space-to-Earth) and 5925–6425 MHz nicating with ESVs on vessels of for- (Earth-to-space) frequency bands of eign registry must maintain detailed ESVs receiving from or transmitting to information on each such vessel’s coun- GSO satellites in the Fixed-Satellite try of registry and a point of contact Service: for the relevant administration respon- (1) ESVs must not operate in the sible for licensing those ESVs. 5925–6425 MHz (Earth-to-space) and (f) For all VMES operations, there 3700–4200 MHz (space-to-Earth) fre- must be a point of contact in the quency bands on vessels smaller than United States, with phone number and 300 gross tons. address, available 24 hours a day, seven (2) ESV operators transmitting in the days a week, with authority and abil- 5925–6425 MHz (Earth-to-space) fre- ity to cease all emissions from the quency band to GSO satellites in the VMESs. Fixed-Satellite Service (FSS) must not (g) The following requirements gov- seek to coordinate, in any geographic ern all ESAA operations: location, more than 36 megahertz of (1) There must be a point of contact uplink bandwidth on each of no more in the United States, with phone num- than two GSO FSS satellites. ber and address, available 24 hours a (3) ESVs, operating while docked, for day, seven days a week, with authority which coordination with terrestrial and ability to cease all emissions from stations in the 3700–4200 MHz band is the ESAAs. completed in accordance with § 25.251, (2) All ESAA terminals operated in will receive protection from such ter- U.S. airspace, whether on U.S.-reg- restrial stations in accordance with the istered civil aircraft or non-U.S.-reg- coordination agreements, for 180 days, istered civil aircraft, must be licensed renewable for 180 days. by the Commission. All ESAA termi- (4) ESVs in motion must not claim nals on U.S.-registered civil aircraft protection from harmful interference operating outside of U.S. airspace must from any authorized terrestrial sta- be licensed by the Commission, except tions to which frequencies are already as provided by section 303(t) of the assigned, or any authorized terrestrial Communications Act. station to which frequencies may be as- (3) Prior to operations within a for- signed in the future in the 3700–4200 eign nation’s airspace, the ESAA oper- MHz (space-to-Earth) frequency band. ator must ascertain whether the rel- (5) ESVs operating within 200 km evant administration has operations from the baseline of the United States, that could be affected by ESAA termi- or within 200 km from a U.S.-licensed nals, and must determine whether that fixed service offshore installation, administration has adopted specific re- must complete coordination with po- quirements concerning ESAA oper- tentially affected U.S.-licensed fixed ations. When the aircraft enters for- service operators prior to operation. eign airspace, the ESAA terminal must The coordination method and the in- operate under the Commission’s rules, terference criteria objective will be de- or those of the foreign administration, termined by the frequency coordinator. whichever is more constraining. To the The details of the coordination must be extent that all relevant administra- maintained and available at the fre- tions have identified geographic areas quency coordinator, and must be filed from which ESAA operations would not with the Commission electronically via

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the International Bureau Filing Sys- tion agreement, including, but not lim- tem (http://licensing.fcc.gov/myibfs/) to be ited to, conditions related to speed of placed on public notice. The coordina- the vessel or if the ESV travels outside tion notifications must be filed in the the coordinated area, if within 200 km form of a statement referencing the from the baseline of the United States, relevant call signs and file numbers. or within 200 km from a U.S.-licensed Operation of each individual ESV may fixed service offshore installation. commence immediately after the pub- Transmissions may be controlled by lic notice that identifies the notifica- the ESV network control and moni- tion sent to the Commission is re- toring center. The frequency coordi- leased. Continuance of operation of nator may decide whether ESV opera- that ESV for the duration of the co- tors should automatically cease trans- ordination term must be dependent missions if the vessel falls below a pre- upon successful completion of the nor- scribed speed within a prescribed geo- mal public notice process. If, prior to graphic area. the end of the 30-day comment period (7) ESV transmissions in the 5925–6425 of the public notice, any objections are MHz (Earth-to-space) band shall not received from U.S.-licensed Fixed Serv- exceed an EIRP spectral density to- ice operators that have been excluded wards the radio-horizon of 17 dBW/MHz, from coordination, the ESV licensee and shall not exceed an EIRP towards must immediately cease operation of the radio-horizon of 20.8 dBW. The ESV that particular station on frequencies network shall shut-off the ESV trans- used by the affected U.S.-licensed mitter if either the EIRP spectral den- Fixed Service station until the coordi- sity towards the radio-horizon or the nation dispute is resolved and the ESV EIRP towards the radio-horizon is ex- licensee informs the Commission of the ceeded. resolution. As used in this section, (i) For ESAA transmissions in the ‘‘baseline’’ means the line from which 14.0–14.5 GHz band from international maritime zones are measured. The airspace within line-of-sight of the ter- baseline is a combination of the low- ritory of a foreign administration water line and closing lines across the where fixed service networks have pri- mouths of inland water bodies and is mary allocation in this band, the max- defined by a series of baseline points imum power flux density (pfd) pro- that include islands and ‘‘low-water duced at the surface of the Earth by elevations,’’ as determined by the U.S. emissions from a single aircraft car- Department of State’s Baseline Com- rying an ESAA terminal must not ex- mittee. ceed the following values unless the (6) An ESV must automatically cease foreign Administration has imposed transmission if the ESV operates in other conditions for protecting its violation of the terms of its coordina- fixed service stations:

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

Where: q is the angle of arrival of the (for ESAAs) of the NASA TDRSS facili- radio-frequency wave (degrees above ties on Guam (latitude 13°36′55″ N, lon- the horizontal) and the aforementioned gitude 144°51′22″ E), White Sands, New limits relate to the pfd under free- Mexico (latitude 32°20′59″ N, longitude space propagation conditions. 106°36′31″ W and latitude 32°32′40″ N, lon- (j) The following requirements gov- gitude 106°36′48″ W), or Blossom Point, ern all ESIMs transmitting to GSO or Maryland (latitude 38°25′44″ N, lon- NGSO satellites in the Fixed-Satellite gitude 77°05′02″ W) are subject to co- Service in the 14.0–14.5 GHz band. ordination with the National Aero- (1) Operations of ESIMs in the 14.0– nautics and Space Administration 14.2 GHz (Earth-to-space) frequency (NASA) through the National Tele- band within 125 km (for ESVs and communications and Information Ad- VMESs) or within radio line of sight ministration (NTIA) Interdepartment

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Radio Advisory Committee (IRAC). Li- straints developed in the coordination censees must notify the International process. Bureau once they have completed co- (2) Within 125 km (for ESVs and ordination. Upon receipt of such notifi- VMESs) or within radio line of sight cation from a licensee, the Inter- (for ESAAs) of the NASA TDRSS facili- national Bureau will issue a public no- ties identified in paragraph (j)(1) of tice stating that the licensee may com- this section, ESIM transmissions in the mence operations within the coordina- 14.0–14.2 GHz (Earth-to-space) band tion zone in 30 days if no party has op- shall not exceed an EIRP spectral den- posed the operations. When NTIA seeks sity towards the horizon of 12.5 dBW/ to provide similar protection to future MHz, and shall not exceed an EIRP to- TDRSS sites that have been coordi- wards the horizon of 16.3 dBW. nated through the IRAC Frequency As- (3) Operations of ESIMs in the 14.47– signment Subcommittee process, NTIA 14.5 GHz (Earth-to-space) frequency will notify the Commission’s Inter- band in the vicinity (for ESVs and national Bureau that the site is near- VMESs) or within radio line of sight ing operational status. Upon public no- (for ESAAs) of radio astronomy service tice from the International Bureau, all Ku-band ESIM licensees must cease op- (RAS) observatories observing in the erations in the 14.0–14.2 GHz band with- 14.47–14.5 GHz band are subject to coin 125 km (for ESVs and VMESs) or ordination with the National Science within radio line of sight (for ESAAs) Foundation (NSF). The appropriate of the new TDRSS site until the licens- NSF contact point to initiate coordina- ees complete coordination with NTIA/ tion is Electromagnetic Spectrum IRAC for the new TDRSS facility. Li- Management Unit, NSF, Division of censees must notify the International Astronomical Sciences, 2415 Eisen- Bureau once they have completed co- hower Avenue, Arlington VA 22314; ordination for the new TDRSS site. Email: [email protected]. Licensees must no- Upon receipt of such notification from tify the International Bureau once a licensee, the International Bureau they have completed coordination. will issue a public notice stating that Upon receipt of the coordination agree- the licensee may commence operations ment from a licensee, the International within the coordination zone in 30 days Bureau will issue a public notice stat- if no party has opposed the operations. ing that the licensee may commence The ESIM licensee then will be per- operations within the coordination mitted to commence operations in the zone in 30 days if no party has opposed 14.0–14.2 GHz band within 125 km (for the operations. Table 1 provides a list ESVs and VMESs) or within radio line of each applicable RAS site, its loca- of sight (for ESAAs) of the new TDRSS tion, and the applicable coordination site, subject to any operational con- zone.

TABLE 1 TO § 25.228(j)(3)—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES

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

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

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TABLE 1 TO § 25.228(j)(3)—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES—Continued

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

St. Croix, VI ...... 17°45′24″ 64°35′01″ 50. * Owens Valley, CA operates both a VLBA station and single-dish telescopes.

(4) When NTIA seeks to provide simi- §§ 25.229–25.249 [Reserved] lar protection to future RAS sites that have been coordinated through the § 25.250 Sharing between NGSO MSS IRAC Frequency Assignment Sub- Feeder links Earth Stations in the committee process, NTIA will notify 19.3–19.7 GHz and 29.1–29.5 GHz the Commission’s International Bureau Bands. that the site is nearing operational sta- (a) NGSO MSS applicants shall be li- tus. Upon public notice from the Inter- censed to operate in the 29.1–29.5 GHz national Bureau, all Ku-band ESIMs li- band for Earth-to-space transmissions censees must cease operations in the and 19.3–19.7 GHz for space-to-Earth 14.47–14.5 GHz band within the relevant transmissions from feeder link earth geographic zone (160 kms for single- station complexes. A ‘‘feeder link earth dish radio observatories and Very station complex’’ may include up to Large Array antenna systems and 50 three (3) earth station groups, with kms for Very Long Baseline Array an- each earth station group having up to tenna systems for ESVs and VMESs, four (4) antennas, located within a ra- radio line of sight for ESAAs) of the dius of 75 km of a given set of geo- new RAS site until the licensees com- graphic coordinates provided by NGSO- plete coordination for the new RAS fa- MSS licensees or applicants. cility. Licensees must notify the Inter- (b) Licensees of NGSO MSS feeder national Bureau once they have com- link earth stations separated by 800 km pleted coordination for the new RAS or less are required to coordinate their site and must submit the coordination operations, see § 25.203. The results of agreement to the Commission. Upon the coordination shall be reported to receipt of such notification from a li- the Commission. censee, the International Bureau will [61 FR 44181, Aug. 28, 1996] issue a public notice stating that the licensee may commence operations § 25.251 Special requirements for co- within the coordination zone in 30 days ordination. if no party opposed the operations. The (a) The administrative aspects of the ESIMs licensee then will be permitted coordination process are set forth in to commence operations in the 14.47– § 101.103 of this chapter in the case of 14.5 GHz band within the relevant co- coordination of terrestrial stations ordination distance around the new with earth stations, and in § 25.203 in RAS site, subject to any operational the case of coordination of earth sta- constraints developed in the coordinations with terrestrial stations. tion process. (b) The technical aspects of coordina- (5) ESIMs licensees must use Global tion are based on Appendix 7 of the Positioning Satellite-related or other International Telecommunication similar position location technology to Union Radio Regulations and certain ensure compliance with the provisions recommendations of the ITU of subparagraphs 1–3 of this paragraph. Radiocommunication Sector (available [84 FR 53656, Oct. 8, 2019, as amended at 85 FR at the address in § 0.445 of this chapter). 44787, July 24, 2020] [66 FR 10630, Feb. 16, 2001, as amended at 78 FR 8430, Feb. 6, 2013]

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§ 25.252 [Reserved] (c) An applicant for an ancillary terrestrial component in these bands § 25.253 Special requirements for an- shall: cillary terrestrial components oper- (1) Demonstrate, at the time of appli- ating in the 1626.5–1660.5 MHz/ cation, how its ATC network will com- 1525–1559 MHz bands. ply with the requirements of footnotes (a) An ancillary terrestrial compo- US308 and US315 to the table of fre- nent in these bands shall: quency allocations contained in § 2.106 (1) In any band segment coordinated of this chapter regarding priority and for the exclusive use of an MSS appli- preemptive access to the L-band MSS cant within the land area of the U.S., spectrum by the aeronautical mobile- where there is no other L-Band MSS satellite en-route service (AMS(R)S) satellite making use of that band seg- and the global maritime distress and ment within the visible portion of the safety system (GMDSS). geostationary arc as seen from the (2) Coordinate with the terrestrial ATC coverage area, the ATC system CMRS operators prior to initiating will be limited by the in-band and out- ATC transmissions when co-locating of-band emission limitations contained ATC base stations with terrestrial in this section and the requirement to commercial mobile radio service maintain a substantial MSS service. (CMRS) base stations that make use of (2) In any band segment that is co- Global Positioning System (GPS) time- ordinated for the shared use of the ap- based receivers. plicant’s MSS system and another MSS (3) Provide, at the time of applica- operator, where the coordination tion, calculations that demonstrate the ATC system conforms to the T/T re- agreement existed prior to February 10, D quirements in paragraphs (a)(2) and 2005 and permits a level of interference (a)(3) of this section, if a coordination to the other MSS system of less than agreement that incorporates the ATC 6% T/T, the applicant’s combined ATC D operations does not exist with other and MSS operations shall increase the MSS operators. system noise level of the other MSS to (d) Applicants for an ancillary terres- no more then 6% T/T. Any future co- D trial component in these bands must ordination agreement between the par- demonstrate that ATC base stations ties governing ATC operation will su- shall not: persede this paragraph. (1) Exceed a peak EIRP of 31.9–10*log (3) In any band segment that is co- (number of carriers) dBW/200kHz, per ordinated for the shared use of the ap- sector, for each carrier in the 1525– plicant’s MSS system and another MSS 1541.5 MHz and 1547.5–1559 MHz fre- operator, where a coordination agree- quency bands; ment existed prior to February 10, 2005 (2) Exceed an EIRP in any direction and permits a level of interference to toward the physical horizon (not to in- the other MSS system of 6% DT/T or clude man-made structures) of 26.9– greater, the applicant’s ATC operations 10*log (number of carriers) dBW/200 may increase the system noise level of kHz, per sector, for each carrier in the the other MSS system by no more than 1525–1541.5 MHz and 1547.5–1559 MHz fre- an additional 1% DT/T. Any future co- quency bands; ordination agreement between the par- (3) Exceed a peak EIRP of 23.9 ties governing ATC operations will su- ¥10*log(number of carriers) dBW/200 persede this paragraph. kHz, per sector, for each carrier in the (4) In a band segment in which the 1541.5–1547.5 MHz frequency band; applicant has no rights under a coordi- (4) Exceed an EIRP toward the phys- nation agreement, the applicant may ical horizon (not to include man-made not implement ATC in that band. structures) of 18.9–10*log(number of (b) ATC base stations shall not ex- carriers) dBW/200 kHz, per sector, for ceed an out-of-channel emissions meas- each carrier in the 1541.5–1547.5 MHz urement of ¥57.9 dBW/MHz at the edge frequency band; of a MSS licensee’s authorized and (5) Exceed a total power flux density internationally coordinated MSS fre- level of ¥56.8 dBW/m2/200 kHz at the quency assignment. edge of all airport runways and aircraft

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stand areas, including takeoff and (8) Exceed a peak antenna gain of 16 landing paths from all carriers oper- dBi; ating in the 1525–1559 MHz frequency (9) Generate EIRP density, averaged bands. The total power flux density over any two-millisecond active trans- here is the sum of all power flux den- mission interval, greater than ¥70 sity values associated with all carriers dBW/MHz in the 1559–1605 MHz band or in a sector in the 1525–1559 MHz fre- greater than a level determined by lin- quency band, expressed in dB(Watts/m2/ ear interpolation in the 1605–1610 MHz 200 kHz). Free-space loss must be as- band, from ¥70 dBW/MHz at 1605 MHz sumed if this requirement is dem- to ¥46 dBW/MHz at 1610 MHz. The onstrated via calculation; EIRP, averaged over any two-milli- (6) Exceed a total power flux density second active transmission interval, of ¥ 2 level of 56.6 dBW/ m /200 kHz at the discrete out-of-band emissions of less water’s edge of any navigable water- than 700 Hz bandwidth from such base way from all carriers operating in the stations shall not exceed ¥80 dBW in 1525–1541.5 MHz and 1547.5–1559 MHz fre- the 1559–1605 MHz band or exceed a quency bands. The total power flux level determined by linear interpola- density here is the sum of all power tion in the 1605–1610 MHz band, from flux density values associated with all ¥80 dBW at 1605 MHz to ¥56 dBW at carriers in a sector in the 1525–1541.5 MHz and 1547.5–1559 MHz frequency 1610 MHz. A root-mean-square detector bands, expressed in dB(Watts/m2/200 function with a resolution bandwidth kHz). Free-space loss must be assumed of one megahertz or equivalent and no if this requirement is demonstrated via less video bandwidth shall be used to calculation; measure wideband EIRP density for (7) Exceed a total power flux density purposes of this rule, and narrowband level of ¥64.6 dBW/ m2/200 kHz at the EIRP shall be measured with a root- water’s edge of any navigable water- mean-square detector function with a way from all carriers operating in the resolution bandwidth of one kilohertz 1541.5–1547.5 MHz frequency band. The or equivalent. total power flux density here is the (e) Applicants for an ancillary terres- sum of all power flux density values as- trial component in these bands must sociated with all carriers in a sector in demonstrate, at the time of the appli- the 1541.5–1547.5 MHz frequency band, cation, that ATC base stations shall expressed in dB(Watts/m2/200 kHz). use left-hand-circular polarization an- Free-space loss must be assumed if this tennas with a maximum gain of 16 dBi requirement is demonstrated via cal- and overhead gain suppression accord- culation; ing to the following:

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

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

Where: Gmax is the maximum gain of within radio horizon of the SARSAT the base station antenna in dBi. station, whichever is less. (f) Prior to operation, ancillary ter- (2) Take all practicable steps to avoid restrial component licensees shall: locating ATC base stations within (1) Provide the Commission with suf- radio line of sight of Mobile Aero- ficient information to complete coordi- nautical Telemetry (MAT) receive sites nation of ATC base stations with in order to protect U.S. MAT systems Search-and-Rescue Satellite-Aided consistent with ITU–R Recommenda- Tracking (SARSAT) earth stations option ITU–R M.1459. MSS ATC base sta- erating in the 1544–1545 MHz band for tions located within radio line of sight any ATC base station located either of a MAT receiver must be coordinated within 27 km of a SARSAT station, or with the Aerospace and Flight Test

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Radio Coordinating Council (AFTRCC) order intermodulation product of these for non-Government MAT receivers on base stations falls on an L-band MSS a case-by-case basis prior to operation. band coordinated for use by another For government MAT receivers, the MSS operator with rights to the co- MSS licensee shall supply sufficient in- ordinated band, the MSS ATC licensee formation to the Commission to allow must notify the MSS operator. The coordination to take place. A listing of MSS operator may request coordina- current and planned MAT receiver sites tion to modify the base station carrier can be obtained from AFTRCC for non- frequencies, or to reduce the maximum Government sites and through the base station EIRP on the frequencies FCC’s IRAC Liaison for Government contributing to the third-order inter- MAT receiver sites. modulation products. The threshold for (g) ATC mobile terminals shall: this notification and coordination is (1) Be limited to a peak EIRP level of when the sum of the calculated signal 0 dBW and an out-of-channel emissions levels received by an MSS receiver ex- of ¥67 dBW/4 kHz at the edge of an ceeds ¥70 dBm. The MSS receiver used MSS licensee’s authorized and inter- in these calculations can be assumed to nationally coordinated MSS frequency have an antenna with 0 dBi gain. Free- assignment. space propagation between the base (2) Be operated in a fashion that station antennas and the MSS termi- takes all practicable steps to avoid nals can be assumed and actual signal causing interference to U.S. radio as- polarizations for the ATC signals and tronomy service (RAS) observations in the MSS system may be used. the 1660–1660.5 MHz band. [70 FR 19319, Apr. 13, 2005] (3) Not generate EIRP density, averaged over any two-millisecond active § 25.254 Special requirements for an- transmission interval, greater than cillary terrestrial components oper- ¥70 dBW/MHz in the 1559–1605 MHz ating in the 1610–1626.5 MHz/ band or greater than a level deter- 2483.5–2500 MHz bands. mined by linear interpolation in the (a) An applicant for an ancillary ter- 1605–1610 MHz band, from ¥70 dBW/MHz restrial component in these bands must at 1605 MHz to ¥46 dBW/MHz at 1610 demonstrate that ATC base stations MHz. The EIRP, averaged over any shall: two-millisecond active transmission (1) Not exceed a peak EIRP of 32 dBW interval, of discrete out-of-band emis- in 1.25 MHz; sions of less than 700 Hz bandwidth (2) Not cause unacceptable inter- from such mobile terminals shall not ference to systems identified in para- exceed ¥80 dBW in the 1559–1605 MHz graph (c) of this section and, in any band or exceed a level determined by case, shall not exceed out-of-channel linear interpolation in the 1605–1610 emissions of ¥44.1 dBW/30 kHz at the MHz band, from ¥80 dBW at 1605 MHz edge of the MSS licensee’s authorized to ¥56 dBW at 1610 MHz. The EIRP frequency assignment; density of carrier-off-state emissions (3) At the time of application, that it from such mobile terminals shall not has taken, or will take steps necessary exceed ¥80 dBW/MHz in the 1559–1610 to avoid causing interference to other MHz band, averaged over a two-milli- services sharing the use of the 2450–2500 second interval. A root-mean-square MHz band through frequency coordina- detector function with a resolution tion; and bandwidth of one megahertz or equiva- (4) Base stations operating in fre- lent and no less video bandwidth shall quencies above 2483.5 MHz shall not be used to measure wideband EIRP generate EIRP density, averaged over density for purposes of this rule, and any two-millisecond active trans- narrowband EIRP shall be measured mission interval, greater than ¥70 with a root-mean-square detector func- dBW/MHz in the 1559–1610 MHz band. tion with a resolution bandwidth of one The EIRP, averaged over any two-mil- kilohertz or equivalent. lisecond active transmission interval, (h) When implementing multiple base of discrete out-of-band emissions of stations and/or base stations using less than 700 Hz bandwidth from such multiple carriers, where any third- base stations shall not exceed ¥80 dBW

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in the 1559–1610 MHz band. A root- (c) Applicants for an ancillary terres- mean-square detector function with a trial component to be used in conjunc- resolution bandwidth of one megahertz tion with a Mobile-Satellite Service or equivalent and no less video band- system using CDMA technology shall width shall be used to measure wide- coordinate the use of the 1.6/2.4 GHz band EIRP density for purposes of this Mobile-Satellite Service spectrum des- rule, and narrowband EIRP shall be ignated for CDMA systems using the measured with a root-mean-square de- framework established by the ITU in tector function with a resolution band- Recommendation ITU–R M.1186 ‘‘Tech- width of one kilohertz or equivalent. nical Considerations for the Coordina- (b) An applicant for an ancillary ter- tion Between Mobile Satellite Service restrial component in these bands must (MSS) Networks Utilizing Code Divi- demonstrate that mobile terminals sion Multiple Access (CDMA) and Other shall: Spread Spectrum Techniques in the 1– (1) Meet the requirements contained 3 GHz Band’’ (1995). Recommendation in § 25.213 to protect radio astronomy ITU-R M.1186 is incorporated by ref- service (RAS) observations in the erence. The Director of the Federal 1610.6–1613.8 MHz band from unaccept- Register approves this incorporation able interference; by reference in accordance with 5 (2) Observe a peak EIRP limit of 1.0 U.S.C. 552(a) and 1 CFR part 51. Copies dBW in 1.25 MHz; of this standard can be inspected at the (3) Observe an out-of-channel EIRP Federal Communications Commission, limit of ¥57.1 dBW/30 kHz at the edge 445 12th Street, SW., Washington, DC of the licensed MSS frequency assign- (Reference Information Center) or at ment. the National Archives and Records Ad- (4) ATC mobile terminals operating ministration (NARA). For information in assigned frequencies in the 1610– on the availability of this material at 1626.5 MHz band shall not generate NARA, call 202–741–6030, or go to: http:// EIRP density, averaged over any two- www.archives.gov/federallregister/ millisecond active transmission inter- codeloflfederallregulations/ val, greater than ¥70 dBW/MHz in the ibrllocations.html. The ITU-R Rec- 1559–1605 MHz band or greater than a ommendations can also be purchased level determined by linear interpola- from the International Telecommuni- tion in the 1605–1610 MHz band, from cation Union (ITU), Place des Nations, ¥70 dBW/MHz at 1605 MHz to ¥10 dBW/ CH–1211 Geneva 20, Switzerland. MHz at 1610 MHz. The EIRP, averaged (d) To avoid interference to an adja- over any two-millisecond active trans- cent channel licensee in the Broadband mission interval, of discrete out-of- Radio Service (BRS), the power of any band emissions of less than 700 Hz ATC base station emission above 2495 bandwidth from such mobile terminals MHz shall be attenuated below the shall not exceed ¥80 dBW in the 1559– transmitter power (P) measured in 1605 MHz band or exceed a level deter- watts in accordance with the standards mined by linear interpolation in the below. If these measures do not resolve 1605–1610 MHz band, from ¥80 dBW at a documented interference complaint 1605 MHz to ¥20 dBW at 1610 MHz. The received from the adjacent channel EIRP density of carrier-off-state emis- BRS licensee, the provisions of § 25.255 sions from such mobile terminals shall shall apply. not exceed ¥80 dBW/MHz in the 1559– (1) For base stations, the attenuation 1610 MHz band, averaged over a two- shall be not less than 43 + 10 log (P) dB millisecond interval. A root-mean- at the upper edge of the authorized square detector function with a resolu- ATC band, unless a documented inter- tion bandwidth of one megahertz or ference complaint is received from an equivalent and no less video bandwidth adjacent channel licensee in the BRS. shall be used to measure wideband Provided that a documented inter- EIRP density for purposes of this rule, ference complaint cannot be mutually and narrowband EIRP shall be meas- resolved between the parties, the fol- ured with a root-mean-square detector lowing additional attenuation require- function with a resolution bandwidth ments set forth in subsections (2)–(5) of one kilohertz or equivalent. shall apply:

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(2) If a pre-existing BRS base station (6) Compliance with these rules is suffers harmful interference from emis- based on the use of measurement in- sions caused by a new or modified ATC strumentation employing a resolution base station located 1.5 km or more bandwidth of 1 MHz or greater. How- away, within 24 hours of the receipt of ever, in the 1 MHz bands immediately a documented interference complaint above and adjacent to the 2495 MHz a the ATC licensee must attenuate its resolution bandwidth of at least one emissions by at least 67 + 10 log (P) dB percent of the emission bandwidth of measured at 3 megahertz above the the fundamental emission of the trans- edge of the authorized ATC band, and mitter may be employed. A narrower shall immediately notify the com- resolution bandwidth is permitted in plaining licensee upon implementation all cases to improve measurement ac- of the additional attenuation. curacy, provided the measured power is (3) If a pre-existing BRS base station integrated over the full required meas- suffers harmful interference from emis- urement bandwidth (i.e., 1 MHz or 1 sions caused by a new or modified ATC percent of emission bandwidth, as spec- base station located less than 1.5 km ified). The emission bandwidth is de- away, within 24 hours of the receipt of fined as the width of the signal be- a documented interference complaint tween two points, one below the carrier the ATC licensee must attenuate its center frequency and one above the emissions by at least 67 + 10 log (P) ¥20 carrier center frequency, outside of which all emissions are attenuated at log(Dkm/1.5) dB measured at 3 megahertz above the edge of the authorized least 26 dB below the transmitter ATC band, or if both base stations are power. When an emission outside of the co-located, limit its undesired signal authorized bandwidth causes harmful level at the pre-existing BRS base sta- interference, the Commission may, at tion receiver(s) to no more than ¥107 its discretion, require greater attenu- dBm measured in a 5.5 megahertz band- ation than specified in this section. width and shall immediately notify the (e) Licensees of terrestrial low-power complaining licensee upon such reduc- systems operating in the 2483.5–2495 tion in the undesired signal level. MHz band shall operate consistent with (4) If a new or modified BRS base sta- the technical limits and other require- tion suffers harmful interference from ments specified in § 25.149(c)(4) and emissions caused by a pre-existing ATC (g)(2)–(3). base station located 1.5 km or more NOTE TO § 25.254: The preceding rules of away, within 60 days of receipt of a § 25.254 are based on cdma2000 and IS–95 sys- documented interference complaint the tem architecture. To the extent that a 1.6/2.4 licensee of the ATC base station must GHz Mobile-Satellite Service licensee is able attenuate its base station emissions by to demonstrate that the use of different system architectures would produce no greater at least 67 + 10 log (P) dB measured at potential interference than would be pro- 3 megahertz above the edge of the au- duced as a result of implementing the rules thorized ATC band. of this section, the licensee may apply for (5) If a new or modified BRS base sta- ATC authorization based on another system tion suffers harmful interference from architecture. emissions caused by a pre-existing ATC base station located less than 1.5 km [68 FR 33653, June 5, 2003, as amended at 69 away, within 60 days of receipt of a FR 18803, Apr. 9, 2004; 70 FR 19320, Apr. 13, 2005; 73 FR 25592, May 5, 2008; 78 FR 8430, Feb. documented interference complaint: 6, 2013; 82 FR 8819, Jan. 31, 2017] (i) the ATC licensee must attenuate its base station emissions by at least 67 § 25.255 Procedures for resolving + 10 log (P) ¥20 log(Dkm/1.5) dB meas- harmful interference related to op- ured 3 megahertz above the edge of the eration of ancillary terrestrial com- authorized ATC band, or ponents operating in the 1.5/1.6 GHz (ii) if both base stations are co-lo- and 1.6/2.4 GHz bands. cated, the ATC licensee must limit its If harmful interference is caused to undesired signal level at the new or other services by ancillary MSS ATC modified BRS base station receiver(s) operations, either from ATC base sta- to no more than ¥107 dBm measured in tions or mobile terminals, the MSS a 5.5 megahertz bandwidth. ATC operator must resolve any such

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interference. If the MSS ATC operator feeder link earth station complexes claims to have resolved the inter- that transmit in the 29.1–29.25 GHz ference and other operators claim that band. interference has not been resolved, (d) Additional NGSO MSS operators then the parties to the dispute may pe- may be licensed in this band if the ad- tition the Commission for a resolution ditional NGSO MSS operator shows of their claims. that its system can share with the ex- [68 FR 33653, June 5, 2003, as amended at 78 isting NGSO MSS systems. FR 8267, Feb. 5, 2013] (e) All NGSO MSS operators shall cooperate fully and make reasonable ef- § 25.256 Special Requirements for op- forts to identify mutually acceptable erations in the 3.65–3.7 GHz band. locations for feeder link earth station Upon request from a terrestrial li- complexes. In this regard, any single censee authorized under subpart Z, NGSO MSS operator may identify only part 90 that seeks to place base and one feeder-link earth station complex fixed stations in operation within 150 protection zone in each category iden- km of a primary earth station, licens- tified in § 101.147(y)(2) of this chapter ees of earth stations operating on a pri- until the other NGSO MSS operator mary basis in the Fixed-Satellite Serv- has been given an opportunity to select ice in the 3.65–3.7 GHz band must nego- a location from the same category. tiate in good faith with that terrestrial licensee to arrive at mutually agree- [61 FR 44181, Aug. 28, 1996, as amended at 78 able operating parameters to prevent FR 8430, Feb. 6, 2013; 81 FR 55348, Aug. 18, unacceptable interference. 2016] [70 FR 24725, May 11, 2005, as amended at 78 § 25.258 Sharing between NGSO MSS FR 8430, Feb. 6, 2013] feeder-link stations and GSO FSS services in the 29.25–29.5 GHz band. § 25.257 Special requirements for NGSO MSS operations in the 29.1– (a) Operators of NGSO MSS feeder 29.25 GHz band regarding LMDS. link earth stations and GSO FSS earth (a) Non-geostationary Mobile-Sat- stations in the band 29.25 to 29.5 GHz ellite Service (NGSO MSS) operators where both services have a co-primary shall be licensed to use the 29.1–29.25 allocation shall cooperate fully in GHz band for Earth-to-space trans- order to coordinate their systems. Dur- missions from feeder link earth station ing the coordination process both serv- complexes. A ‘‘feeder link earth station ice operators shall exchange the nec- complex’’ may include up to three (3) essary technical parameters required earth station groups, with each earth for coordination. station group having up to four (4) an- (b) Licensed GSO FSS earth stations tennas, located within a radius of 75 in the vicinity of operational NGSO km of a given set of geographic coordi- MSS feeder-link earth station com- nates provided by a NGSO MSS licens- plexes must, to the maximum extent ees or applicants pursuant to § 101.147. possible, operate with frequency/polar- (b) A maximum of seven (7) feeder ization selections that will minimize link earth station complexes in the unacceptable interference with recep- contiguous United States, Alaska and tion of GSO FSS and NGSO MSS Hawaii may be placed into operation, uplink transmissions in the 29.25–29.5 in the largest 100 MSAs, in the band GHz band. Earth station licensees oper- 29.1–29.25 GHz in accordance with ating with GSO FSS systems shall be § 25.203 and § 101.147 of this chapter. capable of providing earth station loca- (c) One of the NGSO MSS operators tions to support coordination of NGSO licensed to use the 29.1–29.25 GHz band MSS feeder link stations under para- may specify geographic coordinates for graphs (a) and (c) of this section. Oper- a maximum of eight feeder link earth ation of ubiquitously deployed GSO station complexes that transmit in the FSS earth stations in the 29.25–29.5 GHz 29.1–29.25 GHz band. The other NGSO frequency band must conform to the MSS operator licensed to use the 29.1– rules contained in § 25.218(i). 29.25 GHz band may specify geographic (c) Applicants for authority to use coordinates for a maximum of two the 29.25–29.5 GHz band for NGSO MSS

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feeder uplinks will have to dem- necessary for compliance with these re- onstrate that their systems can share strictions. The ephemeris information with GSO FSS and NGSO MSS systems must be updated system-wide on at that have been authorized for oper- least a weekly basis. For calculation ation in that band. required for compliance with these re- [67 FR 37336, May 29, 2002, as amended at 68 strictions an NVNG MSS licensee shall FR 16967, Apr. 8, 2003; 81 FR 55348, Aug. 18, use an orbital propagator algorithm 2016; 84 FR 53659, Oct. 8, 2019] with an accuracy equal to or greater than the NORAD propagator used by § 25.259 Time sharing between NOAA NOAA. meteorological satellite systems and non-voice, non-geostationary sat- (b) An NVNG licensee time sharing ellite systems in the 137–138 MHz spectrum in the 137–138 MHz band must band. establish a 24-hour per day contact per- (a) The space stations of a non-voice, son and telephone number so that non-geostationary Mobile-Satellite claims of harmful interference into Service (NVNG MSS) system time- NOAA earth stations and other oper- sharing downlink spectrum in the 137– ational issues can be reported and re- 138 MHz band with National Oceanic solved expeditiously. This contact in- and Atmospheric Administration formation must be made available to (NOAA) satellites shall not transmit NOAA or its designee. If the NTIA noti- signals into the ‘‘protection areas’’ of fies the Commission that NOAA is re- the NOAA satellites. ceiving unacceptable interference from (1) With respect to transmission in a NVNG licensee, the Commission will the 137.333–137.367 MHz, 137.485–137.515 require such NVNG licensee to termi- MHz, 137.605–137.635 MHz, and 137.753– nate its interfering operations imme- 137.787 MHz bands, the protection area diately unless it demonstrates to the for a NOAA satellite is the area on the Commission’s reasonable satisfaction, Earth’s surface in which the NOAA sat- and that of NTIA, that it is not respon- ellite is in line of sight from the sible for causing harmful interference ground at an elevation angle of five de- into the worldwide NOAA system. An grees or more above the horizon. No NVNG licensee assumes the risk of any NVNG MSS satellite shall transmit in liability or damage that it and its di- these bands when it is in line of sight rectors, officers, employees, affiliates, at an elevation angle of zero degrees or agents and subcontractors may incur more from any point on the ground within a NOAA satellite’s protected or suffer in connection with an inter- area for that band. ruption of its Mobile-Satellite Service, (2) With respect to transmission in in whole or in part, arising from or re- the 137.025–137.175 MHz and 137.825–138 lating to its compliance or noncompli- MHz bands, the protection area for a ance with the requirements of this NOAA satellite is the area on the paragraph. Earth’s surface in which the NOAA sat- (c) Each satellite in a NVNG licens- ellite is in line of sight from the ee’s system time-sharing spectrum ground at any elevation angle above with NOAA in the 137–138 MHz band zero degrees. No NVNG MSS satellite shall automatically turn off and cease shall transmit in these bands when at a satellite transmissions if, after 72 con- line-of-sight elevation angle of zero de- secutive hours, no reset signal is re- grees or more from any point on the ceived from the NVNG licensee’s gate- ground within a NOAA satellite’s pro- way earth station and verified by the tected area for that band. In addition, satellite. All satellites in such NVNG such an NVNG MSS satellite shall licensee’s system shall be capable of in- cease transmitting when it is at an ele- stantaneous shutdown on any sub-band vation angle of less than zero degrees upon command from such NVNG li- from any such point, if reasonably nec- censee’s gateway earth station. essary to protect reception of the NOAA satellite’s signal. [62 FR 59296, Nov. 3, 1997, as amended at 78 (3) An NVNG MSS licensee is respon- FR 8430, Feb. 6, 2013; 79 FR 8324, Feb. 12, 2014] sible for obtaining the ephemeris data

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§ 25.260 Time sharing between DoD rectors, officers, employees, affiliates, meteorological satellite systems and agents and subcontractors may incur non-voice, non-geostationary sat- or suffer in connection with an inter- ellite systems in the 400.15–401 MHz ruption of its Mobile-Satellite Service, band. in whole or in part, arising from or re- (a) The space stations of a non-voice, lating to its compliance or noncompli- non-geostationary Mobile-Satellite ance with the requirements of this Service (NVNG MSS) system time- paragraph. sharing downlink spectrum in the (c) Each satellite in a NVNG licens- 400.15–401.0 MHz band with Department ee’s system time-sharing spectrum of Defense (DoD) satellites shall not with DoD in the 400.15–401 MHz band transmit signals into the ‘‘protection shall automatically turn off and cease areas’’ of the DoD satellites. satellite transmissions if, after 72 con- (1) The protection area for such a secutive hours, no reset signal is re- DoD satellite is the area on the Earth’s ceived from the NVNG licensee’s gate- surface in which the DoD satellite is in way earth station and verified by the line of sight from the ground at an ele- satellite. All satellites in such NVNG vation angle of five degrees or more licensee’s system shall be capable of in- above the horizon. stantaneous shutdown on any sub-band (2) An NVNG MSS space station shall upon command from such NVNG li- not transmit in the 400.15–401 MHz band censee’s gateway earth station. when at a line-of-sight elevation angle (d) Initially, a NVNG licensee time- of zero degrees or more from any point sharing spectrum with DoD in the on the ground within the protected 400.15–401 MHz band shall be able to area of a DoD satellite operating in change the frequency on which its sys- that band. tem satellites are operating within 125 (3) An NVNG MSS licensee is respon- minutes of receiving notification from sible for obtaining the ephemeris data a DoD required frequency change in the necessary for compliance with this re- 400.15–401 MHz band. Thereafter, when a striction. The ephemeris information NVNG licensee constructs additional must be updated system-wide at least gateway earth stations located outside once per week. For calculation re- of North and South America, it shall quired for compliance with this restric- use its best efforts to decrease to 90 tion an NVNG MSS licensee shall use minutes the time required to imple- an orbital propagator algorithm with ment a DoD required frequency change. an accuracy equal to or greater than A NVNG licensee promptly shall notify the NORAD propagator used by DoD. the Commission and NTIA of any de- (b) An NVNG licensee time sharing crease in the time it requires to imple- spectrum in the 400.15–401 MHz band ment a DoD required frequency change. must establish a 24-hour per day con- (e) Once a NVNG licensee time-shar- tact person and telephone number so ing spectrum with DoD in the 400.15–401 that claims of harmful interference MHz band demonstrates to DoD that it into DoD earth stations and other is capable of implementing a DoD re- operational issues can be reported and quired frequency change within the resolved expeditiously. This contact in- time required under paragraph (d) of formation must be made available to this section, thereafter, such NVNG li- DoD or its designee. If the NTIA noti- censee shall demonstrate its capability fies the Commission that DoD is re- to implement a DoD required frequency ceiving unacceptable interference from change only once per year at the in- a NVNG licensee, the Commission will struction of DoD. Such demonstrations require such NVNG licensee to termi- shall occur during off-peak hours, as nate its interfering operations imme- determined by the NVNG licensee, un- diately unless it demonstrates to the less otherwise agreed by the NVNG li- Commission’s reasonable satisfaction, censee and DoD. Such NVNG licensee and that of NTIA, that it is not respon- will coordinate with DoD in estab- sible for causing harmful interference lishing a plan for such a demonstra- into the worldwide DoD system. A tion. In the event that a NVNG li- NVNG licensee assumes the risk of any censee fails to demonstrate to DoD liability or damage that it and its di- that it is capable of implementing a

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DoD required frequency change in ac- (2) The affected station(s) of the re- cordance with a demonstration plan es- spective satellite systems may operate tablished by DoD and the NVNG li- in only the selected (1/n) spectrum as- censee, upon the Commission’s receipt sociated with its satellite system while of a written notification from NTIA de- the DT/T of 6 percent threshold is ex- scribing such failure, the Commission ceeded; shall impose additional conditions or (3) All affected station(s) may resume requirements on the NVNG licensee’s operations throughout the assigned fre- authorization as may be necessary to quency bands once the threshold is no protect DoD operations in the 400.15–401 longer exceeded. MHz downlink band until the Commis- [82 FR 59986, Dec. 18, 2017] sion is notified by NTIA that the NVNG licensee has successfully dem- § 25.262 Licensing and domestic co- onstrated its ability to implement a ordination requirements for 17/24 DoD required frequency change. Such GHz BSS space stations. additional conditions or requirements (a) An applicant may be authorized may include, but are not limited to, re- to operate a space station transmitting quiring such NVNG licensee imme- in the 17.3–17.8 GHz band at levels up to diately to terminate its operations the maximum power flux density lim- interfering with the DoD system. its defined in § 25.208(c) and/or § 25.208(w), without coordinating its [62 FR 59296, Nov. 3, 1997, as amended at 78 power flux density levels with adjacent FR 8430, Feb. 6, 2013; 79 FR 8325, Feb. 12, 2014] licensed or permitted operators, only if § 25.261 Sharing among NGSO FSS there is no licensed space station, or space stations. prior-filed application for a space station transmitting in the 17.3–17.8 GHz (a) Scope. This section applies to band at a location less than four de- NGSO FSS operation with earth sta- grees from the orbital location at tions with directional antennas any- which the applicant proposes to oper- where in the world under a Commission ate. license, or in the United States under a (b) Any U.S. licensee or permittee au- grant of U.S. market access. thorized to transmit in the 17.3–17.8 (b) Coordination. NGSO FSS operators GHz band that does not comply with must coordinate in good faith the use the power flux-density limits set forth of commonly authorized frequencies. in § 25.208(c) and/or § 25.208(w) shall bear (c) Default procedure. Absent coordi- the burden of coordinating with any fu- nation between two or more satellite ture co-frequency licensees and permit- systems, whenever the increase in sys- tees of a space station transmitting in tem noise temperature of an earth sta- the 17.3–17.8 GHz band under the fol- tion receiver, or a space station re- lowing circumstances: ceiver for a satellite with on-board (1) If the operator’s space-to-Earth processing, of either system, DT/T, ex- power flux-density levels exceed the ceeds 6 percent due to interference power flux-density limits set forth in from emissions originating in the other § 25.208(c) and/or § 25.208(w) by 3 dB or system in a commonly authorized fre- less, the operator shall bear the burden quency band, such frequency band will of coordinating with any future opera- be divided among the affected satellite tors proposing a space station trans- networks in accordance with the fol- mitting in the 17.3–17.8 GHz band in lowing procedure: compliance with power flux-density (1) Each of n (number of) satellite limits set forth in § 25.208(c) and/or networks involved must select 1/n of § 25.208(w) and located within ±6 degrees the assigned spectrum available in of the operator’s 17/24 GHz BSS space each of these frequency bands. The se- station. lection order for each satellite network (2) If the operator’s space-to-Earth will be determined by the date that the power flux-density levels exceed the first space station in each satellite sys- power flux-density limits set forth in tem is launched and capable of oper- § 25.208(c) and/or § 25.208(w) by more ating in the frequency band under con- than 3 dB, the operator shall bear the sideration; burden of coordinating with any future

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operators proposing a space station trial repeater must, before com- transmitting in the 17.3–17.8 GHz band mencing such operation, provide 10 in compliance with power flux-density business days prior notice to all poten- limits set forth in § 25.208(c) and/or tially affected Wireless Communica- § 25.208(w) and located within ±10 de- tions Service (WCS) licensees. SDARS grees of the operator’s space station. licensees that intend to modify an ex- (3) If no good faith agreement can be isting repeater must, before com- reached, the operator of the space sta- mencing such modified operation, pro- tion transmitting in the 17.3–17.8 GHz vide 5 business days prior notice to all band that does not comply with potentially affected WCS licensees. § 25.208(c) and/or § 25.208(w) shall reduce (1) For purposes of this section, a its space-to-Earth power flux-density ‘‘potentially affected WCS licensee’’ is levels to be compliant with those speci- a WCS licensee that: fied in § 25.208(c) and/or § 25.208(w). (i) Is authorized to operate a base (c) Any U.S. licensee or permittee station in the 2305–2315 MHz or 2350– using a space station transmitting in 2360 MHz bands in the same Major Eco- the 17.3–17.8 GHz band that is required nomic Area (MEA) as that in which the to provide information in its applica- terrestrial repeater is to be located; tion pursuant to § 25.140(b)(4) must accept any increased interference that (ii) Is authorized to operate base sta- may result from adjacent space station in the 2315–2320 MHz or 2345–2350 tions transmitting in the 17.3–17.8 GHz MHz bands in the same Regional Eco- band that are operating in compliance nomic Area Grouping (REAG) as that with the rules for such space stations in which the terrestrial repeater is to specified in §§ 25.140(b), 25.202(a)(9) and be located; (e)–(g), 25.208(c) and (w), 25.210(i)–(j), (iii) In addition to the WCS licensees 25.224, 25.262, 25.264(h), and 25.273(a)(3)). identified in paragraphs (b)(1)(i) and (d) Notwithstanding the provisions of (ii) of this section, in cases in which this, licensees and permittees will be the SDARS licensee plans to deploy or allowed to apply for a license or au- modify a terrestrial repeater within 5 thorization for a replacement satellite kilometers of the boundary of an MEA that will be operated at the same or REAG in which the terrestrial re- power level and interference protection peater is to be located, a potentially as the satellite to be replaced. affected WCS licensee is one that is authorized to operate a WCS base station [83 FR 34491, July 20, 2018] in that neighboring MEA or REAG § 25.263 Information sharing require- within 5 kilometers of the location of ments for SDARS terrestrial re- the terrestrial repeater. peater operators. (2) For the purposes of this section, a This section requires SDARS licens- business day is defined by § 1.4(e)(2) of ees in the 2320–2345 MHz band to share this chapter. information regarding the location and (3) For modifications other than operation of terrestrial repeaters with changes in location, a licensee may WCS licensees in the 2305–2320 MHz and provide notice within 24 hours after the 2345–2360 MHz bands. Section 27.72 of modified operation if the modification this chapter requires WCS licensees to does not result in a predicted increase share information regarding the loca- of the power flux density (PFD) at tion and operation of base stations in ground level by more than 1 dB since the 2305–2320 MHz and 2345–2360 MHz the last advance notice was given. If a bands with SDARS licensees in the demonstration is made by the WCS li- 2320–2345 MHz band. censee that such modifications may (a) SDARS licensees must select ter- cause harmful interference to WCS re- restrial repeater sites and frequencies, ceivers, SDARS licensees will be re- to the extent practicable, to minimize quired to provide notice 5 business days the possibility of harmful interference in advance of additional repeater modi- to WCS base station operations in the fications. 2305–2320 MHz and 2345–2360 MHz bands. (4) SDARS repeaters operating below (b) Notice requirements. SDARS licens- 2 watts equivalent isotropically radi- ees that intend to operate a new terres- ated power (EIRP) are exempt from the

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notice requirements set forth in this formation set forth in § 25.263(c)(2), paragraph. which shall be available upon request (5) SDARS licensees are encouraged by the Commission. to develop separate coordination agree- (d) Calculation of Notice Period. Notice ments with WCS licensees to facilitate periods are calculated from the date of efficient deployment of and coexistence receipt by the licensee being notified. between each service. To the extent the If notification is by mail, the date of provisions of any such coordination receipt is evidenced by the return re- agreement conflict with the require- ceipt on certified mail. If notification ments set forth herein, the procedures is by fax, the date of receipt is evi- established under a coordination agree- denced by the notifying party’s fax ment will control. SDARS licensees transmission confirmation log. If noti- must maintain a copy of any coordina- fication is by e-mail, the date of re- tion agreement with a WCS license in ceipt is evidenced by a return e-mail their station files and disclose it to receipt. If the SDARS licensee and all prospective assignees, transferees, or potentially affected WCS licensees spectrum lessees and, upon request, to reach a mutual agreement to provide the Commission. notification by some other means, that (6) SDARS and WCS licensees may agreement must specify the method for enter into agreements regarding alter- determining the beginning of the no- native notification procedures. tice period. (c) Contents of notice. (1) Notification (e) Duty to cooperate. SDARS licens- must be written (e.g., certified letter, ees must cooperate in good faith in the fax, or e-mail) and include the licens- selection and use of new repeater sites ee’s name, and the name, address, and to reduce interference and make the telephone number of its coordination most effective use of the authorized fa- representative, unless the SDARS li- cilities. SDARS licensees should pro- censee and all potentially affected WCS vide WCS licensees as much lead time licensees reach a mutual agreement to as practicable to provide ample time to provide notification by some other conduct analyses and opportunity for means. WCS licensees and SDARS li- prudent repeater site selection prior to censees may establish such a mutually SDARS licensees entering into real es- agreeable alternative notification tate and tower leasing or purchasing mechanism without prior Commission agreements. Licensees of stations suf- approval, provided that they comply fering or causing harmful interference with all other requirements of this sec- must cooperate in good faith and re- tion. solve such problems by mutually satis- (2) Regardless of the notification factory arrangements. If the licensees method, notification must specify rel- are unable to do so, the International evant technical details, including, at a Bureau, in consultation with the Office minimum: of Engineering and Technology and the (i) The coordinates of the proposed Wireless Telecommunications Bureau, repeater to an accuracy of no less than will consider the actions taken by the ±1 second latitude and longitude; parties to mitigate the risk of and rem- (ii) The proposed operating power(s), edy any alleged interference. In deter- frequency band(s), and emission(s); mining the appropriate action, the Bu- (iii) The antenna center height above reau will take into account the nature ground and ground elevation above and extent of the interference and act mean sea level, both to an accuracy of promptly to remedy the interference. no less than ±1 meter; The Bureau may impose restrictions on (iv) The antenna gain pattern(s) in SDARS licensees, including specifying the azimuth and elevation planes that the transmitter power, antenna height, include the peak of the main beam; and or other technical or operational meas- (v) The antenna downtilt angle(s). ures to remedy the interference, and (3) An SDARS licensee operating ter- will take into account previous meas- restrial repeaters must maintain an ac- ures by the licensees to mitigate the curate and up-to-date inventory of its risk of interference. terrestrial repeaters operating above 2 [75 FR 45069, Aug. 2, 2010, as amended at 78 watts average EIRP, including the in- FR 9619, Feb. 11, 2013]

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

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

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level of ¥117 dBW/m2/100 kHz is not ex- frequency assignments may not be li- ceeded. censed to operate at locations sepa- (2) At the location of any subse- rated by less than 0.2 degrees in orbital quently-filed U.S. DBS space station as longitude. defined in paragraph (d)(1) of this sec- (h) All operational 17/24 GHz BSS tion, where the pfd level submitted in space stations must be maintained in accordance with paragraph (d) of this geostationary orbits that: section, is also in excess of the pfd (1) Do not exceed 0.075° of inclination. level calculated on the basis of the pre- (2) Operate with an apogee less than dicted data submitted in accordance or equal to 35,806 km above the surface with paragraph (a) of this section that of the Earth, and with a perigee great- were on file with the Commission at er than or equal to 35,766 km above the the time the DBS space station appli- surface of the Earth (i.e., an eccen- cation was filed, then the 17/24 GHz tricity of less than 4.7 × 10¥4). broadcasting-satellite operator must (i) U.S. authorized DBS networks either: may claim protection from space path (i) Coordinate with the affected sub- interference arising from the reverse- sequently-filed U.S. DBS space station band operations of U.S. authorized 17/24 operator all of its operations that are GHz BSS networks to the extent that either in excess of the pfd level cal- the DBS space station operates within culated on the basis of the predicted the bounds of inclination and eccen- antenna off-axis gain data, or are in ex- tricity listed below. When the geo- cess of the threshold pfd level of ¥117 stationary orbit of the DBS space sta- dBW/m2/100 kHz, whichever is greater, tion exceeds these bounds on inclina- or tion and eccentricity, it may not claim (ii) Adjust its operating parameters protection from any additional space so that at the location of the subse- path interference arising as a result of quently-filed U.S. DBS space station, its inclined or eccentric operations and either the pfd level calculated on the may only claim protection as if it were basis of the predicted off-axis transmit- operating within the bounds listed ting antenna gain data, or the thresh- below: old pfd level of ¥117 dBW/m2/100 kHz, (1) The DBS space station’s orbit ° whichever is greater, is not exceeded. does not exceed 0.075 of inclination, (3) No coordination or adjustment of and (2) The DBS space station’s orbit operating parameters is required in maintains an apogee less than or equal cases where the DBS and 17/24 GHz BSS to 35,806 km above the surface of the operating frequencies do not overlap. Earth, and a perigee greater than or (f) The 17/24 GHz BSS applicant or li- equal to 35,766 km above the surface of censee must modify its license, or the Earth (i.e., an eccentricity of less amend its application, as appropriate, than 4.7 × 10¥4). based upon new information: (1) If the pfd levels submitted in ac- [76 FR 50431, Aug. 15, 2011, as amended at 81 cordance with paragraph (d) of this sec- FR 55348, Aug. 18, 2016] tion, are in excess of those submitted in accordance with paragraph (b) of § 25.265 Acceptance of interference in 2000–2020 MHz. this section at the location of any prior-filed or subsequently-filed U.S. (a) MSS receivers operating in the DBS space station as defined in para- 2000–2020 MHz band must accept inter- graphs (b)(1) and (d)(1)of this section, ference from lawful operations in the or 1995–2000 MHz band, where such inter- (2) If the 17/24 GHz BSS operator ad- ference is due to: justs its operating parameters in ac- (1) The in-band power of any oper- cordance with paragraphs (e)(1)(ii) or ations in 1995–2000 MHz (i.e., the por- (e)(2)(ii) or this section. tion of transmit power contained in the (g) Absent an explicit agreement be- 1995–2000 MHz band); or tween operators to permit more closely (2) The portion of out-of-band emis- spaced operations, U.S. authorized 17/24 sions contained in 2000–2005 MHz. GHz BSS space stations and U.S. au- (b) [Reserved] thorized DBS space stations with co- [78 FR 8267, Feb. 5, 2013]

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Subpart D—Technical Operations tain a control point within the United States, or maintain a point of contact within the United States available 24 SOURCE: 58 FR 13421, Mar. 11, 1993, unless otherwise noted. hours a day, 7 days a week, with the ability to shut off any earth station § 25.271 Control of transmitting sta- within the network immediately upon tions. notification of harmful interference. (a) The licensee of a facility licensed (d) The licensee shall ensure that the under this part is responsible for the licensed facilities are properly secured proper operation and maintenance of against unauthorized access or use the station. whenever an operator is not present at (b) The licensee of a transmitting the transmitter. For space station op- earth station licensed under this part erations, this includes securing sat- shall ensure that a trained operator is ellite commands against unauthorized present on the earth station site, or at access and use. a designated remote control point for (e) [Reserved] the earth station, at all times that (f) The licensee of any transmitting transmissions are being conducted. No earth station licensed under this part operator’s license is required for a per- must update the contact information son to operate or perform maintenance provided in the most recent license ap- on facilities authorized under this part. plication for the station within 10 days (c) Authority will be granted to oper- of any change therein. The updated in- ate a transmitting earth station by re- formation must be filed electronically mote control only on the conditions in the ‘‘Other Filings’’ tab of the sta- that: tion’s current authorization file in the (1) The parameters of the trans- International Bureau Filing System. missions of the remote station monitored at the control point, and the (g) All applicants shall ensure com- operational functions of the remote pliance with the Commission’s radio earth stations that can be controlled frequency exposure requirements in by the operator at the control point, §§ 1.1307(b), 2.1091, and 2.1093 of this are sufficient to ensure that the oper- chapter, as appropriate. Applicants ations of the remote station(s) are at with terminals that will exceed the all times in full compliance with the guidelines in § 1.1310 of this chapter for remote station authorization(s); radio frequency radiation exposure (2) The earth station facilities are shall provide a plan for mitigation of protected by appropriate security radiation exposure to the extent re- measures to prevent unauthorized quired to meet those guidelines. Li- entry or operations; censees of transmitting earth stations (3) Upon detection by the licensee, or are prohibited from using remote earth upon notification from the Commission stations in their networks that are not of a deviation or upon notification by designed to stop transmission when another licensee of harmful inter- synchronization to signals from the ference, the operation of the remote target satellite fails. station shall be immediately suspended [58 FR 13421, Mar. 11, 1993, as amended at 66 by the operator at the control point FR 10631, Feb. 16, 2001; 70 FR 4787, Jan. 31, until the deviation or interference is 2005; 70 FR 32257, June 2, 2005; 74 FR 47107, corrected, except that transmissions Sept. 15, 2009; 78 FR 8430, Feb. 6, 2013; 79 FR concerning the immediate safety of life 8325, Feb. 12, 2014; 81 FR 55349, Aug. 18, 2016; or property may be conducted for the 82 FR 59986, Dec. 18, 2017; 85 FR 18150, Apr. 1, duration of the emergency; and 2020; 85 FR 52453, Aug. 25, 2020] (4) The licensee shall have available at all times the technical personnel § 25.272 General inter-system coordi- necessary to perform expeditiously the nation procedures. technical servicing and maintenance of (a) Each space station licensee in the the remote stations. Fixed-Satellite Service shall establish (5) Operators of blanket-licensed GSO a satellite network control center FSS earth station networks that pro- which will have the responsibility to do vide international service must main- the following:

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

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

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

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acknowledging its coordination respon- Telecommunications and Information sibilities under § 25.277. Administration (NTIA). (ii) The Commission will use its ex- [58 FR 13421, Mar. 11, 1993, as amended at 62 isting procedures to reach agreement FR 5931, Feb. 10, 1997; 70 FR 4787, Jan. 31, 2005; 70 FR 32257, June 2, 2005] with NTIA to achieve compatible operations between federal government § 25.278 Additional coordination obli- users under the jurisdiction of NTIA gation for non-geostationary and and inter-satellite service systems geostationary satellite systems in through frequency assignment and co- frequencies allocated to the fixed- ordination practice established by satellite service. NTIA and the Interdepartment Radio Licensees of non-geostationary sat- Advisory Committee (IRAC). In order ellite systems that use frequency bands to facilitate such frequency assign- allocated to the Fixed-Satellite Service ment and coordination, applicants for their feeder link operations shall shall provide the Commission with suf- coordinate their operations with li- ficient information to evaluate electro- censees of geostationary Fixed-Sat- magnetic compatibility with the fed- ellite Service systems licensed by the eral government users of the spectrum, Commission for operation in the same and any additional information re- frequency bands. Licensees of geo- quested by the Commission. As part of stationary Fixed-Satellite Service sys- the coordination process, applicants tems in the frequency bands that are shall show that they will not cause in- licensed to non-geostationary satellite terference to authorized federal gov- systems for feeder link operations shall ernment users, based upon existing sys- coordinate their operations with the li- tem information provided by the government. The frequency assignment censees of such non-geostationary sat- and coordination of the satellite sys- ellite systems. tem shall be completed prior to grant [59 FR 53330, Oct. 21, 1994, as amended at 78 of construction authorization. FR 8431, Feb. 6, 2013] (2) Coordination among inter-satellite service systems. Applicants for authority § 25.279 Inter-satellite service. to establish inter-satellite service are (a) Any satellite communicating with encouraged to coordinate their pro- other space stations may use fre- posed frequency usage with existing quencies in the inter-satellite service permittees and licensees in the inter- as indicated in § 2.106 of this chapter. satellite service whose facilities could This does not preclude the use of other be affected by the new proposal in frequencies for such purposes as pro- terms of frequency interference or re- vided for in several service definitions, stricted system capacity. All affected e.g., FSS. The technical details of the applicants, permittees, and licensees, proposed inter-satellite link shall be shall at the direction of the Commis- provided in accordance with § 25.114(c). sion, cooperate fully and make every (b) Operating conditions. In order to reasonable effort to resolve technical ensure compatible operations with au- problems and conflicts that may in- thorized users in the frequency bands hibit effective and efficient use of the to be utilized for operations in the radio spectrum; however, the permittee inter-satellite service, these inter-sat- or licensee being coordinated with is ellite service systems must operate in not obligated to suggest changes or re- accordance with the conditions speci- engineer an applicant’s proposal in fied in this section. cases involving conflicts. (1) Coordination requirements with fed- [59 FR 53331, Oct. 21, 1994, as amended at 65 eral government users. (i) In frequency FR 59144, Oct. 4, 2000] bands allocated for use by the inter- satellite service that are also author- § 25.280 Inclined orbit operations. ized for use by agencies of the federal (a) Satellite operators may com- government, the federal use of fre- mence operation in inclined orbit mode quencies in the inter-satellite service without obtaining prior Commission frequency bands is under the regu- authorization provided that the Com- latory jurisdiction of the National mission is notified by letter within 30

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days after the last north-south station ±25 kHz and modulate the uplink radio keeping maneuver. The notification frequency carrier at a level no less shall include: than ¥26 dB (referenced to the (1) The operator’s name; unmodulated carrier). (2) The date of commencement of in- (iv) ATIS subcarrier deviation must clined orbit operation; not exceed 25 kHz. (3) The initial inclination; (v) The ATIS message protocol must (4) The rate of change in inclination be International Morse Code keyed by per year; and a 1200 Hz ±800 Hz tone representing a (5) The expected end-of-life of the mark and a message rate of 15 to 25 satellite accounting for inclined orbit words per minute. The tone must fre- operation, and the maneuvers specified quency-modulate the subcarrier signal under § 25.283 of the Commission’s with the ATIS message. rules. (vi) The ATIS message must include (b) Licensees operating in inclined- the FCC-assigned call sign of the trans- orbit are required to: mitting earth station, a telephone (1) Periodically correct the satellite number providing immediate access to attitude to achieve a stationary space- personnel capable of resolving inter- craft antenna pattern on the surface of ference or coordination problems, and a the Earth and centered on the sat- unique serial number of ten or more ellite’s designated service area; digits programmed into the ATIS mes- (2) Control all electrical interference sage in a permanent manner so that it to adjacent satellites, as a result of op- cannot be readily changed by the oper- erating in an inclined orbit, to levels ator on duty. Additional information not to exceed that which would be may be included in the ATIS data caused by the satellite operating with- stream provided the total ATIS mes- out an inclined orbit; sage length does not exceed 30 seconds. (3) Not claim protection in excess of (2) Use of a direct sequence spread the protection that would be received spectrum ATIS signal must be in ac- by the satellite network operating cordance with the requirements in without an inclined orbit; and paragraphs (b)(1) and (2) of this section. (4) Continue to maintain the space (b) As of September 3, 2017, trans- station at the authorized longitude or- missions of fixed-frequency, digitally bital location in the geostationary sat- modulated video signals with a symbol ellite arc with the appropriate east- rate of 128,000/s or more from a tem- west station-keeping tolerance. porary-fixed earth station must be [69 FR 54587, Sept. 9, 2004] identified through use of an ATIS in accordance with the requirements that § 25.281 Transmitter identification re- follow. quirements for video uplink trans- (1) The ATIS message must be modu- missions. lated onto a direct sequence spread (a) Earth-to-space transmissions car- spectrum signal in accordance with the rying video information with analog DVB–CID standard, ETSI TS 103 129 modulation must be identified through V1.1.2 (2014–03) (incorporated by refuse of an Automatic Transmitter Iden- erence, see § 25.108). tification System (ATIS) with an ana- (2) The ATIS message must continu- log identifier or a direct sequence ously repeat. spread spectrum signal. (1) Use of an analog identifier must NOTE 1 TO PARAGRAPH (b): Paragraph (b) is waived for earth stations using modulators be in accordance with the following re- manufactured before August 1, 2017, that quirements: cannot be made compliant with the DVB– (i) The ATIS signal must be a sepa- CID standard by a software upgrade. rate subcarrier that is automatically activated whenever any radio fre- (c) ATIS equipment must be inte- quency signal is transmitted. grated into the uplink transmitter (ii) The ATIS message must continu- chain with a method that cannot easily ously repeat. be defeated. (iii) The ATIS subcarrier signal must [79 FR 8325, Feb. 12, 2014; 81 FR 33601, May 31, be generated at a frequency of 7.1 MHz 2016, as amended at 82 FR 40494, Aug. 25, 2017]

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§ 25.282 Orbit raising maneuvers. terference to other space stations, and coordinated with any potentially af- A space station authorized to operate fected satellite networks. in the geostationary satellite orbit (c) All space stations. Upon completion under this part is also authorized to of any relocation authorized by para- transmit in connection with short- graph (b) of this section, or any reloca- term, transitory maneuvers directly tion at end-of-life specified in an au- related to post-launch, orbit-raising thorization, or upon a spacecraft other- maneuvers, provided that the following wise completing its authorized mission, conditions are met: a space station licensee shall ensure, (a) Authority is limited to those unless prevented by technical failures tracking, telemetry, and control fre- beyond its control, that stored energy quencies in which the space station is sources on board the satellite are dis- authorized to operate once it reaches charged, by venting excess propellant, its assigned geostationary orbital loca- discharging batteries, relieving pres- tion; sure vessels, or other appropriate (b) The space station operator will measures. coordinate on an operator-to-operator (d) The minimum perigee require- basis with any potentially affected sat- ment of paragraph (a) of this section ellite networks. shall not apply to space stations (c) The space station licensee is re- launched prior to March 18, 2002. quired to accept interference from any lawfully operating satellite network or [69 FR 54588, Sept. 9, 2004, as amended at 78 radio communication system. FR 8431, Feb. 6, 2013; 81 FR 55349, Aug. 18, 2016] [69 FR 54587, Sept. 9, 2004, as amended at 85 FR 52453, Aug. 25, 2020] § 25.284 [Reserved]

§ 25.283 End-of-life disposal. § 25.285 Operation of MSS and ATC (a) Geostationary orbit space stations. transmitters or transceivers on Unless otherwise explicitly specified in board civil aircraft. an authorization, a space station au- (a) Operation of any of the following thorized to operate in the geo- devices aboard civil aircraft is prohib- stationary satellite orbit under this ited, unless the device is installed in a part shall be relocated, at the end of its manner approved by the Federal Avia- useful life, barring catastrophic failure tion Administration or is used by the of satellite components, to an orbit pilot or with the pilot’s consent: with a perigee with an altitude of no (1) Earth stations capable of trans- less than: mitting in the 1.5/1.6 GHz, 1.6/2.4 GHz, 36,021 km + (1000·C ·A/m) or 2 GHz Mobile-Satellite Service fre- R quency bands; where CR is the solar radiation pressure (2) ATC terminals capable of trans- coefficient of the spacecraft, and A/ mitting in the 1.5/1.6 GHz or 1.6/2.4 GHz m is the Area to mass ratio, in MSS bands; square meters per kilogram, of the (3) Earth stations used for non-voice, spacecraft. non-geostationary Mobile-Satellite (b) A space station authorized to op- Service communication that can emit erate in the geostationary satellite radiation in the 108–137 MHz band. orbit under this part may operate (b) No portable device of any type using its authorized tracking, telem- identified in paragraph (a) of this sec- etry and control frequencies, and out- tion (including transmitter or trans- side of its assigned orbital location, for ceiver units installed in other devices the purpose of removing the satellite that are themselves portable) may be from the geostationary satellite orbit sold or distributed to users unless it at the end of its useful life, provided conspicuously bears the following that the conditions of paragraph (a) of warning: ‘‘This device must be turned this section are met, and on the condi- off at all times while on board air- tion that the space station’s tracking, craft.’’ For purposes of this section, a telemetry and control transmissions device is portable if it is a ‘‘portable are planned so as to avoid electrical in- device’’ as defined in § 2.1093(b) of this

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chapter or is designed to be carried by channel or signaling within the com- hand. munications channel must monitor the [79 FR 8325, Feb. 12, 2014] signaling channel at the end of each transmission. § 25.286 Antenna painting and light- (6) Each MES must automatically in- ing. hibit its transmissions if it is not cor- The owner of an earth station an- rectly receiving separate signaling tenna structure must comply with all channel or signaling within the com- applicable painting, marking, and/or munications channel from its associ- lighting requirements in part 17 of this ated LES. chapter. In the event of default by the (7) Each MES must automatically in- owner, the station licensee will be re- hibit its transmissions on any or all sponsible for ensuring that such re- channels upon receiving a channel- quirements are met. shut-off command on a signaling or [79 FR 8326, Feb. 12, 2014] communications channel it is receiving from its associated LES. § 25.287 Requirements pertaining to (8) Each MES with a requirement to operation of mobile stations in the handle maritime distress and safety NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, and communications must have the capa- 2 GHz Mobile-Satellite Service bility within the station to automati- bands. cally preempt lower precedence traffic. (a) Any mobile earth station (MES) (b) Any LES for an MSS system oper- operating in the 1530–1544 MHz and ating in the 1530–1544 MHz and 1626.5– 1626.5–1645.5 MHz bands must have the 1645.5 MHz bands must have the fol- following minimum set of capabilities lowing minimum set of capabilities to to ensure compliance with Footnote ensure compliance with Footnotes 5.353A in 47 CFR 2.106 and the priority 5.353A and the priority and real-time and real-time preemption requirements preemption requirements imposed by imposed by Footnote US315. Footnote US315. An LES fulfilling (1) All MES transmissions must have these requirements must not have any a priority assigned to them that pre- additional priority with respect to FSS serves the priority and preemptive ac- stations operating with other systems. cess given to maritime distress and (1) LES transmissions to MESs must safety communications sharing the have a priority assigned to them that band. preserves the priority and preemptive (2) Each MES with a requirement to access given to maritime distress and handle maritime distress and safety safety communications pursuant to data communications must be capable paragraph (a) of this section. of either: (i) Recognizing message and call pri- (2) The LES must recognize the priority identification when transmitted ority of calls to and from MESs and from its associated Land Earth Station make channel assignments taking into (LES), or account the priority access that is (ii) Accepting message and call pri- given to maritime distress and safety ority identification embedded in the communications. message or call when transmitted from (3) The LES must be capable of re- its associated LES and passing the ceiving the MES identification number identification to shipboard data mes- when transmitted and verifying that it sage processing equipment. is an authorized user of the system to (3) Each MES must be assigned a prohibit unauthorized access. unique terminal identification number (4) The LES must be capable of trans- that will be transmitted upon any at- mitting channel assignment commands tempt to gain access to a system. to the MESs. (4) After an MES has gained access to (5) The communications channels a system, the mobile terminal must be used between the LES and the MES under control of an LES and must ob- shall have provision for signaling with- tain all channel assignments from it. in the voice/data channel, for an MES (5) All MESs that do not continu- that does not continuously monitor the ously monitor a separate signaling LES signaling channel during a call.

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(6) The LES must transmit periodic tions (incorporated by reference, control signals to MESs that do not § 25.108) will be considered as having continuously monitor the LES sig- fulfilled this obligation with respect to naling channel. any GSO network. (7) The LES must automatically inhibit transmissions to an MES to [82 FR 59986, Dec. 18, 2017] which it is not transmitting in a sig- § 25.290 Responsibility of licensee for naling channel or signaling within the blanket-licensed earth station oper- communications channel. ation. (8) The LES must be capable of transmitting channel-shut-off commands to The holder of an FCC blanket earth MESs on signaling or communications station license is responsible for oper- channels. ation of any earth station under that (9) Each LES must be capable of in- license. Operators of satellite networks terrupting, and if necessary, pre- and systems must not transmit com- empting ongoing routine traffic from munications to or from such earth sta- an MES in order to complete a mari- tions in the United States unless such time distress, urgency or safety call to communications are authorized under that MES. a service contract with the holder of a (10) Each LES must be capable of pertinent FCC blanket earth station li- automatically turning off one or more cense or under a service contract with of its associated channels in order to another party with authority for such complete a maritime distress, urgency operation delegated by such a blanket or safety call. licensee. (c) No person without an FCC license [84 FR 53659, Oct. 8, 2019] for such operation may transmit to a space station in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz Mobile-Satellite Subpart E—Miscellaneous Service from anywhere in the United States except to receive service from § 25.301 Satellite Emergency Notifica- tion Devices (SENDs). the holder of a pertinent FCC blanket license or from another party with the No device described by the marketer permission of such a blanket licensee. or seller using the terms ‘‘SEND’’ or ‘‘Satellite Emergency Notification De- [79 FR 8326, Feb. 12, 2014, as amended at 84 FR 53659, Oct. 8, 2019] vice’’ may be marketed or sold in the United States unless it complies with § 25.288 Obligation to remedy inter- the requirements of RTCM 12800.0. ference caused by NGSO MSS feed- RTCM 12800.0, ‘‘Satellite Emergency er downlinks in the 6700–6875 MHz Notification Devices (SENDs),’’ dated band. August 1, 2011 is incorporated by ref- If an NGSO MSS satellite transmit- erence in accordance with 5 U.S.C. ting in the 6700–6875 MHz band causes 552(a), and 1 CFR part 51. Copies of the harmful interference to previously li- document are available and may be ob- censed co-frequency Public Safety fa- tained from the Radio Technical Com- cilities, the satellite operator has an mission for Maritime Services, 1611 N. obligation to remedy the interference. Kent Street, Suite 605, Arlington, Vir- ginia 22209. The document is available [81 FR 55349, Aug. 18, 2016] for inspection at Commission head- § 25.289 Protection of GSO networks quarters at 445 12th Street SW., Wash- by NGSO systems. ington, DC 20554. Copies may also be inspected at the National Archives and Unless otherwise provided in this Records Administration (NARA). For chapter, an NGSO system licensee information on the availability of this must not cause unacceptable inter- material at NARA, call 202–741–6030, or ference to, or claim protection from, a go to: http://www.archives.gov/fed- GSO FSS or GSO BSS network. An erallregister/ NGSO FSS licensee operating in com- codeloflfederallregulations/ pliance with the applicable equivalent ibrllocations.html. power flux-density limits in Article 22, Section II of the ITU Radio Regula- [81 FR 90745, Dec. 15, 2016]

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Subpart F—Competitive Bidding its pending application to provide the Procedures for DARS information required by § 25.144. [67 FR 45373, July 9, 2002] SOURCE: 62 FR 11106, Mar. 11, 1997, unless otherwise noted. §§ 25.405–25.406 [Reserved] § 25.401 Satellite DARS applications Subparts G–H [Reserved] subject to competitive bidding. Mutually exclusive initial applica- Subpart I—Equal Employment tions for DARS service licenses are Opportunities subject to competitive bidding. The general competitive bidding procedures § 25.601 Equal employment opportuni- set forth in part 1, subpart Q of this ties. chapter will apply unless otherwise Notwithstanding other EEO provi- provided in this part. sions within these rules, an entity that [67 FR 45373, July 9, 2002] uses an owned or leased Fixed-Satellite Service or Direct Broadcast Satellite § 25.402 [Reserved] Service or 17/24 GHz Broadcasting-Sat- ellite Service facility (operating under § 25.403 Bidding application and cer- this part) to provide video program- tification procedures. ming directly to the public on a sub- Submission of Supplemental Applica- scription basis must comply with the tion Information. In order to be eligi- equal employment opportunity re- ble to bid, each pending applicant must quirements set forth in part 76, subpart timely submit certain supplemental in- E, of this chapter, if such entity exer- formation. All supplemental informa- cises control (as defined in part 76, sub- tion shall be filed by the applicant five part E, of this chapter) over the video days after publication of these rules in programming it distributes. Notwith- the FEDERAL REGISTER. The supple- standing other EEO provisions within mental information must be certified these rules, a licensee or permittee of a and include the following: direct broadcast satellite station oper- (a) Applicant’s name; ating as a broadcaster, and a licensee (b) Mailing Address (no Post Office or permittee in the satellite DARS boxes); service, must comply with the equal (c) City; employment opportunity requirements (d) State; set forth in 47 CFR part 73. (e) ZIP Code; [72 FR 50033, Aug. 29, 2007, as amended at 78 (f) Auction Number 15; FR 8431, Feb. 6, 2013; 81 FR 10122, Feb. 29, (g) FCC Account Number; 2016] (h) Person(s) authorized to make or withdraw a bid (list up to three individ- Subpart J—Public Interest uals); Obligations (i) Certifications and name and title of person certifying the information § 25.701 Other DBS Public interest ob- provided; ligations. (j) Applicant’s contact person and (a) DBS providers are subject to the such person’s telephone number, E- public interest obligations set forth in mail address and FAX number; and paragraphs (b), (c), (d), (e) and (f) of (k) Signature and date. this section. As used in this section, DBS providers are any of the following: § 25.404 Submission of down payment (1) Entities licensed to operate sat- and filing of long-form applications. ellites in the 12.2 to 12.7 GHz DBS fre- A high bidder that meets its down quency bands; or payment obligations in a timely man- (2) Entities licensed to operate sat- ner must, within thirty (30) business ellites in the Ku band Fixed-Satellite days after being notified that it is a Service and that sell or lease capacity high bidder, submit an amendment to to a video programming distributor

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that offers service directly to con- subject to the exclusive control of the sumers providing a sufficient number DBS provider. of channels so that four percent of the (3) Reasonable access. (i) DBS pro- total applicable programming channels viders must comply with section yields a set aside of at least one chan- 312(a)(7) of the Communications Act of nel of non commercial programming 1934, as amended, by allowing reason- pursuant to paragraph (e) of this sec- able access to, or permitting purchase tion, or of reasonable amounts of time for, the (3) Non U.S. licensed satellite opera- use of their facilities by a legally tors in the Ku band that offer video qualified candidate for federal elective programming directly to consumers in office on behalf of his or her candidacy. the United States pursuant to an earth (ii) Weekend access. For purposes of station license issued under part 25 of providing reasonable access, DBS pro- this title and that offer a sufficient viders shall make facilities available number of channels to consumers so that four percent of the total applica- for use by federal candidates on the ble programming channels yields a set weekend before the election if the DBS aside of one channel of noncommercial provider has provided similar access to programming pursuant to paragraph commercial advertisers during the year (e) of this section, or preceding the relevant election period. (4) Entities licensed to operate sat- DBS providers shall not discriminate ellites in the 17/24 GHz BSS that offer between candidates with regard to video programming directly to con- weekend access. sumers or that sell or lease capacity to (4) Use of facilities; equal opportunities. a video programming distributor that DBS providers must comply with sec- offers service directly to consumers tion 315 of the Communications Act of providing a sufficient number of chan- 1934, as amended, by providing equal nels so that four percent of the total opportunities to legally qualified can- applicable programming channels didates for DBS origination program- yields a set aside of at least one chan- ming. nel of noncommercial programming (i) General requirements. Except as pursuant to paragraph (e) of this sec- otherwise indicated in § 25.701(b)(3), no tion, or DBS provider is required to permit the (5) Non U.S. licensed satellite opera- use of its facilities by any legally tors in the 17/24 GHz BSS that offer qualified candidate for public office, video programming directly to con- but if a DBS provider shall permit any sumers in the United States or that such candidate to use its facilities, it sell or lease capacity to a video pro- shall afford equal opportunities to all gramming distributor that offers serv- other candidates for that office to use ice directly to consumers in the United such facilities. Such DBS provider States pursuant to an earth station li- shall have no power of censorship over cense issued under part 25 of this title the material broadcast by any such and that offer a sufficient number of candidate. Appearance by a legally channels to consumers so that four per- qualified candidate on any: cent of the total applicable program- (A) Bona fide newscast; ming channels yields a set aside of one channel of noncommercial program- (B) Bona fide news interview; ming pursuant to paragraph (e) of this (C) Bona fide news documentary (if section. the appearance of the candidate is inci- (b) Political broadcasting require- dental to the presentation of the sub- ments— ject or subjects covered by the news (1) Legally qualified candidates for documentary); or public office for purposes of this sec- (D) On the spot coverage of bona fide tion are as defined in § 73.1940 of this news events (including, but not limited chapter. to political conventions and activities (2) DBS origination programming is incidental thereto) shall not be deemed defined as programming (exclusive of to be use of a DBS provider’s facility. broadcast signals) carried on a DBS fa- (Section 315(a) of the Communications cility over one or more channels and Act.)

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(ii) Uses. As used in this section and didate, the lowest unit charge of the § 25.701(c), the term ‘‘use’’ means a can- DBS provider for the same class and didate appearance (including by voice amount of time for the same period. or picture) that is not exempt under (A) A candidate shall be charged no paragraphs (b)(3)(i)(A) through more per unit than the DBS provider (b)(3)(i)(D) of this section. charges its most favored commercial (iii) Timing of request. A request for advertisers for the same classes and equal opportunities must be submitted amounts of time for the same periods. to the DBS provider within 1 week of Any facility practices offered to com- the day on which the first prior use mercial advertisers that enhance the giving rise to the right of equal oppor- value of advertising spots must be dis- tunities occurred: Provided, however, closed and made available to can- That where the person was not a candidates upon equal terms. Such prac- didate at the time of such first prior tices include but are not limited to any use, he or she shall submit his or her discount privileges that affect the request within 1 week of the first sub- value of advertising, such as bonus sequent use after he or she has become spots, time sensitive make goods, pre- a legally qualified candidate for the of- emption priorities, or any other factors fice in question. that enhance the value of the an- (iv) Burden of proof. A candidate re- nouncement. questing equal opportunities of the (B) The Commission recognizes non DBS provider or complaining of non- preemptible, preemptible with notice, compliance to the Commission shall immediately preemptible and run of have the burden of proving that he or schedule as distinct classes of time. she and his or her opponent are legally (C) DBS providers may establish and qualified candidates for the same pub- define their own reasonable classes of lic office. immediately preemptible time so long (v) Discrimination between candidates. as the differences between such classes In making time available to candidates are based on one or more demonstrable for public office, no DBS provider shall benefits associated with each class and make any discrimination between can- are not based solely upon price or iden- didates in practices, regulations, facili- tity of the advertiser. Such demon- ties, or services for or in connection strable benefits include, but are not with the service rendered pursuant to limited to, varying levels of preemp- this part, or make or give any pref- tion protection, scheduling flexibility, erence to any candidate for public of- or associated privileges, such as guar- fice or subject any such candidate to anteed time sensitive make goods. DBS any prejudice or disadvantage; nor providers may not use class distinc- shall any DBS provider make any con- tions to defeat the purpose of the low- tract or other agreement that shall est unit charge requirement. All class- have the effect of permitting any le- es must be fully disclosed and made gally qualified candidate for any public available to candidates. office to use DBS origination program- (D) DBS providers may establish rea- ming to the exclusion of other legally sonable classes of preemptible with no- qualified candidates for the same pub- tice time so long as they clearly define lic office. all such classes, fully disclose them (c) Candidate rates—(1) Charges for use and make them available to can- of DBS facilities. The charges, if any, didates. made for the use of any DBS facility by (E) DBS providers may treat non any person who is a legally qualified preemptible and fixed position as dis- candidate for any public office in con- tinct classes of time provided that they nection with his or her campaign for articulate clearly the differences be- nomination for election, or election, to tween such classes, fully disclose them, such office shall not exceed: and make them available to can- (i) During the 45 days preceding the didates. date of a primary or primary runoff (F) DBS providers shall not establish election and during the 60 days pre- a separate, premium priced class of ceding the date of a general or special time sold only to candidates. DBS pro- election in which such person is a can- viders may sell higher priced non

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preemptible or fixed time to candidates vided a time sensitive make good dur- if such a class of time is made avail- ing the year preceding the pre election able on a bona fide basis to both can- periods, respectively set forth in para- didates and commercial advertisers, graph (c)(1)(i) of this section, to any and provided such class is not function- commercial advertiser who purchased ally equivalent to any lower priced time in the same class. class of time sold to commercial adver- (M) DBS providers must disclose and tisers. make available to candidates any (G) [Reserved] make good policies provided to com- (H) Lowest unit charge may be cal- mercial advertisers. If a DBS provider culated on a weekly basis with respect places a make good for any commercial to time that is sold on a weekly basis, advertiser or other candidate in a more such as rotations through particular valuable program or daypart, the value programs or dayparts. DBS providers of such make good must be included in electing to calculate the lowest unit the calculation of the lowest unit charge by such a method must include charge for that program or daypart. in that calculation all rates for all an- (ii) At any time other than the re- nouncements scheduled in the rotation, spective periods set forth in paragraph including announcements aired under (c)(1)(i) of this section, DBS providers long term advertising contracts. DBS may charge legally qualified can- providers may implement rate in- didates for public office no more than creases during election periods only to the charges made for comparable use of the extent that such increases con- the facility by commercial advertisers. stitute ‘‘ordinary business practices,’’ The rates, if any, charged all such can- such as seasonal program changes or didates for the same office shall be uni- changes in audience ratings. form and shall not be rebated by any (I) DBS providers shall review their means, direct or indirect. A candidate advertising records periodically shall be charged no more than the rate throughout the election period to de- the DBS provider would charge for termine whether compliance with this comparable commercial advertising. section requires that candidates re- All discount privileges otherwise of- ceive rebates or credits. Where necessary, DBS providers shall issue such fered by a DBS provider to commercial rebates or credits promptly. advertisers must be disclosed and made (J) Unit rates charged as part of any available upon equal terms to all can- package, whether individually nego- didates for public office. tiated or generally available to all ad- (2) If a DBS provider permits a can- vertisers, must be included in the low- didate to use its facilities, it shall est unit charge calculation for the make all discount privileges offered to same class and length of time in the commercial advertisers, including the same time period. A candidate cannot lowest unit charges for each class and be required to purchase advertising in length of time in the same time period every program or daypart in a package and all corresponding discount privi- as a condition for obtaining package leges, available on equal terms to all unit rates. candidates. This duty includes an af- (K) DBS providers are not required to firmative duty to disclose to can- include non cash promotional merchan- didates information about rates, terms, dising incentives in lowest unit charge conditions and all value enhancing dis- calculations; provided, however, that count privileges offered to commercial all such incentives must be offered to advertisers, as provided herein. DBS candidates as part of any purchases providers may use reasonable discre- permitted by the system. Bonus spots, tion in making the disclosure; pro- however, must be included in the cal- vided, however, that the disclosure in- culation of the lowest unit charge cal- cludes, at a minimum, the following in- culation. formation: (L) Make goods, defined as the re- (i) A description and definition of scheduling of preempted advertising, each class of time available to com- shall be provided to candidates prior to mercial advertisers sufficiently com- election day if a DBS provider has pro- plete enough to allow candidates to

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identify and understand what specific gramming on weekends, or more that attributes differentiate each class; 12 minutes of commercial matter per (ii) A description of the lowest unit hour on week days. charge and related privileges (such as (2) This rule shall not apply to pro- priorities against preemption and grams aired on a broadcast television make goods prior to specific deadlines) channel which the DBS provider pas- for each class of time offered to com- sively carries, or to channels over mercial advertisers; which the DBS provider may not exer- (iii) A description of the DBS pro- cise editorial control, pursuant to 47 vider’s method of selling preemptible U.S.C. 335(b)(3). time based upon advertiser demand, (3) DBS providers airing children’s commonly known as the ‘‘current sell- programming must maintain in the on- ing level,’’ with the stipulation that line file hosted by the Commission candidates will be able to purchase at records sufficient to verify compliance these demand generated rates in the with this rule. Such records must be same manner as commercial adver- maintained for a period sufficient to tisers; cover the limitations period specified (iv) An approximation of the likeli- in 47 U.S.C. 503(b)(6)(B). hood of preemption for each kind of NOTE 1 TO PARAGRAPH (e): Commercial matter preemptible time; and means airtime sold for purposes of selling a (v) An explanation of the DBS pro- product or service. vider’s sales practices, if any, that are NOTE 2 TO PARAGRAPH (e): For purposes of based on audience delivery, with the this section, children’s programming refers stipulation that candidates will be able to programs originally produced and broad- to purchase this kind of time, if avail- cast primarily for an audience of children 12 able to commercial advertisers. years old and younger. (3) Once disclosure is made, DBS pro- (f) Carriage obligation for non- viders shall negotiate in good faith to commercial programming— actually sell time to candidates in ac- (1) Reservation requirement. DBS pro- cordance with the disclosure. viders shall reserve four percent of (d) Political file. Each DBS provider their channel capacity exclusively for shall maintain a complete and orderly use by qualified programmers for non- political file. commercial programming of an edu- (1) The political file shall contain, at cational or informational nature. a minimum: Channel capacity shall be determined (i) A record of all requests for DBS annually by calculating, based on origination time, the disposition of measurements taken on a quarterly those requests, and the charges made, basis, the average number of channels if any, if the request is granted. The available for video programming on all ‘‘disposition’’ includes the schedule of satellites licensed to the provider dur- time purchased, when spots actually ing the previous year. DBS providers aired, the rates charged, and the class- may use this reserved capacity for any es of time purchased; and purpose until such time as it is used for (ii) A record of the free time provided noncommercial educational or infor- if free time is provided for use by or on mational programming. behalf of candidates. (2) Qualified programmer. For purposes (2) All records required to be retained of these rules, a qualified programmer by this section must be placed in the is: political file as soon as possible and (i) A noncommercial educational must be retained for a period of two broadcast station as defined in section years. After the effective date of this 397(6) of the Communications Act of section, DBS providers shall place all 1934, as amended, new political file material required to (ii) A public telecommunications en- be retained by this section in the on- tity as defined in section 397(12) of the line file hosted by the Commission. Communications Act of 1934, as amend- (e) Commercial limits in children’s pro- ed, grams. (1) No DBS provider shall air (iii) An accredited nonprofit edu- more than 10.5 minutes of commercial cational institution or a governmental matter per hour during children’s pro- organization engaged in the formal

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education of enrolled students (A pub- from negotiating rates with qualified licly supported educational institution programmers that are less than 50 per- must be accredited by the appropriate cent of direct costs or from paying state department of education; a pri- qualified programmers for the use of vately controlled educational institu- their programming. tion must be accredited by the appro- (iv) DBS providers shall reserve dis- priate state department of education or crete channels and offer these to quali- the recognized regional and national fying programmers at consistent times accrediting organizations), or to fulfill the reservation requirement (iv) A nonprofit organization whose described in these rules. purposes are educational and include (6) Public file. (i) In addition to the providing educational and instruc- political file requirements in § 25.701, tional television material to such ac- each DBS provider shall maintain in credited institutions and governmental the online file hosted by the Commis- organizations. sion a complete and orderly record of: (v) Other noncommercial entities (A) Quarterly measurements of chan- with an educational mission. nel capacity and yearly average cal- (3) Editorial control. (i) A DBS oper- culations on which it bases its four per- ator will be required to make capacity cent reservation, as well as its response available only to qualified program- to any capacity changes; mers and may select among such pro- (B) A record of entities to whom non- grammers when demand exceeds the commercial capacity is being provided, capacity of their reserved channels. the amount of capacity being provided (ii) A DBS operator may not require to each entity, the conditions under the programmers it selects to include which it is being provided and the particular programming on its chan- rates, if any, being paid by the entity; nels. (C) A record of entities that have re- (iii) A DBS operator may not alter or quested capacity, disposition of those censor the content of the programming requests and reasons for the disposi- provided by the qualified programmer tion. using the channels reserved pursuant (D) Each satellite carrier shall, no to this section. later than July 31, 2020, provide an up- (4) Non-commercial channel limita- to-date email address for carriage election. A DBS operator cannot initially tion notice submissions and an up-to- select a qualified programmer to fill date phone number for carriage-related more than one of its reserved channels questions. Each satellite carrier is re- except that, after all qualified entities sponsible for the continuing accuracy that have sought access have been of- and completeness of the information fered access on at least one channel, a furnished. It must respond to questions provider may allocate additional chan- from broadcasters as soon as is reason- nels to qualified programmers without ably possible. having to make additional efforts to (ii) All records required by paragraph secure other qualified programmers. (i) of this paragraph shall be placed in (5) Rates, terms and conditions. (i) In the online file hosted by the Commis- making the required reserved capacity sion as soon as possible and shall be re- available, DBS providers cannot charge tained for a period of two years. rates that exceed costs that are di- (iii) Each DBS provider must also rectly related to making the capacity place in the online file hosted by the available to qualified programmers. Di- Commission the records required to be rect costs include only the cost of placed in the public inspection file by transmitting the signal to the uplink § 25.701(e) (commercial limits in chil- facility and uplinking the signal to the dren’s programs) and by § 25.601 and 47 satellite. CFR part 76, subpart E (equal employ- (ii) Rates for capacity reserved under ment opportunity requirements) and paragraph (a) of this section shall not retain those records for the period re- exceed 50 percent of the direct costs as quired by those rules. defined in this section. (iv) Each DBS provider must provide (iii) Nothing in this section shall be a link to the online public inspection construed to prohibit DBS providers file hosted on the Commission’s Web

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site from the home page of its own Web this section, SDARS licensees shall site, if the provider has a Web site, and place all new political file material re- provide on its Web site contact infor- quired to be retained by this section in mation for a representative who can the online public file hosted by the assist any person with disabilities with Commission. issues related to the content of the (c) Public inspection file. (1) Each public files. Each DBS provider also SDARS applicant or licensee must also must include in the online public file place in the online public file hosted by hosted by the Commission the address the Commission the records required to of the provider’s local public file, if the be placed in the public inspection file provider retains documents in the local by 47 CFR 25.601 and 73.2080 (equal em- public file that are not available in the ployment opportunities (EEO)) and re- Commission’s online file, and the tain those records for the period re- name, phone number, and email ad- quired by those rules. dress of the provider’s designated con- (2) Each SDARS licensee must pro- tact for questions about the public file. vide a link to the public inspection file (7) Effective date. DBS providers are hosted on the Commission’s Web site required to make channel capacity from the home page of its own Web available pursuant to this section upon site, if the licensee has a Web site, and the effective date. Programming pro- provide on its Web site contact infor- vided pursuant to this rule must be mation for a representative who can available to the public no later than assist any person with disabilities with six months after the effective date. issues related to the content of the public files. Each SDARS licensee also [69 FR 23157, Apr. 28, 2004, as amended at 72 FR 50033, Aug. 29, 2007; 78 FR 8431, Feb. 6, must include in the online public file 2013; 81 FR 10122, Feb. 29, 2016; 84 FR 45668, the address of the licensee’s local pub- Aug. 30, 2019] lic file, if the licensee retains documents in the local public file that are § 25.702 Other SDARS Public interest not available in the Commission’s on- obligations. line file, and the name, phone number, (a) Political broadcasting requirements. and email address of the licensee’s des- The following political broadcasting ignated contact for questions about the rules shall apply to all SDARS licens- public file. ees: 47 CFR 73.1940 (Legally qualified [81 FR 10122, Feb. 29, 2016] candidates for public office), 73.1941 (Equal opportunities), 73.1942 (Can- didate rates), and 73.1944 (Reasonable PART 27—MISCELLANEOUS WIRE- access). LESS COMMUNICATIONS SERV- (b) Political file. Each SDARS licensee ICES shall maintain a complete and orderly political file. Subpart A—General Information (1) The political file shall contain, at Sec. a minimum: 27.1 Basis and purpose. (i) A record of all requests for SDARS 27.2 Permissible communications. origination time, the disposition of 27.3 Other applicable rule parts. those requests, and the charges made, 27.4 Terms and definitions. if any, if the request is granted. The 27.5 Frequencies. 27.6 Service areas. ‘‘disposition’’ includes the schedule of 27.9 Operation of certificated signal boost- time purchased, when spots actually ers. aired, the rates charged, and the class- APPENDIX A TO SUBPART A TO PART 27—LIST es of time purchased; and OF PARTIAL ECONOMIC AREAS WITH COR- (ii) A record of the free time provided RESPONDING COUNTIES if free time is provided for use by or on behalf of candidates. Subpart B—Applications and Licenses (2) SDARS licensees shall place all 27.10 Regulatory status. records required by this section in the 27.11 Initial authorization. political file as soon as possible and 27.12 Eligibility. shall retain the records for a period of 27.13 License period. two years. After the effective date of 27.14 Construction requirements.

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27.15 Geographic partitioning and spectrum 27.502 Designated entities. disaggregation. 27.16 Network access requirements for Subpart G—Guard Band Service (746–747/ Block C in the 746–757 and 776–787 MHz 776–777 MHz and 762–764/792–794 bands. MHz Bands)

Subpart C—Technical Standards 27.601 Authority and coordination requirements. 27.50 Power limits and duty cycle. 27.51 Equipment authorization. 27.602 Lease agreements. 27.52 RF exposure. 27.604 Limitation on licenses won at auc- 27.53 Emission limits. tion. 27.54 Frequency stability. 27.607 Performance requirements and an- 27.55 Power strength limits. nual reporting requirement. 27.56 Antenna structures; air navigation safety. Subpart H—Competitive Bidding 27.57 International coordination. Procedures for the 698–746 MHz Band 27.58 Interference to BRS/EBS receivers. 27.59 [Reserved] 27.701 698–746 MHz bands subject to competi- 27.60 TV/DTV interference protection cri- tive bidding. teria. 27.702 Designated entities. 27.61–27.62 [Reserved] 27.64 Protection from interference. Subpart I—1.4 GHz Band 27.65 Acceptance of interference in 2000–2020 MHz. 27.801 Scope. 27.66 Discontinuance, reduction, or impair- 27.802 Permissible communications. ment of service. 27.803 Coordination requirements. 27.70 Information exchange. 27.804 Field strength limits at WMTS facil- 27.72 Information sharing requirements. ity. 27.73 WCS, AMT, and Goldstone coordination requirements. 27.805 Geographic partitioning and spec- 27.75 Basic interoperability requirement. trum disaggregation. 27.77 Restriction on mobile and portable 27.806 1.4 GHz service licenses subject to equipment in the 1695–1710 MHz and 1755– competitive bidding. 1780 MHz bands. 27.807 Designated entities.

Subpart D—Competitive Bidding Proce- Subpart J—1670–1675 MHz Band dures for the 2305–2320 MHz and 2345–2360 MHz Bands 27.901 Scope. 27.902 Permissible communications. 27.201 WCS in the 2305–2320 MHz and 2345– 27.903 Coordination requirements. 2360 MHz bands subject to competitive 27.904 Geographic partitioning and spec- bidding. trum disaggregation. 27.202–27.208 [Reserved] 27.905 1670–1675 MHz service licenses subject 27.209 Designated entities; bidding credits; to competitive bidding. unjust enrichment. 27.906 Designated entities. 27.210 Definitions.

Subpart E—Application, Licensing, and Subpart K—1915–1920 MHz and 1995–2000 Processing Rules for WCS MHz 27.301 [Reserved] LICENSING AND COMPETITIVE BIDDING 27.302 Eligibility. PROVISIONS 27.303 Upper 700 MHz commercial and public 27.1001 1915–1920 MHz and 1995–2000 MHz safety coordination zone. bands subject to competitive bidding. 27.304–27.307 [Reserved] 27.1002 Designated entities in the 1915–1920 27.308 Technical content of applications. MHz and 1995–2000 MHz bands 27.310–27.320 [Reserved] 27.321 Mutually exclusive applications. REIMBURSEMENT OBLIGATION OF LICENSEES AT 27.322–27.325 [Reserved] 1915–1920 MHZ AND 1995–2000 MHZ Subpart F—Competitive Bidding 27.1021 Reimbursement obligation of licens- Procedures for the 698–806 MHz Band ees at 1915–1920 MHz. 27.1031 Reimbursement obligation of licens- 27.501 746–758 MHz, 775–788 MHz, and 805–806 ees at 1995–2000 MHz. MHz bands subject to competitive bidding.

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27.1041 Termination of cost-sharing obliga- COST-SHARING POLICIES GOVERNING tions. BROADBAND RADIO SERVICE RELOCATION FROM THE 2150–2160/62 MHZ BAND Subpart L—1695–1710 MHz, 1710–1755 27.1176 Cost-sharing requirements for AWS MHz, 1755–1780 MHz, 2110–2155 MHz, in the 2150–2160/62 MHz band. 2155–2180 MHz, 2180–2200 MHz Bands 27.1178 Administration of the Cost-Sharing Plan. LICENSING AND COMPETITIVE BIDDING 27.1180 The cost-sharing formula. PROVISIONS 27.1182 Reimbursement under the Cost- 27.1101 1710–1755 MHz and 2110–2155 MHz Sharing Plan. bands subject to competitive bidding. 27.1184 Triggering a reimbursement obliga- 27.1102 Designated Entities in the 1710–1755 tion. MHz and 2110–2155 MHz bands. 27.1186 Payment issues. 27.1103 2000–2020 MHz and 2180–2200 MHz 27.1188 Dispute resolution under the Cost- Sharing Plan. bands subject to competitive bidding. 27.1190 Termination of cost-sharing obliga- 27.1104 Designated Entities in the 2000–2020 tions. MHz and 2180–2200 MHz bands. 27.1105 1695–1710 MHz, 1755–1780 MHz and Subpart M—Broadband Radio Service and 2155–2180 MHz bands subject to competi- Educational Broadband Service tive bidding. 27.1106 Designated Entities in the 1695–1710 27.1200 Change to BRS and EBS. MHz, 1755–1780 MHz, and 2155–2180 MHz 27.1201 [Reserved] bands. 27.1202 Cable/BRS cross-ownership. 27.1203 [Reserved] RELOCATION OF INCUMBENTS 27.1204 EBS Tribal priority filing window. 27.1111 Relocation of fixed microwave serv- 27.1205 EBS renewal standard. ice licensees in the 2110–2150 and 2160–2200 27.1206 Geographic service area. MHz bands. 27.1207 Service areas and authorizations. 27.1208 Geographic area licensing. PROTECTION OF INCUMBENT OPERATIONS 27.1209 Reversion and overlay rights. 27.1210 Remote control operation. 27.1131 Protection of part 101 operations. 27.1211 Unattended operation. 27.1132 Protection of incumbent operations 27.1212 License term. in the 2150–2160/62 MHz band. 27.1213 Designated entity provisions for 27.1133 Protection of part 74 and part 78 op- BRS in Commission auctions com- erations. mencing prior to January 1, 2004. 27.1134 Protection of Federal Government 27.1214 EBS grandfathered leases. operations. 27.1215 BRS grandfathered leases. 27.1135 Protection of non-Federal Govern- 27.1216 Grandfathered E and F group EBS li- ment Meteorological-Satellite oper- censes. ations. 27.1217 Competitive bidding procedures for 27.1136 Protection of mobile satellite serv- the Broadband Radio Service and the ices in the 2000–2020 MHz and 2180–2200 Educational Broadband Service. MHz bands. 27.1218 Broadband Radio Service designated entity provisions. COST-SHARING POLICIES GOVERNING MICRO- 27.1219 Educational Broadband Service des- WAVE RELOCATION FROM THE 2110–2150 MHZ ignated entity provisions. AND 2160–2200 MHZ BANDS TECHNICAL STANDARDS 27.1160 Cost-sharing requirements for AWS. 27.1220 Transmission standards. 27.1162 Administration of the Cost-Sharing 27.1221 Interference protection. Plan. 27.1222 Operations in the 2568–2572 and 2614– 27.1164 The cost-sharing formula. 2618 bands. 27.1166 Reimbursement under the Cost- Sharing Plan. RELOCATION PROCEDURES FOR THE 2150–2160/62 27.1168 Triggering a Reimbursement Obliga- MHZ BAND tion. 27.1250 Transition of the 2150–2160/62 MHz 27.1170 Payment issues. band from the Broadband Radio Service 27.1172 Dispute Resolution Under the Cost- to the Advanced Wireless Service. Sharing Plan. 27.1251 Mandatory negotiations. 27.1174 Termination of Cost-Sharing Obliga- 27.1252 Involuntary relocation procedures. tions. 27.1253 Sunset provisions. 27.1254 Eligibility.

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27.1255 Relocation criteria for Broadband 27.1507 Effective radiated power limits for Radio Service licensees in the 2150–2160/62 900 MHz broadband systems. MHz band. 27.1508 Field strength limit. 27.1509 Emission limits. Subpart N—600 MHz Band 27.1510 Unacceptable interference to narrowband 900 MHz licensees from 900 COMPETITIVE BIDDING PROVISIONS MHz broadband licensees. 27.1300 600 MHz band subject to competitive bidding. AUTHORITY: 47 U.S.C. 154, 301, 302a, 303, 307, 27.1301 Designated entities in the 600 MHz 309, 332, 336, 337, 1403, 1404, 1451, and 1452, un- band. less otherwise noted. SOURCE: 62 FR 9658, Mar. 3, 1997, unless oth- PROTECTION OF OTHER SERVICES erwise noted. 27.1310 Protection of Broadcast Television Service in the 600 MHz band from wireless operations. Subpart A—General Information

COORDINATION/NOTIFICATION REQUIREMENTS § 27.1 Basis and purpose. 27.1320 Notification to white space database This section contains the statutory administrators. basis for this part of the rules and pro- 27.1321 Requirements for operation of base vides the purpose for which this part is and fixed stations in the 600 MHz issued. downlink band in close proximity to Radio Astronomy Observatories. (a) Basis. The rules for miscellaneous wireless communications services Subpart O—3.7 GHz Service (3700–3980 (WCS) in this part are promulgated MHz) under the provisions of the Commu- nications Act of 1934, as amended, that 27.1401 Licenses in the 3.7 GHz Service are subject to competitive bidding. vest authority in the Federal Commu- 27.1402 Designated entities in the 3.7 GHz nications Commission to regulate radio Service. transmission and to issue licenses for 27.1411 Transition of the 3700–3980 MHz band radio stations. to the 3.7 GHz Service. (b) Purpose. This part states the con- 27.1412 Transition Plan. ditions under which spectrum is made 27.1413 Relocation Coordinator. available and licensed for the provision 27.1414 Relocation Payment Clearinghouse. 27.1415 Documentation of expenses. of wireless communications services in 27.1416 Reimbursable costs. the following bands. 27.1417 Reimbursement fund. (1) 2305–2320 MHz and 2345–2360 MHz. 27.1418 Payment obligations. (2) 746–758 MHz, 775–788 MHz, and 805– 27.1419 Lump sum payment for earth station 806 MHz. opt out. (3) 698–746 MHz. 27.1420 Cost-sharing formula. 27.1421 Disputes over costs and cost-sharing. (4) 1390–1392 MHz. 27.1422 Accelerated relocation payment. (5) 1392–1395 MHz and 1432–1435 MHz. 27.1423 Protection of incumbent operations. (6) 1670–1675 MHz. 27.1424 Agreements between 3.7 GHz Service (7) 1915–1920 MHz and 1995–2000 MHz. licensees and C-Band earth station operators. (8) 1710–1755 MHz and 2110–2155 MHz. (9) 2495–2690 MHz. Subpart P—Regulations Governing Licens- (10) 2000–2020 MHz and 2180–2200 MHz. ing and Use of 900 MHz Broadband (11) 1695–1710 MHz. Service in the 897.5–900.5 MHz and (12) 1755–1780 MHz. 936.5–939.5 MHz Bands (13) 2155–2180 MHz. 27.1500 Scope. (14) 617–652 MHz and 663–698 MHz. 27.1501 Definitions. (15) 3700–3980 MHz. 27.1502 Permanent discontinuance of 900 (16) 897.5–900.5 MHz and 936.5–939.5 MHz broadband licenses. MHz. 27.1503 Broadband license eligibility and application requirements. (c) Scope. The rules in this part apply 27.1504 Mandatory relocation. only to stations authorized under this 27.1505 Performance requirements. part or authorized under another part 27.1506 Frequencies. of this chapter on frequencies or bands

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transitioning to authorizations under § 27.3 Other applicable rule parts. this part. Other FCC rule parts applicable to [62 FR 9658, Mar. 3, 1997, as amended at 65 FR the Wireless Communications Service 3144, Jan. 20, 2000; 65 FR 17601, Apr. 4, 2000; 67 include the following: FR 5510, Feb. 6, 2002; 67 FR 41854, June 20, 2002; 69 FR 5714, Feb. 6, 2004; 69 FR 72031, Dec. (a) Part 0. This part describes the 10, 2004; 69 FR 77949, Dec. 29, 2004; 72 FR 48843, Commission’s organization and delega- Aug. 24, 2007; 77 FR 62462, Oct. 15, 2012; 78 FR tions of authority. Part 0 of this chap- 8267, Feb. 5, 2013; 78 FR 50254, Aug. 16, 2013; 79 ter also lists available Commission FR 32410, June 4, 2014; 79 FR 48536, Aug. 15, publications, standards and procedures 2014; 82 FR 47160, Oct. 11, 2017; 85 FR 22864, for access to Commission records, and Apr. 23, 2020; 85 FR 43134, July 16, 2020] location of Commission Field Offices. § 27.2 Permissible communications. (b) Part 1. This part includes rules of practice and procedure for license ap- (a) Miscellaneous wireless communications services. Except as provided in plications, adjudicatory proceedings, paragraph (b) or (d) of this section and procedures for reconsideration and re- subject to technical and other rules view of the Commission’s actions; pro- contained in this part, a licensee in the visions concerning violation notices frequency bands specified in § 27.5 may and forfeiture proceedings; competitive provide any services for which its fre- bidding procedures; and the environ- quency bands are allocated, as set forth mental requirements that, together in the non-Federal Government column with the procedures specified in § 17.4(c) of the Table of Allocations in § 2.106 of of this chapter, if applicable, must be this chapter (column 5). complied with prior to the initiation of (b) 775–776 MHz and 805–806 MHz construction. Subpart F includes the bands. Operators in the 775–776 MHz and rules for the Wireless Telecommuni- 805–806 MHz bands may not employ a cations Services and the procedures for cellular system architecture. A cel- filing electronically via the ULS. lular system architecture is defined, (c) Part 2. This part contains the for purposes of this part, as one that Table of Frequency Allocations and consists of many small areas or cells special requirements in international (segmented from a larger geographic regulations, recommendations, agree- service area), each of which uses its ments, and treaties. This part also con- own base station, to enable frequencies tains standards and procedures con- to be reused at relatively short dis- cerning the marketing and importation tances. of radio frequency devices, and for ob- (c) Satellite DARS. Satellite digital taining equipment authorization. audio radio service (DARS) may be pro- (d) Part 5. This part contains rules vided using the 2310–2320 and 2345–2360 prescribing the manner in which parts MHz bands. Satellite DARS service of the radio frequency spectrum may shall be provided in a manner con- be made available for experimentation. sistent with part 25 of this chapter. (d) 2000–2020 MHz and 2180–2200 MHz (e) Part 15. This part sets forth the bands. Operators in the 2000–2020 MHz requirements and conditions applicable and 2180–2200 MHz bands may not pro- to certain radio frequency devices. vide the mobile-satellite service under (f) Part 17. This part contains require- the provisions of this part; rather, mo- ments for the construction, marking bile-satellite service shall be provided and lighting of antenna towers, and the in a manner consistent with part 25 of environmental notification process this chapter. that must be completed before filing (e) 716–722 MHz and 722–728 MHz certain antenna structure registration bands. The 716–722 and 722–728 MHz fre- applications. quencies may not be used for uplink (g) Part 20. This part sets forth the transmission and must be used only for requirements and conditions applicable downlink transmissions. to commercial mobile radio service providers. [65 FR 3144, Jan. 20, 2000, as amended at 65 FR 17601, Apr. 4, 2000; 72 FR 48843, Aug. 24, (h) Part 22. This part sets forth the 2007; 78 FR 8267, Feb. 5, 2013; 78 FR 66316, Nov. requirements and conditions applicable 5, 2013] to public mobile services.

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(i) Part 24. This part sets forth the re- Assigned frequency. The center of the quirements and conditions applicable frequency band assigned to a station. to personal communications services. Attended operation. Operation of a (j) Part 25. This part contains the re- station by a designated person on duty quirements for satellite communica- at the place where the transmitting ap- tions, including satellite DARS. paratus is located with the transmitter (k) Part 51. This part contains gen- in the person’s plain view. eral duties of telecommunications car- Authorized bandwidth. The maximum riers to provide for interconnection width of the band of frequencies per- with other telecommunications car- mitted to be used by a station. This is riers. normally considered to be the nec- (l) Part 64. This part sets forth the re- essary or occupied bandwidth, which- quirements and conditions applicable ever is greater. to telecommunications carriers under Average terrain. The average ele- the Communications Assistance for vation of terrain between 3 and 16 kilo- Law Enforcement Act. meters from the antenna site. (m) Part 68. This part contains tech- Base station. A land station in the nical standards for connection of ter- land mobile service. minal equipment to the telephone net- Booster service area. A geographic work. area to be designated by an applicant (n) Part 73. This part sets forth the for a booster station, within which the requirements and conditions applicable booster station shall be entitled to pro- to radio broadcast services. tection against interference as set (o) Part 74. This part sets forth the forth in this part. The booster service requirements and conditions applicable area must be specified by the applicant to experimental radio, auxiliary, spe- so as not to overlap the booster service cial broadcast and other program dis- area of any other booster authorized to tributional services. or proposed by the applicant. However, (p) Part 90. This part sets forth the a booster station may provide service requirements and conditions applicable to receive sites outside of its booster to private land mobile radio services. service area, at the licensee’s risk of (q) Part 101. This part sets forth the interference. The booster station must requirements and conditions applicable be capable of providing substantial to fixed microwave services. service within the designated booster [62 FR 9658, Mar. 3, 1997, as amended at 63 FR service area. 68954, Dec. 14, 1998; 65 FR 3144, Jan. 20, 2000; Broadband Radio Service (BRS). A 67 FR 5510, Feb. 6, 2002; 69 FR 5714, Feb. 6, radio service using certain frequencies 2004; 69 FR 72031, Dec. 10, 2004; 70 FR 61059, in the 2150–2162 and 2496–2690 MHz Oct. 20, 2005; 77 FR 3955, Jan. 26, 2012] bands which can be used to provide fixed and mobile services, except for § 27.4 Terms and definitions. aeronautical services. 3.7 GHz Service. A Broadcast services. This term shall radiocommunication service licensed have the same meaning as that for under this part for the frequency bands ‘‘broadcasting’’ in section 3(6) of the specified in § 27.5(m) (3700–3980 MHz Communications Act of 1934, i.e., ‘‘the band). dissemination of radio communications 600 MHz service. A intended to be received by the public, radiocommunication service licensed directly or by the intermediary of pursuant to this part for the frequency relay stations.’’ 47 U.S.C. 153(6). bands specified in § 27.5(l). Commence operations. A 600 MHz Band Advanced Wireless Service (AWS). A licensee is deemed to commence oper- radiocommunication service licensed ations when it begins pre-launch site pursuant to this part for the frequency activation and commissioning tests bands specified in § 27.5(h), 27.5(j), or using permanent base station equip- 27.5(k). ment, antennas and/or tower locations Affiliate. This term shall have the as part of its site and system optimiza- same meaning as that for ‘‘affiliate’’ in tion in the area of its planned commer- part 1, § 1.2110(b)(5) of this chapter. cial service infrastructure deployment.

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Documented complaint. A complaint channels in the frequencies 2572–2614 that a party is suffering from non-con- MHz. sensual interference. A documented Mobile service. A radio communica- complaint must contain a certification tion service between mobile and land that the complainant has contacted stations, or between mobile stations. the operator of the allegedly offending Mobile station. A station in the mo- facility and tried to resolve the situa- bile service intended to be used while tion prior to filing. The complaint in motion or during halts at unspec- must then specify the nature of the in- ified points. terference, whether the interference is National Geodetic Reference System constant or intermittent, when the in- (NGRS). The name given to all geodetic terference began and the site(s) most control data contained in the National likely to be causing the interference. Geodetic Survey (NGS) data base. The complaint should be accompanied (Source: National Geodetic Survey, by a videotape or other evidence show- U.S. Department of Commerce) ing the effects of the interference. The Point-to-point Broadband station. A complaint must contain a motion for a Broadband station that transmits a temporary order to have the inter- highly directional signal from a fixed fering station cease transmitting. The transmitter location to a fixed receive complaint must be filed with the Sec- location. retary’s office and served on the alleg- Portable device. Transmitters de- edly offending party. signed to be used within 20 centimeters Educational Broadband Service (EBS). of the body of the user. A radiocommunication service licensed Post-auction transition period. The 39- under this part for the frequency bands month period commencing upon the specified in § 27.5(i). public release of the Channel Reassign- Effective Radiated Power (ERP) (in a ment Public Notice as defined in given direction). The product of the § 73.3700(a) of this chapter. power supplied to the antenna and its Public Safety Broadband Licensee. The gain relative to a half-wave dipole in a licensee of the Public Safety given direction. Broadband License in the 763–768 MHz Equivalent Isotropically Radiated and 793–798 MHz bands. Power (EIRP). The product of the power Radiodetermination. The determina- supplied to the antenna and the an- tion of the position, velocity and/or tenna gain in a given direction relative other characteristics of an object, or to an isotropic antenna. the obtaining of information relating Fixed service. A radio communication to these parameters, by means of the service between specified fixed points. propagation properties of radio waves. Fixed station. A station in the fixed Radiolocation. Radiodetermination service. used for purposes other than those of Land mobile service. A mobile service radionavigation. between base stations and land mobile Radiolocation land station. A station stations, or between land mobile sta- in the radiolocation service not in- tions. tended to be used while in motion. Land mobile station. A mobile station Radiolocation mobile station. A station in the land mobile service capable of intended to be used while in motion or surface movement within the geo- during halts at unspecified points. graphic limits of a country or con- Radionavigation. Radiodetermination tinent. used for the purpose of navigation, in- Land station. A station in the mobile cluding obstruction warning. service not intended to be used while in Remote control. Operation of a station motion. by a designated person at a control po- Lower Band Segment (LBS). Segment sition from which the transmitter is of the BRS/EBS band consisting of not visible but where suitable control channels in the frequencies 2496–2572 and telemetering circuits are provided MHz. which allow the performance of the es- Middle Band Segment (MBS). Segment sential functions that could be per- of the BRS/EBS band consisting of formed at the transmitter.

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Satellite Digital Audio Radio Service Radio Services, and provides public ac- (satellite DARS). A radiocommunication cess to licensing information. service in which compact disc quality Upper 700 MHz D Block license. The programming is digitally transmitted Upper 700 MHz D Block license is the by one or more space stations. nationwide license associated with the Sectorization. The use of an antenna 758–763 MHz and 788–793 MHz bands. system at any broadband station, Upper Band Segment (UBS). Segment booster station and/or response station of the BRS/EBS band consisting of hub that is capable of simultaneously channels in the frequencies 2614–2690 transmitting multiple signals over the MHz same frequencies to different portions Wireless communications service. A of the service area and/or simulta- radiocommunication service licensed neously receiving multiple signals over pursuant to this part for the frequency the same frequencies from different bands specified in § 27.5. portions of the service area. [62 FR 9658, Mar. 3, 1997] Spectrum Act. The term Spectrum Act means Title VI of the Middle Class Tax EDITORIAL NOTE: For FEDERAL REGISTER ci- Relief and Job Creation Act of 2012 tations affecting § 27.4, see the List of CFR (Pub. L. 112–96). Sections Affected, which appears in the Finding Aids section of the printed volume Studio to transmitter link (STL). A di- and at www.govinfo.gov. rectional path used to transmit a signal from a station’s studio to its trans- § 27.5 Frequencies. mitter. (a) 2305–2320 MHz and 2345–2360 MHz A Temporary fixed broadband station. bands. The following frequencies are broadband station used for the trans- available for WCS in the 2305–2320 MHz mission of material from temporary and 2345–2360 MHz bands: unspecified points to a broadband sta- (1) Two paired channel blocks are tion. available for assignment on a Major Time division multiple access (TDMA). Economic Area basis as follows: A multiple access technique whereby users share a transmission medium by Block A: 2305–2310 and 2350–2355 MHz; and being assigned and using (one-at-a- Block B: 2310–2315 and 2355–2360 MHz. time) for a limited number of time di- (2) Two unpaired channel blocks are vision mulitplexed channels; implies available for assignment on a Regional that several transmitters use one chan- Economic Area Grouping basis as fol- nel for sending several bit streams. lows: Time division multiplexing (TDM). A multiplexing technique whereby two or Block C: 2315–2320 MHz; and more channels are derived from a Block D: 2345–2350 MHz. transmission medium by dividing ac- (b) 746–758 MHz, 775–788 MHz, and 805– cess to the medium into sequential in- 806 MHz bands. The following fre- tervals. Each channel has access to the quencies are available for licensing entire bandwidth of the medium during pursuant to this part in the 746–758 its interval. This implies that one MHz, 775–788 MHz, and 805–806 MHz transmitter uses one channel to send bands: several bit streams of information. (1) Two paired channels of 1 mega- Unattended operation. Operation of a hertz each are available for assignment station by automatic means whereby in Block A in the 757–758 MHz and 787– the transmitter is turned on and off 788 MHz bands. and performs its functions without at- (2) Two paired channels of 1 mega- tention by a designated person. hertz each are available for assignment Universal Licensing System. The Uni- in Block B in the 775–776 MHz and 805– versal Licensing System (ULS) is the 806 MHz bands. consolidated database, application fil- (3) Two paired channels of 11 mega- ing system, and processing system for hertz each are available for assignment all Wireless Radio Services. ULS sup- in Block C in the 746–757 MHz and 776– ports electronic filing of all applica- 787 MHz bands. In the event that no li- tions and related documents by appli- censes for two channels in this Block C cants and licensees in the Wireless are assigned based on the results of the

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first auction in which such licenses Block F: 1745–1755 MHz and 2145–2155 MHz; were offered because the auction re- and sults do not satisfy the applicable re- Block J: 1770–1780 MHz and 2170–2180 MHz. serve price, the spectrum in the 746–757 (2) Six paired channel blocks of 5 MHz and 776–787 MHz bands will instead megahertz each are available for as- be made available for assignment at a signment as follows: subsequent auction as follows: Block C: 1730–1735 MHz and 2130–2135 MHz; Block D: 1735–1740 MHz and 2135–2140 MHz; (i) Two paired channels of 6 mega- Block E: 1740–1745 MHz and 2140–2145 MHz; hertz each available for assignment in Block G: 1755–1760 MHz and 2155–2160 MHz; Block C1 in the 746–752 MHz and 776–782 Block H: 1760–1765 MHz and 2160–2165 MHz; MHz bands. and (ii) Two paired channels of 5 mega- Block I: 1765–1770 MHz and 2165–2170 MHz. hertz each available for assignment in (3) One unpaired block of 5 megahertz Block C2 in the 752–757 MHz and 782–787 and one unpaired block of 10 megahertz MHz bands. each are available for assignment as (c) 698–746 MHz band. The following follows: frequencies are available for licensing Block A1: 1695–1700 MHz Block B1: 1700–1710 MHz. pursuant to this part in the 698–746 MHz band: NOTE TO PARAGRAPH (h). Licenses to oper- (1) Three paired channel blocks of 12 ate in the 1695–1710 MHz and 1755–1780 MHz megahertz each are available for as- bands are subject to the condition that the licensee must not cause harmful interference signment as follows: to an incumbent Federal entity relocating Block A: 698–704 MHz and 728–734 MHz; from these bands under an approved Transi- Block B: 704–710 MHz and 734–740 MHz; and tion Plan. This condition remains in effect Block C: 710–716 MHz and 740–746 MHz. until NTIA terminates the applicable authorization of the incumbent Federal entity. (2) Two unpaired channel blocks of 6 (i) Frequency assignments for the BRS/ megahertz each are available for as- EBS band. (1) Pre-transition frequency signment as follows: assignments. Block D: 716–722 MHz; and BRS Channel 1: 2150–2156 MHz or 2496–2500 Block E: 722–728 MHz. MHz (d) 1390–1392 MHz band. The 1390–1392 BRS Channel 2: 2156–2162 MHz or 2686–2690 MHz band is available for assignment MHz on a Major Economic Area basis. BRS Channel 2A: 2156–2160 MHz EBS Channel A1: 2500–2506 MHz (e) The paired 1392–1395 and 1432–1435 EBS Channel B1: 2506–2512 MHz MHz bands. The paired 1392–1395 MHz EBS Channel A2: 2512–2518 MHz and 1432–1435 MHz bands are available EBS Channel B2: 2518–2524 MHz for assignment on an Economic Area EBS Channel A3: 2524–2530 MHz Grouping basis as follows: Block A: EBS Channel B3: 2530–2536 MHz 1392–1393.5 MHz and 1432–1433.5 MHz; EBS Channel A4: 2536–2542 MHz and Block B: 1393.5–1395 MHz and 1433.5– EBS Channel B4: 2542–2548 MHz EBS Channel C1: 2548–2554 MHz 1435 MHz. EBS Channel D1: 2554–2560 MHz (f) 1670–1675 MHz band. The 1670–1675 EBS Channel C2: 2560–2566 MHz MHz band is available for assignment EBS Channel D2: 2566–2572 MHz on a nationwide basis. EBS Channel C3: 2572–2578 MHz (g) [Reserved] EBS Channel D3: 2578–2584 MHz (h) 1710–1755 MHz, 2110–2155 MHz, 1695– EBS Channel C4: 2584–2590 MHz EBS Channel D4: 2590–2596 MHz 1710 MHz, 1755–1780 MHz, and 2155–2180 BRS Channel E1: 2596–2602 MHz MHz bands. The following frequencies BRS Channel F1: 2602–2608 MHz are available for licensing pursuant to BRS Channel E2: 2608–2614 MHz this part in the 1710–1755 MHz, 2110–2155 BRS Channel F2: 2614–2620 MHz MHz, 1695–1710 MHz, 1755–1780 MHz, and BRS Channel E3: 2620–2626 MHz 2155–2180 MHz bands: BRS Channel F3: 2626–2632 MHz (1) Four paired channel blocks of 10 BRS Channel E4: 2632–2638 MHz BRS Channel F4: 2638–2644 MHz megahertz each are available for as- EBS Channel G1: 2644–2650 MHz signment as follows: BRS Channel H1: 2650–2656 MHz Block A: 1710–1720 MHz and 2110–2120 MHz; EBS Channel G2: 2656–2662 MHz Block B: 1720–1730 MHz and 2120–2130 MHz; BRS Channel H2: 2662–2668 MHz

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EBS Channel G3: 2668–2674 MHz BRS Channel KF3: 2616.66666–2617.00000 MHz. BRS Channel H3: 2674–2680 MHz BRS Channel KE1: 2617.00000–2617.33333 MHz. EBS Channel G4: 2680–2686 MHz BRS Channel KE2: 2617.33333–2617.66666 MHz. I Channels: 2686–2690 MHz BRS Channel KE3: 2617.66666–2618.00000 MHz. (2) Post transition frequency assign- BRS Channel 2: 2618–2624 MHz or 2156–2162 ments. The frequencies available in the MHz. BRS Channel 2A: 2618–2624 MHz or 2156–2160 Broadband Radio Service (BRS) and MHz. Educational Broadband Service (EBS) BRS/EBS Channel E1: 2624–2629.5 MHz. are listed in this section in accordance BRS/EBS Channel E2: 2629.5–2635 MHz. with the frequency allocations table of BRS/EBS Channel E3: 2635–2640.5 MHz. § 2.106 of this chapter. BRS/EBS Channel F1: 2640.5–2646 MHz. (i) Lower Band Segment (LBS): The BRS/EBS Channel F2: 2646–2651.5 MHz. following channels shall constitute the BRS/EBS Channel F3: 2651.5–2657 MHz. Lower Band Segment: BRS Channel H1: 2657–2662.5 MHz. BRS Channel H2: 2662.5–2668 MHz. BRS Channel 1: 2496–2502 MHz or 2150–2156 BRS Channel H3: 2668–2673.5 MHz. MHz EBS Channel G1: 2673.5–2679 MHz. EBS Channel A1: 2502–2507.5 MHz EBS Channel G2: 2679–2684.5 MHz. EBS Channel A2: 2507.5–2513 MHz EBS Channel G3: 2684.5–2690 MHz. EBS Channel A3: 2513–2518.5 MHz EBS Channel B1: 2518.5–2524 MHz NOTE TO PARAGRAPH (i)(2): No 125 kHz chan- EBS Channel B2: 2524–2529.5 MHz nels are provided for channels in operation in EBS Channel B3: 2529.5–2535 MHz this service. The 125 kHz channels previously EBS Channel C1: 2535–2540.5 MHz associated with these channels have been re- EBS Channel C2: 2540.5–2546 MHz allocated to Channel G3 in the upper band EBS Channel C3: 2546–2551.5 MHz segment. EBS Channel D1: 2551.5–2557 MHz EBS Channel D2: 2557–2562.5 MHz (3) [Reserved] EBS Channel D3: 2562.5–2568 MHz (4) A temporary fixed broadband sta- EBS Channel JA1: 2568.00000–2568.33333 MHz tion may use any available broadband EBS Channel JA2: 2568.33333–2568.66666 MHz channel on a secondary basis, except EBS Channel JA3: 2568.66666–2569.00000 MHz that operation of temporary fixed EBS Channel JB1: 2569.00000–2569.33333 MHz broadband stations is not allowed with- EBS Channel JB2: 2569.33333–2569.66666 MHz in 56.3 km (35 miles) of Canada. EBS Channel JB3: 2569.66666–2570.00000 MHz EBS Channel JC1: 2570.00000–2570.33333 MHz (5)(i) A point-to-point EBS station on EBS Channel JC2: 2570.33333–2570.66666 MHz the E and F-channel frequencies, may EBS Channel JC3: 2570.66666–2571.00000 MHz be involuntarily displaced by a BRS ap- EBS Channel JD1: 2571.00000–2571.33333 MHz plicant or licensee, provided that suit- EBS Channel JD2: 2571.33333–2571.66666 MHz able alternative spectrum is available EBS Channel JD3: 2571.66666–2572.00000 MHz and that the BRS entity bears the ex- (ii) Middle Band Segment (MBS): The penses of the migration. Suitability of following channels shall constitute the spectrum will be determined on a case- Middle Band Segment: by-base basis; at a minimum, the alternative spectrum must be licensable by EBS Channel A4: 2572–2578 MHz broadband operators on a primary basis EBS Channel B4: 2578–2584 MHz EBS Channel C4: 2584–2590 MHz (although it need not be specifically al- EBS Channel D4: 2590–2596 MHz located to the broadband service), and EBS Channel G4: 2596–2602 MHz must provide a signal that is equiva- BRS/EBS Channel F4: 2602–2608 MHz lent to the prior signal in picture qual- BRS/EBS Channel E4: 2608–2614 MHz ity and reliability, unless the (iii) Upper Band Segment (UBS): The broadband licensee will accept an infe- following channels shall constitute the rior signal. Potential expansion of the Upper Band Segment: BRS licensee may be considered in determining whether alternative avail- BRS Channel KH1: 2614.00000–2614.33333 MHz. able spectrum is suitable. BRS Channel KH2: 2614.33333–2614.66666 MHz. (ii) If suitable alternative spectrum BRS Channel KH3: 2614.66666–2615.00000 MHz. is located pursuant to paragraph EBS Channel KG1: 2615.00000–2615.33333 MHz. EBS Channel KG2: 2615.33333–2615.66666 MHz. (h)(6)(i) of this section, the initiating EBS Channel KG3: 2615.66666–2616.00000 MHz. party must prepare and file the appro- BRS Channel KF1: 2616.00000–2616.33333 MHz. priate application for the new spec- BRS Channel KF2: 2616.33333–2616.66666 MHz. trum, and must simultaneously serve a

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copy of the application on the EBS li- of service, and the broadband licensee censee to be moved. The initiating has the right to inspect the construc- party will be responsible for all costs tion or installation work. connected with the migration, includ- (j) 2000–2020 MHz and 2180–2200 MHz ing purchasing, testing and installing bands. The following frequencies are new equipment, labor costs, reconfig- available for licensing pursuant to this uration of existing equipment, admin- part in the 2000–2020 MHz and 2180–2200 istrative costs, legal and engineering MHz (AWS–4) bands: expenses necessary to prepare and file (1) Two paired channel blocks of 10 the migration application, and other megahertz each are available for as- reasonable documented costs. The ini- signment as follows: Block A: 2000–2010 tiating party must secure a bond or es- MHz and 2180–2190 MHz; and Block B: tablish an escrow account to cover rea- 2010–2020 MHz and 2190–2200 MHz. sonable incremental increase in ongo- (2) [Reserved] ing expenses that may fall upon the (k) 1915–1920 MHz and 1995–2000 MHz migrated licensee. The bond or escrow bands. The paired 1915–1920 MHz and account should also account for the 1995–2000 MHz bands are available for possibility that the initiating party assignment on an Economic Area (EA) subsequently becomes bankrupt. If it basis. becomes necessary for the Commission (l) 600 MHz band. The 600 MHz band to assess the sufficiency of a bond or (617–652 MHz and 663–698 MHz) has escrow amount, it will take into ac- seven pairs of 5 megahertz channel count such factors as projected incre- blocks available for assignment on a mental increase in electricity or main- Partial Economic Area basis as follows: tenance expenses, or relocation expenses, as relevant in each case. Block A: 617–622 MHz and 663–668 MHz; (iii) The EBS licensee to be moved Block B: 622–627 MHz and 668–673 MHz; Block C: 627–632 MHz and 673–678 MHz; will have a 60-day period in which to Block D: 632–637 MHz and 678–683 MHz; oppose the involuntary migration. The Block E: 637–642 MHz and 683–688 MHz; broadband party should state its oppo- Block F: 642–647 MHz and 688–693 MHz; and sition to the migration with speci- Block G: 647–652 MHz and 693–698 MHz. ficity, including engineering and other (m) 3700–3980 MHz band. The 3.7 GHz challenges, and a comparison of the Service is comprised of Block A (3700– present site and the proposed new site. 3800 MHz); Block B (3800–3900 MHz); and If involuntary migration is granted, Block C (3900–3980 MHz). These blocks the new facilities must be operational are licensed as 14 individual 20 mega- before the initiating party will be per- hertz sub-blocks available for assign- mitted to begin its new or modified opment in the contiguous United States erations. The migration must not dis- on a Partial Economic Area basis, see rupt the broadband licensee’s provision § 27.6(m), as follows:

(n) 900 MHz broadband. The paired bands are available for assignment on a 897.5–900.5 MHz and 936.5–939.5 MHz geographic basis. For operations in the

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897.5–900.5 MHz and 936.5–939.5 MHz are based on the U.S. Department of bands (designated as Channels 120–360 Commerce’s EAs. See 60 FR 13114 in section 90.613 of this chapter), no (March 10, 1995). In addition, the Com- new applications will be accepted in mission shall separately license Guam transitioned markets for narrowband and the Northern Mariana Islands, systems under part 90, subpart S of this Puerto Rico and the United States Vir- chapter. gin Islands, American Samoa, and the Gulf of Mexico, which have been as- [62 FR 9658, Mar. 3, 1997] signed Commission-created EA num- EDITORIAL NOTE: For FEDERAL REGISTER ci- bers 173–176, respectively. The nation- tations affecting § 27.5, see the List of CFR wide area is composed of the contig- Sections Affected, which appears in the uous 48 states, Alaska, Hawaii, the Gulf Finding Aids section of the printed volume of Mexico, and the U.S. territories. and at www.govinfo.gov. Maps of the EAs, MEAs, MSAs, RSAs, and REAGs and the FEDERAL REGISTER § 27.6 Service areas. Notice that established the 172 EAs are (a) WCS service areas include Eco- available for public inspection and nomic Areas (EAs), Major Economic copying at the Reference Information Areas (MEAs), Regional Economic Area Center, Consumer and Governmental Groupings (REAGs), cellular markets Affairs Bureau, Federal Communica- comprising Metropolitan Statistical tions Commission, 445 12th Street, SW., Areas (MSAs) and Rural Service Areas Washington, DC 20554. (RSAs), and a nationwide area. MEAs (1) The 52 MEAs are composed of one and REAGs are defined in the Table or more EAs and the 12 REAGs are immediately following paragraph (a)(1) composed of one or more MEAs, as de- of this section. Both MEAs and REAGs fined in the table below:

REAGs MEAs EAs

1 (Northeast) ...... 1 (Boston) ...... 1–3. 2 (New York City) ...... 4–7, 10. 3 (Buffalo) ...... 8. 4 (Philadelphia) ...... 11–12. 2 (Southeast) ...... 5 (Washington) ...... 13–14. 6 (Richmond) ...... 15–17, 20. 7 (Charlotte-Greensboro-Greenville-Ra- 18–19, 21–26, 41–42, 46. leigh). 8 (Atlanta) ...... 27–28, 37–40, 43. 9 (Jacksonville) ...... 29, 35. 10 (Tampa-St. Petersburg-Orlando) ...... 30, 33–34. 11 (Miami) ...... 31–32. 3 (Great Lakes) ...... 12 (Pittsburgh) ...... 9, 52–53. 13 (Cincinnati-Dayton) ...... 48–50. 14 (Columbus) ...... 51. 15 (Cleveland) ...... 54–55. 16 (Detroit) ...... 56–58, 61–62. 17 (Milwaukee) ...... 59–60, 63, 104–105, 108. 18 (Chicago) ...... 64–66, 68, 97, 101. 19 (Indianapolis) ...... 67. 20 (Minneapolis-St. Paul) ...... 106–107, 109–114, 116. 21 (Des Moines-Quad Cities) ...... 100, 102–103, 117. 4 (Mississippi Valley) ...... 22 (Knoxville) ...... 44–45. 23 (Louisville-Lexington-Evansville) ...... 47, 69–70, 72. 24 (Birmingham) ...... 36, 74, 78–79. 25 (Nashville) ...... 71. 26 (Memphis-Jackson) ...... 73, 75–77. 27 (New Orleans-Baton Rouge) ...... 80–85. 28 (Little Rock) ...... 90–92, 95. 29 (Kansas City) ...... 93, 99, 123. 30 (St. Louis) ...... 94, 96, 98. 5 (Central) ...... 31 (Houston) ...... 86–87, 131. 32 (Dallas-Fort Worth) ...... 88–89, 127–130, 135, 137–138. 33 (Denver) ...... 115, 140–143. 34 (Omaha) ...... 118–121. 35 (Wichita) ...... 122. 36 (Tulsa) ...... 124. 37 (Oklahoma City) ...... 125–126. 38 (San Antonio) ...... 132–134. 39 (El Paso-Albuquerque) ...... 136, 139, 155–157.

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REAGs MEAs EAs

40 (Phoenix) ...... 154, 158–159. 6 (West) ...... 41 (Spokane-Billings) ...... 144–147, 168. 42 (Salt Lake City) ...... 148–150, 152. 43 (San Francisco-Oakland-San Jose) ... 151, 162–165. 44 (Los Angeles-San Diego) ...... 153, 160–161. 45 (Portland) ...... 166–167. 46 (Seattle) ...... 169–170. 7 (Alaska) ...... 47 (Alaska) ...... 171. 8 (Hawaii) ...... 48 (Hawaii) ...... 172. 9 (Guam and the Northern Mariana Is- 49 (Guam and the Northern Mariana Is- 173. lands). lands). 10 (Puerto Rico and U.S. Virgin Islands) .. 50 (Puerto Rico and U.S. Virgin Islands) 174. 11 (American Samoa) ...... 51 (American Samoa) ...... 175. 12 (Gulf of Mexico) ...... 52 (Gulf of Mexico) ...... 176.

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

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(i) There are 6 EAGs, which are composed of multiple EAs as defined in the table below:

Economic area groupings Name Economic areas

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

NOTE 1 TO PARAGRAPH (c)(3)(i): Economic (f) 1670–1675 MHz band. Service areas Area Groupings are defined by the Federal for the 1670–1675 MHz band are avail- Communications Commission; see 62 FR 15978 able on a nationwide basis. (April 3, 1997) extended with the Gulf of Mex- ico. (g) [Reserved] NOTE 2 TO PARAGRAPH (c)(3)(i): Economic (h) 1710–1755 and 2110–2155 MHz bands. Areas are defined by the Regional Economic AWS service areas for the 1710–1755 Analysis Division, Bureau of Economic Anal- MHz and 2110–2155 MHz bands are as fol- ysis, U.S. Department of Commerce Feb- lows: ruary 1995 and extended by the Federal Com- (1) Service areas for Block A (1710– munications Commission, see 62 FR 9636 1720 MHz and 2110–2120 MHz) are based (March 3, 1997). on cellular markets comprising Metro- (ii) For purposes of paragraph (c)(3)(i) politan Statistical Areas (MSAs) and of this section, EA 176 (the Gulf of Mex- Rural Service Areas (RSAs) as defined ico) will be divided between EAG003 by Public Notice Report No. CL–92–40 (the Southeast EAG) and EAG005 (the ‘‘Common Carrier Public Mobile Serv- Central/Mountain EAG) in accordance ices Information, Cellular MSA/RSA with the configuration of the Eastern/ Markets and Counties,’’ dated January Central and Western Planning Area es- 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), tablished by the Mineral Management with the following modifications: Services Bureau of the Department of (i) The service areas of cellular mar- the Interior (MMS). That portion of EA kets that border the U.S. coastline of 176 contained in the Eastern and Cen- the Gulf of Mexico extend 12 nautical tral Planning Areas as defined by MMS miles from the U.S. Gulf coastline. will be included in EAG003; that por- (ii) The service area of cellular mar- tion of EA 176 contained in the Western ket 306 that comprises the water area Planning Area as defined by MMS will of the Gulf of Mexico extends from 12 be included in EAG005. Maps of these nautical miles off the U.S. Gulf coast areas may be found on the MMS Web outward into the Gulf. site: http://www.gomr.mms.gov/homepg/ (2) Service areas for Blocks B (1720– offshore/offshore.html. 1730 MHz and 2120–2130 MHz) and C (d) 1390–1392 MHz band. Service areas (1730–1735 MHz and 2130–2135 MHz) are for the 1390–1392 MHz band is based on based on Economic Areas (EAs) as de- Major Economic Areas (MEAs), as defined in paragraph (a) of this section. fined in paragraphs (a)(1) and (a)(2) of (3) Service areas for blocks D (1735– this section. 1740 MHz and 2135–2140 MHz), E (1740– (e) The paired 1392–1395 and 1432–1435 1745 MHz and 2140–2145 MHz) and F MHz bands. Service areas for the paired (1745–1755 MHz and 2145–2155 MHz) are 1392–1395 and 1432–1435 MHz bands are based on Regional Economic Area as follows. Service areas for Block A in Groupings (REAGs) as defined by para- the 1392–1393.5 MHz and 1432–1433.5 MHz graph (a) of this section. bands and Block B in the 1393.5–1395 (i) 2000–2020 MHz and 2180–2200 MHz MHz and 1433.5–1435 MHz bands are bands. AWS service areas for the 2000– based on Economic Area Groupings 2020 MHz and 2180–2200 MHz bands are (EAGs) as defined in paragraph (c)(3) of based on Economic Areas (EAs) as de- this section. fined in paragraph (a) of this section.

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(j) 1915–1920 MHz and 1995–2000 MHz tion). The 3.7 GHz Service will be li- bands. AWS service areas for the 1915– censed in the contiguous United 1920 MHz and 1995–2000 MHz bands are States, i.e., the contiguous 48 states based on Economic Areas (EAs) as de- and the District of Columbia as defined fined in paragraph (a) of this section. by Partial Economic Areas Nos. 1–41, (k) 1695–1710 MHz, 1755–1780 MHz, and 43–211, 213–263, 265–297, 299–359, and 361– 2155–2180 MHz bands. AWS service areas 411. The service areas of PEAs that bor- for the 1695–1710 MHz, 1755–1780 MHz, der the U.S. coastline of the Gulf of and 2155–2180 MHz bands are as follows: Mexico extend 12 nautical miles from (1) Service areas for Block G (1755– the U.S. Gulf coastline. The 3.7 GHz 1760 MHz and 2155–2160 MHz) are based Service will not be licensed for the fol- on cellular markets comprising Metro- lowing PEAs: politan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined TABLE 3 TO PARAGRAPH (m) by Public Notice Report No. CL–92–40 PEA No. PEA name ‘‘Common Carrier Public Mobile Serv- ices Information, Cellular MSA/RSA 42 ...... Honolulu, HI. 212 ...... Anchorage, AK. Markets and Counties,’’ dated January 264 ...... Kodiak, AK. 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), 298 ...... Fairbanks, AK. with the following modifications: 360 ...... Juneau, AK. 412 ...... Puerto Rico. (i) The service areas of cellular mar- 413 ...... Guam-Northern Mariana Islands. kets that border the U.S. coastline of 414 ...... US Virgin Islands. the Gulf of Mexico extend 12 nautical 415 ...... American Samoa. miles from the U.S. Gulf coastline. (ii) The service area of cellular mar- [62 FR 9658, Mar. 3, 1997] ket 306 that comprises the water area EDITORIAL NOTE: For FEDERAL REGISTER ci- of the Gulf of Mexico extends from 12 tations affecting § 27.6, see the List of CFR nautical miles off the U.S. Gulf coast Sections Affected, which appears in the outward into the Gulf. Finding Aids section of the printed volume (2) Service areas for Blocks H (1760– and at www.govinfo.gov. 1765 MHz and 2160–2165 MHz), I (1765– 1770 MHz and 2165–2170 MHz), J (1770– § 27.9 Operation of certificated signal 1780 MHz and 2170–2180 MHz), A1 (1695– boosters. 1700 MHz) and B1 (1700–1710 MHz) are Individuals and non-individuals may based on Economic Areas (EAs) as de- operate certificated Consumer Signal fined in paragraph (a) of this section. Boosters on frequencies regulated (l) 600 MHz band. Service areas for under this part provided that such op- the 600 MHz band are based on Partial eration complies with all applicable Economic Areas (PEAs) as defined by rules under this part and § 20.21 of this Wireless Telecommunications Bureau Pro- chapter. Failure to comply with all ap- vides Details About Partial Economic plicable rules voids the authority to Areas, Public Notice, 29 FCC Rcd 6491, operate a signal booster. App. B (2014). The service areas of [78 FR 21564, Apr. 11, 2013] PEAs that border the U.S. coastline of the Gulf of Mexico extend 12 nautical APPENDIX A TO SUBPART A OF PART 27— miles from the U.S. Gulf coastline. The LIST OF PARTIAL ECONOMIC AREAS service area of the Gulf of Mexico PEA WITH CORRESPONDING COUNTIES (PEA 416) that comprises the water Federal area of the Gulf of Mexico extends from PEA Information 12 nautical miles off the U.S. Gulf No. Processing County name State coast outward into the Gulf. System No. (m) 3700–3980 MHz Band. Service 1 ...... 09001 Fairfield ...... CT areas in the 3.7 GHz Service are based 1 ...... 09003 Hartford ...... CT on Partial Economic Areas (PEAs) as 1 ...... 09005 Litchfield ...... CT 1 ...... 09007 Middlesex ...... CT defined by appendix A to this subpart 1 ...... 09009 New Haven...... CT (see Wireless Telecommunications Bureau 1 ...... 09011 New London...... CT Provides Details About Partial Economic 1 ...... 09013 Tolland ...... CT 1 ...... 09015 Windham ...... CT Areas, DA 14–759, Public Notice, re- 1 ...... 34003 Bergen ...... NJ leased June 2, 2014, for more informa- 1 ...... 34013 Essex ...... NJ

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Federal Federal PEA Information PEA Information No. Processing County name State No. Processing County name State System No. System No.

1 ...... 34017 Hudson ...... NJ 5 ...... 24017 Charles ...... MD 1 ...... 34019 Hunterdon ...... NJ 5 ...... 24019 Dorchester ...... MD 1 ...... 34021 Mercer ...... NJ 5 ...... 24025 Harford ...... MD 1 ...... 34023 Middlesex ...... NJ 5 ...... 24027 Howard ...... MD 1 ...... 34025 Monmouth ...... NJ 5 ...... 24029 Kent ...... MD 1 ...... 34027 Morris ...... NJ 5 ...... 24031 Montgomery ...... MD 1 ...... 34029 Ocean ...... NJ 5 ...... 24033 Prince George’s...... MD 1 ...... 34031 Passaic ...... NJ 5 ...... 24035 Queen Anne’s...... MD 1 ...... 34035 Somerset ...... NJ 5 ...... 24037 St. Mary’s...... MD 1 ...... 34037 Sussex ...... NJ 5 ...... 24041 Talbot ...... MD 1 ...... 34039 Union ...... NJ 5 ...... 51510 Alexandria City...... VA 1 ...... 34041 Warren ...... NJ 5 ...... 51013 Arlington ...... VA 1 ...... 36005 Bronx ...... NY 5 ...... 51059 Fairfax ...... VA 1 ...... 36027 Dutchess ...... NY 5 ...... 51600 Fairfax City...... VA 1 ...... 36047 Kings ...... NY 5 ...... 51610 Falls Church City ...... VA 1 ...... 36059 Nassau ...... NY 5 ...... 51107 Loudoun ...... VA 1 ...... 36061 New York...... NY 5 ...... 51683 Manassas City...... VA 1 ...... 36071 Orange ...... NY 5 ...... 51685 Manassas Park City ...... VA 1 ...... 36079 Putnam ...... NY 5 ...... 51153 Prince William...... VA 1 ...... 36081 Queens ...... NY 6 ...... 10001 Kent ...... DE 1 ...... 36085 Richmond ...... NY 6 ...... 10003 New Castle...... DE 1 ...... 36087 Rockland ...... NY 6 ...... 24015 Cecil ...... MD 1 ...... 36103 Suffolk ...... NY 6 ...... 34001 Atlantic ...... NJ 1 ...... 36105 Sullivan ...... NY 6 ...... 34005 Burlington ...... NJ 1 ...... 36111 Ulster ...... NY 6 ...... 34007 Camden ...... NJ 1 ...... 36119 Westchester ...... NY 6 ...... 34009 Cape May...... NJ 1 ...... 42025 Carbon ...... PA 6 ...... 34011 Cumberland ...... NJ 1 ...... 42069 Lackawanna ...... PA 6 ...... 34015 Gloucester ...... NJ 1 ...... 42077 Lehigh ...... PA 6 ...... 34033 Salem ...... NJ 1 ...... 42079 Luzerne ...... PA 6 ...... 42011 Berks ...... PA 1 ...... 42089 Monroe ...... PA 6 ...... 42017 Bucks ...... PA 1 ...... 42095 Northampton ...... PA 6 ...... 42029 Chester ...... PA 2 ...... 06029 Kern ...... CA 6 ...... 42045 Delaware ...... PA 2 ...... 06037 Los Angeles...... CA 6 ...... 42071 Lancaster ...... PA 2 ...... 06059 Orange ...... CA 6 ...... 42091 Montgomery ...... PA 2 ...... 06065 Riverside ...... CA 6 ...... 42101 Philadelphia ...... PA 2 ...... 06071 San Bernardino...... CA 7 ...... 25001 Barnstable ...... MA 2 ...... 06079 San Luis Obispo ...... CA 7 ...... 25005 Bristol ...... MA 2 ...... 06083 Santa Barbara...... CA 7 ...... 25007 Dukes ...... MA 2 ...... 06111 Ventura ...... CA 7 ...... 25009 Essex ...... MA 3 ...... 17031 Cook ...... IL 7 ...... 25017 Middlesex ...... MA 3 ...... 17043 DuPage ...... IL 7 ...... 25019 Nantucket ...... MA 3 ...... 17063 Grundy ...... IL 7 ...... 25021 Norfolk ...... MA 3 ...... 17089 Kane ...... IL 7 ...... 25023 Plymouth ...... MA 3 ...... 17091 Kankakee ...... IL 7 ...... 25025 Suffolk ...... MA 3 ...... 17093 Kendall ...... IL 7 ...... 25027 Worcester ...... MA 3 ...... 17097 Lake ...... IL 7 ...... 44001 Bristol ...... RI 3 ...... 17111 McHenry ...... IL 7 ...... 44003 Kent ...... RI 3 ...... 17197 Will ...... IL 7 ...... 44005 Newport ...... RI 3 ...... 18091 La Porte...... IN 7 ...... 44007 Providence ...... RI 3 ...... 18089 Lake ...... IN 7 ...... 44009 Washington ...... RI 3 ...... 18127 Porter ...... IN 8 ...... 48085 Collin ...... TX 4 ...... 06001 Alameda ...... CA 8 ...... 48113 Dallas ...... TX 4 ...... 06013 Contra Costa...... CA 8 ...... 48121 Denton ...... TX 4 ...... 06041 Marin ...... CA 8 ...... 48139 Ellis ...... TX 4 ...... 06053 Monterey ...... CA 8 ...... 48181 Grayson ...... TX 4 ...... 06055 Napa ...... CA 8 ...... 48221 Hood ...... TX 4 ...... 06075 San Francisco...... CA 8 ...... 48251 Johnson ...... TX 4 ...... 06077 San Joaquin...... CA 8 ...... 48257 Kaufman ...... TX 4 ...... 06081 San Mateo...... CA 8 ...... 48367 Parker ...... TX 4 ...... 06085 Santa Clara...... CA 8 ...... 48397 Rockwall ...... TX 4 ...... 06087 Santa Cruz...... CA 8 ...... 48439 Tarrant ...... TX 4 ...... 06095 Solano ...... CA 8 ...... 48497 Wise ...... TX 4 ...... 06097 Sonoma ...... CA 9 ...... 12011 Broward ...... FL 4 ...... 06099 Stanislaus ...... CA 9 ...... 12043 Glades ...... FL 5 ...... 11001 District of Columbia ...... DC 9 ...... 12051 Hendry ...... FL 5 ...... 24003 Anne Arundel...... MD 9 ...... 12061 Indian River...... FL 5 ...... 24005 Baltimore ...... MD 9 ...... 12085 Martin ...... FL 5 ...... 24510 Baltimore City...... MD 9 ...... 12086 Miami-Dade ...... FL 5 ...... 24009 Calvert ...... MD 9 ...... 12087 Monroe ...... FL 5 ...... 24011 Caroline ...... MD 9 ...... 12093 Okeechobee ...... FL 5 ...... 24013 Carroll ...... MD 9 ...... 12099 Palm Beach...... FL

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Federal Federal PEA Information PEA Information No. Processing County name State No. Processing County name State System No. System No.

9 ...... 12111 St. Lucie...... FL 14 .... 39055 Geauga ...... OH 10 .... 48039 Brazoria ...... TX 14 .... 39077 Huron ...... OH 10 .... 48071 Chambers ...... TX 14 .... 39085 Lake ...... OH 10 .... 48157 Fort Bend...... TX 14 .... 39093 Lorain ...... OH 10 .... 48167 Galveston ...... TX 14 .... 39099 Mahoning ...... OH 10 .... 48201 Harris ...... TX 14 .... 39103 Medina ...... OH 10 .... 48291 Liberty ...... TX 14 .... 39133 Portage ...... OH 10 .... 48339 Montgomery ...... TX 14 .... 39151 Stark ...... OH 10 .... 48473 Waller ...... TX 14 .... 39153 Summit ...... OH 11 .... 13011 Banks ...... GA 14 .... 39155 Trumbull ...... OH 11 .... 13013 Barrow ...... GA 14 .... 42085 Mercer ...... PA 11 .... 13035 Butts ...... GA 15 .... 04013 Maricopa ...... AZ 11 .... 13057 Cherokee ...... GA 16 .... 53009 Clallam ...... WA 11 .... 13059 Clarke ...... GA 16 .... 53031 Jefferson ...... WA 11 .... 13063 Clayton ...... GA 16 .... 53033 King ...... WA 11 .... 13067 Cobb ...... GA 16 .... 53035 Kitsap ...... WA 11 .... 13085 Dawson ...... GA 16 .... 53053 Pierce ...... WA 11 .... 13089 DeKalb ...... GA 16 .... 53061 Snohomish ...... WA 11 .... 13097 Douglas ...... GA 17 .... 27003 Anoka ...... MN 11 .... 13105 Elbert ...... GA 17 .... 27009 Benton ...... MN 11 .... 13113 Fayette ...... GA 17 .... 27019 Carver ...... MN 11 .... 13117 Forsyth ...... GA 17 .... 27025 Chisago ...... MN 11 .... 13119 Franklin ...... GA 17 .... 27037 Dakota ...... MN 11 .... 13121 Fulton ...... GA 17 .... 27053 Hennepin ...... MN 11 .... 13133 Greene ...... GA 17 .... 27123 Ramsey ...... MN 11 .... 13135 Gwinnett ...... GA 17 .... 27139 Scott ...... MN 11 .... 13137 Habersham ...... GA 17 .... 27141 Sherburne ...... MN 11 .... 13139 Hall ...... GA 17 .... 27145 Stearns ...... MN 11 .... 13147 Hart ...... GA 17 .... 27163 Washington ...... MN 11 .... 13151 Henry ...... GA 17 .... 27171 Wright ...... MN 11 .... 13157 Jackson ...... GA 17 .... 55109 St. Croix...... WI 11 .... 13159 Jasper ...... GA 18 .... 06073 San Diego...... CA 11 .... 13187 Lumpkin ...... GA 19 .... 41003 Benton ...... OR 11 .... 13195 Madison ...... GA 19 .... 41005 Clackamas ...... OR 11 .... 13211 Morgan ...... GA 19 .... 41007 Clatsop ...... OR 11 .... 13217 Newton ...... GA 19 .... 41009 Columbia ...... OR 11 .... 13219 Oconee ...... GA 19 .... 41041 Lincoln ...... OR 11 .... 13221 Oglethorpe ...... GA 19 .... 41043 Linn ...... OR 11 .... 13223 Paulding ...... GA 19 .... 41047 Marion ...... OR 11 .... 13241 Rabun ...... GA 19 .... 41051 Multnomah ...... OR 11 .... 13247 Rockdale ...... GA 19 .... 41053 Polk ...... OR 11 .... 13257 Stephens ...... GA 19 .... 41057 Tillamook ...... OR 11 .... 13265 Taliaferro ...... GA 19 .... 41067 Washington ...... OR 11 .... 13297 Walton ...... GA 19 .... 41071 Yamhill ...... OR 11 .... 13311 White ...... GA 19 .... 53011 Clark ...... WA 12 .... 26049 Genesee ...... MI 19 .... 53015 Cowlitz ...... WA 12 .... 26087 Lapeer ...... MI 19 .... 53069 Wahkiakum ...... WA 12 .... 26093 Livingston ...... MI 20 .... 08001 Adams ...... CO 12 .... 26099 Macomb ...... MI 20 .... 08005 Arapahoe ...... CO 12 .... 26125 Oakland ...... MI 20 .... 08013 Boulder ...... CO 12 .... 26155 Shiawassee ...... MI 20 .... 08014 Broomfield ...... CO 12 .... 26147 St. Clair...... MI 20 .... 08031 Denver ...... CO 12 .... 26161 Washtenaw ...... MI 20 .... 08035 Douglas ...... CO 12 .... 26163 Wayne ...... MI 20 .... 08047 Gilpin ...... CO 13 .... 12009 Brevard ...... FL 20 .... 08059 Jefferson ...... CO 13 .... 12017 Citrus ...... FL 21 .... 12053 Hernando ...... FL 13 .... 12035 Flagler ...... FL 21 .... 12057 Hillsborough ...... FL 13 .... 12049 Hardee ...... FL 21 .... 12101 Pasco ...... FL 13 .... 12055 Highlands ...... FL 21 .... 12103 Pinellas ...... FL 13 .... 12069 Lake ...... FL 22 .... 06005 Amador ...... CA 13 .... 12083 Marion ...... FL 22 .... 06007 Butte ...... CA 13 .... 12095 Orange ...... FL 22 .... 06011 Colusa ...... CA 13 .... 12097 Osceola ...... FL 22 .... 06017 El Dorado...... CA 13 .... 12105 Polk ...... FL 22 .... 06021 Glenn ...... CA 13 .... 12117 Seminole ...... FL 22 .... 06057 Nevada ...... CA 13 .... 12119 Sumter ...... FL 22 .... 06061 Placer ...... CA 13 .... 12127 Volusia ...... FL 22 .... 06067 Sacramento ...... CA 14 .... 39007 Ashtabula ...... OH 22 .... 06101 Sutter ...... CA 14 .... 39019 Carroll ...... OH 22 .... 06113 Yolo ...... CA 14 .... 39029 Columbiana ...... OH 22 .... 06115 Yuba ...... CA 14 .... 39035 Cuyahoga ...... OH 23 .... 42003 Allegheny ...... PA 14 .... 39043 Erie ...... OH 23 .... 42005 Armstrong ...... PA

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Federal Federal PEA Information PEA Information No. Processing County name State No. Processing County name State System No. System No.

23 .... 42007 Beaver ...... PA 31 .... 18095 Madison ...... IN 23 .... 42019 Butler ...... PA 31 .... 18097 Marion ...... IN 23 .... 42063 Indiana ...... PA 32 .... 21047 Christian ...... KY 23 .... 42073 Lawrence ...... PA 32 .... 47021 Cheatham ...... TN 23 .... 42125 Washington ...... PA 32 .... 47037 Davidson ...... TN 23 .... 42129 Westmoreland ...... PA 32 .... 47043 Dickson ...... TN 24 .... 17005 Bond ...... IL 32 .... 47125 Montgomery ...... TN 24 .... 17027 Clinton ...... IL 32 .... 47147 Robertson ...... TN 24 .... 17121 Marion ...... IL 32 .... 47149 Rutherford ...... TN 24 .... 17133 Monroe ...... IL 32 .... 47165 Sumner ...... TN 24 .... 17163 St. Clair...... IL 32 .... 47187 Williamson ...... TN 24 .... 29071 Franklin ...... MO 32 .... 47189 Wilson ...... TN 24 .... 29099 Jefferson ...... MO 33 .... 37053 Currituck ...... NC 24 .... 29183 St. Charles...... MO 33 .... 51550 Chesapeake City...... VA 24 .... 29189 St. Louis...... MO 33 .... 51620 Franklin City...... VA 24 .... 29510 St. Louis City ...... MO 33 .... 51073 Gloucester ...... VA 25 .... 21015 Boone ...... KY 33 .... 51650 Hampton City...... VA 25 .... 21023 Bracken ...... KY 33 .... 51093 Isle of Wight ...... VA 25 .... 21037 Campbell ...... KY 33 .... 51095 James City...... VA 25 .... 21077 Gallatin ...... KY 33 .... 51115 Mathews ...... VA 25 .... 21081 Grant ...... KY 33 .... 51700 Newport News City ...... VA 25 .... 21117 Kenton ...... KY 33 .... 51710 Norfolk City...... VA 25 .... 21135 Lewis ...... KY 33 .... 51735 Poquoson City...... VA 25 .... 21161 Mason ...... KY 33 .... 51740 Portsmouth City...... VA 25 .... 21191 Pendleton ...... KY 33 .... 51175 Southampton ...... VA 25 .... 39001 Adams ...... OH 33 .... 51800 Suffolk City...... VA 25 .... 39015 Brown ...... OH 33 .... 51181 Surry ...... VA 25 .... 39017 Butler ...... OH 33 .... 51810 Virginia Beach City ...... VA 25 .... 39025 Clermont ...... OH 33 .... 51830 Williamsburg City...... VA 25 .... 39027 Clinton ...... OH 33 .... 51199 York ...... VA 25 .... 39061 Hamilton ...... OH 34 .... 06019 Fresno ...... CA 25 .... 39071 Highland ...... OH 34 .... 06031 Kings ...... CA 25 .... 39165 Warren ...... OH 34 .... 06039 Madera ...... CA 26 .... 04015 Mohave ...... AZ 34 .... 06107 Tulare ...... CA 26 .... 32003 Clark ...... NV 35 .... 48209 Hays ...... TX 27 .... 49011 Davis ...... UT 35 .... 48331 Milam ...... TX 27 .... 49035 Salt Lake...... UT 35 .... 48453 Travis ...... TX 27 .... 49045 Tooele ...... UT 35 .... 48491 Williamson ...... TX 27 .... 49049 Utah ...... UT 36 .... 22051 Jefferson Parish...... LA 27 .... 49057 Weber ...... UT 36 .... 22057 Lafourche Parish...... LA 28 .... 48013 Atascosa ...... TX 36 .... 22071 Orleans Parish...... LA 28 .... 48029 Bexar ...... TX 36 .... 22075 Plaquemines Parish...... LA 28 .... 48091 Comal ...... TX 36 .... 22087 St. Bernard Parish ...... LA 28 .... 48187 Guadalupe ...... TX 36 .... 22089 St. Charles Parish ...... LA 29 .... 12001 Alachua ...... FL 36 .... 22093 St. James Parish ...... LA 29 .... 12003 Baker ...... FL 36 .... 22095 St. John the Baptist Parish ..... LA 29 .... 12007 Bradford ...... FL 36 .... 22103 St. Tammany Parish ...... LA 29 .... 12019 Clay ...... FL 36 .... 22105 Tangipahoa Parish...... LA 29 .... 12023 Columbia ...... FL 36 .... 22109 Terrebonne Parish...... LA 29 .... 12029 Dixie ...... FL 36 .... 22117 Washington Parish...... LA 29 .... 12031 Duval ...... FL 36 .... 28109 Pearl River...... MS 29 .... 12041 Gilchrist ...... FL 37 .... 39041 Delaware ...... OH 29 .... 12047 Hamilton ...... FL 37 .... 39045 Fairfield ...... OH 29 .... 12067 Lafayette ...... FL 37 .... 39049 Franklin ...... OH 29 .... 12075 Levy ...... FL 37 .... 39097 Madison ...... OH 29 .... 12089 Nassau ...... FL 37 .... 39129 Pickaway ...... OH 29 .... 12107 Putnam ...... FL 38 .... 55079 Milwaukee ...... WI 29 .... 12109 St. Johns...... FL 38 .... 55089 Ozaukee ...... WI 29 .... 12121 Suwannee ...... FL 38 .... 55131 Washington ...... WI 29 .... 12125 Union ...... FL 38 .... 55133 Waukesha ...... WI 30 .... 20091 Johnson ...... KS 39 .... 40017 Canadian ...... OK 30 .... 20209 Wyandotte ...... KS 39 .... 40027 Cleveland ...... OK 30 .... 29037 Cass ...... MO 39 .... 40031 Comanche ...... OK 30 .... 29047 Clay ...... MO 39 .... 40051 Grady ...... OK 30 .... 29095 Jackson ...... MO 39 .... 40081 Lincoln ...... OK 30 .... 29165 Platte ...... MO 39 .... 40083 Logan ...... OK 30 .... 29177 Ray ...... MO 39 .... 40087 McClain ...... OK 31 .... 18011 Boone ...... IN 39 .... 40109 Oklahoma ...... OK 31 .... 18035 Delaware ...... IN 39 .... 40125 Pottawatomie ...... OK 31 .... 18057 Hamilton ...... IN 40 .... 01015 Calhoun ...... AL 31 .... 18063 Hendricks ...... IN 40 .... 01073 Jefferson ...... AL 31 .... 18081 Johnson ...... IN 40 .... 01117 Shelby ...... AL

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Federal Federal PEA Information PEA Information No. Processing County name State No. Processing County name State System No. System No.

40 .... 01115 St. Clair...... AL 48 .... 42075 Lebanon ...... PA 40 .... 01121 Talladega ...... AL 48 .... 42099 Perry ...... PA 40 .... 01125 Tuscaloosa ...... AL 48 .... 42133 York ...... PA 40 .... 01127 Walker ...... AL 49 .... 36001 Albany ...... NY 41 .... 36011 Cayuga ...... NY 49 .... 36021 Columbia ...... NY 41 .... 36017 Chenango ...... NY 49 .... 36035 Fulton ...... NY 41 .... 36023 Cortland ...... NY 49 .... 36039 Greene ...... NY 41 .... 36025 Delaware ...... NY 49 .... 36041 Hamilton ...... NY 41 .... 36043 Herkimer ...... NY 49 .... 36057 Montgomery ...... NY 41 .... 36053 Madison ...... NY 49 .... 36083 Rensselaer ...... NY 41 .... 36065 Oneida ...... NY 49 .... 36091 Saratoga ...... NY 41 .... 36067 Onondaga ...... NY 49 .... 36093 Schenectady ...... NY 41 .... 36075 Oswego ...... NY 49 .... 36095 Schoharie ...... NY 41 .... 36077 Otsego ...... NY 49 .... 36113 Warren ...... NY 41 .... 36097 Schuyler ...... NY 49 .... 36115 Washington ...... NY 41 .... 36109 Tompkins ...... NY 50 .... 37149 Polk ...... NC 42 .... 15001 Hawaii ...... HI 50 .... 45007 Anderson ...... SC 42 .... 15003 Honolulu ...... HI 50 .... 45021 Cherokee ...... SC 42 .... 15005 Kalawao ...... HI 50 .... 45045 Greenville ...... SC 42 .... 15007 Kauai ...... HI 50 .... 45073 Oconee ...... SC 42 .... 15009 Maui ...... HI 50 .... 45077 Pickens ...... SC 43 .... 37071 Gaston ...... NC 50 .... 45083 Spartanburg ...... SC 43 .... 37119 Mecklenburg ...... NC 50 .... 45087 Union ...... SC 43 .... 37179 Union ...... NC 51 .... 18019 Clark ...... IN 44 .... 36037 Genesee ...... NY 51 .... 18043 Floyd ...... IN 44 .... 36051 Livingston ...... NY 51 .... 18077 Jefferson ...... IN 44 .... 36055 Monroe ...... NY 51 .... 18143 Scott ...... IN 44 .... 36069 Ontario ...... NY 51 .... 21029 Bullitt ...... KY 44 .... 36073 Orleans ...... NY 51 .... 21041 Carroll ...... KY 44 .... 36099 Seneca ...... NY 51 .... 21103 Henry ...... KY 44 .... 36101 Steuben ...... NY 51 .... 21111 Jefferson ...... KY 44 .... 36117 Wayne ...... NY 51 .... 21185 Oldham ...... KY 44 .... 36121 Wyoming ...... NY 51 .... 21211 Shelby ...... KY 44 .... 36123 Yates ...... NY 51 .... 21223 Trimble ...... KY 45 .... 37063 Durham ...... NC 52 .... 21019 Boyd ...... KY 45 .... 37135 Orange ...... NC 52 .... 21043 Carter ...... KY 45 .... 37183 Wake ...... NC 52 .... 21063 Elliott ...... KY 46 .... 05005 Baxter ...... AR 52 .... 21089 Greenup ...... KY 46 .... 05009 Boone ...... AR 52 .... 39053 Gallia ...... OH 46 .... 05015 Carroll ...... AR 52 .... 39087 Lawrence ...... OH 46 .... 05023 Cleburne ...... AR 52 .... 39105 Meigs ...... OH 46 .... 05029 Conway ...... AR 52 .... 39167 Washington ...... OH 46 .... 05045 Faulkner ...... AR 52 .... 54005 Boone ...... WV 46 .... 05049 Fulton ...... AR 52 .... 54007 Braxton ...... WV 46 .... 05063 Independence ...... AR 52 .... 54011 Cabell ...... WV 46 .... 05065 Izard ...... AR 52 .... 54013 Calhoun ...... WV 46 .... 05067 Jackson ...... AR 52 .... 54015 Clay ...... WV 46 .... 05069 Jefferson ...... AR 52 .... 54019 Fayette ...... WV 46 .... 05071 Johnson ...... AR 52 .... 54021 Gilmer ...... WV 46 .... 05085 Lonoke ...... AR 52 .... 54035 Jackson ...... WV 46 .... 05089 Marion ...... AR 52 .... 54039 Kanawha ...... WV 46 .... 05101 Newton ...... AR 52 .... 54043 Lincoln ...... WV 46 .... 05105 Perry ...... AR 52 .... 54045 Logan ...... WV 46 .... 05115 Pope ...... AR 52 .... 54053 Mason ...... WV 46 .... 05117 Prairie ...... AR 52 .... 54067 Nicholas ...... WV 46 .... 05119 Pulaski ...... AR 52 .... 54073 Pleasants ...... WV 46 .... 05125 Saline ...... AR 52 .... 54079 Putnam ...... WV 46 .... 05129 Searcy ...... AR 52 .... 54081 Raleigh ...... WV 46 .... 05135 Sharp ...... AR 52 .... 54085 Ritchie ...... WV 46 .... 05137 Stone ...... AR 52 .... 54087 Roane ...... WV 46 .... 05141 Van Buren...... AR 52 .... 54089 Summers ...... WV 46 .... 05145 White ...... AR 52 .... 54099 Wayne ...... WV 46 .... 05147 Woodruff ...... AR 52 .... 54101 Webster ...... WV 46 .... 05149 Yell ...... AR 52 .... 54105 Wirt ...... WV 47 .... 48061 Cameron ...... TX 52 .... 54107 Wood ...... WV 47 .... 48215 Hidalgo ...... TX 52 .... 54109 Wyoming ...... WV 47 .... 48427 Starr ...... TX 53 .... 04003 Cochise ...... AZ 47 .... 48489 Willacy ...... TX 53 .... 04019 Pima ...... AZ 48 .... 42001 Adams ...... PA 53 .... 04023 Santa Cruz...... AZ 48 .... 42041 Cumberland ...... PA 54 .... 36029 Erie ...... NY 48 .... 42043 Dauphin ...... PA 54 .... 36063 Niagara ...... NY 48 .... 42067 Juniata ...... PA 55 .... 01033 Colbert ...... AL

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55 .... 01049 DeKalb ...... AL 61 .... 39051 Fulton ...... OH 55 .... 01055 Etowah ...... AL 61 .... 39063 Hancock ...... OH 55 .... 01059 Franklin ...... AL 61 .... 39065 Hardin ...... OH 55 .... 01071 Jackson ...... AL 61 .... 39069 Henry ...... OH 55 .... 01077 Lauderdale ...... AL 61 .... 39095 Lucas ...... OH 55 .... 01079 Lawrence ...... AL 61 .... 39123 Ottawa ...... OH 55 .... 01083 Limestone ...... AL 61 .... 39125 Paulding ...... OH 55 .... 01089 Madison ...... AL 61 .... 39143 Sandusky ...... OH 55 .... 01095 Marshall ...... AL 61 .... 39147 Seneca ...... OH 55 .... 01103 Morgan ...... AL 61 .... 39171 Williams ...... OH 55 .... 47103 Lincoln ...... TN 61 .... 39173 Wood ...... OH 56 .... 26005 Allegan ...... MI 61 .... 39175 Wyandot ...... OH 56 .... 26015 Barry ...... MI 62 .... 39021 Champaign ...... OH 56 .... 26023 Branch ...... MI 62 .... 39023 Clark ...... OH 56 .... 26025 Calhoun ...... MI 62 .... 39057 Greene ...... OH 56 .... 26067 Ionia ...... MI 62 .... 39109 Miami ...... OH 56 .... 26077 Kalamazoo ...... MI 62 .... 39113 Montgomery ...... OH 56 .... 26107 Mecosta ...... MI 62 .... 39135 Preble ...... OH 56 .... 26117 Montcalm ...... MI 63 .... 40021 Cherokee ...... OK 56 .... 26121 Muskegon ...... MI 63 .... 40037 Creek ...... OK 56 .... 26123 Newaygo ...... MI 63 .... 40097 Mayes ...... OK 56 .... 26127 Oceana ...... MI 63 .... 40113 Osage ...... OK 56 .... 26159 Van Buren...... MI 63 .... 40131 Rogers ...... OK 57 .... 51036 Charles City...... VA 63 .... 40143 Tulsa ...... OK 57 .... 51041 Chesterfield ...... VA 63 .... 40145 Wagoner ...... OK 57 .... 51057 Essex ...... VA 64 .... 18039 Elkhart ...... IN 57 .... 51075 Goochland ...... VA 64 .... 18049 Fulton ...... IN 57 .... 51085 Hanover ...... VA 64 .... 18085 Kosciusko ...... IN 57 .... 51087 Henrico ...... VA 64 .... 18087 Lagrange ...... IN 57 .... 51097 King and Queen ...... VA 64 .... 18099 Marshall ...... IN 57 .... 51101 King William...... VA 64 .... 18131 Pulaski ...... IN 57 .... 51103 Lancaster ...... VA 64 .... 18141 St. Joseph...... IN 57 .... 51119 Middlesex ...... VA 64 .... 18149 Starke ...... IN 57 .... 51127 New Kent...... VA 64 .... 26021 Berrien ...... MI 57 .... 51133 Northumberland ...... VA 64 .... 26027 Cass ...... MI 57 .... 51145 Powhatan ...... VA 64 .... 26149 St. Joseph...... MI 57 .... 51159 Richmond ...... VA 65 .... 12021 Collier ...... FL 57 .... 51760 Richmond City...... VA 65 .... 12071 Lee ...... FL 58 .... 17023 Clark ...... IL 66 .... 26037 Clinton ...... MI 58 .... 18007 Benton ...... IN 66 .... 26045 Eaton ...... MI 58 .... 18015 Carroll ...... IN 66 .... 26059 Hillsdale ...... MI 58 .... 18017 Cass ...... IN 66 .... 26065 Ingham ...... MI 58 .... 18021 Clay ...... IN 66 .... 26075 Jackson ...... MI 58 .... 18023 Clinton ...... IN 66 .... 26091 Lenawee ...... MI 58 .... 18045 Fountain ...... IN 66 .... 26115 Monroe ...... MI 58 .... 18055 Greene ...... IN 67 .... 12015 Charlotte ...... FL 58 .... 18067 Howard ...... IN 67 .... 12027 DeSoto ...... FL 58 .... 18093 Lawrence ...... IN 67 .... 12081 Manatee ...... FL 58 .... 18103 Miami ...... IN 67 .... 12115 Sarasota ...... FL 58 .... 18105 Monroe ...... IN 68 .... 26081 Kent ...... MI 58 .... 18107 Montgomery ...... IN 68 .... 26139 Ottawa ...... MI 58 .... 18109 Morgan ...... IN 69 .... 25003 Berkshire ...... MA 58 .... 18117 Orange ...... IN 69 .... 25011 Franklin ...... MA 58 .... 18119 Owen ...... IN 69 .... 25013 Hampden ...... MA 58 .... 18121 Parke ...... IN 69 .... 25015 Hampshire ...... MA 58 .... 18133 Putnam ...... IN 69 .... 50003 Bennington ...... VT 58 .... 18153 Sullivan ...... IN 70 .... 06015 Del Norte...... CA 58 .... 18157 Tippecanoe ...... IN 70 .... 41011 Coos ...... OR 58 .... 18159 Tipton ...... IN 70 .... 41015 Curry ...... OR 58 .... 18165 Vermillion ...... IN 70 .... 41019 Douglas ...... OR 58 .... 18167 Vigo ...... IN 70 .... 41029 Jackson ...... OR 58 .... 18171 Warren ...... IN 70 .... 41033 Josephine ...... OR 58 .... 18181 White ...... IN 70 .... 41039 Lane ...... OR 59 .... 05035 Crittenden ...... AR 71 .... 47001 Anderson ...... TN 59 .... 47157 Shelby ...... TN 71 .... 47009 Blount ...... TN 59 .... 47167 Tipton ...... TN 71 .... 47013 Campbell ...... TN 60 .... 33001 Belknap ...... NH 71 .... 47093 Knox ...... TN 60 .... 33011 Hillsborough ...... NH 71 .... 47105 Loudon ...... TN 60 .... 33013 Merrimack ...... NH 71 .... 47129 Morgan ...... TN 60 .... 33015 Rockingham ...... NH 71 .... 47145 Roane ...... TN 60 .... 33017 Strafford ...... NH 71 .... 47151 Scott ...... TN 61 .... 39039 Defiance ...... OH 71 .... 47173 Union ...... TN

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72 .... 12005 Bay ...... FL 79 .... 28061 Jasper ...... MS 72 .... 12013 Calhoun ...... FL 79 .... 28063 Jefferson ...... MS 72 .... 12037 Franklin ...... FL 79 .... 28065 Jefferson Davis...... MS 72 .... 12039 Gadsden ...... FL 79 .... 28067 Jones ...... MS 72 .... 12045 Gulf ...... FL 79 .... 28069 Kemper ...... MS 72 .... 12063 Jackson ...... FL 79 .... 28073 Lamar ...... MS 72 .... 12065 Jefferson ...... FL 79 .... 28075 Lauderdale ...... MS 72 .... 12073 Leon ...... FL 79 .... 28077 Lawrence ...... MS 72 .... 12077 Liberty ...... FL 79 .... 28079 Leake ...... MS 72 .... 12079 Madison ...... FL 79 .... 28085 Lincoln ...... MS 72 .... 12123 Taylor ...... FL 79 .... 28091 Marion ...... MS 72 .... 12129 Wakulla ...... FL 79 .... 28099 Neshoba ...... MS 72 .... 13087 Decatur ...... GA 79 .... 28101 Newton ...... MS 72 .... 13099 Early ...... GA 79 .... 28111 Perry ...... MS 72 .... 13131 Grady ...... GA 79 .... 28113 Pike ...... MS 72 .... 13201 Miller ...... GA 79 .... 28123 Scott ...... MS 72 .... 13253 Seminole ...... GA 79 .... 28127 Simpson ...... MS 72 .... 13275 Thomas ...... GA 79 .... 28129 Smith ...... MS 73 .... 48141 El Paso...... TX 79 .... 28147 Walthall ...... MS 74 .... 13047 Catoosa ...... GA 79 .... 28153 Wayne ...... MS 74 .... 13083 Dade ...... GA 80 .... 19155 Pottawattamie ...... IA 74 .... 13295 Walker ...... GA 80 .... 31055 Douglas ...... NE 74 .... 47007 Bledsoe ...... TN 80 .... 31153 Sarpy ...... NE 74 .... 47011 Bradley ...... TN 81 .... 26001 Alcona ...... MI 74 .... 47065 Hamilton ...... TN 81 .... 26011 Arenac ...... MI 74 .... 47115 Marion ...... TN 81 .... 26017 Bay ...... MI 74 .... 47107 McMinn ...... TN 81 .... 26035 Clare ...... MI 74 .... 47121 Meigs ...... TN 81 .... 26051 Gladwin ...... MI 74 .... 47123 Monroe ...... TN 81 .... 26057 Gratiot ...... MI 74 .... 47139 Polk ...... TN 81 .... 26063 Huron ...... MI 74 .... 47143 Rhea ...... TN 81 .... 26069 Iosco ...... MI 74 .... 47153 Sequatchie ...... TN 81 .... 26073 Isabella ...... MI 75 .... 35001 Bernalillo ...... NM 81 .... 26111 Midland ...... MI 75 .... 35043 Sandoval ...... NM 81 .... 26129 Ogemaw ...... MI 76 .... 06003 Alpine ...... CA 81 .... 26145 Saginaw ...... MI 76 .... 06027 Inyo ...... CA 81 .... 26151 Sanilac ...... MI 76 .... 06035 Lassen ...... CA 81 .... 26157 Tuscola ...... MI 76 .... 06051 Mono ...... CA 82 .... 22005 Ascension Parish...... LA 76 .... 06063 Plumas ...... CA 82 .... 22007 Assumption Parish...... LA 76 .... 06091 Sierra ...... CA 82 .... 22033 East Baton Rouge Parish ...... LA 76 .... 32510 Carson City...... NV 82 .... 22047 Iberville Parish...... LA 76 .... 32001 Churchill ...... NV 82 .... 22063 Livingston Parish...... LA 76 .... 32005 Douglas ...... NV 82 .... 22121 West Baton Rouge Parish ...... LA 76 .... 32007 Elko ...... NV 83 .... 18001 Adams ...... IN 76 .... 32011 Eureka ...... NV 83 .... 18003 Allen ...... IN 76 .... 32013 Humboldt ...... NV 83 .... 18009 Blackford ...... IN 76 .... 32015 Lander ...... NV 83 .... 18033 De Kalb...... IN 76 .... 32019 Lyon ...... NV 83 .... 18053 Grant ...... IN 76 .... 32027 Pershing ...... NV 83 .... 18069 Huntington ...... IN 76 .... 32029 Storey ...... NV 83 .... 18075 Jay ...... IN 76 .... 32031 Washoe ...... NV 83 .... 18113 Noble ...... IN 76 .... 32033 White Pine...... NV 83 .... 18151 Steuben ...... IN 77 .... 23001 Androscoggin ...... ME 83 .... 18169 Wabash ...... IN 77 .... 23005 Cumberland ...... ME 83 .... 18179 Wells ...... IN 77 .... 23007 Franklin ...... ME 83 .... 18183 Whitley ...... IN 77 .... 23013 Knox ...... ME 84 .... 01003 Baldwin ...... AL 77 .... 23015 Lincoln ...... ME 84 .... 01025 Clarke ...... AL 77 .... 23017 Oxford ...... ME 84 .... 01035 Conecuh ...... AL 77 .... 23023 Sagadahoc ...... ME 84 .... 01053 Escambia ...... AL 77 .... 23031 York ...... ME 84 .... 01097 Mobile ...... AL 78 .... 37001 Alamance ...... NC 84 .... 01099 Monroe ...... AL 78 .... 37081 Guilford ...... NC 84 .... 01129 Washington ...... AL 78 .... 37151 Randolph ...... NC 84 .... 01131 Wilcox ...... AL 79 .... 28001 Adams ...... MS 85 .... 45015 Berkeley ...... SC 79 .... 28005 Amite ...... MS 85 .... 45019 Charleston ...... SC 79 .... 28021 Claiborne ...... MS 85 .... 45029 Colleton ...... SC 79 .... 28023 Clarke ...... MS 85 .... 45035 Dorchester ...... SC 79 .... 28029 Copiah ...... MS 86 .... 21005 Anderson ...... KY 79 .... 28031 Covington ...... MS 86 .... 21011 Bath ...... KY 79 .... 28035 Forrest ...... MS 86 .... 21017 Bourbon ...... KY 79 .... 28037 Franklin ...... MS 86 .... 21049 Clark ...... KY 79 .... 28041 Greene ...... MS 86 .... 21067 Fayette ...... KY

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86 .... 21069 Fleming ...... KY 95 .... 21127 Lawrence ...... KY 86 .... 21073 Franklin ...... KY 95 .... 21129 Lee ...... KY 86 .... 21097 Harrison ...... KY 95 .... 21133 Letcher ...... KY 86 .... 21113 Jessamine ...... KY 95 .... 21153 Magoffin ...... KY 86 .... 21165 Menifee ...... KY 95 .... 21159 Martin ...... KY 86 .... 21167 Mercer ...... KY 95 .... 21175 Morgan ...... KY 86 .... 21173 Montgomery ...... KY 95 .... 21189 Owsley ...... KY 86 .... 21181 Nicholas ...... KY 95 .... 21193 Perry ...... KY 86 .... 21187 Owen ...... KY 95 .... 21195 Pike ...... KY 86 .... 21201 Robertson ...... KY 95 .... 21197 Powell ...... KY 86 .... 21205 Rowan ...... KY 95 .... 21237 Wolfe ...... KY 86 .... 21209 Scott ...... KY 95 .... 51021 Bland ...... VA 86 .... 21239 Woodford ...... KY 95 .... 51027 Buchanan ...... VA 87 .... 12033 Escambia ...... FL 95 .... 51051 Dickenson ...... VA 87 .... 12091 Okaloosa ...... FL 95 .... 51105 Lee ...... VA 87 .... 12113 Santa Rosa...... FL 95 .... 51720 Norton City...... VA 87 .... 12131 Walton ...... FL 95 .... 51167 Russell ...... VA 88 .... 24001 Allegany ...... MD 95 .... 51185 Tazewell ...... VA 88 .... 24021 Frederick ...... MD 95 .... 51195 Wise ...... VA 88 .... 24023 Garrett ...... MD 95 .... 54047 McDowell ...... WV 88 .... 24043 Washington ...... MD 95 .... 54055 Mercer ...... WV 88 .... 42055 Franklin ...... PA 95 .... 54059 Mingo ...... WV 88 .... 42057 Fulton ...... PA 96 .... 21001 Adair ...... KY 88 .... 54057 Mineral ...... WV 96 .... 21013 Bell ...... KY 89 .... 45063 Lexington ...... SC 96 .... 21021 Boyle ...... KY 89 .... 45079 Richland ...... SC 96 .... 21045 Casey ...... KY 90 .... 22025 Catahoula Parish...... LA 96 .... 21051 Clay ...... KY 90 .... 22029 Concordia Parish...... LA 96 .... 21053 Clinton ...... KY 90 .... 22065 Madison Parish...... LA 96 .... 21079 Garrard ...... KY 90 .... 22107 Tensas Parish...... LA 96 .... 21087 Green ...... KY 90 .... 28007 Attala ...... MS 96 .... 21095 Harlan ...... KY 90 .... 28049 Hinds ...... MS 96 .... 21121 Knox ...... KY 90 .... 28051 Holmes ...... MS 96 .... 21125 Laurel ...... KY 90 .... 28089 Madison ...... MS 96 .... 21131 Leslie ...... KY 90 .... 28121 Rankin ...... MS 96 .... 21137 Lincoln ...... KY 90 .... 28149 Warren ...... MS 96 .... 21151 Madison ...... KY 90 .... 28163 Yazoo ...... MS 96 .... 21147 McCreary ...... KY 91 .... 08041 El Paso...... CO 96 .... 21199 Pulaski ...... KY 91 .... 08119 Teller ...... CO 96 .... 21203 Rockcastle ...... KY 92 .... 17019 Champaign ...... IL 96 .... 21207 Russell ...... KY 92 .... 17025 Clay ...... IL 96 .... 21217 Taylor ...... KY 92 .... 17029 Coles ...... IL 96 .... 21231 Wayne ...... KY 92 .... 17035 Cumberland ...... IL 96 .... 21235 Whitley ...... KY 92 .... 17041 Douglas ...... IL 96 .... 47025 Claiborne ...... TN 92 .... 17045 Edgar ...... IL 97 .... 19143 Osceola ...... IA 92 .... 17049 Effingham ...... IL 97 .... 27013 Blue Earth...... MN 92 .... 17051 Fayette ...... IL 97 .... 27015 Brown ...... MN 92 .... 17053 Ford ...... IL 97 .... 27023 Chippewa ...... MN 92 .... 17079 Jasper ...... IL 97 .... 27033 Cottonwood ...... MN 92 .... 17115 Macon ...... IL 97 .... 27043 Faribault ...... MN 92 .... 17139 Moultrie ...... IL 97 .... 27047 Freeborn ...... MN 92 .... 17147 Piatt ...... IL 97 .... 27063 Jackson ...... MN 92 .... 17173 Shelby ...... IL 97 .... 27067 Kandiyohi ...... MN 92 .... 17183 Vermilion ...... IL 97 .... 27073 Lac qui Parle ...... MN 93 .... 22001 Acadia Parish...... LA 97 .... 27079 Le Sueur...... MN 93 .... 22039 Evangeline Parish...... LA 97 .... 27081 Lincoln ...... MN 93 .... 22045 Iberia Parish...... LA 97 .... 27083 Lyon ...... MN 93 .... 22055 Lafayette Parish...... LA 97 .... 27091 Martin ...... MN 93 .... 22097 St. Landry Parish ...... LA 97 .... 27085 McLeod ...... MN 93 .... 22099 St. Martin Parish ...... LA 97 .... 27093 Meeker ...... MN 93 .... 22101 St. Mary Parish ...... LA 97 .... 27101 Murray ...... MN 93 .... 22113 Vermilion Parish...... LA 97 .... 27103 Nicollet ...... MN 94 .... 48027 Bell ...... TX 97 .... 27105 Nobles ...... MN 94 .... 48099 Coryell ...... TX 97 .... 27127 Redwood ...... MN 94 .... 48145 Falls ...... TX 97 .... 27129 Renville ...... MN 94 .... 48309 McLennan ...... TX 97 .... 27131 Rice ...... MN 95 .... 21025 Breathitt ...... KY 97 .... 27143 Sibley ...... MN 95 .... 21065 Estill ...... KY 97 .... 27147 Steele ...... MN 95 .... 21071 Floyd ...... KY 97 .... 27161 Waseca ...... MN 95 .... 21109 Jackson ...... KY 97 .... 27165 Watonwan ...... MN 95 .... 21115 Johnson ...... KY 97 .... 27173 Yellow Medicine...... MN 95 .... 21119 Knott ...... KY 98 .... 47019 Carter ...... TN

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98 .... 47059 Greene ...... TN 103 .. 51157 Rappahannock ...... VA 98 .... 47073 Hawkins ...... TN 103 .. 51171 Shenandoah ...... VA 98 .... 47163 Sullivan ...... TN 103 .. 51187 Warren ...... VA 98 .... 47171 Unicoi ...... TN 103 .. 51840 Winchester City...... VA 98 .... 47179 Washington ...... TN 103 .. 54003 Berkeley ...... WV 98 .... 51520 Bristol City...... VA 103 .. 54023 Grant ...... WV 98 .... 51169 Scott ...... VA 103 .. 54027 Hampshire ...... WV 98 .... 51173 Smyth ...... VA 103 .. 54031 Hardy ...... WV 98 .... 51191 Washington ...... VA 103 .. 54037 Jefferson ...... WV 99 .... 28003 Alcorn ...... MS 103 .. 54065 Morgan ...... WV 99 .... 28013 Calhoun ...... MS 103 .. 54083 Randolph ...... WV 99 .... 28017 Chickasaw ...... MS 103 .. 54093 Tucker ...... WV 99 .... 28019 Choctaw ...... MS 104 .. 08069 Larimer ...... CO 99 .... 28025 Clay ...... MS 104 .. 08123 Weld ...... CO 99 .... 28043 Grenada ...... MS 105 .. 13073 Columbia ...... GA 99 .... 28057 Itawamba ...... MS 105 .. 13181 Lincoln ...... GA 99 .... 28081 Lee ...... MS 105 .. 13189 McDuffie ...... GA 99 .... 28087 Lowndes ...... MS 105 .. 13245 Richmond ...... GA 99 .... 28095 Monroe ...... MS 105 .. 13317 Wilkes ...... GA 99 .... 28097 Montgomery ...... MS 105 .. 45003 Aiken ...... SC 99 .... 28103 Noxubee ...... MS 105 .. 45037 Edgefield ...... SC 99 .... 28105 Oktibbeha ...... MS 106 .. 39009 Athens ...... OH 99 .... 28115 Pontotoc ...... MS 106 .. 39047 Fayette ...... OH 99 .... 28117 Prentiss ...... MS 106 .. 39059 Guernsey ...... OH 99 .... 28139 Tippah ...... MS 106 .. 39073 Hocking ...... OH 99 .... 28141 Tishomingo ...... MS 106 .. 39079 Jackson ...... OH 99 .... 28145 Union ...... MS 106 .. 39115 Morgan ...... OH 99 .... 28155 Webster ...... MS 106 .. 39119 Muskingum ...... OH 99 .... 28159 Winston ...... MS 106 .. 39121 Noble ...... OH 99 .... 47071 Hardin ...... TN 106 .. 39127 Perry ...... OH 99 .... 47109 McNairy ...... TN 106 .. 39131 Pike ...... OH 100 .. 37013 Beaufort ...... NC 106 .. 39141 Ross ...... OH 100 .. 37031 Carteret ...... NC 106 .. 39145 Scioto ...... OH 100 .. 37049 Craven ...... NC 106 .. 39163 Vinton ...... OH 100 .. 37055 Dare ...... NC 107 .. 23003 Aroostook ...... ME 100 .. 37079 Greene ...... NC 107 .. 23009 Hancock ...... ME 100 .. 37095 Hyde ...... NC 107 .. 23011 Kennebec ...... ME 100 .. 37103 Jones ...... NC 107 .. 23019 Penobscot ...... ME 100 .. 37107 Lenoir ...... NC 107 .. 23021 Piscataquis ...... ME 100 .. 37117 Martin ...... NC 107 .. 23025 Somerset ...... ME 100 .. 37137 Pamlico ...... NC 107 .. 23027 Waldo ...... ME 100 .. 37147 Pitt ...... NC 107 .. 23029 Washington ...... ME 100 .. 37177 Tyrrell ...... NC 108 .. 19049 Dallas ...... IA 100 .. 37187 Washington ...... NC 108 .. 19153 Polk ...... IA 101 .. 20015 Butler ...... KS 108 .. 19181 Warren ...... IA 101 .. 20173 Sedgwick ...... KS 109 .. 37065 Edgecombe ...... NC 102 .. 08015 Chaffee ...... CO 109 .. 37069 Franklin ...... NC 102 .. 08019 Clear Creek...... CO 109 .. 37077 Granville ...... NC 102 .. 08027 Custer ...... CO 109 .. 37083 Halifax ...... NC 102 .. 08029 Delta ...... CO 109 .. 37127 Nash ...... NC 102 .. 08037 Eagle ...... CO 109 .. 37131 Northampton ...... NC 102 .. 08043 Fremont ...... CO 109 .. 37145 Person ...... NC 102 .. 08045 Garfield ...... CO 109 .. 37181 Vance ...... NC 102 .. 08049 Grand ...... CO 109 .. 37185 Warren ...... NC 102 .. 08051 Gunnison ...... CO 109 .. 37195 Wilson ...... NC 102 .. 08053 Hinsdale ...... CO 110 .. 21075 Fulton ...... KY 102 .. 08057 Jackson ...... CO 110 .. 21105 Hickman ...... KY 102 .. 08065 Lake ...... CO 110 .. 47005 Benton ...... TN 102 .. 08077 Mesa ...... CO 110 .. 47017 Carroll ...... TN 102 .. 08081 Moffat ...... CO 110 .. 47023 Chester ...... TN 102 .. 08085 Montrose ...... CO 110 .. 47033 Crockett ...... TN 102 .. 08091 Ouray ...... CO 110 .. 47039 Decatur ...... TN 102 .. 08093 Park ...... CO 110 .. 47045 Dyer ...... TN 102 .. 08097 Pitkin ...... CO 110 .. 47047 Fayette ...... TN 102 .. 08103 Rio Blanco...... CO 110 .. 47053 Gibson ...... TN 102 .. 08107 Routt ...... CO 110 .. 47069 Hardeman ...... TN 102 .. 08113 San Miguel...... CO 110 .. 47075 Haywood ...... TN 102 .. 08117 Summit ...... CO 110 .. 47077 Henderson ...... TN 103 .. 51043 Clarke ...... VA 110 .. 47079 Henry ...... TN 103 .. 51061 Fauquier ...... VA 110 .. 47095 Lake ...... TN 103 .. 51069 Frederick ...... VA 110 .. 47097 Lauderdale ...... TN 103 .. 51139 Page ...... VA 110 .. 47113 Madison ...... TN

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110 .. 47131 Obion ...... TN 118 .. 18065 Henry ...... IN 110 .. 47183 Weakley ...... TN 118 .. 18071 Jackson ...... IN 111 .. 05007 Benton ...... AR 118 .. 18079 Jennings ...... IN 111 .. 05087 Madison ...... AR 118 .. 18135 Randolph ...... IN 111 .. 05143 Washington ...... AR 118 .. 18139 Rush ...... IN 111 .. 29119 McDonald ...... MO 118 .. 18145 Shelby ...... IN 111 .. 40001 Adair ...... OK 118 .. 18161 Union ...... IN 111 .. 40041 Delaware ...... OK 118 .. 18177 Wayne ...... IN 112 .. 21003 Allen ...... KY 119 .. 53005 Benton ...... WA 112 .. 21009 Barren ...... KY 119 .. 53021 Franklin ...... WA 112 .. 21031 Butler ...... KY 119 .. 53077 Yakima ...... WA 112 .. 21057 Cumberland ...... KY 120 .. 05027 Columbia ...... AR 112 .. 21061 Edmonson ...... KY 120 .. 05073 Lafayette ...... AR 112 .. 21099 Hart ...... KY 120 .. 22013 Bienville Parish...... LA 112 .. 21141 Logan ...... KY 120 .. 22015 Bossier Parish...... LA 112 .. 21169 Metcalfe ...... KY 120 .. 22017 Caddo Parish...... LA 112 .. 21171 Monroe ...... KY 120 .. 22027 Claiborne Parish...... LA 112 .. 21213 Simpson ...... KY 120 .. 22119 Webster Parish...... LA 112 .. 21219 Todd ...... KY 120 .. 22127 Winn Parish...... LA 112 .. 21227 Warren ...... KY 121 .. 42009 Bedford ...... PA 112 .. 47027 Clay ...... TN 121 .. 42013 Blair ...... PA 112 .. 47035 Cumberland ...... TN 121 .. 42021 Cambria ...... PA 112 .. 47049 Fentress ...... TN 121 .. 42061 Huntingdon ...... PA 112 .. 47087 Jackson ...... TN 121 .. 42087 Mifflin ...... PA 112 .. 47111 Macon ...... TN 121 .. 42111 Somerset ...... PA 112 .. 47133 Overton ...... TN 122 .. 55025 Dane ...... WI 112 .. 47137 Pickett ...... TN 123 .. 39005 Ashland ...... OH 112 .. 47141 Putnam ...... TN 123 .. 39033 Crawford ...... OH 112 .. 47169 Trousdale ...... TN 123 .. 39067 Harrison ...... OH 113 .. 42031 Clarion ...... PA 123 .. 39075 Holmes ...... OH 113 .. 42039 Crawford ...... PA 123 .. 39139 Richland ...... OH 113 .. 42049 Erie ...... PA 123 .. 39157 Tuscarawas ...... OH 113 .. 42053 Forest ...... PA 123 .. 39169 Wayne ...... OH 113 .. 42121 Venango ...... PA 124 .. 53027 Grays Harbor...... WA 113 .. 42123 Warren ...... PA 124 .. 53041 Lewis ...... WA 114 .. 42051 Fayette ...... PA 124 .. 53045 Mason ...... WA 114 .. 42059 Greene ...... PA 124 .. 53049 Pacific ...... WA 114 .. 54001 Barbour ...... WV 124 .. 53067 Thurston ...... WA 114 .. 54017 Doddridge ...... WV 125 .. 17013 Calhoun ...... IL 114 .. 54033 Harrison ...... WV 125 .. 17083 Jersey ...... IL 114 .. 54041 Lewis ...... WV 125 .. 17117 Macoupin ...... IL 114 .. 54049 Marion ...... WV 125 .. 17119 Madison ...... IL 114 .. 54061 Monongalia ...... WV 125 .. 29073 Gasconade ...... MO 114 .. 54077 Preston ...... WV 125 .. 29113 Lincoln ...... MO 114 .. 54091 Taylor ...... WV 125 .. 29139 Montgomery ...... MO 114 .. 54097 Upshur ...... WV 125 .. 29163 Pike ...... MO 115 .. 37021 Buncombe ...... NC 125 .. 29219 Warren ...... MO 115 .. 37087 Haywood ...... NC 126 .. 04007 Gila ...... AZ 115 .. 37089 Henderson ...... NC 126 .. 04009 Graham ...... AZ 115 .. 37099 Jackson ...... NC 126 .. 04011 Greenlee ...... AZ 115 .. 37115 Madison ...... NC 126 .. 04021 Pinal ...... AZ 115 .. 37173 Swain ...... NC 127 .. 18027 Daviess ...... IN 115 .. 37175 Transylvania ...... NC 127 .. 18037 Dubois ...... IN 116 .. 17007 Boone ...... IL 127 .. 18051 Gibson ...... IN 116 .. 17201 Winnebago ...... IL 127 .. 18083 Knox ...... IN 116 .. 55105 Rock ...... WI 127 .. 18101 Martin ...... IN 117 .. 13045 Carroll ...... GA 127 .. 18123 Perry ...... IN 117 .. 13077 Coweta ...... GA 127 .. 18125 Pike ...... IN 117 .. 13143 Haralson ...... GA 127 .. 18129 Posey ...... IN 117 .. 13149 Heard ...... GA 127 .. 18147 Spencer ...... IN 117 .. 13171 Lamar ...... GA 127 .. 18163 Vanderburgh ...... IN 117 .. 13199 Meriwether ...... GA 127 .. 18173 Warrick ...... IN 117 .. 13231 Pike ...... GA 128 .. 13009 Baldwin ...... GA 117 .. 13255 Spalding ...... GA 128 .. 13021 Bibb ...... GA 117 .. 13263 Talbot ...... GA 128 .. 13023 Bleckley ...... GA 117 .. 13285 Troup ...... GA 128 .. 13091 Dodge ...... GA 117 .. 13293 Upson ...... GA 128 .. 13153 Houston ...... GA 118 .. 18005 Bartholomew ...... IN 128 .. 13169 Jones ...... GA 118 .. 18013 Brown ...... IN 128 .. 13225 Peach ...... GA 118 .. 18031 Decatur ...... IN 128 .. 13235 Pulaski ...... GA 118 .. 18041 Fayette ...... IN 128 .. 13289 Twiggs ...... GA 118 .. 18059 Hancock ...... IN 128 .. 13315 Wilcox ...... GA

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128 .. 13319 Wilkinson ...... GA 137 .. 55113 Sawyer ...... WI 129 .. 17001 Adams ...... IL 137 .. 55129 Washburn ...... WI 129 .. 17009 Brown ...... IL 138 .. 50001 Addison ...... VT 129 .. 17017 Cass ...... IL 138 .. 50005 Caledonia ...... VT 129 .. 17021 Christian ...... IL 138 .. 50007 Chittenden ...... VT 129 .. 17061 Greene ...... IL 138 .. 50011 Franklin ...... VT 129 .. 17107 Logan ...... IL 138 .. 50013 Grand Isle...... VT 129 .. 17129 Menard ...... IL 138 .. 50015 Lamoille ...... VT 129 .. 17135 Montgomery ...... IL 138 .. 50019 Orleans ...... VT 129 .. 17137 Morgan ...... IL 138 .. 50021 Rutland ...... VT 129 .. 17149 Pike ...... IL 138 .. 50023 Washington ...... VT 129 .. 17167 Sangamon ...... IL 139 .. 05001 Arkansas ...... AR 129 .. 17169 Schuyler ...... IL 139 .. 05003 Ashley ...... AR 129 .. 17171 Scott ...... IL 139 .. 05011 Bradley ...... AR 130 .. 53063 Spokane ...... WA 139 .. 05013 Calhoun ...... AR 131 .. 37037 Chatham ...... NC 139 .. 05017 Chicot ...... AR 131 .. 37085 Harnett ...... NC 139 .. 05019 Clark ...... AR 131 .. 37101 Johnston ...... NC 139 .. 05025 Cleveland ...... AR 131 .. 37105 Lee ...... NC 139 .. 05039 Dallas ...... AR 131 .. 37163 Sampson ...... NC 139 .. 05041 Desha ...... AR 132 .. 48007 Aransas ...... TX 139 .. 05043 Drew ...... AR 132 .. 48025 Bee ...... TX 139 .. 05051 Garland ...... AR 132 .. 48355 Nueces ...... TX 139 .. 05053 Grant ...... AR 132 .. 48391 Refugio ...... TX 139 .. 05057 Hempstead ...... AR 132 .. 48409 San Patricio...... TX 139 .. 05059 Hot Spring...... AR 133 .. 48005 Angelina ...... TX 139 .. 05061 Howard ...... AR 133 .. 48161 Freestone ...... TX 139 .. 05079 Lincoln ...... AR 133 .. 48225 Houston ...... TX 139 .. 05095 Monroe ...... AR 133 .. 48289 Leon ...... TX 139 .. 05097 Montgomery ...... AR 133 .. 48293 Limestone ...... TX 139 .. 05099 Nevada ...... AR 133 .. 48313 Madison ...... TX 139 .. 05103 Ouachita ...... AR 133 .. 48347 Nacogdoches ...... TX 139 .. 05109 Pike ...... AR 133 .. 48373 Polk ...... TX 139 .. 05139 Union ...... AR 133 .. 48395 Robertson ...... TX 140 .. 51033 Caroline ...... VA 133 .. 48403 Sabine ...... TX 140 .. 51047 Culpeper ...... VA 133 .. 48405 San Augustine...... TX 140 .. 51630 Fredericksburg City...... VA 133 .. 48407 San Jacinto...... TX 140 .. 51099 King George...... VA 133 .. 48419 Shelby ...... TX 140 .. 51113 Madison ...... VA 133 .. 48455 Trinity ...... TX 140 .. 51137 Orange ...... VA 133 .. 48471 Walker ...... TX 140 .. 51177 Spotsylvania ...... VA 134 .. 39031 Coshocton ...... OH 140 .. 51179 Stafford ...... VA 134 .. 39083 Knox ...... OH 140 .. 51193 Westmoreland ...... VA 134 .. 39089 Licking ...... OH 141 .. 27001 Aitkin ...... MN 134 .. 39091 Logan ...... OH 141 .. 27007 Beltrami ...... MN 134 .. 39101 Marion ...... OH 141 .. 27021 Cass ...... MN 134 .. 39117 Morrow ...... OH 141 .. 27029 Clearwater ...... MN 134 .. 39159 Union ...... OH 141 .. 27035 Crow Wing...... MN 135 .. 48199 Hardin ...... TX 141 .. 27041 Douglas ...... MN 135 .. 48241 Jasper ...... TX 141 .. 27051 Grant ...... MN 135 .. 48245 Jefferson ...... TX 141 .. 27057 Hubbard ...... MN 135 .. 48351 Newton ...... TX 141 .. 27059 Isanti ...... MN 135 .. 48361 Orange ...... TX 141 .. 27065 Kanabec ...... MN 135 .. 48457 Tyler ...... TX 141 .. 27095 Mille Lacs...... MN 136 .. 42035 Clinton ...... PA 141 .. 27097 Morrison ...... MN 136 .. 42037 Columbia ...... PA 141 .. 27115 Pine ...... MN 136 .. 42081 Lycoming ...... PA 141 .. 27121 Pope ...... MN 136 .. 42093 Montour ...... PA 141 .. 27149 Stevens ...... MN 136 .. 42097 Northumberland ...... PA 141 .. 27151 Swift ...... MN 136 .. 42109 Snyder ...... PA 141 .. 27153 Todd ...... MN 136 .. 42113 Sullivan ...... PA 141 .. 27159 Wadena ...... MN 136 .. 42119 Union ...... PA 142 .. 06009 Calaveras ...... CA 136 .. 42131 Wyoming ...... PA 142 .. 06043 Mariposa ...... CA 137 .. 27049 Goodhue ...... MN 142 .. 06047 Merced ...... CA 137 .. 55005 Barron ...... WI 142 .. 06069 San Benito...... CA 137 .. 55013 Burnett ...... WI 142 .. 06109 Tuolumne ...... CA 137 .. 55017 Chippewa ...... WI 143 .. 33003 Carroll ...... NH 137 .. 55033 Dunn ...... WI 143 .. 33005 Cheshire ...... NH 137 .. 55035 Eau Claire...... WI 143 .. 33007 Coos ...... NH 137 .. 55091 Pepin ...... WI 143 .. 33009 Grafton ...... NH 137 .. 55093 Pierce ...... WI 143 .. 33019 Sullivan ...... NH 137 .. 55095 Polk ...... WI 143 .. 50009 Essex ...... VT 137 .. 55107 Rusk ...... WI 143 .. 50017 Orange ...... VT

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143 .. 50025 Windham ...... VT 153 .. 55055 Jefferson ...... WI 143 .. 50027 Windsor ...... VT 153 .. 55127 Walworth ...... WI 144 .. 48063 Camp ...... TX 154 .. 45033 Dillon ...... SC 144 .. 48119 Delta ...... TX 154 .. 45043 Georgetown ...... SC 144 .. 48147 Fannin ...... TX 154 .. 45051 Horry ...... SC 144 .. 48159 Franklin ...... TX 154 .. 45067 Marion ...... SC 144 .. 48223 Hopkins ...... TX 155 .. 55015 Calumet ...... WI 144 .. 48231 Hunt ...... TX 155 .. 55087 Outagamie ...... WI 144 .. 48277 Lamar ...... TX 155 .. 55139 Winnebago ...... WI 144 .. 48379 Rains ...... TX 156 .. 16001 Ada ...... ID 144 .. 48387 Red River...... TX 157 .. 04012 La Paz...... AZ 144 .. 48449 Titus ...... TX 157 .. 04027 Yuma ...... AZ 144 .. 48459 Upshur ...... TX 157 .. 06025 Imperial ...... CA 144 .. 48467 Van Zandt...... TX 158 .. 30029 Flathead ...... MT 144 .. 48499 Wood ...... TX 158 .. 30039 Granite ...... MT 145 .. 47003 Bedford ...... TN 158 .. 30047 Lake ...... MT 145 .. 47015 Cannon ...... TN 158 .. 30049 Lewis and Clark ...... MT 145 .. 47031 Coffee ...... TN 158 .. 30053 Lincoln ...... MT 145 .. 47041 DeKalb ...... TN 158 .. 30061 Mineral ...... MT 145 .. 47051 Franklin ...... TN 158 .. 30063 Missoula ...... MT 145 .. 47055 Giles ...... TN 158 .. 30077 Powell ...... MT 145 .. 47061 Grundy ...... TN 158 .. 30081 Ravalli ...... MT 145 .. 47117 Marshall ...... TN 158 .. 30089 Sanders ...... MT 145 .. 47119 Maury ...... TN 159 .. 13007 Baker ...... GA 145 .. 47127 Moore ...... TN 159 .. 13017 Ben Hill...... GA 145 .. 47159 Smith ...... TN 159 .. 13019 Berrien ...... GA 145 .. 47175 Van Buren...... TN 159 .. 13027 Brooks ...... GA 145 .. 47177 Warren ...... TN 159 .. 13037 Calhoun ...... GA 145 .. 47185 White ...... TN 159 .. 13061 Clay ...... GA 146 .. 37019 Brunswick ...... NC 159 .. 13071 Colquitt ...... GA 146 .. 37047 Columbus ...... NC 159 .. 13075 Cook ...... GA 146 .. 37129 New Hanover...... NC 159 .. 13101 Echols ...... GA 146 .. 37141 Pender ...... NC 159 .. 13155 Irwin ...... GA 147 .. 10005 Sussex ...... DE 159 .. 13173 Lanier ...... GA 147 .. 24039 Somerset ...... MD 159 .. 13185 Lowndes ...... GA 147 .. 24045 Wicomico ...... MD 159 .. 13205 Mitchell ...... GA 147 .. 24047 Worcester ...... MD 159 .. 13243 Randolph ...... GA 147 .. 51001 Accomack ...... VA 159 .. 13273 Terrell ...... GA 147 .. 51131 Northampton ...... VA 159 .. 13277 Tift ...... GA 148 .. 53029 Island ...... WA 159 .. 13287 Turner ...... GA 148 .. 53055 San Juan...... WA 159 .. 13321 Worth ...... GA 148 .. 53057 Skagit ...... WA 160 .. 48015 Austin ...... TX 148 .. 53073 Whatcom ...... WA 160 .. 48051 Burleson ...... TX 149 .. 28039 George ...... MS 160 .. 48057 Calhoun ...... TX 149 .. 28045 Hancock ...... MS 160 .. 48089 Colorado ...... TX 149 .. 28047 Harrison ...... MS 160 .. 48123 DeWitt ...... TX 149 .. 28059 Jackson ...... MS 160 .. 48149 Fayette ...... TX 149 .. 28131 Stone ...... MS 160 .. 48175 Goliad ...... TX 150 .. 29029 Camden ...... MO 160 .. 48239 Jackson ...... TX 150 .. 29059 Dallas ...... MO 160 .. 48285 Lavaca ...... TX 150 .. 29065 Dent ...... MO 160 .. 48321 Matagorda ...... TX 150 .. 29085 Hickory ...... MO 160 .. 48469 Victoria ...... TX 150 .. 29105 Laclede ...... MO 160 .. 48477 Washington ...... TX 150 .. 29125 Maries ...... MO 160 .. 48481 Wharton ...... TX 150 .. 29131 Miller ...... MO 161 .. 17003 Alexander ...... IL 150 .. 29141 Morgan ...... MO 161 .. 17055 Franklin ...... IL 150 .. 29149 Oregon ...... MO 161 .. 17059 Gallatin ...... IL 150 .. 29161 Phelps ...... MO 161 .. 17065 Hamilton ...... IL 150 .. 29167 Polk ...... MO 161 .. 17069 Hardin ...... IL 150 .. 29169 Pulaski ...... MO 161 .. 17077 Jackson ...... IL 150 .. 29203 Shannon ...... MO 161 .. 17081 Jefferson ...... IL 150 .. 29215 Texas ...... MO 161 .. 17087 Johnson ...... IL 150 .. 29225 Webster ...... MO 161 .. 17145 Perry ...... IL 150 .. 29229 Wright ...... MO 161 .. 17151 Pope ...... IL 151 .. 37067 Forsyth ...... NC 161 .. 17153 Pulaski ...... IL 151 .. 37169 Stokes ...... NC 161 .. 17157 Randolph ...... IL 152 .. 48183 Gregg ...... TX 161 .. 17165 Saline ...... IL 152 .. 48203 Harrison ...... TX 161 .. 17181 Union ...... IL 152 .. 48423 Smith ...... TX 161 .. 17189 Washington ...... IL 153 .. 55027 Dodge ...... WI 161 .. 17199 Williamson ...... IL 153 .. 55039 Fond du Lac ...... WI 162 .. 18025 Crawford ...... IN 153 .. 55047 Green Lake...... WI 162 .. 18061 Harrison ...... IN

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162 .. 18175 Washington ...... IN 172 .. 27071 Koochiching ...... MN 162 .. 21027 Breckinridge ...... KY 172 .. 27075 Lake ...... MN 162 .. 21085 Grayson ...... KY 172 .. 27137 St. Louis...... MN 162 .. 21093 Hardin ...... KY 172 .. 55031 Douglas ...... WI 162 .. 21123 Larue ...... KY 173 .. 51019 Bedford ...... VA 162 .. 21155 Marion ...... KY 173 .. 51515 Bedford City...... VA 162 .. 21163 Meade ...... KY 173 .. 51035 Carroll ...... VA 162 .. 21179 Nelson ...... KY 173 .. 51063 Floyd ...... VA 162 .. 21215 Spencer ...... KY 173 .. 51067 Franklin ...... VA 162 .. 21229 Washington ...... KY 173 .. 51071 Giles ...... VA 163 .. 19163 Scott ...... IA 173 .. 51121 Montgomery ...... VA 163 .. 17073 Henry ...... IL 173 .. 51155 Pulaski ...... VA 163 .. 17161 Rock Island...... IL 173 .. 51750 Radford City...... VA 164 .. 01001 Autauga ...... AL 173 .. 54063 Monroe ...... WV 164 .. 01051 Elmore ...... AL 174 .. 29043 Christian ...... MO 164 .. 01101 Montgomery ...... AL 174 .. 29077 Greene ...... MO 165 .. 01017 Chambers ...... AL 175 .. 28009 Benton ...... MS 165 .. 01019 Cherokee ...... AL 175 .. 28033 DeSoto ...... MS 165 .. 01029 Cleburne ...... AL 175 .. 28071 Lafayette ...... MS 165 .. 01111 Randolph ...... AL 175 .. 28093 Marshall ...... MS 165 .. 13015 Bartow ...... GA 175 .. 28107 Panola ...... MS 165 .. 13055 Chattooga ...... GA 175 .. 28119 Quitman ...... MS 165 .. 13115 Floyd ...... GA 175 .. 28137 Tate ...... MS 165 .. 13233 Polk ...... GA 175 .. 28143 Tunica ...... MS 166 .. 06049 Modoc ...... CA 175 .. 28161 Yalobusha ...... MS 166 .. 06089 Shasta ...... CA 176 .. 19015 Boone ...... IA 166 .. 06093 Siskiyou ...... CA 176 .. 19025 Calhoun ...... IA 166 .. 06103 Tehama ...... CA 176 .. 19027 Carroll ...... IA 166 .. 41035 Klamath ...... OR 176 .. 19047 Crawford ...... IA 167 .. 51005 Alleghany ...... VA 176 .. 19073 Greene ...... IA 167 .. 51015 Augusta ...... VA 176 .. 19075 Grundy ...... IA 167 .. 51017 Bath ...... VA 176 .. 19079 Hamilton ...... IA 167 .. 51530 Buena Vista City ...... VA 176 .. 19083 Hardin ...... IA 167 .. 51580 Covington City...... VA 176 .. 19091 Humboldt ...... IA 167 .. 51660 Harrisonburg City...... VA 176 .. 19127 Marshall ...... IA 167 .. 51091 Highland ...... VA 176 .. 19161 Sac ...... IA 167 .. 51678 Lexington City...... VA 176 .. 19169 Story ...... IA 167 .. 51163 Rockbridge ...... VA 176 .. 19171 Tama ...... IA 167 .. 51165 Rockingham ...... VA 176 .. 19187 Webster ...... IA 167 .. 51790 Staunton City...... VA 176 .. 19197 Wright ...... IA 167 .. 51820 Waynesboro City...... VA 177 .. 13029 Bryan ...... GA 167 .. 54025 Greenbrier ...... WV 177 .. 13051 Chatham ...... GA 167 .. 54071 Pendleton ...... WV 177 .. 13103 Effingham ...... GA 167 .. 54075 Pocahontas ...... WV 178 .. 20003 Anderson ...... KS 168 .. 17143 Peoria ...... IL 178 .. 20011 Bourbon ...... KS 168 .. 17179 Tazewell ...... IL 178 .. 20059 Franklin ...... KS 168 .. 17203 Woodford ...... IL 178 .. 20107 Linn ...... KS 169 .. 37061 Duplin ...... NC 178 .. 20121 Miami ...... KS 169 .. 37133 Onslow ...... NC 178 .. 29013 Bates ...... MO 169 .. 37191 Wayne ...... NC 178 .. 29015 Benton ...... MO 170 .. 01005 Barbour ...... AL 178 .. 29039 Cedar ...... MO 170 .. 01031 Coffee ...... AL 178 .. 29083 Henry ...... MO 170 .. 01039 Covington ...... AL 178 .. 29101 Johnson ...... MO 170 .. 01045 Dale ...... AL 178 .. 29107 Lafayette ...... MO 170 .. 01061 Geneva ...... AL 178 .. 29159 Pettis ...... MO 170 .. 01067 Henry ...... AL 178 .. 29195 Saline ...... MO 170 .. 01069 Houston ...... AL 178 .. 29185 St. Clair...... MO 170 .. 12059 Holmes ...... FL 178 .. 29217 Vernon ...... MO 170 .. 12133 Washington ...... FL 179 .. 19007 Appanoose ...... IA 170 .. 13239 Quitman ...... GA 179 .. 19051 Davis ...... IA 171 .. 05033 Crawford ...... AR 179 .. 19057 Des Moines...... IA 171 .. 05047 Franklin ...... AR 179 .. 19087 Henry ...... IA 171 .. 05083 Logan ...... AR 179 .. 19099 Jasper ...... IA 171 .. 05127 Scott ...... AR 179 .. 19101 Jefferson ...... IA 171 .. 05131 Sebastian ...... AR 179 .. 19107 Keokuk ...... IA 171 .. 40061 Haskell ...... OK 179 .. 19111 Lee ...... IA 171 .. 40077 Latimer ...... OK 179 .. 19123 Mahaska ...... IA 171 .. 40079 Le Flore...... OK 179 .. 19125 Marion ...... IA 171 .. 40135 Sequoyah ...... OK 179 .. 19135 Monroe ...... IA 172 .. 27017 Carlton ...... MN 179 .. 19157 Poweshiek ...... IA 172 .. 27031 Cook ...... MN 179 .. 19177 Van Buren...... IA 172 .. 27061 Itasca ...... MN 179 .. 19179 Wapello ...... IA

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179 .. 17067 Hancock ...... IL 189 .. 22043 Grant Parish...... LA 179 .. 17071 Henderson ...... IL 189 .. 22059 La Salle Parish ...... LA 179 .. 29045 Clark ...... MO 189 .. 22079 Rapides Parish...... LA 179 .. 29199 Scotland ...... MO 189 .. 22115 Vernon Parish...... LA 180 .. 04005 Coconino ...... AZ 190 .. 30019 Daniels ...... MT 180 .. 04025 Yavapai ...... AZ 190 .. 30021 Dawson ...... MT 181 .. 05081 Little River...... AR 190 .. 30031 Gallatin ...... MT 181 .. 05091 Miller ...... AR 190 .. 30033 Garfield ...... MT 181 .. 05113 Polk ...... AR 190 .. 30037 Golden Valley...... MT 181 .. 05133 Sevier ...... AR 190 .. 30057 Madison ...... MT 181 .. 40013 Bryan ...... OK 190 .. 30055 McCone ...... MT 181 .. 40023 Choctaw ...... OK 190 .. 30065 Musselshell ...... MT 181 .. 40089 McCurtain ...... OK 190 .. 30067 Park ...... MT 181 .. 40127 Pushmataha ...... OK 190 .. 30069 Petroleum ...... MT 181 .. 48037 Bowie ...... TX 190 .. 30083 Richland ...... MT 181 .. 48067 Cass ...... TX 190 .. 30085 Roosevelt ...... MT 181 .. 48315 Marion ...... TX 190 .. 30091 Sheridan ...... MT 181 .. 48343 Morris ...... TX 190 .. 30095 Stillwater ...... MT 182 .. 19103 Johnson ...... IA 190 .. 30097 Sweet Grass...... MT 182 .. 19113 Linn ...... IA 190 .. 30105 Valley ...... MT 183 .. 29019 Boone ...... MO 190 .. 30111 Yellowstone ...... MT 183 .. 29027 Callaway ...... MO 191 .. 51007 Amelia ...... VA 183 .. 29051 Cole ...... MO 191 .. 51025 Brunswick ...... VA 183 .. 29053 Cooper ...... MO 191 .. 51029 Buckingham ...... VA 183 .. 29089 Howard ...... MO 191 .. 51037 Charlotte ...... VA 183 .. 29135 Moniteau ...... MO 191 .. 51570 Colonial Heights City ...... VA 183 .. 29151 Osage ...... MO 191 .. 51049 Cumberland ...... VA 184 .. 22021 Caldwell Parish...... LA 191 .. 51053 Dinwiddie ...... VA 184 .. 22035 East Carroll Parish ...... LA 191 .. 51595 Emporia City...... VA 184 .. 22041 Franklin Parish...... LA 191 .. 51081 Greensville ...... VA 184 .. 22049 Jackson Parish...... LA 191 .. 51670 Hopewell City...... VA 184 .. 22061 Lincoln Parish...... LA 191 .. 51111 Lunenburg ...... VA 184 .. 22067 Morehouse Parish...... LA 191 .. 51117 Mecklenburg ...... VA 184 .. 22073 Ouachita Parish...... LA 191 .. 51135 Nottoway ...... VA 184 .. 22083 Richland Parish...... LA 191 .. 51730 Petersburg City...... VA 184 .. 22111 Union Parish...... LA 191 .. 51147 Prince Edward...... VA 184 .. 22123 West Carroll Parish ...... LA 191 .. 51149 Prince George...... VA 185 .. 26013 Baraga ...... MI 191 .. 51183 Sussex ...... VA 185 .. 26043 Dickinson ...... MI 192 .. 37051 Cumberland ...... NC 185 .. 26053 Gogebic ...... MI 193 .. 20005 Atchison ...... KS 185 .. 26061 Houghton ...... MI 193 .. 20043 Doniphan ...... KS 185 .. 26071 Iron ...... MI 193 .. 20045 Douglas ...... KS 185 .. 26083 Keweenaw ...... MI 193 .. 20103 Leavenworth ...... KS 185 .. 26103 Marquette ...... MI 193 .. 29003 Andrew ...... MO 185 .. 26109 Menominee ...... MI 193 .. 29021 Buchanan ...... MO 185 .. 26131 Ontonagon ...... MI 194 .. 42023 Cameron ...... PA 185 .. 55037 Florence ...... WI 194 .. 42027 Centre ...... PA 185 .. 55051 Iron ...... WI 194 .. 42033 Clearfield ...... PA 185 .. 55075 Marinette ...... WI 194 .. 42047 Elk ...... PA 185 .. 55078 Menominee ...... WI 194 .. 42065 Jefferson ...... PA 185 .. 55083 Oconto ...... WI 195 .. 16009 Benewah ...... ID 185 .. 55115 Shawano ...... WI 195 .. 16017 Bonner ...... ID 186 .. 45023 Chester ...... SC 195 .. 16021 Boundary ...... ID 186 .. 45057 Lancaster ...... SC 195 .. 16035 Clearwater ...... ID 186 .. 45091 York ...... SC 195 .. 16049 Idaho ...... ID 187 .. 16005 Bannock ...... ID 195 .. 16055 Kootenai ...... ID 187 .. 16011 Bingham ...... ID 195 .. 16057 Latah ...... ID 187 .. 16019 Bonneville ...... ID 195 .. 16061 Lewis ...... ID 187 .. 16033 Clark ...... ID 195 .. 16069 Nez Perce...... ID 187 .. 16043 Fremont ...... ID 195 .. 16079 Shoshone ...... ID 187 .. 16051 Jefferson ...... ID 196 .. 29017 Bollinger ...... MO 187 .. 16065 Madison ...... ID 196 .. 29023 Butler ...... MO 187 .. 16077 Power ...... ID 196 .. 29031 Cape Girardeau...... MO 187 .. 16081 Teton ...... ID 196 .. 29035 Carter ...... MO 188 .. 36003 Allegany ...... NY 196 .. 29093 Iron ...... MO 188 .. 36009 Cattaraugus ...... NY 196 .. 29123 Madison ...... MO 188 .. 36013 Chautauqua ...... NY 196 .. 29133 Mississippi ...... MO 188 .. 42083 McKean ...... PA 196 .. 29143 New Madrid...... MO 188 .. 42105 Potter ...... PA 196 .. 29157 Perry ...... MO 189 .. 22003 Allen Parish...... LA 196 .. 29179 Reynolds ...... MO 189 .. 22009 Avoyelles Parish...... LA 196 .. 29181 Ripley ...... MO 189 .. 22011 Beauregard Parish...... LA 196 .. 29201 Scott ...... MO

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196 .. 29207 Stoddard ...... MO 204 .. 21183 Ohio ...... KY 196 .. 29223 Wayne ...... MO 204 .. 21225 Union ...... KY 197 .. 39013 Belmont ...... OH 204 .. 21233 Webster ...... KY 197 .. 39081 Jefferson ...... OH 205 .. 06023 Humboldt ...... CA 197 .. 39111 Monroe ...... OH 205 .. 06033 Lake ...... CA 197 .. 54009 Brooke ...... WV 205 .. 06045 Mendocino ...... CA 197 .. 54029 Hancock ...... WV 205 .. 06105 Trinity ...... CA 197 .. 54051 Marshall ...... WV 206 .. 53001 Adams ...... WA 197 .. 54069 Ohio ...... WV 206 .. 53007 Chelan ...... WA 197 .. 54095 Tyler ...... WV 206 .. 53017 Douglas ...... WA 197 .. 54103 Wetzel ...... WV 206 .. 53025 Grant ...... WA 198 .. 05021 Clay ...... AR 206 .. 53037 Kittitas ...... WA 198 .. 05031 Craighead ...... AR 206 .. 53047 Okanogan ...... WA 198 .. 05055 Greene ...... AR 207 .. 13003 Atkinson ...... GA 198 .. 05075 Lawrence ...... AR 207 .. 13005 Bacon ...... GA 198 .. 05093 Mississippi ...... AR 207 .. 13025 Brantley ...... GA 198 .. 05111 Poinsett ...... AR 207 .. 13039 Camden ...... GA 198 .. 05121 Randolph ...... AR 207 .. 13049 Charlton ...... GA 198 .. 29069 Dunklin ...... MO 207 .. 13065 Clinch ...... GA 198 .. 29155 Pemiscot ...... MO 207 .. 13069 Coffee ...... GA 199 .. 13111 Fannin ...... GA 207 .. 13127 Glynn ...... GA 199 .. 13123 Gilmer ...... GA 207 .. 13191 McIntosh ...... GA 199 .. 13129 Gordon ...... GA 207 .. 13229 Pierce ...... GA 199 .. 13213 Murray ...... GA 207 .. 13299 Ware ...... GA 199 .. 13227 Pickens ...... GA 208 .. 37097 Iredell ...... NC 199 .. 13281 Towns ...... GA 208 .. 37159 Rowan ...... NC 199 .. 13291 Union ...... GA 209 .. 55009 Brown ...... WI 199 .. 13313 Whitfield ...... GA 209 .. 55029 Door ...... WI 200 .. 37033 Caswell ...... NC 209 .. 55061 Kewaunee ...... WI 200 .. 37157 Rockingham ...... NC 210 .. 36007 Broome ...... NY 200 .. 51590 Danville City...... VA 210 .. 36107 Tioga ...... NY 200 .. 51089 Henry ...... VA 210 .. 42115 Susquehanna ...... PA 200 .. 51690 Martinsville City...... VA 211 .. 40005 Atoka ...... OK 200 .. 51141 Patrick ...... VA 211 .. 40019 Carter ...... OK 200 .. 51143 Pittsylvania ...... VA 211 .. 40029 Coal ...... OK 201 .. 48019 Bandera ...... TX 211 .. 40033 Cotton ...... OK 201 .. 48127 Dimmit ...... TX 211 .. 40049 Garvin ...... OK 201 .. 48163 Frio ...... TX 211 .. 40063 Hughes ...... OK 201 .. 48171 Gillespie ...... TX 211 .. 40067 Jefferson ...... OK 201 .. 48259 Kendall ...... TX 211 .. 40069 Johnston ...... OK 201 .. 48265 Kerr ...... TX 211 .. 40085 Love ...... OK 201 .. 48283 La Salle...... TX 211 .. 40095 Marshall ...... OK 201 .. 48323 Maverick ...... TX 211 .. 40099 Murray ...... OK 201 .. 48325 Medina ...... TX 211 .. 40107 Okfuskee ...... OK 201 .. 48385 Real ...... TX 211 .. 40123 Pontotoc ...... OK 201 .. 48463 Uvalde ...... TX 211 .. 40133 Seminole ...... OK 201 .. 48507 Zavala ...... TX 211 .. 40137 Stephens ...... OK 202 .. 01113 Russell ...... AL 212 .. 02020 Anchorage Borough...... AK 202 .. 13053 Chattahoochee ...... GA 213 .. 41013 Crook ...... OR 202 .. 13145 Harris ...... GA 213 .. 41017 Deschutes ...... OR 202 .. 13197 Marion ...... GA 213 .. 41027 Hood River...... OR 202 .. 13215 Muscogee ...... GA 213 .. 41031 Jefferson ...... OR 202 .. 13259 Stewart ...... GA 213 .. 41037 Lake ...... OR 202 .. 13307 Webster ...... GA 213 .. 41055 Sherman ...... OR 203 .. 26009 Antrim ...... MI 213 .. 41065 Wasco ...... OR 203 .. 26019 Benzie ...... MI 213 .. 53039 Klickitat ...... WA 203 .. 26055 Grand Traverse...... MI 213 .. 53059 Skamania ...... WA 203 .. 26079 Kalkaska ...... MI 214 .. 31109 Lancaster ...... NE 203 .. 26085 Lake ...... MI 215 .. 37003 Alexander ...... NC 203 .. 26089 Leelanau ...... MI 215 .. 37023 Burke ...... NC 203 .. 26101 Manistee ...... MI 215 .. 37035 Catawba ...... NC 203 .. 26105 Mason ...... MI 216 .. 20021 Cherokee ...... KS 203 .. 26113 Missaukee ...... MI 216 .. 20037 Crawford ...... KS 203 .. 26133 Osceola ...... MI 216 .. 29011 Barton ...... MO 203 .. 26165 Wexford ...... MI 216 .. 29097 Jasper ...... MO 204 .. 21055 Crittenden ...... KY 216 .. 29145 Newton ...... MO 204 .. 21059 Daviess ...... KY 216 .. 40115 Ottawa ...... OK 204 .. 21091 Hancock ...... KY 217 .. 48303 Lubbock ...... TX 204 .. 21101 Henderson ...... KY 218 .. 55073 Marathon ...... WI 204 .. 21107 Hopkins ...... KY 218 .. 55097 Portage ...... WI 204 .. 21149 McLean ...... KY 218 .. 55141 Wood ...... WI 204 .. 21177 Muhlenberg ...... KY 219 .. 19019 Buchanan ...... IA

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219 .. 19021 Buena Vista...... IA 231 .. 31003 Antelope ...... NE 219 .. 19023 Butler ...... IA 231 .. 31011 Boone ...... NE 219 .. 19033 Cerro Gordo...... IA 231 .. 31021 Burt ...... NE 219 .. 19037 Chickasaw ...... IA 231 .. 31023 Butler ...... NE 219 .. 19041 Clay ...... IA 231 .. 31025 Cass ...... NE 219 .. 19059 Dickinson ...... IA 231 .. 31037 Colfax ...... NE 219 .. 19063 Emmet ...... IA 231 .. 31039 Cuming ...... NE 219 .. 19065 Fayette ...... IA 231 .. 31053 Dodge ...... NE 219 .. 19067 Floyd ...... IA 231 .. 31119 Madison ...... NE 219 .. 19069 Franklin ...... IA 231 .. 31125 Nance ...... NE 219 .. 19081 Hancock ...... IA 231 .. 31139 Pierce ...... NE 219 .. 19109 Kossuth ...... IA 231 .. 31141 Platte ...... NE 219 .. 19131 Mitchell ...... IA 231 .. 31143 Polk ...... NE 219 .. 19147 Palo Alto...... IA 231 .. 31155 Saunders ...... NE 219 .. 19151 Pocahontas ...... IA 231 .. 31167 Stanton ...... NE 219 .. 19189 Winnebago ...... IA 231 .. 31177 Washington ...... NE 219 .. 19195 Worth ...... IA 231 .. 31179 Wayne ...... NE 220 .. 48135 Ector ...... TX 232 .. 20013 Brown ...... KS 220 .. 48329 Midland ...... TX 232 .. 20031 Coffey ...... KS 221 .. 48247 Jim Hogg...... TX 232 .. 20085 Jackson ...... KS 221 .. 48479 Webb ...... TX 232 .. 20087 Jefferson ...... KS 221 .. 48505 Zapata ...... TX 232 .. 20139 Osage ...... KS 222 .. 47029 Cocke ...... TN 232 .. 20177 Shawnee ...... KS 222 .. 47057 Grainger ...... TN 233 .. 37045 Cleveland ...... NC 222 .. 47063 Hamblen ...... TN 233 .. 37109 Lincoln ...... NC 222 .. 47067 Hancock ...... TN 233 .. 37161 Rutherford ...... NC 222 .. 47089 Jefferson ...... TN 234 .. 37057 Davidson ...... NC 222 .. 47155 Sevier ...... TN 234 .. 37059 Davie ...... NC 223 .. 19061 Dubuque ...... IA 234 .. 37197 Yadkin ...... NC 223 .. 19097 Jackson ...... IA 235 .. 48375 Potter ...... TX 223 .. 17085 Jo Daviess...... IL 235 .. 48381 Randall ...... TX 223 .. 55043 Grant ...... WI 236 .. 31001 Adams ...... NE 223 .. 55045 Green ...... WI 236 .. 31015 Boyd ...... NE 223 .. 55049 Iowa ...... WI 236 .. 31017 Brown ...... NE 223 .. 55065 Lafayette ...... WI 236 .. 31019 Buffalo ...... NE 224 .. 17015 Carroll ...... IL 236 .. 31035 Clay ...... NE 224 .. 17037 DeKalb ...... IL 236 .. 31041 Custer ...... NE 224 .. 17103 Lee ...... IL 236 .. 31047 Dawson ...... NE 224 .. 17141 Ogle ...... IL 236 .. 31071 Garfield ...... NE 224 .. 17177 Stephenson ...... IL 236 .. 31077 Greeley ...... NE 225 .. 27055 Houston ...... MN 236 .. 31079 Hall ...... NE 225 .. 55053 Jackson ...... WI 236 .. 31081 Hamilton ...... NE 225 .. 55063 La Crosse...... WI 236 .. 31089 Holt ...... NE 225 .. 55081 Monroe ...... WI 236 .. 31093 Howard ...... NE 225 .. 55121 Trempealeau ...... WI 236 .. 31103 Keya Paha...... NE 225 .. 55123 Vernon ...... WI 236 .. 31115 Loup ...... NE 226 .. 39003 Allen ...... OH 236 .. 31121 Merrick ...... NE 226 .. 39011 Auglaize ...... OH 236 .. 31129 Nuckolls ...... NE 226 .. 39107 Mercer ...... OH 236 .. 31149 Rock ...... NE 226 .. 39137 Putnam ...... OH 236 .. 31163 Sherman ...... NE 226 .. 39161 Van Wert...... OH 236 .. 31175 Valley ...... NE 227 .. 36045 Jefferson ...... NY 236 .. 31181 Webster ...... NE 227 .. 36049 Lewis ...... NY 236 .. 31183 Wheeler ...... NE 227 .. 36089 St. Lawrence...... NY 237 .. 13031 Bulloch ...... GA 228 .. 51023 Botetourt ...... VA 237 .. 13043 Candler ...... GA 228 .. 51045 Craig ...... VA 237 .. 13109 Evans ...... GA 228 .. 51161 Roanoke ...... VA 237 .. 13179 Liberty ...... GA 228 .. 51770 Roanoke City...... VA 237 .. 13183 Long ...... GA 228 .. 51775 Salem City...... VA 237 .. 13251 Screven ...... GA 229 .. 32009 Esmeralda ...... NV 237 .. 13267 Tattnall ...... GA 229 .. 32017 Lincoln ...... NV 237 .. 13305 Wayne ...... GA 229 .. 32021 Mineral ...... NV 238 .. 45031 Darlington ...... SC 229 .. 32023 Nye ...... NV 238 .. 45041 Florence ...... SC 229 .. 49001 Beaver ...... UT 238 .. 45089 Williamsburg ...... SC 229 .. 49017 Garfield ...... UT 239 .. 37025 Cabarrus ...... NC 229 .. 49021 Iron ...... UT 239 .. 37167 Stanly ...... NC 229 .. 49031 Piute ...... UT 240 .. 51003 Albemarle ...... VA 229 .. 49053 Washington ...... UT 240 .. 51540 Charlottesville City...... VA 230 .. 37017 Bladen ...... NC 240 .. 51065 Fluvanna ...... VA 230 .. 37093 Hoke ...... NC 240 .. 51079 Greene ...... VA 230 .. 37155 Robeson ...... NC 240 .. 51109 Louisa ...... VA 230 .. 37165 Scotland ...... NC 240 .. 51125 Nelson ...... VA

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241 .. 13001 Appling ...... GA 251 .. 20145 Pawnee ...... KS 241 .. 13107 Emanuel ...... GA 251 .. 20151 Pratt ...... KS 241 .. 13141 Hancock ...... GA 251 .. 20159 Rice ...... KS 241 .. 13161 Jeff Davis...... GA 251 .. 20165 Rush ...... KS 241 .. 13167 Johnson ...... GA 251 .. 20167 Russell ...... KS 241 .. 13175 Laurens ...... GA 251 .. 20169 Saline ...... KS 241 .. 13209 Montgomery ...... GA 251 .. 20185 Stafford ...... KS 241 .. 13237 Putnam ...... GA 251 .. 20195 Trego ...... KS 241 .. 13271 Telfair ...... GA 252 .. 19035 Cherokee ...... IA 241 .. 13279 Toombs ...... GA 252 .. 19093 Ida ...... IA 241 .. 13283 Treutlen ...... GA 252 .. 19133 Monona ...... IA 241 .. 13303 Washington ...... GA 252 .. 19141 O’Brien ...... IA 241 .. 13309 Wheeler ...... GA 252 .. 19149 Plymouth ...... IA 242 .. 22019 Calcasieu Parish...... LA 252 .. 19167 Sioux ...... IA 242 .. 22023 Cameron Parish...... LA 252 .. 19193 Woodbury ...... IA 242 .. 22053 Jefferson Davis Parish ...... LA 252 .. 46127 Union ...... SD 243 .. 17127 Massac ...... IL 253 .. 55001 Adams ...... WI 243 .. 21007 Ballard ...... KY 253 .. 55021 Columbia ...... WI 243 .. 21033 Caldwell ...... KY 253 .. 55023 Crawford ...... WI 243 .. 21035 Calloway ...... KY 253 .. 55057 Juneau ...... WI 243 .. 21039 Carlisle ...... KY 253 .. 55077 Marquette ...... WI 243 .. 21083 Graves ...... KY 253 .. 55103 Richland ...... WI 243 .. 21139 Livingston ...... KY 253 .. 55111 Sauk ...... WI 243 .. 21143 Lyon ...... KY 254 .. 55003 Ashland ...... WI 243 .. 21157 Marshall ...... KY 254 .. 55007 Bayfield ...... WI 243 .. 21145 McCracken ...... KY 254 .. 55019 Clark ...... WI 244 .. 20017 Chase ...... KS 254 .. 55041 Forest ...... WI 244 .. 20027 Clay ...... KS 254 .. 55067 Langlade ...... WI 244 .. 20041 Dickinson ...... KS 254 .. 55069 Lincoln ...... WI 244 .. 20061 Geary ...... KS 254 .. 55085 Oneida ...... WI 244 .. 20111 Lyon ...... KS 254 .. 55099 Price ...... WI 244 .. 20117 Marshall ...... KS 254 .. 55119 Taylor ...... WI 244 .. 20127 Morris ...... KS 254 .. 55125 Vilas ...... WI 244 .. 20131 Nemaha ...... KS 255 .. 28011 Bolivar ...... MS 244 .. 20149 Pottawatomie ...... KS 255 .. 28015 Carroll ...... MS 244 .. 20161 Riley ...... KS 255 .. 28027 Coahoma ...... MS 244 .. 20197 Wabaunsee ...... KS 255 .. 28053 Humphreys ...... MS 244 .. 20201 Washington ...... KS 255 .. 28055 Issaquena ...... MS 245 .. 29009 Barry ...... MO 255 .. 28083 Leflore ...... MS 245 .. 29057 Dade ...... MO 255 .. 28125 Sharkey ...... MS 245 .. 29067 Douglas ...... MO 255 .. 28133 Sunflower ...... MS 245 .. 29091 Howell ...... MO 255 .. 28135 Tallahatchie ...... MS 245 .. 29109 Lawrence ...... MO 255 .. 28151 Washington ...... MS 245 .. 29153 Ozark ...... MO 256 .. 51009 Amherst ...... VA 245 .. 29209 Stone ...... MO 256 .. 51011 Appomattox ...... VA 245 .. 29213 Taney ...... MO 256 .. 51031 Campbell ...... VA 246 .. 01027 Clay ...... AL 256 .. 51083 Halifax ...... VA 246 .. 01037 Coosa ...... AL 256 .. 51680 Lynchburg City...... VA 246 .. 01081 Lee ...... AL 257 .. 56001 Albany ...... WY 246 .. 01087 Macon ...... AL 257 .. 56005 Campbell ...... WY 246 .. 01123 Tallapoosa ...... AL 257 .. 56009 Converse ...... WY 247 .. 16027 Canyon ...... ID 257 .. 56011 Crook ...... WY 247 .. 16039 Elmore ...... ID 257 .. 56021 Laramie ...... WY 247 .. 16073 Owyhee ...... ID 257 .. 56027 Niobrara ...... WY 248 .. 45027 Clarendon ...... SC 257 .. 56031 Platte ...... WY 248 .. 45055 Kershaw ...... SC 257 .. 56045 Weston ...... WY 248 .. 45061 Lee ...... SC 258 .. 01009 Blount ...... AL 248 .. 45085 Sumter ...... SC 258 .. 01043 Cullman ...... AL 249 .. 48041 Brazos ...... TX 258 .. 01057 Fayette ...... AL 249 .. 48185 Grimes ...... TX 258 .. 01093 Marion ...... AL 250 .. 35013 Dona Ana...... NM 258 .. 01133 Winston ...... AL 250 .. 35051 Sierra ...... NM 259 .. 35005 Chaves ...... NM 251 .. 20007 Barber ...... KS 259 .. 35015 Eddy ...... NM 251 .. 20009 Barton ...... KS 259 .. 35025 Lea ...... NM 251 .. 20033 Comanche ...... KS 259 .. 48165 Gaines ...... TX 251 .. 20047 Edwards ...... KS 259 .. 48501 Yoakum ...... TX 251 .. 20051 Ellis ...... KS 260 .. 26007 Alpena ...... MI 251 .. 20053 Ellsworth ...... KS 260 .. 26029 Charlevoix ...... MI 251 .. 20097 Kiowa ...... KS 260 .. 26031 Cheboygan ...... MI 251 .. 20115 Marion ...... KS 260 .. 26039 Crawford ...... MI 251 .. 20113 McPherson ...... KS 260 .. 26047 Emmet ...... MI 251 .. 20135 Ness ...... KS 260 .. 26119 Montmorency ...... MI

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260 .. 26135 Oscoda ...... MI 274 .. 16083 Twin Falls...... ID 260 .. 26137 Otsego ...... MI 275 .. 48001 Anderson ...... TX 260 .. 26141 Presque Isle...... MI 275 .. 48213 Henderson ...... TX 260 .. 26143 Roscommon ...... MI 275 .. 48349 Navarro ...... TX 261 .. 27027 Clay ...... MN 276 .. 30011 Carter ...... MT 261 .. 38017 Cass ...... ND 276 .. 38001 Adams ...... ND 262 .. 45013 Beaufort ...... SC 276 .. 46019 Butte ...... SD 262 .. 45049 Hampton ...... SC 276 .. 46033 Custer ...... SD 262 .. 45053 Jasper ...... SC 276 .. 46047 Fall River...... SD 263 .. 35019 Guadalupe ...... NM 276 .. 46063 Harding ...... SD 263 .. 35028 Los Alamos...... NM 276 .. 46081 Lawrence ...... SD 263 .. 35033 Mora ...... NM 276 .. 46093 Meade ...... SD 263 .. 35047 San Miguel...... NM 276 .. 46103 Pennington ...... SD 263 .. 35049 Santa Fe...... NM 276 .. 46105 Perkins ...... SD 264 .. 02013 Aleutians East Borough ...... AK 277 .. 20035 Cowley ...... KS 264 .. 02016 Aleutians West Census Area .. AK 277 .. 20049 Elk ...... KS 264 .. 02050 Bethel Census Area ...... AK 277 .. 20073 Greenwood ...... KS 264 .. 02060 Bristol Bay Borough ...... AK 277 .. 20077 Harper ...... KS 264 .. 02070 Dillingham Census Area ...... AK 277 .. 20079 Harvey ...... KS 264 .. 02122 Kenai Peninsula Borough ...... AK 277 .. 20095 Kingman ...... KS 264 .. 02150 Kodiak Island Borough ...... AK 277 .. 20155 Reno ...... KS 264 .. 02164 Lake and Peninsula Borough .. AK 277 .. 20191 Sumner ...... KS 264 .. 02170 Matanuska-Susitna Borough... AK 278 .. 20001 Allen ...... KS 264 .. 02261 Valdez-Cordova Census Area AK 278 .. 20019 Chautauqua ...... KS 265 .. 19089 Howard ...... IA 278 .. 20099 Labette ...... KS 265 .. 19191 Winneshiek ...... IA 278 .. 20125 Montgomery ...... KS 265 .. 27039 Dodge ...... MN 278 .. 20133 Neosho ...... KS 265 .. 27045 Fillmore ...... MN 278 .. 20205 Wilson ...... KS 265 .. 27099 Mower ...... MN 278 .. 20207 Woodson ...... KS 265 .. 27157 Wabasha ...... MN 278 .. 40035 Craig ...... OK 265 .. 27169 Winona ...... MN 278 .. 40105 Nowata ...... OK 265 .. 55011 Buffalo ...... WI 278 .. 40147 Washington ...... OK 266 .. 37009 Ashe ...... NC 279 .. 16041 Franklin ...... ID 266 .. 37011 Avery ...... NC 279 .. 16071 Oneida ...... ID 266 .. 37027 Caldwell ...... NC 279 .. 49003 Box Elder...... UT 266 .. 37189 Watauga ...... NC 279 .. 49005 Cache ...... UT 266 .. 47091 Johnson ...... TN 280 .. 20025 Clark ...... KS 267 .. 55071 Manitowoc ...... WI 280 .. 20055 Finney ...... KS 267 .. 55117 Sheboygan ...... WI 280 .. 20057 Ford ...... KS 268 .. 19031 Cedar ...... IA 280 .. 20067 Grant ...... KS 268 .. 19045 Clinton ...... IA 280 .. 20069 Gray ...... KS 268 .. 19115 Louisa ...... IA 280 .. 20071 Greeley ...... KS 268 .. 19139 Muscatine ...... IA 280 .. 20075 Hamilton ...... KS 268 .. 17131 Mercer ...... IL 280 .. 20081 Haskell ...... KS 268 .. 17195 Whiteside ...... IL 280 .. 20083 Hodgeman ...... KS 269 .. 55101 Racine ...... WI 280 .. 20093 Kearny ...... KS 270 .. 17011 Bureau ...... IL 280 .. 20101 Lane ...... KS 270 .. 17099 La Salle...... IL 280 .. 20119 Meade ...... KS 270 .. 17105 Livingston ...... IL 280 .. 20129 Morton ...... KS 270 .. 17155 Putnam ...... IL 280 .. 20171 Scott ...... KS 271 .. 36015 Chemung ...... NY 280 .. 20175 Seward ...... KS 271 .. 42015 Bradford ...... PA 280 .. 20187 Stanton ...... KS 271 .. 42117 Tioga ...... PA 280 .. 20189 Stevens ...... KS 272 .. 48035 Bosque ...... TX 280 .. 20203 Wichita ...... KS 272 .. 48049 Brown ...... TX 280 .. 40007 Beaver ...... OK 272 .. 48083 Coleman ...... TX 280 .. 40025 Cimarron ...... OK 272 .. 48093 Comanche ...... TX 280 .. 40139 Texas ...... OK 272 .. 48133 Eastland ...... TX 281 .. 40091 McIntosh ...... OK 272 .. 48143 Erath ...... TX 281 .. 40101 Muskogee ...... OK 272 .. 48193 Hamilton ...... TX 281 .. 40111 Okmulgee ...... OK 272 .. 48217 Hill ...... TX 281 .. 40121 Pittsburg ...... OK 272 .. 48333 Mills ...... TX 282 .. 17057 Fulton ...... IL 272 .. 48425 Somervell ...... TX 282 .. 17095 Knox ...... IL 273 .. 17039 De Witt...... IL 282 .. 17123 Marshall ...... IL 273 .. 17113 McLean ...... IL 282 .. 17125 Mason ...... IL 274 .. 16013 Blaine ...... ID 282 .. 17109 McDonough ...... IL 274 .. 16025 Camas ...... ID 282 .. 17175 Stark ...... IL 274 .. 16031 Cassia ...... ID 282 .. 17187 Warren ...... IL 274 .. 16047 Gooding ...... ID 283 .. 36019 Clinton ...... NY 274 .. 16053 Jerome ...... ID 283 .. 36031 Essex ...... NY 274 .. 16063 Lincoln ...... ID 283 .. 36033 Franklin ...... NY 274 .. 16067 Minidoka ...... ID 284 .. 45001 Abbeville ...... SC

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284 .. 45047 Greenwood ...... SC 298 .. 02270 Wade Hampton Census Area AK 284 .. 45059 Laurens ...... SC 298 .. 02290 Yukon-Koyukuk Census Area AK 284 .. 45065 McCormick ...... SC 299 .. 29001 Adair ...... MO 285 .. 04001 Apache ...... AZ 299 .. 29025 Caldwell ...... MO 285 .. 35006 Cibola ...... NM 299 .. 29033 Carroll ...... MO 285 .. 35031 McKinley ...... NM 299 .. 29049 Clinton ...... MO 286 .. 46099 Minnehaha ...... SD 299 .. 29061 Daviess ...... MO 287 .. 55059 Kenosha ...... WI 299 .. 29063 DeKalb ...... MO 288 .. 48059 Callahan ...... TX 299 .. 29079 Grundy ...... MO 288 .. 48253 Jones ...... TX 299 .. 29081 Harrison ...... MO 288 .. 48441 Taylor ...... TX 299 .. 29103 Knox ...... MO 289 .. 49007 Carbon ...... UT 299 .. 29117 Livingston ...... MO 289 .. 49013 Duchesne ...... UT 299 .. 29129 Mercer ...... MO 289 .. 49015 Emery ...... UT 299 .. 29171 Putnam ...... MO 289 .. 49019 Grand ...... UT 299 .. 29197 Schuyler ...... MO 289 .. 49029 Morgan ...... UT 299 .. 29211 Sullivan ...... MO 289 .. 49043 Summit ...... UT 300 .. 01011 Bullock ...... AL 289 .. 49047 Uintah ...... UT 300 .. 01013 Butler ...... AL 289 .. 49051 Wasatch ...... UT 300 .. 01041 Crenshaw ...... AL 289 .. 49055 Wayne ...... UT 300 .. 01047 Dallas ...... AL 290 .. 27011 Big Stone...... MN 300 .. 01085 Lowndes ...... AL 290 .. 27117 Pipestone ...... MN 300 .. 01105 Perry ...... AL 290 .. 27133 Rock ...... MN 300 .. 01109 Pike ...... AL 290 .. 27155 Traverse ...... MN 301 .. 27109 Olmsted ...... MN 290 .. 46005 Beadle ...... SD 302 .. 40003 Alfalfa ...... OK 290 .. 46011 Brookings ...... SD 302 .. 40011 Blaine ...... OK 290 .. 46025 Clark ...... SD 302 .. 40015 Caddo ...... OK 290 .. 46029 Codington ...... SD 302 .. 40047 Garfield ...... OK 290 .. 46039 Deuel ...... SD 302 .. 40053 Grant ...... OK 290 .. 46051 Grant ...... SD 302 .. 40073 Kingfisher ...... OK 290 .. 46057 Hamlin ...... SD 302 .. 40093 Major ...... OK 290 .. 46077 Kingsbury ...... SD 302 .. 40151 Woods ...... OK 290 .. 46079 Lake ...... SD 303 .. 30005 Blaine ...... MT 290 .. 46097 Miner ...... SD 303 .. 30013 Cascade ...... MT 290 .. 46101 Moody ...... SD 303 .. 30015 Chouteau ...... MT 290 .. 46109 Roberts ...... SD 303 .. 30035 Glacier ...... MT 290 .. 46111 Sanborn ...... SD 303 .. 30041 Hill ...... MT 291 .. 37123 Montgomery ...... NC 303 .. 30051 Liberty ...... MT 291 .. 37125 Moore ...... NC 303 .. 30073 Pondera ...... MT 291 .. 37153 Richmond ...... NC 303 .. 30099 Teton ...... MT 292 .. 08101 Pueblo ...... CO 303 .. 30101 Toole ...... MT 293 .. 21221 Trigg ...... KY 304 .. 37171 Surry ...... NC 293 .. 47081 Hickman ...... TN 304 .. 37193 Wilkes ...... NC 293 .. 47083 Houston ...... TN 305 .. 40009 Beckham ...... OK 293 .. 47085 Humphreys ...... TN 305 .. 40039 Custer ...... OK 293 .. 47099 Lawrence ...... TN 305 .. 40043 Dewey ...... OK 293 .. 47101 Lewis ...... TN 305 .. 40045 Ellis ...... OK 293 .. 47135 Perry ...... TN 305 .. 40055 Greer ...... OK 293 .. 47161 Stewart ...... TN 305 .. 40057 Harmon ...... OK 293 .. 47181 Wayne ...... TN 305 .. 40059 Harper ...... OK 294 .. 19013 Black Hawk...... IA 305 .. 40065 Jackson ...... OK 294 .. 19017 Bremer ...... IA 305 .. 40075 Kiowa ...... OK 295 .. 40071 Kay ...... OK 305 .. 40129 Roger Mills...... OK 295 .. 40103 Noble ...... OK 305 .. 40149 Washita ...... OK 295 .. 40117 Pawnee ...... OK 305 .. 40153 Woodward ...... OK 295 .. 40119 Payne ...... OK 306 .. 48077 Clay ...... TX 296 .. 42107 Schuylkill ...... PA 306 .. 48485 Wichita ...... TX 297 .. 41001 Baker ...... OR 307 .. 19119 Lyon ...... IA 297 .. 41021 Gilliam ...... OR 307 .. 31027 Cedar ...... NE 297 .. 41023 Grant ...... OR 307 .. 31107 Knox ...... NE 297 .. 41049 Morrow ...... OR 307 .. 46009 Bon Homme...... SD 297 .. 41059 Umatilla ...... OR 307 .. 46027 Clay ...... SD 297 .. 41061 Union ...... OR 307 .. 46061 Hanson ...... SD 297 .. 41063 Wallowa ...... OR 307 .. 46067 Hutchinson ...... SD 297 .. 41069 Wheeler ...... OR 307 .. 46083 Lincoln ...... SD 298 .. 02068 Denali Borough...... AK 307 .. 46087 McCook ...... SD 298 .. 02090 Fairbanks North Star Borough AK 307 .. 46125 Turner ...... SD 298 .. 02180 Nome Census Area ...... AK 307 .. 46135 Yankton ...... SD 298 .. 02185 North Slope Borough ...... AK 308 .. 13079 Crawford ...... GA 298 .. 02188 Northwest Arctic Borough ...... AK 308 .. 13081 Crisp ...... GA 298 .. 02240 Southeast Fairbanks Census AK 308 .. 13093 Dooly ...... GA Area. 308 .. 13193 Macon ...... GA

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Federal Federal PEA Information PEA Information No. Processing County name State No. Processing County name State System No. System No.

308 .. 13207 Monroe ...... GA 318 .. 27077 Lake of the Woods ...... MN 308 .. 13249 Schley ...... GA 318 .. 27089 Marshall ...... MN 308 .. 13261 Sumter ...... GA 318 .. 27113 Pennington ...... MN 308 .. 13269 Taylor ...... GA 318 .. 27125 Red Lake...... MN 309 .. 37015 Bertie ...... NC 318 .. 27135 Roseau ...... MN 309 .. 37029 Camden ...... NC 318 .. 38005 Benson ...... ND 309 .. 37041 Chowan ...... NC 318 .. 38019 Cavalier ...... ND 309 .. 37073 Gates ...... NC 318 .. 38027 Eddy ...... ND 309 .. 37091 Hertford ...... NC 318 .. 38063 Nelson ...... ND 309 .. 37139 Pasquotank ...... NC 318 .. 38067 Pembina ...... ND 309 .. 37143 Perquimans ...... NC 318 .. 38071 Ramsey ...... ND 310 .. 29055 Crawford ...... MO 318 .. 38079 Rolette ...... ND 310 .. 29187 St. Francois...... MO 318 .. 38091 Steele ...... ND 310 .. 29186 Ste. Genevieve...... MO 318 .. 38095 Towner ...... ND 310 .. 29221 Washington ...... MO 318 .. 38097 Traill ...... ND 311 .. 08003 Alamosa ...... CO 318 .. 38099 Walsh ...... ND 311 .. 08009 Baca ...... CO 319 .. 13095 Dougherty ...... GA 311 .. 08011 Bent ...... CO 319 .. 13177 Lee ...... GA 311 .. 08017 Cheyenne ...... CO 320 .. 48235 Irion ...... TX 311 .. 08021 Conejos ...... CO 320 .. 48413 Schleicher ...... TX 311 .. 08023 Costilla ...... CO 320 .. 48435 Sutton ...... TX 311 .. 08025 Crowley ...... CO 320 .. 48451 Tom Green...... TX 311 .. 08055 Huerfano ...... CO 321 .. 18029 Dearborn ...... IN 311 .. 08061 Kiowa ...... CO 321 .. 18047 Franklin ...... IN 311 .. 08071 Las Animas...... CO 321 .. 18115 Ohio ...... IN 311 .. 08079 Mineral ...... CO 321 .. 18137 Ripley ...... IN 311 .. 08089 Otero ...... CO 321 .. 18155 Switzerland ...... IN 311 .. 08099 Prowers ...... CO 322 .. 38009 Bottineau ...... ND 311 .. 08105 Rio Grande...... CO 322 .. 38013 Burke ...... ND 311 .. 08109 Saguache ...... CO 322 .. 38023 Divide ...... ND 311 .. 35007 Colfax ...... NM 322 .. 38049 McHenry ...... ND 312 .. 35045 San Juan...... NM 322 .. 38053 McKenzie ...... ND 313 .. 48021 Bastrop ...... TX 322 .. 38061 Mountrail ...... ND 313 .. 48055 Caldwell ...... TX 322 .. 38075 Renville ...... ND 313 .. 48287 Lee ...... TX 322 .. 38101 Ward ...... ND 314 .. 48073 Cherokee ...... TX 322 .. 38105 Williams ...... ND 314 .. 48365 Panola ...... TX 323 .. 35003 Catron ...... NM 314 .. 48401 Rusk ...... TX 323 .. 35053 Socorro ...... NM 315 .. 30003 Big Horn...... MT 323 .. 35057 Torrance ...... NM 315 .. 30009 Carbon ...... MT 323 .. 35061 Valencia ...... NM 315 .. 30017 Custer ...... MT 324 .. 42103 Pike ...... PA 315 .. 30025 Fallon ...... MT 324 .. 42127 Wayne ...... PA 315 .. 30075 Powder River...... MT 325 .. 38015 Burleigh ...... ND 315 .. 30079 Prairie ...... MT 325 .. 38059 Morton ...... ND 315 .. 30087 Rosebud ...... MT 326 .. 27005 Becker ...... MN 315 .. 30103 Treasure ...... MT 326 .. 27087 Mahnomen ...... MN 315 .. 56003 Big Horn...... WY 326 .. 27107 Norman ...... MN 315 .. 56019 Johnson ...... WY 326 .. 27111 Otter Tail...... MN 315 .. 56029 Park ...... WY 326 .. 27167 Wilkin ...... MN 315 .. 56033 Sheridan ...... WY 327 .. 45017 Calhoun ...... SC 316 .. 16007 Bear Lake...... ID 327 .. 45075 Orangeburg ...... SC 316 .. 16029 Caribou ...... ID 328 .. 04017 Navajo ...... AZ 316 .. 49009 Daggett ...... UT 329 .. 48047 Brooks ...... TX 316 .. 49033 Rich ...... UT 329 .. 48131 Duval ...... TX 316 .. 56007 Carbon ...... WY 329 .. 48249 Jim Wells...... TX 316 .. 56023 Lincoln ...... WY 329 .. 48261 Kenedy ...... TX 316 .. 56035 Sublette ...... WY 329 .. 48273 Kleberg ...... TX 316 .. 56037 Sweetwater ...... WY 329 .. 48297 Live Oak...... TX 316 .. 56041 Uinta ...... WY 329 .. 48311 McMullen ...... TX 317 .. 31059 Fillmore ...... NE 330 .. 17033 Crawford ...... IL 317 .. 31067 Gage ...... NE 330 .. 17047 Edwards ...... IL 317 .. 31095 Jefferson ...... NE 330 .. 17101 Lawrence ...... IL 317 .. 31097 Johnson ...... NE 330 .. 17159 Richland ...... IL 317 .. 31127 Nemaha ...... NE 330 .. 17185 Wabash ...... IL 317 .. 31131 Otoe ...... NE 330 .. 17191 Wayne ...... IL 317 .. 31133 Pawnee ...... NE 330 .. 17193 White ...... IL 317 .. 31147 Richardson ...... NE 331 .. 48079 Cochran ...... TX 317 .. 31151 Saline ...... NE 331 .. 48189 Hale ...... TX 317 .. 31159 Seward ...... NE 331 .. 48219 Hockley ...... TX 317 .. 31169 Thayer ...... NE 331 .. 48279 Lamb ...... TX 317 .. 31185 York ...... NE 331 .. 48305 Lynn ...... TX 318 .. 27069 Kittson ...... MN 331 .. 48437 Swisher ...... TX

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Federal Federal PEA Information PEA Information No. Processing County name State No. Processing County name State System No. System No.

331 .. 48445 Terry ...... TX 343 .. 48301 Loving ...... TX 332 .. 37007 Anson ...... NC 343 .. 48371 Pecos ...... TX 332 .. 45025 Chesterfield ...... SC 343 .. 48377 Presidio ...... TX 332 .. 45069 Marlboro ...... SC 343 .. 48383 Reagan ...... TX 333 .. 39037 Darke ...... OH 343 .. 48389 Reeves ...... TX 333 .. 39149 Shelby ...... OH 343 .. 48443 Terrell ...... TX 334 .. 48011 Armstrong ...... TX 343 .. 48461 Upton ...... TX 334 .. 48065 Carson ...... TX 343 .. 48475 Ward ...... TX 334 .. 48075 Childress ...... TX 343 .. 48495 Winkler ...... TX 334 .. 48087 Collingsworth ...... TX 344 .. 01007 Bibb ...... AL 334 .. 48101 Cottle ...... TX 344 .. 01021 Chilton ...... AL 334 .. 48129 Donley ...... TX 344 .. 01065 Hale ...... AL 334 .. 48179 Gray ...... TX 345 .. 45039 Fairfield ...... SC 334 .. 48191 Hall ...... TX 345 .. 45071 Newberry ...... SC 334 .. 48195 Hansford ...... TX 345 .. 45081 Saluda ...... SC 334 .. 48211 Hemphill ...... TX 346 .. 37039 Cherokee ...... NC 334 .. 48233 Hutchinson ...... TX 346 .. 37043 Clay ...... NC 334 .. 48295 Lipscomb ...... TX 346 .. 37075 Graham ...... NC 334 .. 48357 Ochiltree ...... TX 346 .. 37113 Macon ...... NC 334 .. 48393 Roberts ...... TX 347 .. 22037 East Feliciana Parish ...... LA 334 .. 48483 Wheeler ...... TX 347 .. 22077 Pointe Coupee Parish ...... LA 335 .. 22031 De Soto Parish ...... LA 347 .. 22091 St. Helena Parish ...... LA 335 .. 22069 Natchitoches Parish...... LA 347 .. 22125 West Feliciana Parish ...... LA 335 .. 22081 Red River Parish ...... LA 347 .. 28157 Wilkinson ...... MS 335 .. 22085 Sabine Parish...... LA 348 .. 46013 Brown ...... SD 336 .. 27119 Polk ...... MN 348 .. 46021 Campbell ...... SD 336 .. 38035 Grand Forks...... ND 348 .. 46037 Day ...... SD 337 .. 48097 Cooke ...... TX 348 .. 46041 Dewey ...... SD 337 .. 48237 Jack ...... TX 348 .. 46045 Edmunds ...... SD 337 .. 48337 Montague ...... TX 348 .. 46049 Faulk ...... SD 337 .. 48363 Palo Pinto...... TX 348 .. 46091 Marshall ...... SD 338 .. 08007 Archuleta ...... CO 348 .. 46089 McPherson ...... SD 338 .. 08033 Dolores ...... CO 348 .. 46107 Potter ...... SD 338 .. 08067 La Plata...... CO 348 .. 46115 Spink ...... SD 338 .. 08083 Montezuma ...... CO 348 .. 46129 Walworth ...... SD 338 .. 08111 San Juan...... CO 348 .. 46137 Ziebach ...... SD 339 .. 31007 Banner ...... NE 349 .. 37111 McDowell ...... NC 339 .. 31013 Box Butte...... NE 349 .. 37121 Mitchell ...... NC 339 .. 31033 Cheyenne ...... NE 349 .. 37199 Yancey ...... NC 339 .. 31045 Dawes ...... NE 350 .. 05037 Cross ...... AR 339 .. 31105 Kimball ...... NE 350 .. 05077 Lee ...... AR 339 .. 31123 Morrill ...... NE 350 .. 05107 Phillips ...... AR 339 .. 31157 Scotts Bluff...... NE 350 .. 05123 St. Francis...... AR 339 .. 31165 Sioux ...... NE 351 .. 30109 Wibaux ...... MT 339 .. 56015 Goshen ...... WY 351 .. 38007 Billings ...... ND 340 .. 35009 Curry ...... NM 351 .. 38011 Bowman ...... ND 340 .. 35011 DeBaca ...... NM 351 .. 38025 Dunn ...... ND 340 .. 35021 Harding ...... NM 351 .. 38029 Emmons ...... ND 340 .. 35037 Quay ...... NM 351 .. 38033 Golden Valley...... ND 340 .. 35041 Roosevelt ...... NM 351 .. 38037 Grant ...... ND 340 .. 35059 Union ...... NM 351 .. 38041 Hettinger ...... ND 341 .. 35027 Lincoln ...... NM 351 .. 38043 Kidder ...... ND 341 .. 35035 Otero ...... NM 351 .. 38047 Logan ...... ND 342 .. 46003 Aurora ...... SD 351 .. 38051 McIntosh ...... ND 342 .. 46015 Brule ...... SD 351 .. 38055 McLean ...... ND 342 .. 46017 Buffalo ...... SD 351 .. 38057 Mercer ...... ND 342 .. 46023 Charles Mix...... SD 351 .. 38065 Oliver ...... ND 342 .. 46035 Davison ...... SD 351 .. 38085 Sioux ...... ND 342 .. 46043 Douglas ...... SD 351 .. 38087 Slope ...... ND 342 .. 46053 Gregory ...... SD 351 .. 38089 Stark ...... ND 342 .. 46059 Hand ...... SD 351 .. 46031 Corson ...... SD 342 .. 46065 Hughes ...... SD 352 .. 48177 Gonzales ...... TX 342 .. 46069 Hyde ...... SD 352 .. 48255 Karnes ...... TX 342 .. 46073 Jerauld ...... SD 352 .. 48493 Wilson ...... TX 342 .. 46085 Lyman ...... SD 353 .. 17075 Iroquois ...... IL 342 .. 46117 Stanley ...... SD 353 .. 18073 Jasper ...... IN 342 .. 46119 Sully ...... SD 353 .. 18111 Newton ...... IN 342 .. 46123 Tripp ...... SD 354 .. 55135 Waupaca ...... WI 343 .. 48043 Brewster ...... TX 354 .. 55137 Waushara ...... WI 343 .. 48103 Crane ...... TX 355 .. 56025 Natrona ...... WY 343 .. 48105 Crockett ...... TX 356 .. 53019 Ferry ...... WA 343 .. 48243 Jeff Davis...... TX 356 .. 53043 Lincoln ...... WA

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Federal Federal PEA Information PEA Information No. Processing County name State No. Processing County name State System No. System No.

356 .. 53051 Pend Oreille...... WA 368 .. 20163 Rooks ...... KS 356 .. 53065 Stevens ...... WA 368 .. 20183 Smith ...... KS 357 .. 35039 Rio Arriba...... NM 369 .. 19003 Adams ...... IA 357 .. 35055 Taos ...... NM 369 .. 19071 Fremont ...... IA 358 .. 48031 Blanco ...... TX 369 .. 19129 Mills ...... IA 358 .. 48053 Burnet ...... TX 369 .. 19137 Montgomery ...... IA 358 .. 48299 Llano ...... TX 369 .. 19145 Page ...... IA 359 .. 08075 Logan ...... CO 369 .. 19173 Taylor ...... IA 359 .. 08087 Morgan ...... CO 369 .. 29005 Atchison ...... MO 359 .. 08095 Phillips ...... CO 370 .. 19011 Benton ...... IA 359 .. 08121 Washington ...... CO 370 .. 19095 Iowa ...... IA 359 .. 08125 Yuma ...... CO 370 .. 19183 Washington ...... IA 359 .. 31057 Dundy ...... NE 371 .. 37005 Alleghany ...... NC 360 .. 02100 Haines Borough...... AK 371 .. 51640 Galax City...... VA 360 .. 02105 Hoonah-Angoon Census Area AK 371 .. 51077 Grayson ...... VA 360 .. 02110 Juneau Borough...... AK 371 .. 51197 Wythe ...... VA 360 .. 02130 Ketchikan Gateway Borough .. AK 372 .. 08039 Elbert ...... CO 360 .. 02195 Petersburg ...... AK 372 .. 08063 Kit Carson...... CO 360 .. 02198 Prince of Wales-Hyder ...... AK 372 .. 08073 Lincoln ...... CO 360 .. 02220 Sitka Borough...... AK 372 .. 20023 Cheyenne ...... KS 360 .. 02230 Skagway Municipality...... AK 372 .. 20063 Gove ...... KS 360 .. 02275 Wrangell ...... AK 372 .. 20109 Logan ...... KS 360 .. 02282 Yakutat Borough...... AK 372 .. 20179 Sheridan ...... KS 361 .. 49023 Juab ...... UT 372 .. 20181 Sherman ...... KS 361 .. 49027 Millard ...... UT 372 .. 20193 Thomas ...... KS 361 .. 49039 Sanpete ...... UT 372 .. 20199 Wallace ...... KS 361 .. 49041 Sevier ...... UT 373 .. 53013 Columbia ...... WA 362 .. 16003 Adams ...... ID 373 .. 53071 Walla Walla...... WA 362 .. 16015 Boise ...... ID 374 .. 08115 Sedgwick ...... CO 362 .. 16045 Gem ...... ID 374 .. 31005 Arthur ...... NE 362 .. 16075 Payette ...... ID 374 .. 31009 Blaine ...... NE 362 .. 16085 Valley ...... ID 374 .. 31029 Chase ...... NE 362 .. 16087 Washington ...... ID 374 .. 31049 Deuel ...... NE 363 .. 48003 Andrews ...... TX 374 .. 31069 Garden ...... NE 363 .. 48033 Borden ...... TX 374 .. 31091 Hooker ...... NE 363 .. 48115 Dawson ...... TX 374 .. 31101 Keith ...... NE 363 .. 48173 Glasscock ...... TX 374 .. 31111 Lincoln ...... NE 363 .. 48227 Howard ...... TX 374 .. 31113 Logan ...... NE 363 .. 48317 Martin ...... TX 374 .. 31117 McPherson ...... NE 364 .. 30001 Beaverhead ...... MT 374 .. 31135 Perkins ...... NE 364 .. 30007 Broadwater ...... MT 374 .. 31171 Thomas ...... NE 364 .. 30023 Deer Lodge...... MT 375 .. 35017 Grant ...... NM 364 .. 30043 Jefferson ...... MT 375 .. 35023 Hidalgo ...... NM 364 .. 30093 Silver Bow...... MT 375 .. 35029 Luna ...... NM 365 .. 40141 Tillman ...... OK 376 .. 48111 Dallam ...... TX 365 .. 48009 Archer ...... TX 376 .. 48117 Deaf Smith...... TX 365 .. 48023 Baylor ...... TX 376 .. 48205 Hartley ...... TX 365 .. 48155 Foard ...... TX 376 .. 48341 Moore ...... TX 365 .. 48197 Hardeman ...... TX 376 .. 48359 Oldham ...... TX 365 .. 48429 Stephens ...... TX 376 .. 48421 Sherman ...... TX 365 .. 48447 Throckmorton ...... TX 377 .. 01023 Choctaw ...... AL 365 .. 48487 Wilbarger ...... TX 377 .. 01063 Greene ...... AL 365 .. 48503 Young ...... TX 377 .. 01091 Marengo ...... AL 366 .. 53003 Asotin ...... WA 377 .. 01119 Sumter ...... AL 366 .. 53023 Garfield ...... WA 378 .. 13033 Burke ...... GA 366 .. 53075 Whitman ...... WA 378 .. 13125 Glascock ...... GA 367 .. 29007 Audrain ...... MO 378 .. 13163 Jefferson ...... GA 367 .. 29137 Monroe ...... MO 378 .. 13165 Jenkins ...... GA 367 .. 29175 Randolph ...... MO 378 .. 13301 Warren ...... GA 367 .. 29205 Shelby ...... MO 379 .. 26033 Chippewa ...... MI 368 .. 20029 Cloud ...... KS 379 .. 26095 Luce ...... MI 368 .. 20039 Decatur ...... KS 379 .. 26097 Mackinac ...... MI 368 .. 20065 Graham ...... KS 380 .. 26003 Alger ...... MI 368 .. 20089 Jewell ...... KS 380 .. 26041 Delta ...... MI 368 .. 20105 Lincoln ...... KS 380 .. 26153 Schoolcraft ...... MI 368 .. 20123 Mitchell ...... KS 381 .. 48137 Edwards ...... TX 368 .. 20137 Norton ...... KS 381 .. 48271 Kinney ...... TX 368 .. 20141 Osborne ...... KS 381 .. 48465 Val Verde...... TX 368 .. 20143 Ottawa ...... KS 382 .. 56013 Fremont ...... WY 368 .. 20147 Phillips ...... KS 382 .. 56017 Hot Springs...... WY 368 .. 20153 Rawlins ...... KS 382 .. 56043 Washakie ...... WY 368 .. 20157 Republic ...... KS 383 .. 19039 Clarke ...... IA

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Federal Federal PEA Information PEA Information No. Processing County name State No. Processing County name State System No. System No.

383 .. 19053 Decatur ...... IA 400 .. 48369 Parmer ...... TX 383 .. 19117 Lucas ...... IA 401 .. 48045 Briscoe ...... TX 383 .. 19159 Ringgold ...... IA 401 .. 48107 Crosby ...... TX 383 .. 19175 Union ...... IA 401 .. 48125 Dickens ...... TX 383 .. 19185 Wayne ...... IA 401 .. 48153 Floyd ...... TX 384 .. 19005 Allamakee ...... IA 401 .. 48169 Garza ...... TX 384 .. 19043 Clayton ...... IA 401 .. 48263 Kent ...... TX 384 .. 19055 Delaware ...... IA 401 .. 48345 Motley ...... TX 385 .. 29111 Lewis ...... MO 402 .. 48095 Concho ...... TX 385 .. 29127 Marion ...... MO 402 .. 48267 Kimble ...... TX 385 .. 29173 Ralls ...... MO 402 .. 48319 Mason ...... TX 386 .. 45005 Allendale ...... SC 402 .. 48307 McCulloch ...... TX 386 .. 45009 Bamberg ...... SC 402 .. 48327 Menard ...... TX 386 .. 45011 Barnwell ...... SC 403 .. 30027 Fergus ...... MT 387 .. 38003 Barnes ...... ND 403 .. 30045 Judith Basin...... MT 387 .. 38021 Dickey ...... ND 403 .. 30059 Meagher ...... MT 387 .. 38039 Griggs ...... ND 403 .. 30071 Phillips ...... MT 387 .. 38045 LaMoure ...... ND 403 .. 30107 Wheatland ...... MT 387 .. 38073 Ransom ...... ND 404 .. 49025 Kane ...... UT 387 .. 38077 Richland ...... ND 404 .. 49037 San Juan...... UT 387 .. 38081 Sargent ...... ND 405 .. 56039 Teton ...... WY 388 .. 19009 Audubon ...... IA 406 .. 19105 Jones ...... IA 388 .. 19029 Cass ...... IA 407 .. 16023 Butte ...... ID 388 .. 19085 Harrison ...... IA 407 .. 16037 Custer ...... ID 388 .. 19165 Shelby ...... IA 407 .. 16059 Lemhi ...... ID 389 .. 31061 Franklin ...... NE 408 .. 48081 Coke ...... TX 389 .. 31063 Frontier ...... NE 408 .. 48399 Runnels ...... TX 389 .. 31065 Furnas ...... NE 408 .. 48431 Sterling ...... TX 389 .. 31073 Gosper ...... NE 409 .. 48207 Haskell ...... TX 389 .. 31083 Harlan ...... NE 409 .. 48269 King ...... TX 389 .. 31085 Hayes ...... NE 409 .. 48275 Knox ...... TX 389 .. 31087 Hitchcock ...... NE 409 .. 48417 Shackelford ...... TX 389 .. 31099 Kearney ...... NE 409 .. 48433 Stonewall ...... TX 389 .. 31137 Phelps ...... NE 410 .. 31031 Cherry ...... NE 389 .. 31145 Red Willow...... NE 410 .. 31075 Grant ...... NE 390 .. 48151 Fisher ...... TX 410 .. 31161 Sheridan ...... NE 390 .. 48335 Mitchell ...... TX 411 .. 48109 Culberson ...... TX 390 .. 48353 Nolan ...... TX 411 .. 48229 Hudspeth ...... TX 390 .. 48415 Scurry ...... TX 412 .. 72001 Adjuntas ...... PR 391 .. 41025 Harney ...... OR 412 .. 72003 Aguada ...... PR 391 .. 41045 Malheur ...... OR 412 .. 72005 Aguadilla ...... PR 392 .. 29075 Gentry ...... MO 412 .. 72007 Aguas Buenas...... PR 392 .. 29087 Holt ...... MO 412 .. 72009 Aibonito ...... PR 392 .. 29147 Nodaway ...... MO 412 .. 72011 Anasco ...... PR 392 .. 29227 Worth ...... MO 412 .. 72013 Arecibo ...... PR 393 .. 29041 Chariton ...... MO 412 .. 72015 Arroyo ...... PR 393 .. 29115 Linn ...... MO 412 .. 72017 Barceloneta ...... PR 393 .. 29121 Macon ...... MO 412 .. 72019 Barranquitas ...... PR 394 .. 46007 Bennett ...... SD 412 .. 72021 Bayamon ...... PR 394 .. 46055 Haakon ...... SD 412 .. 72023 Cabo Rojo...... PR 394 .. 46071 Jackson ...... SD 412 .. 72025 Caguas ...... PR 394 .. 46075 Jones ...... SD 412 .. 72027 Camuy ...... PR 394 .. 46095 Mellette ...... SD 412 .. 72029 Canovanas ...... PR 394 .. 46113 Shannon ...... SD 412 .. 72031 Carolina ...... PR 394 .. 46121 Todd ...... SD 412 .. 72033 Catano ...... PR 395 .. 38031 Foster ...... ND 412 .. 72035 Cayey ...... PR 395 .. 38069 Pierce ...... ND 412 .. 72037 Ceiba ...... PR 395 .. 38083 Sheridan ...... ND 412 .. 72039 Ciales ...... PR 395 .. 38093 Stutsman ...... ND 412 .. 72041 Cidra ...... PR 395 .. 38103 Wells ...... ND 412 .. 72043 Coamo ...... PR 396 .. 19001 Adair ...... IA 412 .. 72045 Comerio ...... PR 396 .. 19077 Guthrie ...... IA 412 .. 72047 Corozal ...... PR 396 .. 19121 Madison ...... IA 412 .. 72049 Culebra ...... PR 397 .. 01075 Lamar ...... AL 412 .. 72051 Dorado ...... PR 397 .. 01107 Pickens ...... AL 412 .. 72053 Fajardo ...... PR 398 .. 31043 Dakota ...... NE 412 .. 72054 Florida ...... PR 398 .. 31051 Dixon ...... NE 412 .. 72055 Guanica ...... PR 398 .. 31173 Thurston ...... NE 412 .. 72057 Guayama ...... PR 399 .. 48281 Lampasas ...... TX 412 .. 72059 Guayanilla ...... PR 399 .. 48411 San Saba...... TX 412 .. 72061 Guaynabo ...... PR 400 .. 48017 Bailey ...... TX 412 .. 72063 Gurabo ...... PR 400 .. 48069 Castro ...... TX 412 .. 72065 Hatillo ...... PR

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Federal Subpart B—Applications and PEA Information No. Processing County name State Licenses System No. § 27.10 Regulatory status. 412 .. 72067 Hormigueros ...... PR 412 .. 72069 Humacao ...... PR The following rules apply concerning 412 .. 72071 Isabela ...... PR the regulatory status in the frequency 412 .. 72073 Jayuya ...... PR bands specified in § 27.5. 412 .. 72075 Juana Diaz...... PR (a) Single authorization. Authorization 412 .. 72077 Juncos ...... PR will be granted to provide any or a 412 .. 72079 Lajas ...... PR 412 .. 72081 Lares ...... PR combination of the following services 412 .. 72083 Las Marias...... PR in a single license: common carrier, 412 .. 72085 Las Piedras...... PR non-common carrier, private internal 412 .. 72087 Loiza ...... PR communications, and broadcast serv- 412 .. 72089 Luquillo ...... PR ices. A licensee may render any kind of 412 .. 72091 Manati ...... PR communications service consistent 412 .. 72093 Maricao ...... PR with the regulatory status in its li- 412 .. 72095 Maunabo ...... PR 412 .. 72097 Mayaguez ...... PR cense and with the Commission’s rules 412 .. 72099 Moca ...... PR applicable to that service. An applicant 412 .. 72101 Morovis ...... PR or licensee may submit a petition at 412 .. 72103 Naguabo ...... PR any time requesting clarification of 412 .. 72105 Naranjito ...... PR the regulatory status for which author- 412 .. 72107 Orocovis ...... PR ization is required to provide a specific 412 .. 72109 Patillas ...... PR communications service. 412 .. 72111 Penuelas ...... PR 412 .. 72113 Ponce ...... PR (b) Designation of regulatory status in 412 .. 72115 Quebradillas ...... PR initial application. An applicant shall 412 .. 72117 Rincon ...... PR specify in its initial application if it is 412 .. 72119 Rio Grande...... PR requesting authorization to provide 412 .. 72121 Sabana Grande...... PR common carrier, non-common carrier, 412 .. 72123 Salinas ...... PR private internal communications, or 412 .. 72125 San German...... PR 412 .. 72127 San Juan...... PR broadcast services, or a combination 412 .. 72129 San Lorenzo...... PR thereof. 412 .. 72131 San Sebastian...... PR (c) Amendment of pending applications. 412 .. 72133 Santa Isabel...... PR The following rules apply to amend- 412 .. 72135 Toa Alta...... PR ments of a pending application. 412 .. 72137 Toa Baja...... PR (1) Any pending application may be 412 .. 72139 Trujillo Alto...... PR amended to: 412 .. 72141 Utuado ...... PR 412 .. 72143 Vega Alta...... PR (i) Change the carrier regulatory sta- 412 .. 72145 Vega Baja...... PR tus requested, or 412 .. 72147 Vieques ...... PR (ii) Add to the pending request in 412 .. 72149 Villalba ...... PR order to obtain common carrier, non- 412 .. 72151 Yabucoa ...... PR common carrier, private internal com- 412 .. 72153 Yauco ...... PR munications, or broadcast services sta- 413 .. 66010 Guam ...... GU. tus, or a combination thereof, in a sin- 413 .. 69085 Northern Islands...... MP 413 .. 69100 Rota ...... MP gle license. 413 .. 69110 Saipan ...... MP (2) Amendments to change, or add to, 413 .. 69120 Tinian ...... MP the carrier regulatory status in a pend- 414 .. 78010 St. Croix...... VI ing application are minor amendments 414 .. 78020 St. John...... VI filed under § 1.927 of this chapter. 414 .. 78030 St. Thomas...... VI (d) Modification of license. The fol- 415 .. 60010 Eastern District...... AS lowing rules apply to amendments of a 415 .. 60020 Manu’a District...... AS 415 .. 60030 Rose Island...... AS license. 415 .. 60040 Swains Island...... AS (1) A licensee may modify a license 415 .. 60050 Western District...... AS to: 416 .. 99023 Gulf of Mexico Central and GM (i) Change the regulatory status au- East. thorized, or 416 .. 99001 Gulf of Mexico West ...... GM (ii) Add to the status authorized in order to obtain a combination of serv- [85 FR 22865, Apr. 23, 2020] ices of different regulatory status in a single license.

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(2) Applications to change, or add to, § 27.6(b)(2). In the event that no licenses the carrier status in a license are modi- granting authorizations for Block C, fications not requiring prior Commis- consisting of two paired channels of 11 sion authorization. The licensee must megahertz each, are assigned based on notify the Commission within 30 days the results of the first auction in which of the change. If the change results in such licenses are offered because the the discontinuance, reduction, or im- auction results do not satisfy the appli- pairment of an existing service, the li- cable reserve price, then the authoriza- censee is subject to the provisions of tions for the spectrum in the 746–757 § 27.66. MHz and 776–787 MHz bands will instead be as follows: [65 FR 3146, Jan. 20, 2000, as amended at 65 FR 17602, Apr. 4, 2000; 67 FR 5510, Feb. 6, 2002; (i) Authorizations for Block C1, con- 67 FR 41854, June 20, 2002; 68 FR 66286, Nov. sisting of two paired channels of 6 25, 2003; 72 FR 27709, May 16, 2007] megahertz each in the 746–752 MHz and 776–782 MHz bands, will be based on § 27.11 Initial authorization. those geographic areas specified in (a) An applicant must file a single ap- § 27.6(b)(2)(i). plication for an initial authorization (ii) Authorizations for Block C2, con- for all markets won and frequency sisting of two paired channels of 5 blocks desired. Initial authorizations megahertz each in the 752–757 MHz and shall be granted in accordance with 782–787 MHz bands, will be based on § 27.5. Applications for individual sites those geographic areas specified in are not required and will not be accept- § 27.6(b)(2)(ii). ed, except where required for environ- (d) 698–746 MHz band. Initial author- mental assessments, in accordance izations for the 698–746 MHz band shall with §§ 1.1301 through 1.1319 of this be for 6 or 12 megahertz of spectrum in chapter. accordance with § 27.5(c). (b) 2305–2320 MHz and 2345–2360 MHz (1) Authorizations for Block A, con- bands. Initial authorizations for the sisting of two paired channels of 6 2305–2320 MHz and 2345–2360 MHz bands megahertz each, will be based on those shall be for 10 megahertz of spectrum geographic areas specified in § 27.6(c)(1). in accordance with § 27.5(a). (2) Authorizations for Block B, con- (1) Authorizations for Blocks A and B sisting of two paired channels of 6 will be based on Major Economic Areas megahertz each, will be based on those (MEAs), as specified in § 27.6(a)(1). geographic areas specified in § 27.6(c)(2). (2) Authorizations for Blocks C and D (3) Authorizations for Block C, con- will be based on Regional Economic sisting of two paired channels of 6 Area Groupings (REAGs), as specified megahertz each, will be based on those in § 27.6(a)(2). geographic areas specified in § 27.6(c)(2). (c) 746–758 MHz, 775–788 MHz, and 805– (4) Authorizations for Block D, con- 806 MHz bands. Initial authorizations sisting of an unpaired channel block of for the 746–758 MHz, 775–788 MHz, and 6 megahertz, will be based on those ge- 805–806 MHz bands shall be for paired ographic areas specified in § 27.6(c)(3). channels of 1, 5, 6, or 11 megahertz of (5) Authorizations for Block E, con- spectrum in accordance with § 27.5(b). sisting of an unpaired channel block of (1) Authorizations for Block A, con- 6 megahertz, will be based on those ge- sisting of two paired channels of 1 ographic areas specified in § 27.6(c)(1). megahertz each, will be based on those (e) 1390–1392 MHz band. Initial au- geographic areas specified in thorizations for the 1390–1392 MHz band § 27.6(b)(1). shall be for 2 megahertz of spectrum in (2) Authorizations for Block B, con- accordance with § 27.5(d). Authoriza- sisting of two paired channels of 1 tions will be based on Major Economic megahertz each, will be based on those Areas (MEAs), as specified in § 27.6(d). geographic areas specified in (f) The paired 1392–1395 MHz and 1432– § 27.6(b)(1). 1435 MHz bands. Initial authorizations (3) Authorizations for Block C, con- for the paired 1392–1395 MHz and 1432– sisting of two paired channels of 11 1435 MHz bands shall be for 3 megahertz megahertz each, will be based on those of paired spectrum in accordance with geographic areas specified in § 27.5(e). Authorization for Blocks A

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and B will be based on Economic Areas (k) 600 MHz band. Initial authoriza- Groupings (EAGs), as specified in tions for the 600 MHz band will be § 27.6(e). based on Partial Economic Areas (g) 1670–1675 MHz band. Initial au- (PEAs), as specified in § 27.6(1), and, thorizations for the 1670–1675 MHz band shall be paired channels that each con- shall be for 5 megahertz of spectrum in sist of a 5 megahertz channel block in accordance with § 27.5(f). Authoriza- the 600 MHz downlink band (617–652 tions will be on a nationwide basis. MHz), paired with a 5 megahertz chan- (h) [Reserved] nel block in the 600 MHz uplink band (i) 1710–1755 MHz and 2110–2155 MHz (663–698 MHz), based on the frequency bands. Initial authorizations for the blocks specified in § 27.5(l). 1710–1755 MHz and 2110–2155 MHz bands (l) 3700–3980 MHz band. Authoriza- shall be for 5 or 10 megahertz of spec- tions for licenses in the 3.7 GHz Service trum in each band in accordance with will be based on Partial Economic § 27.5(h) of this part. Areas (PEAs), as specified in § 27.6(m), (1) Authorizations for Block A, con- and the frequency sub-blocks specified sisting of two paired channels of 10 in § 27.5(m). megahertz each, will be based on those [62 FR 9658, Mar. 3, 1997, as amended at 63 FR geographic areas specified in 68954, Dec. 14, 1998; 65 FR 3146, Jan. 20, 2000; § 27.6(h)(1). 67 FR 5511, Feb. 6, 2002; 67 FR 41854, June 20, (2) Authorizations for Block B, con- 2002; 69 FR 5715, Feb. 6, 2004; 69 FR 39867, July 1, 2004; 69 FR 77950, Dec. 29, 2004; 70 FR 58065, sisting of two paired channels of 10 Oct. 5, 2005; 72 FR 48845, Aug. 24, 2007; 79 FR megahertz each, will be based on those 597, Jan. 6, 2014; 79 FR 32410, June 4, 2014; 79 geographic areas specified in FR 48536, Aug. 15, 2014; 82 FR 47160, Oct. 11, § 27.6(h)(2). 2017; 85 FR 22881, Apr. 23, 2020] (3) Authorizations for Block C, consisting of two paired channels of 5 § 27.12 Eligibility. megahertz each, will be based on those (a) Except as provided in paragraph geographic areas specified in (b) of this section and in §§ 27.604, § 27.6(h)(2). 27.1201, 27.1202, and 27.1503, any entity (4) Authorizations for Blocks D, con- other than those precluded by section sisting of two paired channels of 5 310 of the Communications Act of 1934, megahertz each, will be based on those as amended, 47 U.S.C. 310, is eligible to geographic areas specified in hold a license under this part. § 27.6(h)(3). (b) A person described in 47 U.S.C. (5) Authorizations for Blocks E, con- 1404(c) is ineligible to hold a license sisting of two paired channels of 5 that is required by 47 U.S.C. Chapter 13 megahertz each, will be based on those (Middle Class Tax Relief and Job Cre- geographic areas specified in ation Act of 2012 (Pub. L. 112–96, 125 § 27.6(h)(3). Stat. 156 (2012)) to be assigned by a sys- (6) Authorizations for Block F, con- tem of competitive bidding under sisting of two paired channels of 10 § 309(j) of the Communications Act, 47 megahertz each, will be based on those U.S.C. 309(j). geographic areas specified in [78 FR 50254, Aug. 16, 2013, as amended at 85 § 27.6(h)(3). FR 43134, July 16, 2020] (j) 1695–1710 MHz, 1755–1780 MHz and 2155–2180 MHz bands. (1) Initial author- § 27.13 License period. izations for the 1695–1710 MHz band (a) 2305–2320 MHz and 2345–2360 MHz shall be based on the frequency blocks bands. Initial WCS authorizations for specified in § 27.5(h)(3) and the cor- the 2305–2320 MHz and 2345–2360 MHz responding service area specified in bands will have a term not to exceed § 27.6(k)(2). ten years from the date of original (2) Initial authorizations for the 1755– issuance or renewal. 1780 MHz and 2155–2180 MHz shall be (b) 698–763 MHz, 776–793, 775–776, and based on the paired frequency blocks 805–806 MHz bands. Initial authoriza- specified in § 27.5(h)(1) and (2) and the tions for the 698–758 MHz and 776–788 corresponding service areas specified in MHz bands will extend for a term not § 27.6(k)(1) and (2). to exceed ten years from June 13, 2009,

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except that initial authorizations for a the 1695–1710 MHz, 1755–1780 MHz, and part 27 licensee that provides broadcast 2155–2180 MHz bands will have a term services, whether exclusively or in not to exceed twelve (12) years from combination with other services, will the date of issuance and ten (10) years not exceed eight years. Initial author- from the date of any subsequent license izations for the 775–776 MHz and 805–806 renewal. MHz bands shall not exceed April 27, (l) 600 MHz band. Authorizations for 2015. Licensees that initiate the provi- the 600 MHz band will have an initial sion of a broadcast service, whether ex- term not to exceed twelve years from clusively or in combination with other the date of issuance and ten years from services, may not provide this service the date of any subsequent license re- for more than eight years or beyond newal. the end of the license term if no broad- (m) 3700–3980 MHz band. Authoriza- cast service had been provided, which- tions for licenses in the 3.7 GHz Service ever period is shorter in length. in the 3700–3980 MHz band will have a (c) 1390–1392 MHz band. Initial au- term not to exceed 15 years from the thorizations for the 1390–1392 MHz band date of issuance or renewal. will have a term not to exceed ten years from the date of initial issuance (n) 900 MHz broadband. Authoriza- or renewal. tions for broadband licenses in the (d) The paired 1392–1395 and 1432–1435 897.5–900.5 MHz and 936.5–939.5 MHz MHz bands. Initial WCS authorizations bands will have a term not to exceed 15 for the paired 1392–1395 MHz and 1432– years from the date of initial issuance 1435 MHz bands will have a term not to and ten (10) years from the date of any exceed ten years from the date of ini- subsequent renewal. tial issuance or renewal. [65 FR 3146, Jan. 20, 2000] (e) 1670–1675 MHz band. Initial authorizations for the 1670–1675 MHz band EDITORIAL NOTE: For FEDERAL REGISTER ci- will have a term not to exceed ten tations affecting § 27.13, see the List of CFR Sections Affected, which appears in the years from the date of initial issuance Finding Aids section of the printed volume or renewal. and at www.govinfo.gov. (f) [Reserved] (g) 1710–1755 MHz and 2110–2155 MHz § 27.14 Construction requirements. bands. Authorizations for the 1710–1755 MHz and 2110–2155 MHz bands will have (a) AWS and WCS licensees, with the a term not to exceed ten years from exception of WCS licensees holding au- the date of initial issuance or renewal, thorizations for the 600 MHz band, except that authorizations issued on or Block A in the 698–704 MHz and 728–734 before December 31, 2009, shall have a MHz bands, Block B in the 704–710 MHz term of fifteen years. and 734–740 MHz bands, Block E in the (h) BRS and EBS. BRS and EBS au- 722–728 MHz band, Block C, C1 or C2 in thorizations shall have a term not to the 746–757 MHz and 776–787 MHz bands, exceed ten years from the date of origi- Block A in the 2305–2310 MHz and 2350– nal issuance or renewal. Unless other- 2355 MHz bands, Block B in the 2310– wise specified by the Commission, in- 2315 MHz and 2355–2360 MHz bands, cumbent BRS authorizations shall ex- Block C in the 2315–2320 MHz band, pire on May 1 in the year of expiration. Block D in the 2345–2350 MHz band, and (i) 2000–2020 MHz and 2180–2200 MHz in the 3700–3980 MHz band, and with the bands. Authorizations for the 2000–2020 exception of licensees holding AWS au- MHz and 2180–2200 MHz bands will have thorizations in the 1915–1920 MHz and a term not to exceed ten years from 1995–2000 MHz bands, the 2000–2020 MHz the date of issuance or renewal. and 2180–2200 MHz bands, or 1695–1710 (j) 1915–1920 MHz and 1995–2000 MHz MHz, 1755–1780 MHz and 2155–2180 MHz bands. Authorizations for 1915–1920 MHz bands, must, as a performance require- and 1995–2000 MHz bands will have a ment, make a showing of ‘‘substantial term not to exceed ten years from the service’’ in their license area within date of issuance or renewal. the prescribed license term set forth in (k) 1695–1710 MHz, 1755–1780 MHz, and § 27.13. ‘‘Substantial service’’ is defined 2155–2180 MHz bands. Authorizations for as service which is sound, favorable

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and substantially above a level of me- erage and offers service at a level that diocre service which just might mini- is below this interim benchmark may mally warrant renewal. Failure by any lose authority to operate in part of the licensee to meet this requirement will remaining unserved areas of the li- result in forfeiture of the license and cense. the licensee will be ineligible to regain (2) If any such EA or CMA licensee it. fails to provide signal coverage and (b)–(f) [Reserved] offer service to at least 70 percent of (g) WCS licensees holding EA author- the geographic area of its license au- izations for Block A in the 698–704 MHz thorization by the end of the license and 728–734 MHz bands, cellular market term, that licensee’s authorization will authorizations for Block B in the 704– terminate automatically without Com- 710 MHz and 734–740 MHz bands, or EA mission action for those geographic authorizations for Block E in the 722– portions of its license in which the li- 728 MHz band, if the results of the first censee is not providing service, and auction in which licenses for such au- those unserved areas will become avail- thorizations are offered satisfy the re- able for reassignment by the Commis- serve price for the applicable block, sion. Such licensee may also be subject shall provide signal coverage and offer to enforcement action, including for- service over at least 35 percent of the feitures. In addition, an EA or CMA li- geographic area of each of their license censee that provides signal coverage authorizations no later than June 13, and offers service at a level that is 2013 (or within four years of initial li- below this end-of-term benchmark may cense grant if the initial authorization be subject to license termination. In in a market is granted after June 13, the event that a licensee’s authority to 2009), and shall provide such service operate in a license area terminates over at least 70 percent of the geo- automatically without Commission ac- graphic area of each of these authorization, such areas will become available tions by the end of the license term. In for reassignment pursuant to the pro- applying these geographic benchmarks, cedures in paragraph (j) of this section. licensees are not required to include (3) For licenses under paragraph (g) land owned or administered by govern- of this section, the geographic service ment as a part of the relevant service area to be made available for reassign- area. Licensees may count covered gov- ment must include a contiguous area of ernment land for purposes of meeting at least 130 square kilometers (50 their geographic construction bench- square miles), and areas smaller than a mark, but are required to add the cov- contiguous area of at least 130 square ered government land to the total geo- kilometers (50 square miles) will not be graphic area used for measurement deemed unserved. purposes. Licensees are required to in- (h) WCS licensees holding REAG au- clude those populated lands held by thorizations for Block C in the 746–757 tribal governments and those held by MHz and 776–787 MHz bands or REAG the Federal Government in trust or for authorizations for Block C2 in the 752– the benefit of a recognized tribe. 757 MHz and 782–787 MHz bands shall (1) If an EA or CMA licensee holding provide signal coverage and offer serv- an authorization in these particular ice over at least 40 percent of the popu- blocks fails to provide signal coverage lation in each EA comprising the and offer service over at least 35 per- REAG license area no later than June cent of the geographic area of its li- 13, 2013 (or within four years of initial cense authorization by no later than license grant, if the initial authoriza- June 13, 2013 (or within four years of tion in a market is granted after June initial license grant, if the initial au- 13, 2009), and shall provide such service thorization in a market is granted over at least 75 percent of the popu- after June 13, 2009), the term of that li- lation of each of these EAs by the end cense authorization will be reduced by of the license term. For purposes of two years and such licensee may be compliance with this requirement, li- subject to enforcement action, includ- censees should determine population ing forfeitures. In addition, an EA or based on the most recently available CMA licensee that provides signal cov- U.S. Census Data.

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(1) If a licensee holding a Block C au- 728 MHz band, if the results of the first thorization fails to provide signal cov- auction in which licenses for such au- erage and offer service over at least 40 thorizations in Blocks A, B, and E are percent of the population in each EA offered do not satisfy the reserve price comprising the REAG license area by for the applicable block, as well as EA no later than June 13, 2013 (or within authorizations for Block C1 in the 746– four years of initial license grant if the 752 MHz and 776–782 MHz bands, are initial authorization in a market is subject to the following: granted after June 13, 2009), the term of (1) If a licensee holding a cellular the license authorization will be re- market area or EA authorization sub- duced by two years and such licensee ject to this paragraph (i) fails to pro- may be subject to enforcement action, vide signal coverage and offer service including forfeitures. In addition, a li- over at least 40 percent of the popu- censee that provides signal coverage lation in its license area by no later and offers service at a level that is than June 13, 2013 (or within four years below this interim benchmark may of initial license grant, if the initial lose authority to operate in part of the authorization in a market is granted remaining unserved areas of the li- after June 13, 2009), the term of that license. cense authorization will be reduced by (2) If a licensee holding a Block C au- two years and such licensee may be thorization fails to provide signal cov- subject to enforcement action, includ- erage and offer service over at least 75 ing forfeitures. In addition, such li- percent of the population in any EA censee that provides signal coverage comprising the REAG license area by and offers service at a level that is the end of the license term, for each below this interim benchmark may such EA that licensee’s authorization lose authority to operate in part of the will terminate automatically without remaining unserved areas of the li- Commission action for those geo- cense. For purposes of compliance with graphic portions of its license in which this requirement, licensees should de- the licensee is not providing service. termine population based on the most Such licensee may also be subject to recently available U.S. Census Data. enforcement action, including forfeit- (2) If a licensee holding a cellular ures. In the event that a licensee’s au- market area or EA authorization sub- thority to operate in a license area ter- ject to this paragraph (i) fails to pro- minates automatically without Com- vide signal coverage and offer service mission action, such areas will become over at least 75 percent of the popu- available for reassignment pursuant to lation in its license area by the end of the procedures in paragraph (j) of this the license term, that licensee’s au- section. In addition, a REAG licensee thorization will terminate automati- that provides signal coverage and of- cally without Commission action for fers service at a level that is below this those geographic portions of its license end-of-term benchmark within any EA in which the licensee is not providing may be subject to license termination service, and those unserved areas will within that EA. become available for reassignment by (3) For licenses under paragraph (h), the Commission. Such licensee may the geographic service area to be made also be subject to enforcement action, available for reassignment must in- including forfeitures. In the event that clude a contiguous area of at least 130 a licensee’s authority to operate in a square kilometers (50 square miles), license area terminates automatically and areas smaller than a contiguous without Commission action, such areas area of at least 130 square kilometers will become available for reassignment (50 square miles) will not be deemed pursuant to the procedures in para- unserved. graph (j) of this section. In addition, (i) WCS licensees holding EA author- such a licensee that provides signal izations for Block A in the 698–704 MHz coverage and offers service at a level and 728–734 MHz bands, cellular market that is below this end-of-term bench- authorizations for Block B in the 704– mark may be subject to license termi- 710 MHz and 734–740 MHz bands, or EA nation. For purposes of compliance authorizations for Block E in the 722– with this requirement, licensees should

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determine population based on the tice, may specify a limited period be- most recently available U.S. Census fore the filing of short-form applica- Data. tions (FCC Form 175) during which ap- (3) For licenses under paragraph (i), plicants may enter into a settlement to the geographic service area to be made resolve their mutual exclusivity, sub- available for reassignment must in- ject to the provisions of § 1.935 of this clude a contiguous area of at least 130 chapter. square kilometers (50 square miles), (3) The licensee will have one year and areas smaller than a contiguous from the date the new license is issued area of at least 130 square kilometers to complete its construction and pro- (50 square miles) will not be deemed vide signal coverage and offer service unserved. over 100 percent of the geographic area (j) In the event that a licensee’s au- of the new license area. If the licensee thority to operate in a license area ter- fails to meet this construction require- minates automatically under para- ment, its license will automatically graphs (g), (h), or (i) of this section, terminate without Commission action such areas will become available for re- and it will not be eligible to apply to assignment pursuant to the following provide service to this area at any fu- procedures: ture date. (1) The Wireless Telecommunications (k) Licensees holding WCS or AWS Bureau is delegated authority to an- authorizations in the spectrum blocks nounce by public notice that these li- enumerated in paragraphs (g), (h), (i), cense areas will be made available and (q), (r), (s), (t), and (v) of this section, establish a 30-day window during which including any licensee that obtained third parties may file license applica- its license pursuant to the procedures tions to serve these areas. During this set forth in paragraph (j) of this sec- 30-day period, licensees that had their tion, shall demonstrate compliance authority to operate terminate auto- with performance requirements by fil- matically for unserved areas may not ing a construction notification with file applications to provide service to the Commission, within 15 days of the these areas. Applications filed by third expiration of the applicable bench- parties that propose areas overlapping mark, in accordance with the provi- with other applications will be deemed sions set forth in § 1.946(d) of this chap- mutually exclusive, and will be re- ter. The licensee must certify whether solved through an auction. The Wire- it has met the applicable performance less Telecommunications Bureau, by requirements. The licensee must file a public notice, may specify a limited pe- description and certification of the riod before the filing of short-form ap- areas for which it is providing service. plications (FCC Form 175) during which The construction notifications must applicants may enter into a settlement include electronic coverage maps, sup- to resolve their mutual exclusivity, porting technical documentation and subject to the provisions of § 1.935 of any other information as the Wireless this chapter. Telecommunications Bureau may pre- (2) Following this 30-day period, the scribe by public notice. original licensee and third parties can (l) WCS licensees holding authoriza- file license applications for remaining tions in the spectrum blocks enumer- unserved areas where licenses have not ated in paragraphs (g), (h), or (i) of this been issued or for which there are no section, excluding any licensee that ob- pending applications. If the original li- tained its license pursuant to the pro- censee or a third party files an applica- cedures set forth in subsection (j) of tion, that application will be placed on this section, shall file reports with the public notice for 30 days. If no mutu- Commission that provide the Commis- ally exclusive application is filed, the sion, at a minimum, with information application will be granted, provided concerning the status of their efforts that a grant is found to be in the public to meet the performance requirements interest. If a mutually exclusive appli- applicable to their authorizations in cation is filed, it will be resolved such spectrum blocks and the manner through an auction. The Wireless Tele- in which that spectrum is being uti- communications Bureau, by public no- lized. The information to be reported

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will include the date the license term bile services or fixed point-to- commenced, a description of the steps multipoint services; the licensee has taken toward meeting (iii) Providing service to ‘‘rural its construction obligations in a timely areas’’ (a county (or equivalent) with a manner, including the technology or population density of 100 persons per technologies and service(s) being pro- square mile or less, based upon the vided, and the areas within the license most recently available Census data) area in which those services are avail- and areas with limited access to tele- able. Each of these licensees shall file communications services: its first report with the Commission no (A) For mobile service, where cov- later than June 13, 2011 and no sooner erage is provided to at least 75% of the than 30 days prior to this date. Each li- geographic area of at least 30% of the censee that meets its interim bench- rural areas within its service area; or marks shall file a second report with (B) for fixed service, where the BRS the Commission no later than June 13, or EBS licensee has constructed at 2016 and no sooner than 30 days prior to least one end of a permanent link in at this date. Each licensee that does not least 30% of the rural areas within its meet its interim benchmark shall file licensed area. this second report no later than on (iv) Providing specialized or techno- June 13, 2015 and no sooner than 30 logically sophisticated service that days prior to this date. does not require a high level of cov- (m)–(n) [Reserved] erage to benefit consumers; or (o) With respect to initial BRS li- (v) Providing service to niche mar- censes issued on or after November 6, kets or areas outside the areas served 2009, the licensee must make a showing by other licensees. of substantial service within four years from the date of issue of the license. (2) An EBS license initially issued With respect to EBS licenses issued prior to October 25, 2019 has provided after October 25, 2019, the licensee must ‘‘substantial service’’ when: comply with paragraph (u) of this sec- (i) The EBS licensee is using its spection. ‘‘Substantial service’’ is defined trum (or spectrum to which the EBS li- as service which is sound, favorable, censee’s educational services are shift- and substantially above a level of me- ed) to provide educational services diocre service which just might mini- within the EBS licensee’s GSA; mally warrant renewal. Substantial (ii) the EBS licensee’s license is actu- service for BRS and EBS licensees is ally being used to serve the edu- satisfied if a licensee meets the re- cational mission of one or more accred- quirements of paragraph (o)(1), (2), or ited public or private schools, colleges (3) of this section. If a licensee has not or universities providing formal edu- met the requirements of paragraph cational and cultural development to (o)(1), (2), or (3) of this section, then enrolled students; or demonstration of substantial service (iii) The level of service provided by shall proceed on a case-by-case basis. the EBS licensee meets or exceeds the Except as provided in paragraphs (o)(4) minimum usage requirements specified and (5) of this section, all substantial in § 27.1214 contained in the edition of service determinations will be made on 47 CFR parts 20 through 39, revised as a license-by-license basis. Failure by of October 1, 2017. any licensee to demonstrate substan- (3) An EBS or BRS licensee may be tial service will result in forfeiture of deemed to provide substantial service the license and the licensee will be in- through a leasing arrangement if the eligible to regain it. lessee is providing substantial service (1) A BRS or EBS licensee has pro- under paragraph (o)(1) of this section. vided ‘‘substantial service’’ by: (4) If the GSA of a licensee is less (i) Constructing six permanent links than 1924 square miles in size, and per one million people for licensees there is an overlapping co-channel sta- providing fixed point-to-point services; tion licensed or leased by the licensee (ii) Providing coverage of at least 30 or its affiliate, substantial service may percent of the population of the li- be demonstrated by meeting the re- censed area for licensees providing mo- quirements of paragraph (o)(1) or (o)(2)

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of this section with respect to the com- the respective milestones, and then bined GSAs of both stations. rounding upwards to the next whole (5) If the GSA of a BTA authorization number. For a link to be counted to- holder, is less than one-half of the area wards these benchmarks, both of its within the BTA for every BRS channel, endpoints must be located in the li- substantial service may be dem- cense area. If only one endpoint of a onstrated for the licenses in question link is located in a license area, it can by meeting the requirements of para- be counted as a one- half link towards graph (o)(1) or (o)(2) of this section the benchmarks. with respect to the combined GSAs of (3) For point-to-point fixed systems the BTA authorization holder, together deployed on any spectrum block in the with any incumbent authorizations li- Gulf of Mexico license area, a licensee censed or leased by the licensee or its must construct and operate a min- affiliates. imum of 15 point-to-point links by (p) This section enumerates perform- March 13, 2017, and a minimum of 15 ance requirements for licensees holding point-to-point links by September 13, authorizations for Block A in the 2305– 2019. 2310 MHz and 2350–2355 MHz bands, (4) Under paragraph (p)(2) and (p)(3) Block B in the 2310–2315 MHz and 2355– of this section, each fixed link must 2360 MHz bands, Block C in the 2315– provide a minimum bit rate, in bits per 2320 MHz band, and Block D in the 2345– second, equal to or greater than the 2350 MHz band. bandwidth specified by the emission (1) For mobile and point-to- designator in Hertz (e.g., equipment multipoint systems in Blocks A and B, transmitting at a 5 Mb/s rate must not and point-to-multipoint systems in require a bandwidth of greater than 5 Blocks C and D, a licensee must pro- MHz). vide reliable signal coverage and offer (5) If an initial authorization for a li- service to at least 40 percent of the license area is granted after March 13, cense area’s population by March 13, 2013, then the applicable benchmarks in 2017, and to at least 75 percent of the li- paragraphs (p)(1), (2) and (3) of this sec- cense area’s population by September tion must be met within 48 and 78 13, 2019. If, when filing the construction months, respectively, of the initial au- notification required under § 1.946(d) of thorization grant date. this chapter, a WCS licensee dem- (6) Licensees must use the most re- onstrates that 25 percent or more of cently available U.S. Census Data at the license area’s population for Block the time of measurement to meet these A, B or D is within a coordination zone performance requirements. as defined by § 27.73(a) of the rules, the (7) Licensees must certify compliance foregoing population benchmarks are with the applicable performance re- reduced to 25 and 50 percent, respec- quirements by filing a construction no- tively. The percentage of a license tification with the Commission, within area’s population within a coordination 15 days of the expiration of the rel- zone equals the sum of the Census evant performance milestone, pursuant Block Centroid Populations within the to § 1.946(d) of this chapter. Each con- area, divided by the license area’s total struction notification must include population. electronic coverage maps, supporting (2) For point-to-point fixed systems, technical documentation, and any except those deployed in the Gulf of other information as the Wireless Tele- Mexico license area, a licensee must communications Bureau may prescribe construct and operate a minimum of 15 by public notice. Electronic coverage point-to-point links per million per- maps must accurately depict the sons (one link per 67,000 persons) in a boundaries of each license area (Re- license area by March 13, 2017, and 30 gional Economic Area Grouping, point-to-point links per million per- REAG, or Major Economic Area, MEA) sons (one link per 33,500 persons) in a in the licensee’s service territory. Fur- licensed area by September 13, 2019. ther, REAG maps must depict MEA The exact link requirement is cal- boundaries and MEA maps must depict culated by dividing a license area’s Economic Area boundaries. If a li- total population by 67,000 and 33,500 for censee does not provide reliable signal

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coverage to an entire license area, its Buildout Requirement in any of its li- map must accurately depict the bound- cense areas in the 2000–2020 MHz and aries of the area or areas within each 2180–2200 MHz bands, its authorization license area not being served. Each li- for each license area in which it fails to censee also must file supporting docu- meet the requirement shall terminate mentation certifying the type of serv- automatically without Commission ac- ice it is providing for each REAG or tion. To the extent that the AWS–4 li- MEA within its service territory and censee also holds the 2 GHz MSS rights the type of technology used to provide for the affected license area, failure to such service. Supporting documenta- meet the AWS–4 Final Buildout Re- tion must include the assumptions quirement in an EA shall also result in used to create the coverage maps, in- the MSS protection rule in § 27.1136 no cluding the propagation model and the longer applying in that license area. signal strength necessary to provide reliable service with the licensee’s tech- (5) To demonstrate compliance with nology. these performance requirements, li- (8) If a licensee fails to meet any ap- censees shall use the most recently plicable performance requirement, its available U.S. Census Data at the time authorization will terminate automati- of measurement and shall base their cally without further Commission ac- measurements of population served on tion as of the applicable performance areas no larger than the Census Tract milestone and the licensee will be in- level. The population within a specific eligible to regain it. Census Tract (or other acceptable iden- (q) The following provisions apply to tifier) will only be deemed served by any licensee holding an AWS author- the licensee if it provides signal cov- ization in the 2000–2020 MHz and 2180– erage to and offers service within the 2200 MHz bands (an ‘‘AWS–4 licensee’’): specific Census Tract (or other accept- (1) An AWS–4 licensee shall provide able identifier). To the extent the Cen- terrestrial signal coverage and offer sus Tract (or other acceptable identi- terrestrial service within four (4) years fier) extends beyond the boundaries of from the date of the license to at least a license area, a licensee with author- forty (40) percent of the total popu- izations for such areas may only in- lation in the aggregate service areas clude the population within the Census that it has licensed in the 2000–2020 Tract (or other acceptable identifier) MHz and 2180–2200 MHz bands (‘‘AWS–4 towards meeting the performance re- Interim Buildout Requirement’’). For quirement of a single, individual li- purposes of this subpart, a licensee’s total population shall be calculated by cense. summing the population of each li- (6) Failure by any AWS–4 licensee to cense area that a licensee holds in the meet the AWS–4 Final Buildout Re- 2000–2020 MHz and 2180–2200 MHz bands; quirement in paragraph (q)(4) of this and section will result in forfeiture of the (2) An AWS–4 licensee shall provide license and the licensee will be ineli- terrestrial signal coverage and offer gible to regain it. terrestrial service within seven (7) (r) The following provisions apply to years from the date of the license to at any licensee holding an AWS author- least seventy (70) percent of the popu- ization in the 1915–1920 MHz and 1995– lation in each of its license areas in the 2000 MHz bands: 2000–2020 MHz and 2180–2200 MHz bands (1) A licensee shall provide signal (‘‘AWS–4 Final Buildout Require- coverage and offer service within four ment’’). (4) years from the date of the initial li- (3) If any AWS–4 licensee fails to es- cense to at least forty (40) percent of tablish that it meets the AWS–4 In- the population in each of its licensed terim Buildout Requirement, the AWS– areas (‘‘Interim Buildout Require- 4 Final Buildout requirement shall be ment’’). accelerated by one year from (seven to six years). (2) A licensee shall provide signal (4) If any AWS–4 licensee fails to es- coverage and offer service within ten tablish that it meets the AWS–4 Final (10) years from the date of the initial

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license to at least seventy-five (75) per- (2) A licensee shall provide reliable cent of the population in each of its li- signal coverage and offer service with- censed areas (‘‘Final Buildout Require- in twelve (12) years from the date of ment’’). the initial license to at least seventy- (3) If a licensee fails to establish that five (75) percent of the population in it meets the Interim Buildout Require- each of its licensed areas (‘‘Final ment for a particular licensed area, Buildout Requirement’’). then the Final Buildout Requirement (3) If a licensee fails to establish that (in this paragraph (r)) and the license it meets the Interim Buildout Require- term (as set forth in § 27.13(j)) for each ment for a particular licensed area, license area in which it fails to meet then the Final Buildout Requirement the Interim Buildout Requirement (in this paragraph (s)) and the AWS li- shall be accelerated by two years (from cense term (as set forth in § 27.13(k)) for ten to eight years). each license area in which it fails to (4) If a licensee fails to establish that meet the Interim Buildout Require- it meets the Final Buildout Require- ment shall be accelerated by two (2) ment for a particular licensed area, its years (from twelve (12) to ten (10) authorization for each license area in years). which it fails to meet the Final Build- (4) If a licensee fails to establish that out Requirement shall terminate auto- it meets the Final Buildout Require- matically without Commission action ment for a particular licensed area, its and the licensee will be ineligible to re- authorization for each license area in gain it if the Commission makes the li- which it fails to meet the Final Build- cense available at a later date. out Requirement shall terminate auto- (5) To demonstrate compliance with matically without Commission action these performance requirements, li- and the licensee will be ineligible to re- censees shall use the most recently gain it if the Commission makes the li- available U.S. Census Data at the time cense available at a later date. of measurement and shall base their (5) To demonstrate compliance with measurements of population served on these performance requirements, li- areas no larger than the Census Tract censees shall use the most recently level. The population within a specific available U.S. Census Data at the time Census Tract (or other acceptable iden- of measurement and shall base their tifier) will only be deemed served by measurements of population served on the licensee if it provides signal cov- areas no larger than the Census Tract erage to and offers service within the level. The population within a specific specific Census Tract (or other accept- Census Tract (or other acceptable iden- able identifier). To the extent the Cen- tifier) will be deemed served by the li- sus Tract (or other acceptable identi- censee only if it provides signal cov- fier) extends beyond the boundaries of erage to and offers service within the a license area, a licensee with author- specific Census Tract (or other accept- izations for such areas may only in- able identifier). To the extent the Cen- clude the population within the Census sus Tract (or other acceptable identi- Tract (or other acceptable identifier) fier) extends beyond the boundaries of towards meeting the performance re- a license area, a licensee with author- quirement of a single, individual li- izations for such areas may include cense. only the population within the Census (s) The following provisions apply to Tract (or other acceptable identifier) any licensee holding an AWS author- towards meeting the performance re- ization in the 1695–1710 MHz, 1755–1780 quirement of a single, individual li- MHz, and 2155–2180 MHz bands: cense. For the Gulf of Mexico license (1) A licensee shall provide reliable area, the licensee shall demonstrate signal coverage and offer service with- compliance with these performance rein six (6) years from the date of the ini- quirements, using off-shore platforms, tial license to at least forty (40) per- including production, manifold, com- cent of the population in each of its li- pression, pumping and valving plat- censed areas (‘‘Interim Buildout Re- forms as a proxy for population in the quirement’’). Gulf of Mexico.

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(t) The following provisions apply to gle, individual license. For the Gulf of any licensee holding an authorization Mexico license area, the licensee shall in the 600 MHz band: demonstrate compliance with these (1) A licensee shall provide reliable performance requirements, using off- signal coverage and offer service with- shore platforms, including production, in six (6) years from the date of the ini- manifold, compression, pumping and tial license to at least forty (40) per- valving platforms as a proxy for popu- cent of the population in each of its li- lation in the Gulf of Mexico. cense areas (‘‘Interim Buildout Re- (u) This section enumerates perform- quirement’’). ance requirements for EBS licenses ini- (2) A licensee shall provide reliable tially issued after October 25, 2019. Li- signal coverage and offer service with- censees shall demonstrate compliance in twelve (12) years from the date of with performance requirements by fil- the initial license to at least seventy- ing a construction notification with five (75) percent of the population in the Commission, within 15 days of the each of its license areas (‘‘Final Build- expiration of the applicable bench- out Requirement’’). mark, in accordance with the provi- (3) If a licensee fails to establish that sions set forth in § 1.946(d) of this chap- it meets the Interim Buildout Require- ter. ment for a particular licensed area, (1) All EBS licenses initially issued then the Final Buildout Requirement after October 25, 2019, must dem- (in this paragraph (t)) and the license onstrate compliance with the perform- term (as set forth in § 27.13(l)) for each ance requirements described in this license area in which it fails to meet paragraph (u). All equipment used to the Interim Buildout Requirement demonstrate compliance must be in use shall be accelerated by two (2) years and actually providing service, either (from twelve (12) to ten (10) years). for internal use or to unaffiliated cus- (4) If a licensee fails to establish that tomers, as of the interim deadline or it meets the Final Buildout Require- final deadline, whichever is applicable. ment for a particular license area, its authorization for each license area in (2) Except for licensees with licenses which it fails to meet the Final Build- applied for in the Tribal Priority Win- out Requirement shall terminate auto- dow, licensees providing mobile or matically without Commission action, point-to-multipoint service must dem- and the licensee will be ineligible to re- onstrate reliable signal coverage of 50% gain it if the Commission makes the li- of the population of the geographic cense available at a later date. service area within four years of initial (5) To demonstrate compliance with license grant, and 80% of the popu- these performance requirements, li- lation of the geographic service area censees shall use the most recently within eight years of initial license available decennial U.S. Census Data grant. at the time of measurement and shall (3) Except for licensees with licenses base their measurements of population applied for in the Tribal Priority Win- served on areas no larger than the Cen- dow, licensees providing fixed point-to- sus Tract level. The population within point service must demonstrate oper- a specific Census Tract (or other ac- ation of one link for each 50,000 persons ceptable identifier) will be deemed in the geographic service area within served by the licensee only if it pro- four years of initial license grant, and vides reliable signal coverage to and of- one link for each 25,000 persons in the fers service within the specific Census geographic service area within eight Tract (or other acceptable identifier). years of initial license grant. To the extent the Census Tract (or (4) Licensees with licenses applied for other acceptable identifier) extends be- in the Tribal Priority Window must yond the boundaries of a license area, a make an interim showing under para- licensee with authorizations for such graph (u)(2) or (3) of this section within areas may include only the population two years of initial license grant. Li- within the Census Tract (or other ac- censees with licenses applied for in the ceptable identifier) towards meeting Tribal Priority Window must make a the performance requirement of a sin- final showing under paragraph (u)(2) or

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(3) of this section within five years of 268,000 and, if the population within the initial license grant. license area is greater than 268,000, (5) If an EBS licensee (other than the shall demonstrate they are providing licensee of a license issued pursuant to service and have at least two links in the Tribal Priority Window) fails to operation per every 67,000 persons with- meet interim performance require- in a license area (‘‘Second Buildout Re- ments described in paragraph (u)(2) or quirement’’). (3) of this section, the deadline for that (2) In the alternative, a licensee of- authorization to meet its final per- fering Internet of Things-type services formance requirement will be advanced shall provide geographic area coverage by two years. If an EBS licensee of a li- within eight (8) years from the date of cense issued pursuant to the Tribal the initial license to thirty-five (35) Priority Window fails to meet interim percent of the license (‘‘First Buildout performance requirements described in Requirement’’). A licensee offering paragraph (u)(2) or (3) of this section, Internet of Things-type services shall the deadline for that authorization to provide geographic area coverage with- meet its final performance requirement in twelve (12) years from the date of will be advanced by one year. If an EBS the initial license to sixty-five (65) per- licensee fails to meet its final perform- cent of the license (‘‘Second Buildout ance requirement, its license shall Requirement’’). automatically terminate without spe- (3) If a licensee fails to establish that cific Commission action. it meets the First Buildout Require- (v) The following provisions apply to ment for a particular license area, the any licensee holding an authorization licensee’s Second Buildout Require- in the 3700–3980 MHz band: ment deadline and license term will be (1) Licensees relying on mobile or reduced by two years. If a licensee fails point-to-multipoint service shall pro- to establish that it meets the Second vide reliable signal coverage and offer Buildout Requirement for a particular service within eight (8) years from the license area, its authorization for each date of the initial license to at least license area in which it fails to meet forty-five (45) percent of the population the Second Buildout Requirement shall in each of its license areas (‘‘First terminate automatically without Com- Buildout Requirement’’). Licensee mission action, and the licensee will be shall provide reliable signal coverage ineligible to regain it if the Commis- and offer service within twelve (12) sion makes the license available at a years from the date of the initial li- later date. cense to at least eighty (80) percent of (4) To demonstrate compliance with the population in each of its license these performance requirements, li- areas (‘‘Second Buildout Require- censees shall use the most recently ment’’). Licensees relying on point-to- available decennial U.S. Census Data point service shall demonstrate within at the time of measurement and shall eight years of the license issue date base their measurements of population that they have four links operating and or geographic area served on areas no providing service to customers or for larger than the Census Tract level. The internal use if the population within population or area within a specific the license area is equal to or less than Census Tract (or other acceptable iden- 268,000 and, if the population is greater tifier) will be deemed served by the li- than 268,000, that they have at least censee only if it provides reliable sig- one link in operation and providing nal coverage to and offers service with- service to customers, or for internal in the specific Census Tract (or other use, per every 67,000 persons within a acceptable identifier). To the extent license area (‘‘First Buildout Require- the Census Tract (or other acceptable ment’’). Licensees relying on point-to- identifier) extends beyond the bound- point service shall demonstrate within aries of a license area, a licensee with 12 years of the license issue date that authorizations for such areas may in- they have eight links operating and clude only the population or geo- providing service to customers or for graphic area within the Census Tract internal use if the population within (or other acceptable identifier) towards the license area is equal to or less than meeting the performance requirement

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of a single, individual license. If a li- tems must be designed so as not to ex- censee does not provide reliable signal ceed the signal level specified for the coverage to an entire license area, the particular spectrum block in § 27.55 at license must provide a map that accu- the licensee’s service area boundary, rately depicts the boundaries of the unless the affected adjacent service area or areas within each license area area licensees have agreed to a dif- not being served. Each licensee also ferent signal level. must file supporting documentation (c) License term. The license term for certifying the type of service it is pro- a partitioned license area and for viding for each licensed area within its disaggregated spectrum shall be the re- service territory and the type of tech- mainder of the original licensee’s li- nology used to provide such service. cense term as provided for in § 27.13. Supporting documentation must include the assumptions used to create [62 FR 9658, Mar. 3, 1997, as amended at 63 FR the coverage maps, including the prop- 68954, Dec. 14, 1998; 65 FR 3146, Jan. 20, 2000; 65 FR 57268, Sept. 21, 2000; 67 FR 45373, July agation model and the signal strength 9, 2002; 69 FR 5715, Feb. 6, 2004; 72 FR 48848, necessary to provide reliable service Aug. 24, 2007; 78 FR 8268, Feb. 5, 2013; 78 FR with the licensee’s technology. 50255, Aug. 16, 2013; 79 FR 596, Jan. 6, 2014; 79 FR 32412, June 4, 2014; 79 FR 48537, Aug. 15, [62 FR 9658, Mar. 3, 1997] 2014; 82 FR 41548, Sept. 1, 2017] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 27.14, see the List of CFR § 27.16 Network access requirements Sections Affected, which appears in the for Block C in the 746–757 and 776– Finding Aids section of the printed volume 787 MHz bands. and at www.govinfo.gov. (a) Applicability. This section shall § 27.15 Geographic partitioning and apply only to the authorizations for spectrum disaggregation. Block C in the 746–757 and 776–787 MHz (a) Eligibility. (1) Parties seeking ap- bands assigned and only if the results proval for partitioning and of the first auction in which licenses disaggregation shall request from the for such authorizations are offered sat- Commission an authorization for par- isfied the applicable reserve price. tial assignment of a license pursuant (b) Use of devices and applications. Li- to § 1.948. censees offering service on spectrum (2) AWS and WCS licensees may subject to this section shall not deny, apply to partition their licensed geo- limit, or restrict the ability of their graphic service area or disaggregate customers to use the devices and appli- their licensed spectrum at any time cations of their choice on the licensee’s following the grant of their licenses. C Block network, except: (b) Technical Standards—(1) Parti- (1) Insofar as such use would not be tioning. In the case of partitioning, ap- compliant with published technical plicants and licensees must file FCC standards reasonably necessary for the Form 603 pursuant to section 1.948 and management or protection of the li- list the partitioned service area on a censee’s network, or schedule to the application. The geo- (2) As required to comply with stat- graphic coordinates must be specified ute or applicable government regula- in degrees, minutes, and seconds to the tion. nearest second of latitude and lon- (c) Technical standards. For purposes gitude and must be based upon the 1983 of paragraph (b)(1) of this section: North American Datum (NAD83). (1) Standards shall include technical (2) Disaggregation. Spectrum may be requirements reasonably necessary for disaggregated in any amount. third parties to access a licensee’s net- (3) Combined partitioning and work via devices or applications with- disaggregation. The Commission will out causing objectionable interference consider requests for partial assign- to other spectrum users or jeopardizing ment of licenses that propose combina- network security. The potential for ex- tions of partitioning and cessive bandwidth demand alone shall disaggregation. not constitute grounds for denying, (4) Signal levels. For purposes of parti- limiting or restricting access to the tioning and disaggregation, part 27 sys- network.

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(2) To the extent a licensee relies on ards and reasonably applied those standards established by an inde- standards in the complainant’s case. pendent standards-setting body which Where the licensee bases its network is open to participation by representa- restrictions on industry-wide con- tives of service providers, equipment sensus standards, such restrictions manufacturers, application developers, would be presumed reasonable. consumer organizations, and other in- [72 FR 48849, Aug. 24, 2007] terested parties, the standards will carry a presumption of reasonableness. (3) A licensee shall publish its tech- Subpart C—Technical Standards nical standards, which shall be non- proprietary, no later than the time at § 27.50 Power limits and duty cycle. which it makes such standards avail- (a) The following power limits and re- able to any preferred vendors, so that lated requirements apply to stations the standards are readily available to transmitting in the 2305–2320 MHz band customers, equipment manufacturers, or the 2345–2360 MHz band. application developers, and other par- (1) Base and fixed stations. (i) For base ties interested in using or developing and fixed stations transmitting in the products for use on a licensee’s net- 2305–2315 MHz band or the 2350–2360 works. MHz band: (d) Access requests. (1) Licensees shall (A) The average equivalent establish and publish clear and reason- isotropically radiated power (EIRP) able procedures for parties to seek ap- must not exceed 2,000 watts within any proval to use devices or applications on 5 megahertz of authorized bandwidth the licensees’ networks. A licensee and must not exceed 400 watts within must also provide to potential cus- any 1 megahertz of authorized band- tomers notice of the customers’ rights width. to request the attachment of a device (B) The peak-to-average power ratio or application to the licensee’s net- (PAPR) of the transmitter output work, and notice of the licensee’s proc- power must not exceed 13 dB. The ess for customers to make such re- PAPR measurements should be made quests, including the relevant network using either an instrument with com- criteria. plementary cumulative distribution (2) If a licensee determines that a re- function (CCDF) capabilities to deter- quest for access would violate its tech- mine that PAPR will not exceed 13 dB nical standards or regulatory require- for more than 0.1 percent of the time or ments, the licensee shall expeditiously other Commission approved procedure. provide a written response to the re- The measurement must be performed quester specifying the basis for denying using a signal corresponding to the access and providing an opportunity highest PAPR expected during periods for the requester to modify its request of continuous transmission. to satisfy the licensee’s concerns. (ii) For base and fixed stations trans- (e) Handset locking prohibited. No li- mitting in the 2315–2320 MHz band or censee may disable features on the 2345–2350 MHz band, the peak EIRP handsets it provides to customers, to must not exceed 2,000 watts. the extent such features are compliant (2) Fixed customer premises equipment with the licensee’s standards pursuant stations. For fixed customer premises to paragraph (b)of this section, nor equipment (CPE) stations transmitting configure handsets it provides to pro- in the 2305–2320 MHz band or in the hibit use of such handsets on other pro- 2345–2360 MHz band, the peak EIRP viders’ networks. must not exceed 20 watts within any 5 (f) Burden of proof. Once a complain- megahertz of authorized bandwidth. ant sets forth a prima facie case that Fixed CPE stations transmitting in the the C Block licensee has refused to at- 2305–2320 MHz band or in the 2345–2360 tach a device or application in viola- MHz band must employ automatic tion of the requirements adopted in transmit power control when operating this section, the licensee shall have the so the stations operate with the min- burden of proof to demonstrate that it imum power necessary for successful has adopted reasonable network stand- communications. The use of outdoor

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antennas for CPE stations or outdoor vehicle-mounted antennas for mobile CPE station installations operating and portable stations transmitting in with 2 watts per 5 megahertz or less av- the 2305–2315 MHz band or the 2350–2360 erage EIRP using the stepped emis- MHz band is prohibited. sions mask prescribed in § 27.53(a)(3) is (b) The following power and antenna prohibited except if professionally in- height limits apply to transmitters op- stalled in locations removed by 20 me- erating in the 746–758 MHz, 775–788 MHz ters from roadways or in locations and 805–806 MHz bands: where it can be shown that the ground (1) Fixed and base stations transmit- power level of ¥44 dBm in the A or B ting a signal in the 757–758 and 775–776 blocks or ¥55 dBm in the C or D blocks MHz bands must not exceed an effec- will not be exceeded at the nearest tive radiated power (ERP) of 1000 watts road location. The use of outdoor an- and an antenna height of 305 m height tennas for fixed CPE stations operating above average terrain (HAAT), except with 2 watts per 5 megahertz or less av- that antenna heights greater than 305 erage EIRP and the emissions mask m HAAT are permitted if power levels prescribed in § 27.53(a)(1)(i) through (iii) are reduced below 1000 watts ERP in is permitted in all locations. For fixed accordance with Table 1 of this section. WCS CPE using TDD technology, the (2) Fixed and base stations transmit- duty cycle must not exceed 38 percent; ting a signal in the 746–757 MHz and (3) Mobile and portable stations. (i) For 776–787 MHz bands with an emission mobile and portable stations transmit- bandwidth of 1 MHz or less must not ting in the 2305–2315 MHz band or the exceed an ERP of 1000 watts and an an- 2350–2360 MHz band, the average EIRP tenna height of 305 m HAAT, except must not exceed 50 milliwatts within that antenna heights greater than 305 any 1 megahertz of authorized band- m HAAT are permitted if power levels width, except that for mobile and port- are reduced below 1000 watts ERP in able stations compliant with 3GPP accordance with Table 1 of this section. LTE standards or another advanced (3) Fixed and base stations located in mobile broadband protocol that avoids a county with population density of 100 concentrating energy at the edge of the or fewer persons per square mile, based operating band the average EIRP must upon the most recently available popu- not exceed 250 milliwatts within any 5 lation statistics from the Bureau of the megahertz of authorized bandwidth but Census, and transmitting a signal in may exceed 50 milliwatts within any 1 the 746–757 MHz and 776–787 MHz bands megahertz of authorized bandwidth. with an emission bandwidth of 1 MHz For mobile and portable stations using or less must not exceed an ERP of 2000 time division duplexing (TDD) tech- watts and an antenna height of 305 m nology, the duty cycle must not exceed HAAT, except that antenna heights 38 percent in the 2305–2315 MHz and greater than 305 m HAAT are per- 2350–2360 MHz bands. Mobile and port- mitted if power levels are reduced able stations using FDD technology are below 2000 watts ERP in accordance restricted to transmitting in the 2305– with Table 2 of this section. 2315 MHz band. Power averaging shall (4) Fixed and base stations transmit- not include intervals in which the ting a signal in the 746–757 MHz and transmitter is off. 776–787 MHz bands with an emission (ii) Mobile and portable stations are bandwidth greater than 1 MHz must not permitted to transmit in the 2315– not exceed an ERP of 1000 watts/MHz 2320 MHz and 2345–2350 MHz bands. and an antenna height of 305 m HAAT, (iii) Automatic transmit power control. except that antenna heights greater Mobile and portable stations transmit- than 305 m HAAT are permitted if ting in the 2305–2315 MHz band or in the power levels are reduced below 1000 2350–2360 MHz band must employ auto- watts/MHz ERP in accordance with matic transmit power control when op- Table 3 of this section. erating so the stations operate with (5) Fixed and base stations located in the minimum power necessary for suc- a county with population density of 100 cessful communications. or fewer persons per square mile, based (iv) Prohibition on external vehicle- upon the most recently available popu- mounted antennas. The use of external lation statistics from the Bureau of the

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Census, and transmitting a signal in ground, and vertical antenna pattern, the 746–757 MHz and 776–787 MHz bands and such notifications must be pro- with an emission bandwidth greater vided at least 90 days prior to the com- than 1 MHz must not exceed an ERP of mencement of station operation. 2000 watts/MHz and an antenna height (9) Control stations and mobile sta- of 305 m HAAT, except that antenna tions transmitting in the 746–757 MHz, heights greater than 305 m HAAT are 776–788 MHz, and 805–806 MHz bands and permitted if power levels are reduced fixed stations transmitting in the 787– below 2000 watts/MHz ERP in accord- 788 MHz and 805–806 MHz bands are lim- ance with Table 4 of this section. ited to 30 watts ERP. (6) Licensees of fixed or base stations (10) Portable stations (hand-held de- transmitting a signal in the 746–757 vices) transmitting in the 746–757 MHz, MHz and 776–787 MHz bands at an ERP 776–788 MHz, and 805–806 MHz bands are greater than 1000 watts must comply limited to 3 watts ERP. with the provisions set forth in para- (11) For transmissions in the 757–758, graph (b)(8) of this section and 775–776, 787–788, and 805–806 MHz bands, § 27.55(c). maximum composite transmit power (7) Licensees seeking to operate a shall be measured over any interval of fixed or base station located in a coun- continuous transmission using instru- ty with population density of 100 or mentation calibrated in terms of RMS- fewer persons per square mile, based equivalent voltage. The measurement upon the most recently available popu- results shall be properly adjusted for lation statistics from the Bureau of the any instrument limitations, such as de- Census, and transmitting a signal in tector response times, limited resolu- the 746–757 MHz and 776–787 MHz bands tion bandwidth capability when com- at an ERP greater than 1000 watts pared to the emission bandwidth, etc., must: so as to obtain a true maximum com- (i) Coordinate in advance with all li- posite measurement for the emission in censees authorized to operate in the question over the full bandwidth of the 698–758 MHz, 775–788, and 805–806 MHz bands within 120 kilometers (75 miles) channel. of the base or fixed station; (12) For transmissions in the 746–757 (ii) coordinate in advance with all re- and 776–787 MHz bands, licensees may gional planning committees, as identi- employ equipment operating in compli- fied in § 90.527 of this chapter, with ju- ance with either the measurement risdiction within 120 kilometers (75 techniques described in paragraph miles) of the base or fixed station. (b)(11) of this section or a Commission- (8) Licensees authorized to transmit approved average power technique. In in the 746–757 MHz and 776–787 MHz both instances, equipment employed bands and intending to operate a base must be authorized in accordance with or fixed station at a power level per- the provisions of § 27.51. mitted under the provisions of para- (c) The following power and antenna graph (b)(6) of this section must pro- height requirements apply to stations vide advanced notice of such operation transmitting in the 600 MHz band and to the Commission and to licensees au- the 698–746 MHz band: thorized in their area of operation. Li- (1) Fixed and base stations transmit- censees who must be notified are all li- ting a signal with an emission band- censees authorized to operate in the width of 1 MHz or less must not exceed 758–775 MHz and 788–805 MHz bands an effective radiated power (ERP) of under part 90 of this chapter within 75 1000 watts and an antenna height of 305 km of the base or fixed station and all m height above average terrain regional planning committees, as iden- (HAAT), except that antenna heights tified in § 90.527 of this chapter, with ju- greater than 305 m HAAT are per- risdiction within 75 km of the base or mitted if power levels are reduced fixed station. Notifications must pro- below 1000 watts ERP in accordance vide the location and operating param- with Table 1 of this section; eters of the base or fixed station, in- (2) Fixed and base stations located in cluding the station’s ERP, antenna co- a county with population density of 100 ordinates, antenna height above or fewer persons per square mile, based

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upon the most recently available popu- visions of paragraph (c)(8) of this sec- lation statistics from the Bureau of the tion and § 27.55(b), except that licensees Census, and transmitting a signal with of fixed or base stations located in a an emission bandwidth of 1 MHz or less county with population density of 100 must not exceed an ERP of 2000 watts or fewer persons per square mile, based and an antenna height of 305 m HAAT, upon the most recently available popu- except that antenna heights greater lation statistics from the Bureau of the than 305 m HAAT are permitted if Census, must comply with the provi- power levels are reduced below 2000 sions of paragraph (c)(8) of this section watts ERP in accordance with Table 2 and § 27.55(b) only if transmitting a sig- of this section; nal at an ERP greater than 2000 watts (3) Fixed and base stations transmit- and greater than 2000 watts/MHz; ting a signal with an emission band- (7) A licensee authorized to operate width greater than 1 MHz must not ex- in the 710–716 or 740–746 MHz bands may ceed an ERP of 1000 watts/MHz and an operate a fixed or base station at an antenna height of 305 m HAAT, except ERP up to a total of 50 kW within its that antenna heights greater than 305 authorized, 6 megahertz spectrum m HAAT are permitted if power levels block if the licensee complies with the are reduced below 1000 watts/MHz ERP provisions of § 27.55(b). The antenna in accordance with Table 3 of this sec- height for such stations is limited only tion; to the extent required to satisfy the re- (4) Fixed and base stations located in quirements of § 27.55(b). a county with population density of 100 (8) Licensees intending to operate a or fewer persons per square mile, based base or fixed station at a power level upon the most recently available popu- permitted under the provisions of para- lation statistics from the Bureau of the graph (c)(6) of this section must pro- Census, and transmitting a signal with vide advanced notice of such operation an emission bandwidth greater than 1 to the Commission and to licensees au- MHz must not exceed an ERP of 2000 thorized in their area of operation. Li- watts/MHz and an antenna height of 305 censees who must be notified are all li- m HAAT, except that antenna heights censees authorized under this part to greater than 305 m HAAT are per- operate on an adjacent spectrum block mitted if power levels are reduced within 75 km of the base or fixed sta- below 2000 watts/MHz ERP in accord- tion. Notifications must provide the lo- ance with Table 4 of this section; cation and operating parameters of the (5) Licensees, except for licensees op- base or fixed station, including the sta- erating in the 600 MHz downlink band, tion’s ERP, antenna coordinates, an- seeking to operate a fixed or base sta- tenna height above ground, and tion located in a county with popu- vertical antenna pattern, and such no- lation density of 100 or fewer persons tifications must be provided at least 90 per square mile, based upon the most days prior to the commencement of recently available population statistics station operation. from the Bureau of the Census, and (9) Control and mobile stations in the transmitting a signal at an ERP great- 698–746 MHz band are limited to 30 er than 1000 watts must: watts ERP. (i) Coordinate in advance with all li- (10) Portable stations (hand-held de- censees authorized to operate in the vices) in the 600 MHz uplink band and 698–758 MHz, 775–788, and 805–806 MHz the 698–746 MHz band, and fixed and bands within 120 kilometers (75 miles) mobile stations in the 600 MHz uplink of the base or fixed station; band are limited to 3 watts ERP. (ii) coordinate in advance with all re- (11) Licensees may employ equipment gional planning committees, as identi- operating in compliance with either fied in § 90.527 of this chapter, with ju- the measurement techniques described risdiction within 120 kilometers (75 in paragraph (b)(11) of this section or a miles) of the base or fixed station. Commission-approved average power (6) Licensees of fixed or base stations technique. In both instances, equip- transmitting a signal at an ERP great- ment employed must be authorized in er than 1000 watts and greater than 1000 accordance with the provisions of watts/MHz must comply with the pro- § 27.51.

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(12) A licensee authorized to operate (ii) The 716–722 or 722–728 MHz bands in the 716–722 or 722–728 MHz bands may licensee must permit licensees oper- operate a fixed or base station at an ating in the 698–716 and 728–746 MHz ERP up to a total of 50 kW within its bands to collocate on the towers it authorized, 6 megahertz spectrum owns at prevailing market rates; and block if the licensee complies with the (iii) If a 698–716 and 728–746 MHz bands provisions of § 27.55(b), obtains written licensee deploys a network before a li- concurrences from all affected licens- censee in the 716–722 or 722–728 MHz ees in the 698–746 MHz bands within 120 bands deploys a network in the same km of the proposed high power site, geographic market, the 716–722 or 722– and files a copy of each written concur- 728 MHz bands licensee will work with rences with the Wireless Telecommuni- licensees in the 698–716 and 728–746 MHz cations Bureau on FCC Form 601. The bands to identify sites that will need antenna height for such stations is lim- additional filtering and will purchase ited only to the extent required to sat- and pay for installation of required fil- isfy the requirements of § 27.55(b). ters on such sites. (13) Licensees authorized to operate (d) The following power and antenna in the 716–722 or 722–728 MHz bands height requirements apply to stations must coordinate with licensees with transmitting in the 1695–1710 MHz, 1710– uplink operations in the 698–716 MHz 1755 MHz, 1755–1780 MHz, 1915–1920 MHz, band to mitigate the potential for 1995–2000 MHz, 2000–2020 MHz, 2110–2155 harmful interference. Licensees au- MHz, 2155–2180 MHz and 2180–2200 MHz thorized to operate in the 716–722 or bands: 722–728 MHz bands must mitigate harm- (1) The power of each fixed or base ful interference to licensees’ uplink op- station transmitting in the 1995–2000 erations in the 698–716 MHz band within MHz, 2110–2155 MHz, 2155–2180 MHz or 30 days after receiving written notice 2180–2200 MHz band and located in any from the affected licensees. A licensee county with population density of 100 authorized to operate in the 716–722 or or fewer persons per square mile, based 722–728 MHz bands must ensure that upon the most recently available popu- 716–728 MHz band transmissions are fil- lation statistics from the Bureau of the tered at least to the extent that the Census, is limited to: 716–728 MHz band transmissions are fil- (i) An equivalent isotropically radi- tered in markets where the 716–728 MHz ated power (EIRP) of 3280 watts when band licensee holds any license in the transmitting with an emission band- 698–716 band, as applicable. For pur- width of 1 MHz or less; poses of coordination and mitigations (ii) An EIRP of 3280 watts/MHz when measures in paragraphs (i) and (iii) transmitting with an emission band- below, network will be deemed ‘‘de- width greater than 1 MHz. ployed’’ as of the date upon which the (2) The power of each fixed or base network is able to support a commer- station transmitting in the 1995–2000 cial mobile or data service. The coordi- MHz, the 2110–2155 MHz 2155–2180 MHz nation and mitigation measures should band, or 2180–2200 MHz band and situ- include, but are not limited to, the fol- ated in any geographic location other lowing: than that described in paragraph (d)(1) (i) If a licensee operating in the 698– of this section is limited to: 716 and 728–746 MHz band deploys a net- (i) An equivalent isotropically radi- work after the 716–722 or 722–728 MHz ated power (EIRP) of 1640 watts when bands licensee deploys a network on its transmitting with an emission band- 716–722 or 722–728 MHz spectrum in the width of 1 MHz or less; same geographic market, the 716–722 or (ii) An EIRP of 1640 watts/MHz when 722–728 MHz bands licensee will work transmitting with an emission band- with the licensee with uplink oper- width greater than 1 MHz. ations in the 698–716 MHz band to iden- (3) A licensee operating a base or tify sites that will require additional fixed station in the 2110–2155 MHz band filtering, and will help the licensee op- utilizing a power greater than 1640 erating in the 698–716 and 728–746 MHz watts EIRP and greater than 1640 bands to identify proper filters; watts/MHz EIRP must coordinate such

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operations in advance with all Govern- (7) Fixed, mobile, and portable (hand- ment and non-Government satellite en- held) stations operating in the 2000–2020 tities in the 2025–2110 MHz band. A li- MHz band are limited to 2 watts EIRP, censee operating a base or fixed station except that the total power of any por- in the 2110–2180 MHz band utilizing tion of an emission that falls within power greater than 1640 watts EIRP the 2000–2005 MHz band may not exceed and greater than 1640 watts/MHz EIRP 5 milliwatts. A licensee of AWS–4 au- must be coordinated in advance with thority may enter into private oper- the following licensees authorized to ator-to-operator agreements with all operate within 120 kilometers (75 1995–2000 MHz licensees to operate in miles) of the base or fixed station oper- 2000–2005 MHz at power levels above 5 ating in this band: All Broadband milliwatts EIRP; except the total Radio Service (BRS) licensees author- power of the AWS–4 mobile emissions ized under this part in the 2155–2160 may not exceed 2 watts EIRP. MHz band and all advanced wireless (8) A licensee operating a base or services (AWS) licensees authorized to fixed station in the 2180–2200 MHz band operate on adjacent frequency blocks utilizing a power greater than 1640 in the 2110–2180 MHz band. watts EIRP and greater than 1640 (4) Fixed, mobile, and portable (hand- watts/MHz EIRP must be coordinated held) stations operating in the 1710–1755 in advance with all AWS licensees au- MHz band and mobile and portable sta- thorized to operate on adjacent fre- tions operating in the 1695–1710 MHz quency blocks in the 2180–2200 MHz and 1755–1780 MHz bands are limited to band. 1 watt EIRP. Fixed stations operating (9) Fixed, mobile and portable (hand- in the 1710–1755 MHz band are limited held) stations operating in the 1915–1920 to a maximum antenna height of 10 MHz band are limited to 300 milliwatts meters above ground. Mobile and port- EIRP. able stations operating in these bands (10) A licensee operating a base or must employ a means for limiting fixed station in the 1995–2000 MHz band power to the minimum necessary for utilizing a power greater than 1640 successful communications. watts EIRP and greater than 1640 (5) Equipment employed must be au- watts/MHz EIRP must be coordinated thorized in accordance with the provi- in advance with all PCS G Block li- sions of § 24.51. Power measurements censees authorized to operate on adja- for transmissions by stations author- cent frequency blocks in the 1990–1995 ized under this section may be made ei- MHz band within 120 kilometers of the ther in accordance with a Commission- base or fixed station operating in this approved average power technique or in band. compliance with paragraph (d)(6) of (e) The following power limits apply this section. In measuring trans- to the paired 1392–1395 MHz and 1432– missions in this band using an average 1435 MHz bands as well as the unpaired power technique, the peak-to-average 1390–1392 MHz band (1.4 GHz band): ratio (PAR) of the transmission may (1) Fixed stations transmitting in the not exceed 13 dB. 1390–1392 MHz and 1432–1435 MHz bands (6) Peak transmit power must be are limited to 2000 watts EIRP peak measured over any interval of contin- power. Fixed stations transmitting in uous transmission using instrumenta- the 1392–1395 MHz band are limited to tion calibrated in terms of an rms- 100 watts EIRP peak power. equivalent voltage. The measurement (2) Mobile stations transmitting in results shall be properly adjusted for the 1390–1392 MHz and 1432–1435 MHz any instrument limitations, such as de- bands are limited to 4 watts EIRP peak tector response times, limited resolu- power. Mobile stations transmitting in tion bandwidth capability when com- the1392–1395 MHz band are limited to 1 pared to the emission bandwidth, sensi- watt EIRP peak power. tivity, etc., so as to obtain a true peak (f) The following power limits apply measurement for the emission in ques- to the 1670–1675 MHz band: tion over the full bandwidth of the (1) Fixed and base stations are lim- channel. ited to 2000 watts EIRP peak power.

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(2) Mobile stations are limited to 4 the maximum permissible power of a watts EIRP peak power. station utilizing a perfectly uniform (g) [Reserved] power spectral density across a 6 MHz (h) The following power limits shall channel were 2000 watts EIRP, this apply in the BRS and EBS: would result in a maximum permissible (1) Main, booster and base stations. (i) power flux density for the station of The maximum EIRP of a main, booster 2000/60 = 33.3 watts EIRP per 100 kHz or base station shall not exceed 33 dBW bandwidth. If a non-uniform emission + 10log(X/Y) dBW, where X is the ac- were substituted at the station, station tual channel width in MHz and Y is ei- power would still be limited to a max- ther 6 MHz if prior to transition or the imum of 33.3 watts EIRP within any 100 station is in the MBS following transi- kHz segment of the 6 MHz channel, ir- tion or 5.5 MHz if the station is in the respective of the fact that this would LBS and UBS following transition, ex- result in a total 6 MHz channel power cept as provided in paragraph (h)(1)(ii) of less than 2000 watts EIRP. of this section. (ii) If a main or booster station (i) Peak transmit power shall be sectorizes or otherwise uses one or measured over any interval of contin- more transmitting antennas with a uous transmission using instrumenta- non-omnidirectional horizontal plane tion calibrated in terms of rms-equiva- radiation pattern, the maximum EIRP lent voltage. The measurement results in dBW in a given direction shall be de- shall be properly adjusted for any in- termined by the following formula: strument limitations, such as detector EIRP = 33 dBW + 10 log(X/Y) dBW + 10 response times, limited resolution log(360/beamwidth) dBW, where X is the bandwidth capability when compared actual channel width in MHz, Y is ei- to the emission bandwidth, etc., so as ther (i) 6 MHz if prior to transition or to obtain a true peak measurement for the station is in the MBS following the emission in question over the full transition or (ii) 5.5 MHz if the station bandwidth of the channel. is in the LBS and UBS following tran- (j) The following power requirements sition, and beamwidth is the total hori- apply to stations transmitting in the zontal plane beamwidth of the indi- 3700–3980 MHz band: vidual transmitting antenna for the (1) The power of each fixed or base station or any sector measured at the station transmitting in the 3700–3980 half-power points. MHz band and located in any county (2) Mobile and other user stations. Mo- with population density of 100 or fewer bile stations are limited to 2.0 watts persons per square mile, based upon the EIRP. All user stations are limited to most recently available population sta- 2.0 watts transmitter output power. tistics from the Bureau of the Census, (3) For television transmission, the is limited to an equivalent peak power of the accompanying aural isotropically radiated power (EIRP) of signal must not exceed 10 percent of 3280 Watts/MHz. This limit applies to the peak visual power of the trans- the aggregate power of all antenna ele- mitter. The Commission may order a reduction in aural signal power to di- ments in any given sector of a base sta- minish the potential for harmful inter- tion. ference. (2) The power of each fixed or base (4) For main, booster and response station transmitting in the 3700–3980 stations utilizing digital emissions MHz band and situated in any geo- with non-uniform power spectral den- graphic location other than that de- sity (e.g. unfiltered QPSK), the power scribed in paragraph (j)(1) of this sec- measured within any 100 kHz resolution is limited to an EIRP of 1640 tion bandwidth within the 6 MHz chan- Watts/MHz. This limit applies to the nel occupied by the non-uniform emis- aggregate power of all antenna ele- sion cannot exceed the power per- ments in any given sector of a base sta- mitted within any 100 kHz resolution tion. bandwidth within the 6 MHz channel if (3) Mobile and portable stations are it were occupied by an emission with limited to 1 Watt EIRP. Mobile and uniform power spectral density, i.e., if portable stations operating in these

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bands must employ a means for lim- (5) Peak transmit power must be iting power to the minimum necessary measured over any interval of contin- for successful communications. uous transmission using instrumenta- (4) Equipment employed must be au- tion calibrated in terms of an rms- thorized in accordance with the provi- equivalent voltage. The measurement sions of § 27.51. Power measurements results shall be properly adjusted for for transmissions by stations author- any instrument limitations, such as de- ized under this section may be made ei- tector response times, limited resolu- ther in accordance with a Commission- tion bandwidth capability when com- approved average power technique or in pared to the emission bandwidth, sensi- compliance with paragraph (j)(5) of this section. In measuring transmissions in tivity, and any other relevant factors, this band using an average power tech- so as to obtain a true peak measure- nique, the peak-to-average ratio (PAR) ment for the emission in question over of the transmission may not exceed 13 the full bandwidth of the channel. dB.

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

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

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

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

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

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

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

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

Above 1372 (4500) ...... 65 Above 1220 (4000) To 1372 (4500) ...... 70 Above 1067 (3500) To 1220 (4000) ...... 75 Above 915 (3000) To 1067 (3500) ...... 100

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

Above 763 (2500) To 915 (3000) ...... 140 Above 610 (2000) To 763 (2500) ...... 200 Above 458 (1500) To 610 (2000) ...... 350 Above 305 (1000) To 458 (1500) ...... 600 Up to 305 (1000) ...... 1000

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

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

[62 FR 16497, Apr. 7, 1997] sion’s radio frequency exposure re- EDITORIAL NOTE: For FEDERAL REGISTER ci- quirements in §§ 1.1307(b), 2.1091, and tations affecting § 27.50, see the List of CFR 2.1093 of this chapter, as appropriate. Sections Affected, which appears in the Applications for equipment authoriza- Finding Aids section of the printed volume tion of mobile or portable devices oper- and at www.govinfo.gov. ating under this section must contain a statement confirming compliance with § 27.51 Equipment authorization. these requirements. Technical informa- (a) Each transmitter utilized for option showing the basis for this state- eration under this part must be of a ment must be submitted to the Com- type that has been authorized by the mission upon request. Commission under its certification procedure. [85 FR 18151, Apr. 1, 2020] (b) Any manufacturer of radio transmitting equipment to be used in these § 27.53 Emission limits. services may request equipment au- (a) For operations in the 2305–2320 thorization following the procedures MHz band and the 2345–2360 MHz band, set forth in subpart J of part 2 of this the power of any emission outside a li- chapter. Equipment authorization for censee’s frequency band(s) of operation an individual transmitter may be re- shall be attenuated below the trans- quested by an applicant for a station mitter power P (with averaging per- authorization by following the proce- formed only during periods of trans- dures set forth in part 2 of this chapter. mission) within the licensed band(s) of [65 FR 3147, Jan. 20, 2000] operation, in watts, by the following amounts: § 27.52 RF exposure. (1) For base and fixed stations’ oper- Licensees and manufacturers shall ations in the 2305–2320 MHz band and ensure compliance with the Commis- the 2345–2360 MHz band:

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(i) By a factor of not less than 43 + 10 (i) By a factor of not less than 43 + 10 log (P) dB on all frequencies between log (P) dB on all frequencies between 2305 and 2320 MHz and on all fre- 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz quencies between 2345 and 2360 MHz that are outside the licensed band(s) of that are outside the licensed band(s) of operation, and not less than 75 + 10 log operation, not less than 55 + 10 log (P) (P) dB on all frequencies between 2320 dB on all frequencies between 2320 and and 2345 MHz; 2324 MHz and between 2341 and 2345 (ii) By a factor of not less than 43 + MHz, not less than 61 + 10 log (P) dB on 10 log (P) dB on all frequencies between all frequencies between 2324 and 2328 2300 and 2305 MHz, 70 + 10 log (P) dB on MHz and between 2337 and 2341 MHz, all frequencies between 2287.5 and 2300 and not less than 67 + 10 log (P) dB on MHz, 72 + 10 log (P) dB on all fre- all frequencies between 2328 and 2337 quencies between 2285 and 2287.5 MHz, MHz; and 75 + 10 log (P) dB below 2285 MHz; (ii) By a factor of not less than 43 + (iii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on 2360 and 2362.5 MHz, 55 + 10 log (P) dB all frequencies between 2296 and 2300 on all frequencies between 2362.5 and MHz, 61 + 10 log (P) dB on all fre- 2365 MHz, 70 + 10 log (P) dB on all frequencies between 2292 and 2296 MHz, 67 quencies between 2365 and 2367.5 MHz, + 10 log (P) dB on all frequencies be- 72 + 10 log (P) dB on all frequencies between 2288 and 2292 MHz, and 70 + 10 log tween 2367.5 and 2370 MHz, and 75 + 10 (P) dB below 2288 MHz; log (P) dB above 2370 MHz. (iii) By a factor of not less than 43 + (2) For fixed customer premises 10 log (P) dB on all frequencies between equipment (CPE) stations operating in 2360 and 2365 MHz, and not less than 70 the 2305–2320 MHz band and the 2345– + 10 log (P) dB above 2365 MHz. 2360 MHz band transmitting with more (4) For mobile and portable stations than 2 watts per 5 megahertz average operating in the 2305–2315 MHz and EIRP: 2350–2360 MHz bands: (i) By a factor of not less than 43 + 10 (i) By a factor of not less than: 43 + log (P) dB on all frequencies between 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all fre- 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz quencies between 2345 and 2360 MHz that are outside the licensed band(s) of that are outside the licensed band(s) of operation, and not less than 75 + 10 log operation, not less than 55 + 10 log (P) (P) dB on all frequencies between 2320 dB on all frequencies between 2320 and and 2345 MHz; 2324 MHz and on all frequencies be- (ii) By a factor of not less than 43 + tween 2341 and 2345 MHz, not less than 10 log (P) dB on all frequencies between 61 + 10 log (P) dB on all frequencies be- 2300 and 2305 MHz, 70 + 10 log (P) dB on tween 2324 and 2328 MHz and on all fre- all frequencies between 2287.5 and 2300 quencies between 2337 and 2341 MHz, MHz, 72 + 10 log (P) dB on all fre- and not less than 67 + 10 log (P) dB on quencies between 2285 and 2287.5 MHz, all frequencies between 2328 and 2337 and 75 + 10 log (P) dB below 2285 MHz; MHz; (iii) By a factor of not less than 43 + (ii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 10 log (P) dB on all frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB 2300 and 2305 MHz, 55 + 10 log (P) dB on on all frequencies between 2362.5 and all frequencies between 2296 and 2300 2365 MHz, 70 + 10 log (P) dB on all fre- MHz, 61 + 10 log (P) dB on all frequencies between 2365 and 2367.5 MHz, quencies between 2292 and 2296 MHz, 67 72 + 10 log (P) dB on all frequencies be- + 10 log (P) dB on all frequencies between 2367.5 and 2370 MHz, and 75 + 10 tween 2288 and 2292 MHz, and 70 + 10 log log (P) dB above 2370 MHz. (P) dB below 2288 MHz; (3) For fixed CPE stations operating (iii) By a factor of not less than 43 + in the 2305–2320 MHz and 2345–2360 MHz 10 log (P) dB on all frequencies between bands transmitting with 2 watts per 5 2360 and 2365 MHz, and not less than 70 megahertz average EIRP or less: + 10 log (P) dB above 2365 MHz.

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

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kHz band segment, for base and fixed 6.25 KHZ MOBILE TRANSMITTER ACP stations; REQUIREMENTS—Continued (2) On all frequencies between 758–775 Offset from center Measurement MHz and 788–805 MHz, the power of any frequency bandwidth Maximum ACP emission outside the licensee’s fre- (kHz) (kHz) (dBc) quency bands of operation shall be at- 87.50 25.00 ¥65 tenuated below the transmitter power 150.00 100.00 ¥65 (P) within the licensed band(s) of oper- 250.00 100.00 ¥65 ation, measured in watts, by a factor 350.00 100.00 ¥65 not less than 65 + 10 log (P) dB in a 6.25 >400 kHz to 12 MHz 30(s) ¥75 12 MHz to paired receive kHz band segment, for mobile and port- band 30(s) ¥75 able stations; In the paired receive band 30(s) ¥100 (3) On any frequency outside the 775– 776 MHz and 805–806 MHz bands, the 12.5 KHZ MOBILE TRANSMITTER ACP power of any emission shall be attenu- REQUIREMENTS ated outside the band below the transmitter power (P) within the licensed Offset from center Measurement frequency bandwidth Maximum ACP band(s) of operation, measured in (kHz) (kHz) (dBc) watts, by at least 43 + 10 log (P) dB; (4) Compliance with the provisions of 9.375 6.25 ¥40 paragraphs (e)(1) and (e)(2) of this sec- 15.625 6.25 ¥60 21.875 6.25 ¥60 tion is based on the use of measure- 37.50 25.00 ¥60 ment instrumentation such that the 62.50 25.00 ¥65 reading taken with any resolution 87.50 25.00 ¥65 bandwidth setting should be adjusted 150.00 100 ¥65 250.00 100 ¥65 to indicate spectral energy in a 6.25 350.00 100 ¥65 kHz segment; >400 to 12 MHz 30(s) ¥75 (5) Compliance with the provisions of 12 MHz to paired receive band 30(s) ¥75 paragraph (e)(3) of this section is based ¥ on the use of measurement instrumen- In the paired receive band 30(s) 100 tation employing a resolution bandwidth of 100 kHz or greater. However, 25 KHZ MOBILE TRANSMITTER ACP in the 100 kHz bands immediately out- REQUIREMENTS side and adjacent to the frequency Offset from center Measurement Maximum ACP block, a resolution bandwidth of at frequency bandwidth (dBc) least 30 kHz may be employed. (kHz) (kHz) (6) The adjacent channel power (ACP) 15.625 6.25 ¥40 requirements for transmitters designed 21.875 6.25 ¥60 for various channel sizes are shown in 37.50 25 ¥60 ¥ the following tables. Mobile station re- 62.50 25 65 87.50 25 ¥65 quirements apply to handheld, car 150.00 100 ¥65 mounted and control station units. The 250.00 100 ¥65 tables specify a value for the ACP as a 350.00 100 ¥65 ¥ function of the displacement from the >400 kHz to 12 MHz 30(s) 75 12 MHz to paired receive channel center frequency and measure- band 30(s) ¥75 ment bandwidth. In the following ta- In the paired receive band 30(s) ¥100 bles, ‘‘(s)’’ indicates a swept measurement may be used. 150 KHZ MOBILE TRANSMITTER ACP REQUIREMENTS 6.25 KHZ MOBILE TRANSMITTER ACP EQUIREMENTS R Offset from center Measurement Maximum ACP frequency bandwidth relative (dBc) Offset from center Measurement (kHz) (kHz) frequency bandwidth Maximum ACP (kHz) (kHz) (dBc) 100 50 ¥40 200 50 ¥50 6.25 6.25 ¥40 300 50 ¥50 12.5 6.25 ¥60 400 50 ¥50 18.75 6.25 ¥60 600–1000 30(s) ¥60 25.00 6.25 ¥65 1000 to receive band 30(s) ¥70 ¥ 37.50 25.00 65 In the receive band 30(s) ¥100 62.50 25.00 ¥65

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6.25 KHZ BASE TRANSMITTER ACP 25 KHZ BASE TRANSMITTER ACP REQUIREMENTS REQUIREMENTS—Continued

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

6.25 6.25 ¥40 In the paired receive band 30(s) 1¥85 12.50 6.25 ¥60 18.75 6.25 ¥60 1 Although we permit individual base transmitters to radiate ¥ 25.00 6.25 ¥65 a maximum ACP of 85 dBc in the paired receive band, li- ¥ censees deploying these transmitters may not exceed an ACP 37.50 25 65 ¥ ¥ of 100 dBc in the paired receive band when measured at 62.50 25 65 either the transmitting antenna input port or the output of the 87.50 25 ¥65 transmitter combining network. Consequently, licensees de- 150.00 100 ¥65 ploying these transmitters may need to use external filters to 250.00 100 ¥65 comply with the more restrictive ACP limit. 350.00 100 ¥65 ¥ >400 kHz to 12 MHz 30(s) 80 150 KHZ BASE TRANSMITTER ACP 12 MHz to paired receive band 30(s) ¥80 REQUIREMENTS In the paired receive band 30(s) 1¥85 Offset from center Measurement 1 Although we permit individual base transmitters to radiate frequency bandwidth Maximum ACP a maximum ACP of ¥85 dBc in the paired receive band, li- (kHz) (kHz) (dBc) censees deploying these transmitters may not exceed an ACP ¥ of 100 dBc in the paired receive band when measured at 100 50 ¥40 either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees de- 200 50 ¥50 ploying these transmitters may need to use external filters to 300 50 ¥55 comply with the more restrictive ACP limit. 400 50 ¥60 600–1000 30(s) ¥65 12.5 KHZ BASE TRANSMITTER ACP 1000 to receive band 30(s) ¥75 (continues at REQUIREMENTS ¥6dB/oct In the receive band 30(s) 1¥85 Offset from center Measurement Maximum ACP 1 Although we permit individual base transmitters to radiate frequency bandwidth ¥ (kHz) (kHz) (dBc) a maximum ACP of 85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP ¥ ¥ of 100 dBc in the paired receive band when measured at 9.375 6.25 40 either the transmitting antenna input port or the output of the 15.625 6.25 ¥60 transmitter combining network. Consequently, licensees de- 21.875 6.25 ¥60 ploying these transmitters may need to use external filters to 37.5 25 ¥60 comply with the more restrictive ACP limit. 62.5 25 ¥65 87.5 25 ¥65 (7) ACP measurement procedure. The 150 100 ¥65 following procedures are to be followed 250 100 ¥65 350.00 100 ¥65 for making ACP transmitter measure- >400 kHz to 12 MHz 30(s) ¥80 ments. For time division multiple ac- 12 MHz to paired receive cess (TDMA) systems, the measure- band 30(s) ¥80 ments are to be made under TDMA op- In the paired receive band 30(s) 1¥85 eration only during time slots when 1 Although we permit individual base transmitters to radiate a maximum ACP of ¥85 dBc in the paired receive band, li- the transmitter is on. All measure- censees deploying these transmitters may not exceed an ACP ments must be made at the input to of ¥100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the the transmitter’s antenna. Measure- transmitter combining network. Consequently, licensees de- ment bandwidth used below implies an ploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. instrument that measures the power in many narrow bandwidths (e.g., 300 Hz) 25 KHZ BASE TRANSMITTER ACP and integrates these powers across a REQUIREMENTS larger band to determine power in the measurement bandwidth. Offset from center Measurement frequency bandwidth Maximum ACP (i) Setting reference level. Using a spec- (kHz) (kHz) (dBc) trum analyzer capable of ACP measure- 15.625 6.25 ¥40 ments, set the measurement bandwidth 21.875 6.25 ¥60 to the channel size. For example, for a 37.5 25 ¥60 6.25 kHz transmitter, set the measure- 62.5 25 ¥65 ment bandwidth to 6.25 kHz; for a 150 87.5 25 ¥65 150 100 ¥65 kHz transmitter, set the measurement 250 100 ¥65 bandwidth to 150 kHz. Set the fre- 350 100.00 ¥65 quency offset of the measurement >400 kHz to 12 MHz 30(s) ¥80 12 MHz to paired receive bandwidth to zero and adjust the cen- band 30(s) ¥80 ter frequency of the spectrum analyzer

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

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frequency and one above the carrier (2) In the 1390–1395 MHz and 1432–1435 center frequency, outside of which all MHz bands, licensees are encouraged to emissions are attenuated at least 26 dB take all reasonable steps to ensure that below the transmitter power. unwanted emission power does not ex- (ii) When measuring the emission ceed the following levels in the band limits, the nominal carrier frequency 1400–1427 MHz: shall be adjusted as close to the licens- (i) For stations of point-to-point sys- ee’s frequency block edges, both upper tems in the fixed service: ¥45 dBW/27 and lower, as the design permits. MHz. (iii) The measurements of emission (ii) For stations in the mobile serv- power can be expressed in peak or aver- ice: ¥60 dBW/27 MHz. age values, provided they are expressed (k) For operations in the 1670–1675 in the same parameters as the trans- MHz, the power of any emission outside mitter power. the licensee’s frequency band(s) of op- (4) Private agreements. (i) For AWS operation shall be attenuated below the erations in the 2000–2020 MHz and 2180– transmitter power (P) by at least 43 + 2200 MHz bands, to the extent a li- 10 log (P) dB. Compliance with these censee establishes unified operations provisions is based on the procedures across the AWS blocks, that licensee described in paragraph (a)(5) of this section. may choose not to observe the emis- (l) 3.7 GHz Service. The following sion limit specified in paragraph (h)(1), emission limits apply to stations trans- above, strictly between its adjacent mitting in the 3700–3980 MHz band: block licenses in a geographic area, so (1) For base station operations in the long as it complies with other Commis- 3700–3980 MHz band, the conducted sion rules and is not adversely affect- power of any emission outside the li- ing the operations of other parties by censee’s authorized bandwidth shall virtue of exceeding the emission limit. not exceed ¥13 dBm/MHz. Compliance (ii) For AWS operations in the 2000– with this paragraph (l)(1) is based on 2020 MHz band, a licensee may enter the use of measurement instrumenta- into private agreements with all li- tion employing a resolution bandwidth censees operating between 1995 and 2000 of 1 megahertz or greater. However, in MHz to allow the 70 + 10 log10(P) dB the 1 megahertz bands immediately limit to be exceeded within the 1995– outside and adjacent to the licensee’s 2000 MHz band. frequency block, a resolution band- (iii) An AWS licensee who is a party width of at least one percent of the to a private agreement described in emission bandwidth of the fundamental this section (4) must maintain a copy emission of the transmitter may be of the agreement in its station files employed. The emission bandwidth is and disclose it, upon request, to pro- defined as the width of the signal be- spective AWS assignees, transferees, or tween two points, one below the carrier spectrum lessees and to the Commis- center frequency and one above the sion. carrier center frequency, outside of (i) When an emission outside of the which all emissions are attenuated at authorized bandwidth causes harmful least 26 dB below the transmitter interference, the Commission may, at power. its discretion, require greater attenu- (2) For mobile operations in the 3700– ation than specified in this section. 3980 MHz band, the conducted power of (j)(1) For operations in the unpaired any emission outside the licensee’s au- 1390–1392 MHz band and the paired 1392– thorized bandwidth shall not exceed 1395 MHz and 1432–1435 MHz bands, the ¥13 dBm/MHz. Compliance with this power of any emission outside the li- paragraph (l)(2) is based on the use of censee’s frequency band(s) of operation measurement instrumentation employ- shall be attenuated below the trans- ing a resolution bandwidth of 1 mega- mitter power (P) by at least 43 + 10 log hertz or greater. However, in the 1 (P) dB. Compliance with these provi- megahertz bands immediately outside sions is based on the procedures de- and adjacent to the licensee’s fre- scribed in paragraph (a)(5) of this sec- quency block, the minimum resolution tion. bandwidth for the measurement shall

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be either one percent of the emission within 24 hours of the receipt of a docu- bandwidth of the fundamental emission mented interference complaint the li- of the transmitter or 350 kHz. In the censee of the new or modified base sta- bands between 1 and 5 MHz removed tion must attenuate its emissions by at from the licensee’s frequency block, least 67 + 10 log (P) dB measured at 3 the minimum resolution bandwidth for megahertz, above or below, from the the measurement shall be 500 kHz. The channel edge of its frequency block and emission bandwidth is defined as the shall immediately notify the com- width of the signal between two points, plaining licensee upon implementation one below the carrier center frequency of the additional attenuation. No later and one above the carrier center fre- than 60 days after the implementation quency, outside of which all emissions of such additional attenuation, the li- are attenuated at least 26 dB below the censee of the complaining base station transmitter power. must attenuate its base station emis- (m) For BRS and EBS stations, the sions by at least 67 + 10 log (P) dB power of any emissions outside the li- measured at 3 megahertz, above or censee’s frequency bands of operation below, from the channel edge of its fre- shall be attenuated below the trans- quency block of the new or modified mitter power (P) measured in watts in base station. accordance with the standards below. If (ii) If a pre-existing base station suf- a licensee has multiple contiguous fers harmful interference from emis- channels, out-of-band emissions shall sions caused by a new or modified base be measured from the upper and lower station located less than 1.5 km away, edges of the contiguous channels. within 24 hours of receipt of a docu- (1) Prior to the transition, and there- mented interference complaint the li- after, solely within the MBS, for ana- censee of the new or modified base sta- log operations with an EIRP in excess tion must attenuate its emissions by at of ¥9 dBW, the signal shall be attenu- least 67 + 10 log (P)¥20 log (Dkm/1.5) ated at the channel edges by at least 38 dB measured at 3 megahertz, above or dB relative to the peak visual carrier, below, from the channel edge of its fre- then linearly sloping from that level to quency block of the complaining li- at least 60 dB of attenuation at 1 MHz censee, or if both base stations are co- below the lower band edge and 0.5 MHz located, limit its undesired signal level above the upper band edge, and attenu- at the pre-existing base station re- ated at least 60 dB at all other fre- ceiver(s) to no more than ¥107 dBm quencies. measured in a 5.5 megahertz bandwidth (2) For digital base stations, the at- and shall immediately notify the com- tenuation shall be not less than 43 + 10 plaining licensee upon such reduction log (P) dB, unless a documented inter- in the undesired signal level. No later ference complaint is received from an than 60 days after such reduction in the adjacent channel licensee with an over- undesired signal level, the complaining lapping Geographic Service Area. Mo- licensee must attenuate its base sta- bile Satellite Service licensees oper- tion emissions by at least 67 + 10 log ating on frequencies below 2495 MHz (P) dB measured at 3 megahertz, above may also submit a documented inter- or below, from the channel edge of its ference complaint against BRS licens- frequency block of the new or modified ees operating on channel BRS No. 1 on base station. the same terms and conditions as adja- (iii) If a new or modified base station cent channel BRS or EBS licensees. suffers harmful interference from emis- Provided that a documented inter- sions caused by a pre-existing base sta- ference complaint cannot be mutually tion located 1.5 km or more away, resolved between the parties prior to within 60 days of receipt of a docu- the applicable deadline, then the fol- mented interference complaint the li- lowing additional attenuation require- censee of each base station must at- ments shall apply: tenuate its base station emissions by (i) If a pre-existing base station suf- at least 67 + 10 log (P) dB measured at fers harmful interference from emis- 3 megahertz, above or below, from the sions caused by a new or modified base channel edge of its frequency block of station located 1.5 km or more away, the other licensee.

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(iv) If a new or modified base station defined in paragraph (m)(6) of this sec- suffers harmful interference from emis- tion. In addition, the attenuation fac- sions caused by a pre-existing base sta- tor shall not be less that 43 + 10 log (P) tion located less than 1.5 km away, dB on all frequencies between 2490.5 within 60 days of receipt of a docu- MHz and 2496 MHz and 55 + 10 log (P) mented interference complaint: (a) The dB at or below 2490.5 MHz. Mobile Sat- licensee of the new or modified base ellite Service licensees operating on station must attenuate its OOBE by at frequencies below 2495 MHz may also least 67 + 10 log (P)¥20 log (Dkm/1.5) submit a documented interference measured 3 megahertz above or below, complaint against BRS licensees oper- from the channel edge of its frequency ating on channel BRS Channel 1 on the block of the other licensee, or if the same terms and conditions as adjacent base stations are co-located, limit its channel BRS or EBS licensees. undesired signal level at the other base (5) Notwithstanding the provisions of station receiver(s) to no more than paragraphs (l)(2) and (l)(4) of this sec- ¥107 dBm measured in a 5.5-megahertz tion, prior to transition, a licensee bandwidth; and (b) the licensee causing may continue to operate facilities de- the interference must attenuate its ployed as of January 10, 2005 provided emissions by at least 67 + 10 log (P) dB that such facilities operate in compli- measured at 3 megahertz, above or ance with the emission mask applica- below, from the channel edge of its fre- ble to those services prior to January quency block of the new or modified 10, 2005. base station. (6) Measurement procedure. Compli- (v) For all fixed digital user stations, ance with these rules is based on the the attenuation factor shall be not less use of measurement instrumentation than 43 + 10 log (P) dB at the channel employing a resolution bandwidth of 1 edge. megahertz or greater. However, in the 1 (3) Prior to transition and thereafter MHz bands immediately outside and solely within the MBS, and notwith- adjacent to the frequency block a reso- standing paragraph (l)(2) of this sec- lution bandwidth of at least one per- tion, the maximum out-of-band power cent of the emission bandwidth of the of a digital transmitter operating on a fundamental emission of the trans- single 6 MHz channel with an EIRP in mitter may be employed; for mobile excess of ¥9 dBW employing digital digital stations, in the 1 megahertz modulation for the primary purpose of bands immediately outside and adja- transmitting video programming shall cent to the frequency block a resolu- be attenuated at the 6 MHz channel tion bandwidth of at least two percent edges at least 25 dB relative to the li- may be employed, except when the 1 censed average 6 MHz channel power megahertz band is 2495–2496 MHz, in level, then attenuated along a linear which case a resolution bandwidth of slope to at least 40 dB at 250 kHz be- at least one percent may be employed. yond the nearest channel edge, then at- A narrower resolution bandwidth is tenuated along a linear slope from that permitted in all cases to improve meas- level to at least 60 dB at 3 MHz above urement accuracy provided the meas- the upper and below the lower licensed ured power is integrated over the full channel edges, and attenuated at least required measurement bandwidth (i.e. 1 60 dB at all other frequencies. megahertz or 1 percent of emission (4) For mobile digital stations, the bandwidth, as specified; or 1 megahertz attenuation factor shall be not less or 2 percent for mobile digital stations, than 40 + 10 log (P) dB on all fre- except in the band 2495–2496 MHz). The quencies between the channel edge and emission bandwidth is defined as the 5 megahertz from the channel edge, 43 width of the signal between two points, + 10 log (P) dB on all frequencies be- one below the carrier center frequency tween 5 megahertz and X megahertz and one above the carrier center fre- from the channel edge, and 55 + 10 log quency, outside of which all emissions (P) dB on all frequencies more than X are attenuated at least 26 dB below the megahertz from the channel edge, transmitter power. With respect to tel- where X is the greater of 6 megahertz evision operations, measurements must or the actual emission bandwidth as be made of the separate visual and

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aural operating powers at sufficiently a licensee’s service area shall not ex- frequent intervals to ensure compli- ceed the value specified unless the ad- ance with the rules. jacent affected service area licensee(s) (7) Alternative out of band emission agree(s) to a different field strength. limit. Licensees in this service may es- This value applies to both the initially tablish an alternative out of band offered services areas and to parti- emission limit to be used at specified tioned services areas. Licensees may band edge(s) in specified geographical exceed this signal level where there is areas, in lieu of that set forth in this no affected licensee that is constructed section, pursuant to a private contrac- and providing service. Once the af- tual arrangement of all affected licens- fected licensee is providing service, the ees and applicants. In this event, each original licensee will be required to party to such contract shall maintain a take whatever steps necessary to com- copy of the contract in their station ply with the applicable power level at files and disclose it to prospective as- its GSA boundary, absent consent from signees or transferees and, upon re- the affected licensee. quest, to the FCC. (i) Prior to transition, the signal (n) When an emission outside of the strength at any point along the licens- authorized bandwidth causes harmful ee’s GSA boundary does not exceed the interference, the Commission may, at greater of that permitted under the li- its discretion, require greater attenu- censee’s Commission authorizations as ation than specified in this section. of January 10, 2005 or 47 dBμV/m. [62 FR 16497, Apr. 7, 1997] (ii) Following transition, for stations in the LBS and UBS, the signal EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 27.53, see the List of CFR strength at any point along the licens- Sections Affected, which appears in the ee’s GSA boundary must not exceed 47 Finding Aids section of the printed volume dBμV/m. This field strength is to be and at www.govinfo.gov. measured at 1.5 meters above the ground over the channel bandwidth § 27.54 Frequency stability. (i.e., each 5.5 MHz channel for licensees The frequency stability shall be suffi- that hold a full channel block, and for cient to ensure that the fundamental the 5.5 MHz channel for licensees that emissions stay within the authorized hold individual channels). bands of operation. (iii) Following transition, for stations in the MBS, the signal strength § 27.55 Power strength limits. at any point along the licensee’s GSA (a) Field strength limits. For the fol- boundary must not exceed the greater lowing bands, the predicted or meas- of ¥73.0 + 10 log(X/6) dBW/m2, where X ured median field strength at any loca- is the bandwidth in megahertz of the tion on the geographical border of a li- channel, or for facilities that are sub- censee’s service area shall not exceed stantially similar to the licensee’s pre- the value specified unless the adjacent transition facilities (including modi- affected service area licensee(s) fications that do not alter the funda- agree(s) to a different field strength. mental nature or use of the trans- This value applies to both the initially missions), the signal strength at such offered service areas and to partitioned point that resulted from the station’s service areas. operations immediately prior to the (1) 1995–2000 MHz, 2110–2155, 2155–2180, transition, provided that such oper- 2180–2200, 2305–2320, and 2345–2360 MHz ations complied with paragraph bands: 47 dBμV/m. (a)(4)(i) of this section. (2) 600 MHz, 698–758, and 775–787 MHz (b) Power flux density limit for stations bands: 40 dBμV/m. operating in the 698–746 MHz bands. For (3) The paired 1392–1395 MHz and 1432– base and fixed stations operating in the 1435 MHz bands and the unpaired 1390– 698–746 MHz band in accordance with 1392 MHz band (1.4 GHz band): 47 dBμV/ the provisions of § 27.50(c)(6), the power m. flux density that would be produced by (4) BRS and EBS: The predicted or such stations through a combination of measured median field strength at any antenna height and vertical gain pat- location on the geographical border of tern must not exceed 3000 microwatts

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per square meter on the ground over (a) Marking and lighting. Antenna the area extending to 1 km from the structures must be marked, lighted and base of the antenna mounting struc- maintained in accordance with part 17 ture. of this chapter and all applicable rules (c) Power flux density limit for stations and requirements of the Federal Avia- operating in the 746–757 MHz and 776–787 tion Administration. For any construc- MHz bands. For base and fixed stations tion or alteration that would exceed operating in the 746–757 MHz and 776– the requirements of section 17.7 of this 787 MHz bands in accordance with the chapter, licensees must notify the ap- provisions of § 27.50(b)(6), the power flux propriate Regional Office of the Fed- density that would be produced by such eral Aviation Administration (FAA stations through a combination of an- Form 7460–1) and file a request for antenna height and vertical gain pattern tenna height clearance and obstruction must not exceed 3000 microwatts per marking and lighting specifications square meter on the ground over the (FCC Form 854) with the FCC, WTB, area extending to 1 km from the base 1270 Fairfield Road, Gettysburg, PA of the antenna mounting structure. 17325. (d) Power flux density for stations oper- (b) Maintenance contracts. Antenna ating in the 3700–3980 MHz band. For structure owners (or licensees and per- base and fixed stations operation in the mittees, in the event of default by an 3700–3980 MHz band in accordance with antenna structure owner) may enter the provisions of § 27.50(j), the power into contracts with other entities to flux density (PFD) at any location on monitor and carry out necessary main- the geographical border of a licensee’s tenance of antenna structures. An- service area shall not exceed ¥76 dBm/ tenna structure owners (or licensees m2/MHz. This power flux density will be and permittees, in the event of default measured at 1.5 meters above ground. by an antenna structure owner) that Licensees in adjacent geographic areas make such contractual arrangements may voluntarily agree to operate under continue to be responsible for the a higher PFD at their common bound- maintenance of antenna structures in ary. regard to air navigation safety. [69 FR 5715, Feb. 6, 2004, as amended at 69 FR § 27.57 International coordination. 72034, Dec. 10, 2004; 72 FR 27712, May 16, 2007; 72 FR 48852, Aug. 24, 2007; 73 FR 26040, May 8, (a) WCS operations in the border 2008; 78 FR 8270, Feb. 5, 2013; 78 FR 50256, Aug. areas shall be subject to coordination 16, 2013; 79 FR 599, Jan. 6, 2014; 79 FR 32413, with those countries and provide pro- June 4, 2014; 79 FR 48539, Aug. 15, 2014; 85 FR tection to non-U.S. operations in the 22882, Apr. 23, 2020] 2305–2320 and 2345–2360 MHz bands as appropriate. In addition, satellite DARS § 27.56 Antenna structures; air naviga- operations in WCS spectrum shall be tion safety. subject to international satellite co- A licensee that owns its antenna ordination procedures. structure(s) must not allow such an- (b) Wireless operations in the 512–608 tenna structure(s) to become a hazard MHz, 614–763 MHz, 775–793 MHz, and 805– to air navigation. In general, antenna 806 MHz bands are subject to current structure owners are responsible for and future international agreements registering antenna structures with between the United States and Canada the FCC if required by part 17 of this and the United States and Mexico. Un- chapter, and for installing and main- less otherwise modified by inter- taining any required marking and national treaty, licenses must not lighting. However, in the event of de- cause interference to, and must accept fault of this responsibility by an an- harmful interference from, television tenna structure owner, the FCC per- broadcast operations in Mexico and mittee or licensee authorized to use an Canada, where these services are co- affected antenna structure will be held primary in the band. responsible by the FCC for ensuring (c) Operation in the 1695–1710 MHz, that the antenna structure continues 1710–1755 MHz, 1755–1780 MHz, 1915–1920 to meet the requirements of part 17 of MHz, 1995–2000 MHz, 2000–2020 MHz, this chapter. See § 17.6 of this chapter. 2110–2155 MHz, 2155–2180 MHz, 2180–2200

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MHz, and 3700–3980 MHz bands is sub- facility. WCS and BRS/EBS licensees ject to international agreements with are expected to coordinate voluntarily Mexico and Canada. and in good faith to avoid interference problems and to allow the greatest [62 FR 9658, Mar. 3, 1997, as amended at 67 FR 5511, Feb. 6, 2002; 69 FR 5715, Feb. 6, 2004; 72 operational flexibility in each other’s FR 48852, Aug. 24, 2007; 79 FR 599, Jan. 6, 2014; operations. 79 FR 32413, June 4, 2014; 79 FR 48539, Aug. 15, [62 FR 16498, Apr. 7, 1997, as amended at 69 2014; 85 FR 22882, Apr. 23, 2020] FR 72034, Dec. 10, 2004] § 27.58 Interference to BRS/EBS receivers. § 27.59 [Reserved] (a) WCS licensees shall bear full fi- § 27.60 TV/DTV interference protection nancial obligation to remedy inter- criteria. ference to BRS/EBS block Base, fixed, control, and mobile downconverters if all of the following transmitters in the 698–758 MHz, 775–788 conditions are met: MHz, and 805–806 MHz frequency bands (1) The complaint is received by the must be operated only in accordance WCS licensee prior to February 20, 2002; with the rules in this section to reduce (2) The BRS/EBS downconverter was the potential for interference to public installed prior to August 20, 1998; reception of the signals of existing TV (3) The WCS fixed or land station and DTV broadcast stations transmit- transmits at 50 or more watts peak ting on TV Channels 51 through 68. EIRP; (a) D/U ratios. Licensees must choose (4) The BRS/EBS downconverter is lo- site locations that are a sufficient dis- cated within a WCS transmitter’s free tance from co-channel and adjacent space power flux density contour of channel TV and DTV stations, and/or ¥34 dBW/m2; and must use reduced transmitting power (5) The BRS/EBS customer or li- or transmitting antenna height such censee has informed the WCS licensee that the following minimum desired of the interference within one year signal-to-undesired signal ratios (D/U from the initial operation of the WCS ratios) are met. transmitter or within one year from any subsequent power increases at the (1) The minimum D/U ratio for co- WCS station. channel stations is: (b) Resolution of the complaint shall (i) 40 dB at the hypothetical Grade B μ be at no cost to the complainant. contour (64 dB V/m) (88.5 kilometers (c) Two or more WCS licensees collo- (55 miles)) of the TV station; cating their antennas on the same (ii) For transmitters operating in the tower shall assume shared responsi- 698–746 MHz frequency band, 23 dB at bility for remedying interference com- the equivalent Grade B contour (41 plaints within the area determined by dBμV/m) (88.5 kilometers (55 miles)) of paragraph (a)(4) of this section unless the DTV station; or an offending station can be readily de- (iii) For transmitters operating in termined and then that station shall the 746–758 MHz, 775–788 MHz, and 805– assume full financial responsibility. 806 MHz frequency bands, 17 dB at the (d) If the WCS licensee cannot other- equivalent Grade B contour (41 dBμV/ wise eliminate interference caused to m) (88.5 kilometers (55 miles)) of the BRS/EBS reception, then that licensee DTV station. must cease operations from the offend- (2) The minimum D/U ratio for adja- ing WCS facility. cent channel stations is 0 dB at the hy- (e) At least 30 days prior to com- pothetical Grade B contour (64 dBμV/m) mencing operations from any new WCS (88.5 kilometers (55 miles)) of the TV transmission site or with increased station or ¥23 dB at the equivalent power from any existing WCS trans- Grade B contour (41 dBμV/m) (88.5 kilo- mission site, a WCS licensee shall no- meters (55 miles)) of the DTV station. tify all BRS/EBS licensees in or (b) TV stations and calculation of con- through whose licensed service areas tours. The methods used to calculate they intend to operate of the technical TV contours and antenna heights parameters of the WCS transmission above average terrain are given in

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§§ 73.683 and 73.684 of this chapter. Ta- DTV stations in accordance with the bles to determine the necessary min- values specified in Table E in § 90.309 of imum distance from the 698–758 MHz, this chapter, shall afford protection to 775–788 MHz, and 805–806 MHz station to co-channel DTV stations by providing the TV/DTV station, assuming that the 23 dB protection to such stations’ TV/DTV station has a hypothetical or equivalent Grade B contour (41 dBμV/ equivalent Grade B contour of 88.5 kilo- m), and shall afford protection to co- meters (55 miles), are located in § 90.309 channel and adjacent channel TV sta- of this chapter and labeled as Tables B, tions in accordance with the values D, and E. The locations of existing and specified in Table B (co-channel fre- proposed TV/DTV stations during the quencies based on 40 dB protection) and period of transition from analog to dig- Table E (adjacent channel frequencies ital TV service are given in part 73 of based on 0 dB protection) in § 90.309 of this chapter and in the final pro- this chapter. For base and fixed sta- ceedings of MM Docket No. 87–268. tions having an antenna height (HAAT) (1) Licensees of stations operating between 152–914 meters (500–3,000 ft.) within the ERP and HAAT limits of the effective radiated power must be § 27.50 must select one of four methods reduced below 1 kilowatt in accordance to meet the TV/DTV protection re- with the values shown in the power requirements, subject to Commission ap- duction graph in Figure B in § 90.309 of proval: this chapter. For heights of more than (i) Utilize the geographic separation 152 m. (500 ft.) above average terrain, specified in Tables B, D, and E of the distance to the radio path horizon § 90.309 of this chapter, as appropriate; will be calculated assuming smooth (ii) When station parameters are earth. If the distance so determined greater than those indicated in the ta- equals or exceeds the distance to the bles, calculate geographic separation hypothetical or equivalent Grade B in accordance with the required D/U ra- contour of a co-channel TV/DTV sta- tios, as provided in paragraph (a) of tion (i.e., it exceeds the distance from this section; the appropriate Table in § 90.309 of this (iii) Submit an engineering study jus- chapter to the relevant TV/DTV sta- tifying the proposed separations based tion), an authorization will not be on the parameters of the land mobile granted unless it can be shown in an station and the parameters, including engineering study (see paragraph authorized and/or applied for facilities, (b)(1)(iii) of this section) that actual of the TV/DTV station(s) it is trying to terrain considerations are such as to protect; or, provide the desired protection at the (iv) Obtain written concurrence from actual Grade B contour (64 dBμV/m for the applicable TV/DTV station(s). If TV and 41 dBμV/m for DTV stations) or this method is chosen, a copy of the unless the effective radiated power will agreement must be submitted with the be further reduced so that, assuming application. free space attenuation, the desired pro- (2) The following is the method for tection at the actual Grade B contour geographic separations. (i) Base and (64 dBμV/m for TV and 41 dBμV/m cov- fixed stations that operate in the 746– erage contour for DTV stations) will be 758 MHz and 775–787 MHz bands having achieved. Directions for calculating an antenna height (HAAT) less than 152 powers, heights, and reduction curves m. (500 ft.) shall afford protection to are listed in § 90.309 of this chapter for co-channel and adjacent channel TV/ land mobile stations. Directions for DTV stations in accordance with the calculating coverage contours are list- values specified in Table B (co-channel ed in §§ 73.683 through 73.685 of this frequencies based on 40 dB protection) chapter for TV stations and in § 73.625 and Table E (adjacent channel fre- of this chapter for DTV stations. quencies based on 0 dB protection) in (ii) Control, fixed, and mobile sta- § 90.309 of this chapter. Base and fixed tions (including portables) that operate stations that operate in the 698–746 in the 787–788 MHz and 805–806 MHz MHz band having an antenna height bands and control and mobile stations (HAAT) less than 152 m. (500 ft.) shall (including portables) that operate in afford protection to adjacent channel the 698–757 MHz and 776–787 MHz bands

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are limited in height and power and can and cannot roam in order to pro- therefore shall afford protection to co- tect the TV/DTV stations. channel and adjacent channel TV/DTV NOTE TO § 27.60: The 88.5 km (55mi) Grade B stations in the following manner: service contour (64 dBμV/m) is based on a hy- (A) For control, fixed, and mobile pothetical TV station operating at an effec- stations (including portables) that op- tive radiated power of one megawatt, a erate in the 787–788 MHz and 805–806 transmitting antenna height above average MHz bands and control and mobile sta- terrain of 610 meters (2000 feet) and the Com- tions (including portables) that operate mission’s R–6602 F(50,50) curves. See § 73.699 of this chapter. Maximum facilities for TV sta- in the 746–757 MHz and 776–787 MHz tions operating in the UHF band are 5 bands, co-channel protection shall be megawatts effective radiated power at an an- afforded in accordance with the values tenna HAAT of 610 meters (2,000 feet). See specified in Table D (co-channel fre- § 73.614 of this chapter. The equivalent con- quencies based on 40 dB protection for tour for DTV stations is based on a 41 dBμV/ TV stations and 17 dB for DTV sta- m signal strength and the distance to the tions) in § 90.309 of this chapter. F(50,90) curve. See § 73.625 of this chapter. (B) For control and mobile stations [72 FR 48852, Aug. 24, 2007, as amended at 79 (including portables) that operate in FR 599, Jan. 6, 2014] the 698–746 MHz band, co-channel pro- §§ 27.61–27.62 [Reserved] tection shall be afforded to TV stations in accordance with the values specified § 27.64 Protection from interference. in Table D (co-channel frequencies Wireless Communications Service based on 40 dB protection) and to DTV (WCS) stations operating in full ac- stations by providing 23 dB protection cordance with applicable FCC rules and to such stations’ equivalent Grade B the terms and conditions of their au- contour (41 dBμV/m). thorizations are normally considered (C) For control, fixed, and mobile sta- to be non-interfering. If the FCC deter- tions (including portables) that operate mines, however, that interference in the 787–788 MHz and 805–806 MHz which significantly interrupts or de- bands and control and mobile stations grades a radio service is being caused, (including portables) that operate in it may, after notice and an opportunity the 698–757 MHz and 776–787 MHz bands, for a hearing, require modifications to adjacent channel protection shall be any WCS station as necessary to elimi- afforded by providing a minimum dis- nate such interference. tance of 8 kilometers (5 miles) from all (a) Failure to operate as authorized. adjacent channel TV/DTV station hy- Any licensee causing interference to pothetical or equivalent Grade B con- the service of other stations by failing tours (adjacent channel frequencies to operate its station in full accord- based on 0 dB protection for TV sta- ance with its authorization and appli- tions and ¥23 dB for DTV stations). cable FCC rules shall discontinue all (D) Since control, fixed, and mobile transmissions, except those necessary stations may affect different TV/DTV for the immediate safety of life or stations than the associated base or property, until it can bring its station fixed station, particular care must be into full compliance with the author- taken by applicants/licensees to ensure ization and rules. that all appropriate TV/DTV stations (b) Intermodulation interference. Li- are considered (e.g., a base station may censees should attempt to resolve such be operating within TV Channel 62 and interference by technical means. the mobiles within TV Channel 67, in (c) Situations in which no protection is which case TV Channels 61, 62, 63, 66, 67 afforded. Except as provided elsewhere and 68 must be protected). Control, in this part, no protection from inter- fixed, and mobile stations shall keep a ference is afforded in the following sit- minimum distance of 96.5 kilometers uations: (60 miles) from all adjacent channel (1) Interference to base receivers from TV/DTV stations. Since mobiles and base or fixed transmitters. Licensees portables are able to move and commu- should attempt to resolve such inter- nicate with each other, licensees must ference by technical means or oper- determine the areas where the mobiles ating arrangements.

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(2) Interference to mobile receivers from 1995–2000 MHz band, where such inter- mobile transmitters. No protection is ference is due to: provided against mobile-to-mobile in- (1) The in-band power of any oper- terference. ations in 1995–2000 MHz (i.e., the por- (3) Interference to base receivers from tion transmit power contained in the mobile transmitters. No protection is 1995–2000 MHz band); or provided against mobile-to-base inter- (2) The portion of out-of-band emis- ference. sions contained in 2000–2005 MHz. (4) Interference to fixed stations. Li- (b) [Reserved] censees should attempt to resolve such [78 FR 8270, Feb. 5, 2013] interference by technical means or operating arrangements. § 27.66 Discontinuance, reduction, or (5) Anomalous or infrequent propaga- impairment of service. tion modes. No protection is provided (a) Involuntary act. If the service pro- against interference caused by tropo- vided by a fixed common carrier li- spheric and ionospheric propagation of censee, or a fixed common carrier oper- signals. ating on spectrum licensed to a Guard (d) Harmful interference to SDARS op- Band Manager, is involuntarily discon- erations requiring resolution. The fol- tinued, reduced, or impaired for a pe- lowing conditions will be presumed to riod exceeding 48 hours, the licensee constitute harmful interference to must promptly notify the Commission, SDARS operations from WCS oper- in writing, as to the reasons for dis- ations in the 2305–2320 MHz and 2345– continuance, reduction, or impairment 2360 MHz bands and require WCS opera- of service, including a statement when tors to work cooperatively with normal service is to be resumed. When SDARS operators to address areas normal service is resumed, the licensee where such power levels are exceeded must promptly notify the Commission. and harmful interference occurs: (b) Voluntary act by common carrier. If (1) A WCS ground signal level greater a fixed common carrier licensee, or a than ¥44 dBm in the upper or lower A fixed common carrier operating on or B block, or ¥55 dBm in the C or D spectrum licensed to a Guard Band block, present at a location on a road- Manager, voluntarily discontinues, re- way, where a test demonstrates that duces, or impairs service to a commu- SDARS service would be muted over a nity or part of a community, it must road distance of greater than 50 me- obtain prior authorization as provided ters; or under § 63.71 of this chapter. An appli- (2) A WCS ground signal level exceed- cation will be granted within 31 days ing ¥44 dBm in the upper or lower A or after filing if no objections have been B block, or ¥55 dBm in the C or D received. block on a test drive route, which is (c) Voluntary act by non-common car- mutually agreed upon by the WCS li- rier. If a fixed non-common carrier licensee and the SDARS licensee, for censee, or a fixed non-common carrier more than 1 percent of the cumulative operating on spectrum licensed to a surface road distance on that drive Guard Band Manager, voluntarily dis- route, where a test demonstrates that continues, reduces, or impairs service SDARS service would be muted over a to a community or part of a commu- cumulative road distance of greater nity, it must given written notice to than 0.5 percent (incremental to any the Commission within seven days. muting present prior to use of WCS fre- (d) Notifications and requests. Notifica- quencies in the area of that drive test). tions and requests identified in para- [62 FR 9658, Mar. 3, 1997, as amended at 78 FR graphs(a) through (c) of this section 9621, Feb. 11, 2013] should be sent to: Federal Communica- tions Commission, Common Carrier § 27.65 Acceptance of interference in Radio Services, 1270 Fairfield Road, 2000–2020 MHz. Gettysburg, Pennsylvania, 17325. (a) Receivers operating in the 2000– [65 FR 3149, Jan. 20, 2000; 65 FR 12483, Mar. 9, 2020 MHz band must accept inter- 2000, as amended at 65 FR 17605, Apr. 4, 2000; ference from lawful operations in the 65 FR 57267, Sept. 21, 2000]

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§ 27.70 Information exchange. SDARS licensees in the 2320–2345 MHz band to share information regarding (a) Prior notification. Public safety licensees authorized to operate in the the location and operation of terres- 758–775 MHz and 788–805 MHz bands may trial repeaters with WCS licensees in notify any licensee authorized to oper- the 2305–2320 MHz and 2345–2360 MHz ate in the 746–757 or 776–787 MHz bands bands. WCS licensees are encouraged to that they wish to receive prior notifi- develop separate coordination agree- cation of the activation or modifica- ments with SDARS licensees to facili- tion of the licensee’s base or fixed sta- tate efficient deployment of and coex- tions in their area. Thereafter, the 746– istence between each service. To the 757 or 776–787 MHz band licensee must extent the provisions of any such co- provide the following information to ordination agreement conflict with the the public safety licensee at least 10 requirements set forth herein, the pro- business days before a new base or cedures established under a coordina- fixed station is activated or an existing tion agreement will control. WCS li- base or fixed station is modified: censees must maintain a copy of any (1) Location; coordination agreement with an (2) Effective radiated power; SDARS licensee in their station files (3) Antenna height; and and disclose it to prospective assignees, (4) Channels available for use. transferees, or spectrum lessees and, (b) Purpose of prior notification. The upon request, to the Commission. prior coordination of base or fixed sta- (a) Sites and frequency selections. WCS tions is for informational purposes licensees must select base and fixed only. Public safety licensees are not af- station sites and frequencies, to the ex- forded the right to accept or reject the tent practicable, to minimize the possi- activation of a proposed base or fixed bility of harmful interference to oper- station or to unilaterally require ations in the SDARS 2320–2345 MHz changes in its operating parameters. band. The principal purposes of notification (b) Prior notice periods. WCS licensees are to: that intend to operate a base or fixed (1) Allow a public safety licensee to station must, before commencing such advise the 746–757 or 776–787 MHz band operation, provide 10 business days licensee whether it believes a proposed prior notice to all SDARS licensees. base or fixed station will generate un- WCS licensees that intend to modify an acceptable interference; existing station must, before com- (2) Permit 746–757 and 776–787 MHz mencing such modified operation, pro- band licensees to make voluntary vide 5 business days prior notice to all changes in base or fixed station param- SDARS licensees. For the purposes of eters when a public safety licensee this section, a business day is defined alerts them to possible interference; by § 1.4(e)(2) of this chapter. and, (1) For modifications other than (3) Rapidly identify the source if in- changes in location, a licensee may terference is encountered when the provide notice within 24 hours after the base or fixed station is activated. modified operation if the modification [72 FR 27712, May 16, 2007, as amended at 72 does not result in a predicted increase FR 48853, Aug. 24, 2007; 79 FR 599, Jan. 6, 2014] of the power flux density (PFD) at ground level by more than 1 dB since § 27.72 Information sharing require- the last advance notice was given. If a ments. demonstration is made by the SDARS This section requires WCS licensees licensee that such modifications may in the 2305–2320 MHz and 2345–2360 MHz cause harmful interference to SDARS bands to share information regarding receivers, WCS licensees will be re- the location and operation of base and quired to provide notice 5 business days fixed stations (except fixed customer in advance of additional station modi- premises equipment) with Satellite fications. Digital Audio Radio Service (SDARS) (2) WCS base and fixed stations oper- licensees in the 2320–2345 MHz band. ating below 2 watts equivalent Section 25.263 of this chapter requires isotropically radiated power (EIRP) are

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exempt from the notice requirements notification by some other means, that set forth in this paragraph. agreement must specify the method for (3) WCS and SDARS licensees may determining the beginning of the no- enter into agreements regarding alter- tice period. native notification procedures. (e) Duty to cooperate. WCS licensees (c) Contents of notice. (1) Notification must cooperate in good faith in the se- must be written (e.g., certified letter, lection and use of new station sites and fax, or e-mail) and include the licens- new frequencies to reduce interference ee’s name, and the name, address, and and make the most effective use of the telephone number of its coordination authorized facilities. WCS licensees representative, unless the SDARS li- should provide SDARS licensees as censee and all potentially affected WCS much lead time as practicable to pro- licensees reach a mutual agreement to vide ample time to conduct analyses provide notification by some other and opportunity for prudent base sta- means. WCS licensees and SDARS li- tion site selection prior to WCS licens- censees may establish such a mutually ees entering into real estate and tower agreeable alternative notification leasing or purchasing agreements. WCS mechanism without prior Commission licensees must have sufficient oper- approval, provided that they comply ational flexibility in their network de- with all other requirements of this sec- sign to implement one or more tech- tion. nical solutions to remedy harmful in- (2) Regardless of the notification terference. Licensees of stations suf- method, it must specify relevant tech- fering or causing harmful interference, nical details, including, at a minimum: as defined in § 27.64(d), must cooperate (i) The coordinates of the proposed in good faith and resolve such problems base or fixed stations to an accuracy of by mutually satisfactory arrange- no less than ±1 second latitude and lon- ments. If the licensees are unable to do gitude; so, the Wireless Telecommunications (ii) The proposed operating power(s), Bureau, in consultation with the Office frequency band(s), and emission(s); of Engineering and Technology and the (iii) The antenna center height above International Bureau, will consider the ground and ground elevation above actions taken by the parties to miti- mean sea level, both to an accuracy of gate the risk of and remedy any alleged no less than ±1 meter; interference. In determining the appro- (iv) The antenna gain pattern(s) in priate action, the Bureau will take into the azimuth and elevation planes that account the nature and extent of the include the peak of the main beam; and interference and act promptly to rem- (v) The antenna downtilt angle(s). edy the interference. The Bureau may (3) A WCS licensee operating base or impose restrictions on WCS licensees, fixed stations must maintain an accu- including specifying the transmitter rate and up-to-date inventory of its power, antenna height, or other tech- stations, including the information set nical or operational measures to rem- forth in § 27.72(c)(2), which shall be edy the interference, and will take into available upon request by the Commis- account previous measures by the lision. censees to mitigate the risk of inter- (d) Calculation of notice period. Notice ference. periods are calculated from the date of [75 FR 45071, Aug. 2, 2010, as amended at 78 receipt by the licensee being notified. FR 9622, Feb. 11, 2013] If notification is by mail, the date of receipt is evidenced by the return re- § 27.73 WCS, AMT, and Goldstone co- ceipt on certified mail. If notification ordination requirements. is by fax, the date of receipt is evi- This section requires Wireless Com- denced by the notifying party’s fax munications Services (WCS) licensees transmission confirmation log. If noti- in the 2305–2320 MHz and 2345–2360 MHz fication is by e-mail, the date of re- bands, respectively, to coordinate the ceipt is evidenced by a return e-mail deployment of base and fixed stations receipt. If the SDARS licensee and all (except fixed customer premises equip- potentially affected WCS licensees ment) with the Goldstone, CA Deep reach a mutual agreement to provide Space Network (DSN) facility in the

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2290–2300 MHz band and with Aero- sion, 445 12th Street SW., Washington, nautical Mobile Telemetry (AMT) fa- DC 20554, or at the National Archives cilities in the 2360–2395 MHz band; and and Records Administration (NARA). to take all practicable steps necessary For information on the availability of to minimize the risk of harmful inter- this material at NARA, call 202–741– ference to AMT and DSN facilities. 6030, or go to: http://www.archives.gov/ (a) WCS licensees operating base and federallregister/ fixed stations in the 2345–2360 MHz band codeloflfederallregulations/ must, prior to operation of such sta- ibrllocations.html. tions, achieve a mutually satisfactory (b) WCS licensees operating base and coordination agreement with the AMT fixed stations in the 2305–2320 MHz entity(ies) (i.e., FCC licensee(s) and/or band must, prior to operation of such Federal operator(s)) for any AMT receiver facility within 45 kilometers or stations, achieve a mutually satisfac- radio line of sight, whichever distance tory coordination agreement with the is larger, of the intended WCS base or National Aeronautics and Space Ad- fixed station location. The coordinator ministration (NASA) within 145 kilo- for the assignment of flight test fre- meters of the Goldstone, CA earth sta- quencies in the 2360–2390 MHz band, tion site (35°25′33″ N, 116°53′23″ W). Aerospace and Flight Test Radio Co- (c) After base or fixed station oper- ordination Council (AFTRCC) or suc- ations commence, upon receipt of a cessors of AFTRCC, will facilitate a complaint of harmful interference, the mutually satisfactory coordination WCS licensee(s) receiving the com- agreement between the WCS licensee(s) plaint, no matter the distance from the and AMT entity(ies) for existing AMT NASA Goldstone, CA earth station or receiver sites. The locations of current from an AMT site, operating in the Federal and non-Federal AMT receiver 2305–2320 or 2345–2360 MHz bands, re- sites may be obtained from AFTRCC at spectively, shall take all practicable Post Office Box 12822 Wichita, KS steps to immediately eliminate the in- 67277–2822, (316) 946–8826, or successor terference. frequency coordinators of AFTRCC. (d) Duty to cooperate. WCS licensees, Such coordination agreement shall pro- AFTRCC, and NASA must cooperate in vide protection to existing AMT re- good faith in the coordination and de- ceiver stations consistent with Inter- ployment of new facilities. WCS licens- national Telecommunication Union (ITU) Recommendation ITU–R M.1459, ees must also cooperate in good faith ‘‘Protection criteria for telemetry sys- in the selection and use of new station tems in the aeronautical mobile serv- sites and new frequencies when within ice and mitigation techniques to facili- radio line of site of AMT receiver fa- tate sharing with geostationary broad- cilities to reduce the risk of harmful casting-satellite and mobile-satellite interference and make the most effec- services in the frequency bands 1 452–1 tive use of the authorized facilities. Li- 525 MHz and 2 310–2 360 MHz May 2000 censees of stations suffering or causing edition,’’ adopted May 2000, as adjusted harmful interference must cooperate in using generally accepted engineering good faith and resolve such problems practices and standards to take into by mutually satisfactory arrange- account the local conditions and oper- ments. If the licensees are unable to do ating characteristics of the applicable so, the Wireless Telecommunications AMT and WCS facilities. This ITU doc- Bureau, in consultation with the Office ument is incorporated by reference in of Engineering and Technology and the accordance with 5 U.S.C. 552(a) and 1 National Telecommunications and In- CFR part 51 and approved by the Direc- formation Administration may impose tor of Federal Register. Copies of the restrictions including specifying the recommendation may be obtained from transmitter power, antenna height, or ITU, Place des Nations, 1211 Geneva 20, area or hours of operation of the sta- Switzerland, or online at http:// tions. www.itu.int/en/publications/Pages/default.aspx. You may inspect a copy at [75 FR 45072, Aug. 2, 2010, as amended at 78 the Federal Communications Commis- FR 9622, Feb. 11, 2013]

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§ 27.75 Basic interoperability require- Subpart D—Competitive Bidding ment. Procedures for the 2305–2320 (a)(1) Mobile and portable stations MHz and 2345–2360 MHz that operate on any portion of fre- Bands quencies in the paired 1755–1780 MHz and 2155–2180 MHz band must be capa- § 27.201 WCS in the 2305–2320 MHz ble of operating on all frequencies in and 2345–2360 MHz bands subject to the paired 1710–1780 MHz and 2110–2180 competitive bidding. MHz band, using the same air inter- Mutually exclusive initial applica- faces that the equipment utilizes on tions for WCS licenses in the 2305–2320 any frequencies in the paired 1710–1780 MHz and 2345–2360 MHz bands are sub- MHz and 2110–2180 MHz band. ject to competitive bidding. The gen- (2) Mobile and portable stations that eral competitive bidding procedures set operate on any portion of frequencies forth in part 1, subpart Q of this chap- in the 600 MHz band must be capable of ter will apply unless otherwise pro- operating on all frequencies in the 600 vided in this subpart. MHz band using the same air interfaces [67 FR 45373, July 9, 2002] that the equipment utilizes on any frequencies in the 600 MHz band. §§ 27.202–27.208 [Reserved] (3) Mobile and portable stations that operate on any portion of frequencies § 27.209 Designated entities; bidding in the 3700–3980 MHz band must be ca- credits; unjust enrichment. pable of operating on all frequencies in (a) Designated entities entitled to the 3700–3980 MHz band using the same preferences in the WCS in the 2305–2320 air interfaces that the equipment uti- and 2345–2360 bands auction are small lizes on any frequencies in the 3700–3980 businesses and very small businesses as MHz band. defined in § 27.110(b). Designated enti- (b) The basic interoperability re- ties will be eligible for bidding credits, quirement in paragraph (a) of this sec- as defined in paragraphs (b) and (c) of tion does not require a licensee to use this section. any particular industry standard. De- (b) A winning bidder that qualifies as vices may also contain functions that a small business may use a bidding cred- are not operational in U.S. Territories. it of 25 percent to lower the cost of its winning bid. [79 FR 32413, June 4, 2014, as amended at 79 (c) A winning bidder that qualifies as FR 48539, Aug. 15, 2014; 85 FR 22882, Apr. 23, a very small business may use a bidding 2020] credit of 35 percent to lower the cost of § 27.77 Restriction on mobile and port- its winning bid. able equipment in the 1695–1710 [62 FR 9658, Mar. 3, 1997, as amended at 63 FR MHz and 1755–1780 MHz bands. 2349, Jan. 15, 1998; 65 FR 57268, Sept. 21, 2000; Mobile and portable stations in the 67 FR 45373, July 9, 2002] 1695–1710 MHz and 1755–1780 MHz bands may operate only when under the con- § 27.210 Definitions. trol of a base station. Base stations (a) Scope. The definitions in this sec- that enable mobile or portable equip- tion apply to § 27.209, unless otherwise ment to operate in the 1695–1710 MHz specified in those sections. and 1755–1780 MHz band are subject to (b) Small and very small business. (1) A prior coordination requirements. See small business is an entity that, to- § 27.1134 (Protection of Federal Govern- gether with its affiliates and control- ment operations). ling interests, has average annual gross revenues that are not more than $40 [79 FR 32413, June 4, 2014] million for the preceding three years. (2) A very small business is an entity that, together with its affiliates and controlling interests, has average annual gross revenues that are not more

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than $15 million for the preceding three (b) CMRS operators must wait at years. least 10 business days after submission of the required description before com- [67 FR 45373, July 9, 2002, as amended at 68 FR 43000, July 21, 2003] mencing operations on the referenced facility, or implementing modifica- Subpart E—Application, Licensing, tions to an existing facility. (c) The potential for harmful inter- and Processing Rules for WCS ference between the CMRS and public § 27.301 [Reserved] safety facilities will be evaluated by the public safety coordinator. § 27.302 Eligibility. (1) With regard to existing public (a) General. Authorizations will be safety facilities, the coordinator’s de- granted upon proper application if: termination to disapprove a proposed CMRS facility (or modification) to be (1) The applicant is qualified under the applicable laws and the regula- located within 500 meters of the public tions, policies and decisions issued safety facilities will be presumed cor- under those laws, including § 27.12; rect, but the CMRS operator may seek (2) There are frequencies available to Commission review of such determina- provide satisfactory service; and tions. Pending Commission review, the CMRS operator will not activate the (3) The public interest, convenience or necessity would be served by a facility or implement proposed modi- grant. fications. (b) Alien Ownership. A WCS author- (2) With regard to proposed public ization may not be granted to or held safety facilities, the coordinator’s de- by an entity not meeting the require- termination to disapprove a proposed ments of section 310 of the Communica- CMRS facility (or modification) to be tions Act of 1934, as amended, 47 U.S.C. located within 500 meters of the public section 310 insofar as applicable to the safety facilities will be presumed cor- particular service in question. rect, but the CMRS operator may seek Commission review and, pending com- § 27.303 Upper 700 MHz commercial pletion of review, operate the facility and public safety coordination during construction of the public safe- zone. ty facilities. If coordination or Com- (a) General. CMRS operators are re- mission review has not been completed quired, prior to commencing operations when the public safety facilities are on fixed or base station transmitters ready to operate, the CMRS operator on the 776–787 MHz band that are lo- must cease operations pending comple- cated within 500 meters of existing or tion of coordination or Commission re- planned public safety base station review. Such interim operation of the ceivers, to submit a description of their CMRS facility within the coordination proposed facility to a Commission-ap- zone (or implementation of modifica- proved public safety coordinator. tions) will not be relied on by the Com- (i) The frequency or frequencies on mission in its subsequent review and which the facility will operate; determination of measures necessary (ii) Antenna location and height; to control interference, including relo- (iii) Type of emission; cation or modification of the CMRS facility. (iv) Effective radiated power; (v) A description of the area served (d) If, in the event of harmful inter- and the operator’s name. ference between facilities located with- (2) It is the CMRS operator’s respon- in 500 meters proximity, the parties are sibility to determine whether referral unable, with the involvement of the co- is required for stations constructed in ordinator, to resolve the problem by its area of license. Public safety base mutually satisfactory arrangements, stations are considered ‘‘planned’’ the Commission may impose restric- when public safety operators have noti- tions on the operations of any of the fied, or initiated coordination with, a parties involved. Commission-approved public safety co- [67 FR 49245, July 30, 2002, as amended at 72 ordinator. FR 48853, Aug. 24, 2007; 79 FR 599, Jan. 6, 2014]

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§§ 27.304–27.307 [Reserved] chapter will apply unless otherwise provided in this subpart. § 27.308 Technical content of applications. [79 FR 600, Jan. 6, 2014] All applications required by this part § 27.502 Designated entities. shall contain all technical information Eligibility for small business provi- required by the application forms or sions: associated public notice(s). Applica- (a)(1) A small business is an entity tions other than initial applications for that, together with its controlling in- a WCS license must also comply with terests and affiliates, has average gross all technical requirements of the rules revenues not exceeding $40 million for governing the applicable frequency the preceding three years. band (see subparts C, D, F, and G of (2) A very small business is an entity this part, as appropriate). that, together with its controlling interests and affiliates, has average gross [65 FR 57268, Sept. 21, 2000] revenues not exceeding $15 million for the preceding three years. §§ 27.310–27.320 [Reserved] (b) Bidding credits. A winning bidder § 27.321 Mutually exclusive applica- that qualifies as a small business or a tions. consortium of small businesses as defined in this section may use the bid- (a) Two or more pending applications ding credit specified in § 1.2110(f)(2)(iii) are mutually exclusive if the grant of of this chapter. A winning bidder that one application would effectively pre- qualifies as a very small business or a clude the grant of one or more of the consortium of very small businesses as others under the Commission’s rules defined in this section may use the bid- governing the Wireless Communica- ding credit specified in § 1.2110(f)(2)(ii) tions Services involved. The Commis- of this chapter. sion uses the general procedures in this section for processing mutually exclu- [72 FR 63499, Nov. 9, 2007] sive applications in the Wireless Com- munications Services. Subpart G— Guard Band A and B (b) An application will be entitled to Blocks (757–758/787–788 MHz comparative consideration with one or and 775–776/805–806 MHz more conflicting applications only if Bands) the Commission determines that such comparative consideration will serve SOURCE: 65 FR 17605, Apr. 4, 2000, unless the public interest. otherwise noted.

§§ 27.322–27.325 [Reserved] § 27.601 Authority and coordination requirements. Subpart F—Competitive Bidding (a) Subject to the provisions of Procedures for the 698–806 § 27.2(b), a Guard Band licensee may allow a spectrum lessee, pursuant to a MHz Band spectrum lease arrangement under part 1, subpart X of this chapter, to con- SOURCE: 65 FR 3149, Jan. 20, 2000, unless struct and operate stations at any otherwise noted. available site within the licensed area and on any channel for which the § 27.501 746–758 MHz, 775–788 MHz, Guard Band licensee is licensed, pro- and 805–806 MHz bands subject to vided such stations comply with Com- competitive bidding. mission Rules and coordination re- Mutually exclusive initial applica- quirements. tions for licenses in the 746–758 MHz, (b) Subject to the provisions of 775–788 MHz, and 805–806 MHz bands are § 27.2(b), a Guard Band licensee may subject to competitive bidding. The allow a spectrum lessee, pursuant to a general competitive bidding procedures spectrum lease arrangement under part set forth in part 1, subpart Q of this 1, subpart X of this chapter, to delete,

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move or change the operating param- with the notification and authorization eters of any of the user’s stations that requirements set forth in that section. are covered under the Guard Band li- [72 FR 27712, May 16, 2007, as amended at 72 censee’s authorization without prior FR 48853, Aug. 24, 2007] Commission approval, provided such stations comply with Commission § 27.602 Lease agreements. Rules and coordination requirements. Guard Band licensees may enter into (c) Frequency coordination. (1) A spectrum leasing arrangements under Guard Band licensee, or a spectrum les- part 1, subpart X of this chapter re- see operating at 775–776 MHz and 805– garding the use of their licensed spec- 806 MHz pursuant to a spectrum lease trum by spectrum lessees, subject to arrangement under §§ 1.9030 and 1.9035 the following conditions: of this chapter, must notify Commis- (a) The spectrum lease agreement be- sion-recognized public safety frequency tween the licensee and the spectrum coordinators for the 700 MHz Public lessee must specify in detail the oper- Safety band and adjacent-area Guard ating parameters of the spectrum les- Band licensees within one business day see’s system, including power, max- after the licensee or the spectrum les- imum antenna heights, frequencies of see has: operation, base station location(s), (i) Coordinated a new station or area(s) of operation, and other param- modification of an existing station; or eters specified in Commission rules for (ii) Filed an application for an indi- the use of spectrum identified in vidual station license with the Com- § 27.5(b)(1) and (b)(2). mission. (b) The spectrum lease agreement (2) The notification required in para- must require the spectrum lessee to graph (c)(1) of this section must in- use Commission-approved equipment clude, at a minimum— where appropriate and to complete (i) The frequency or frequencies co- post-construction proofs of system per- ordinated; formance prior to system activation. (ii) Antenna location and height; (iii) Type of emission; [72 FR 27713, May 16, 2007] (iv) Effective radiated power; (v) A description of the service area, § 27.604 Limitation on licenses won at date of coordination, and user name or, auction. in the alternative, a description of the (a) For the first auction of licenses in type of operation. Blocks A and B, as defined in § 27.5, no (3) In the event a licensee partitions applicant may be deemed the winning its service area or disaggregates its bidder of both a Block A and a Block B spectrum, it is required to submit the license in a single geographic service notification required in paragraph area. (c)(1) of this section to other Guard (b) For purposes of paragraph (a) of Band licensees in the same geographic this section, licenses will be deemed to area. be won by the same bidder if an entity (4) Entities coordinated by a Guard that wins one license at the auction is Band licensee, or a spectrum lessee op- an affiliate of any other entity that erating pursuant to a spectrum lease wins a license at the auction. arrangement under §§ 1.9030 and 1.9035 of this chapter, must wait at least 10 § 27.607 Performance requirements business days after the notification re- and annual reporting requirement. quired in paragraph (c)(1) of this sec- (a) Guard Band licensees are subject tion before operating under the license. to the performance requirements speci- (d) Where a deletion, move or change fied in § 27.14(a). authorized under paragraph (b) of this (b) Guard Band licensees are required section constitutes a discontinuance, to file an annual report providing the reduction, or impairment of service Commission with information about under § 27.66 or where discontinuance, the manner in which their spectrum is reduction or impairment of service re- being utilized. Such reports shall be sults from an involuntary act subject filed with the Commission on a cal- to § 27.66(a), the licensee must comply endar year basis, no later than the

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March 1 following the close of each cal- revenues not exceeding $15 million for endar year, unless another filing date the preceding three years. is specified by Public Notice. (3) A small business is an entity that, (c) Guard Band licensees must, at a together with its controlling interests minimum, include the following infor- and affiliates, has average gross reve- mation in their annual reports: nues not exceeding $40 million for the (1) The total number of spectrum les- preceding three years. sees; (b) Bidding credits. A winning bidder (2) The amount of the licensee’s spec- that qualifies as an entrepreneur, as trum being used pursuant to spectrum defined in this section, or a consortium lease agreements; of entrepreneurs may use the bidding (3) The nature of the spectrum use of credit specified in § 1.2110(f)(2)(i) of this the licensee’s customers; and, chapter. A winning bidder that quali- (4) The length of term of each spec- fies as a very small business, as defined trum lease agreement, and whether the in this section, or a consortium of very agreement is a spectrum manager lease small businesses may use the bidding agreement, or a de facto transfer lease credit specified in § 1.2110(f)(2)(ii) of agreement. this chapter. A winning bidder that (d) The specific information that li- qualifies as a small business, as defined censees will provide and the procedures in this section, or a consortium of that they will follow in submitting small businesses may use the bidding their annual reports will be announced credit specified in § 1.2110(f)(2)(iii) of in a Public Notice issued by the Wire- this chapter. less Telecommunications Bureau. [67 FR 5512, Feb. 6, 2002, as amended at 68 FR [72 FR 27713, May 16, 2007] 43000, July 21, 2003]

Subpart H—Competitive Bidding Subpart I—1.4 GHz Band Procedures for the 698–746 MHz Band SOURCE: 67 FR 41855, June 20, 2002, unless otherwise noted. SOURCE: 67 FR 5512, Feb. 6, 2002, unless otherwise noted. § 27.801 Scope. This subpart sets out the regulations § 27.701 698–746 MHz bands subject to governing service in the paired 1392– competitive bidding. 1395 MHz and 1432–1435 MHz bands as Mutually exclusive initial applica- well as the unpaired 1390–1392 MHz tions for licenses in the 698–746 MHz band (1.4 GHz band). band are subject to competitive bidding. The general competitive bidding § 27.802 Permissible communications. procedures set forth in part 1, subpart Licensees in the paired 1392–1395 MHz Q of this chapter will apply unless oth- and 1432–1435 MHz bands and unpaired erwise provided in this subpart. 1390–1392 MHz band are authorized to [67 FR 45374, July 9, 2002] provide fixed or mobile service, except aeronautical mobile service, subject to § 27.702 Designated entities. the technical requirements of this sub- (a) Eligibility for small business provi- part. sions. (1) An entrepreneur is an entity that, together with its controlling in- § 27.803 Coordination requirements. terests and affiliates, has average gross (a) Licensees in the 1.4 GHz band will revenues not exceeding $3 million for be issued geographic area licenses in the preceding three years. This defini- accordance with the service areas list- tion applies only with respect to li- ed in § 27.6(d) and (e). censes in Block C (710–716 MHz and 740– (b) Licensees in the 1.4 GHz Service 746 MHz) as specified in § 27.5(c)(1). must file a separate station application (2) A very small business is an entity with the Commission and obtain an in- that, together with its controlling individual station license, prior to con- terests and affiliates, has average gross struction or operation, of any station:

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(1) That requires submission of an must function as a 1.4 GHz band li- Environmental Assessment under part censee and is subject to the obligations 1, § 1.1307 of this chapter; and restrictions on the 1.4 GHz band li- (2) That requires international co- cense as set forth in this subpart. ordination; (3) That operates in areas listed in § 27.806 1.4 GHz service licenses subpart 1, § 1.924 of this chapter; or ject to competitive bidding. (4) That requires approval of the Fre- Mutually exclusive initial applica- quency Advisory Subcommittee (FAS) tions for 1.4 GHz Band licenses in the of the Interdepartment Radio Advisory paired 1392–1395 MHz and 1432–1435 MHz Committee (IRAC). Licensees in the bands as well as the unpaired 1390–1392 1432–1435 MHz band must receive FAS MHz band are subject to competitive approval, prior to operation of fixed bidding. The general competitive bid- sites or mobile units within the NTIA recommended protection radii of the ding procedures set forth in part 1, sub- Government sites listed in footnote part Q of this chapter will apply unless US83 of § 2.106 of this chapter. otherwise provided in this subpart. (c) Prior to construction of a station, a licensee in the 1.4 GHz Band must § 27.807 Designated entities. register with the Commission any sta- (a) Eligibility for small business pro- tion antenna structure for which noti- visions for 1.4 GHz band licenses in the fication to the Federal Aviation Ad- paired 1392–1395 MHz and 1432–1435 MHz ministration is required by part 17 of bands and the unpaired 1390–1392 MHz this chapter. band. (d) It is the licensee’s responsibility (1) A very small business is an entity to determine whether an individual that, together with its controlling in- station needs referral to the Commis- terests and affiliates, has average an- sion. nual gross revenues not exceeding $15 (e) The application required in para- million for the preceding three years. graph (b) of this chapter must be filed (2) A small business is an entity that, on the Universal Licensing System. together with its controlling interests [67 FR 41855, June 20, 2002, as amended at 69 and affiliates, has average annual gross FR 17958, Apr. 6, 2004; 80 FR 38908, July 7, revenues not exceeding $40 million for 2015] the preceding three years. § 27.804 Field strength limits at WMTS (b) Bidding credits. A winning bidder facility. that qualifies as a very small business, as defined in this section, or a consor- For any operation in the 1392–1395 tium of very small businesses may use MHz band, the predicted or measured the bidding credit specified in field strength—into the WMTS band at 1395–1400 MHz—shall not exceed 150 uV/ § 1.2110(f)(2)(ii) of this chapter. A win- m at the location of any registered ning bidder that qualifies as a small WMTS healthcare facility. When per- business, as defined in this section, or forming measurements to determine a consortium of small businesses may compliance with this provision, meas- use the bidding credit specified in urement instrumentation employing § 1.2110(f)(2)(iii) of this chapter. an average detector and a resolution [67 FR 41855, June 20, 2002, as amended at 68 bandwidth of 1 MHz may be used, pro- FR 43000, July 21, 2003] vided it accurately represents the true interference potential of the equip- Subpart J—1670–1675 MHz Band ment.

§ 27.805 Geographic partitioning and SOURCE: 67 FR 41856, June 20, 2002, unless spectrum disaggregation. otherwise noted. An entity that acquires a portion of a 1.4 GHz band licensee’s geographic area § 27.901 Scope. or spectrum subject to a geographic This subpart sets out the regulations partitioning or spectrum governing service in the 1670–1675 MHz disaggregation agreement under § 27.15 band (1670–1675 MHz band).

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§ 27.902 Permissible communications. ding. The general competitive bidding Licensees in the 1670–1675 MHz band procedures set forth in part 1, subpart are authorized to provide fixed or mo- Q of this chapter will apply unless oth- bile service, except aeronautical mo- erwise provided in this subpart. bile service, subject to the technical § 27.906 Designated entities. requirements of this subpart. (a) Eligibility for small business provi- § 27.903 Coordination requirements. sions. (1) A very small business is an (a) The licensee in the 1670–1675 MHz entity that, together with its control- band will be issued a geographic area ling interests and affiliates, has aver- license on a nationwide basis in accord- age annual gross revenues not exceed- ance with § 27.6(f). ing $15 million for the preceding three (b) Licensees in the 1670–1675 MHz years. band must file a separate station appli- (2) A small business is an entity that, cation with the Commission and obtain together with its controlling interests an individual station license, prior to and affiliates, has average annual gross construction or operation, of any sta- revenues not exceeding $40 million for tion: the preceding three years. (1) That requires submission of an (b) Bidding credits. A winning bidder Environmental Assessment under part that qualifies as a very small business, 1, § 1.1307 of this chapter; as defined in this section, or a consor- (2) That requires international co- tium of very small businesses may use ordination; the bidding credit specified in (3) That operates in areas listed § 1.2110(f)(2)(ii) of this chapter. A win- under part 1, § 1.924 of this chapter. ning bidder that qualifies as a small (c) The application required in para- business, as defined in this section, or graph (b) of this section must be filed a consortium of small businesses may on the Universal Licensing System. use the bidding credit specified in (d) Prior to construction of a station, § 1.2110(f)(2)(iii) of this chapter. a licensee must register with the Com- [67 FR 41856, June 20, 2002, as amended at 68 mission any station antenna structure FR 43000, July 21, 2003] for which notification to the Federal Aviation Administration is required by Subpart K—1915–1920 MHz and part 17 of this chapter. 1995–2000 MHz (e) It is the licensee’s responsibility to determine whether an individual station requires referral to the Com- SOURCE: 78 FR 50257, Aug. 16, 2013, unless mission. otherwise noted. [67 FR 41856, June 20, 2002, as amended at 69 LICENSING AND COMPETITIVE BIDDING FR 17958, Apr. 6, 2004] PROVISIONS

§ 27.904 Geographic partitioning and § 27.1001 1915–1920 MHz and 1995–2000 spectrum disaggregation. MHz bands subject to competitive An entity that acquires a portion of a bidding. 1670–1675 MHz band licensee’s geo- Mutually exclusive initial applica- graphic area or spectrum subject to a tions for 1915–1920 MHz and 1995–2000 geographic partitioning or spectrum MHz band licenses are subject to com- disaggregation agreement under § 27.15 petitive bidding. The general competi- must function as a 1670–1675 MHz li- tive bidding procedures set forth in 47 censee and is subject to the obligations CFR part 1, subpart Q will apply unless and restrictions on the 1670–1675 MHz otherwise provided in this subpart. license as set forth in this subpart. § 27.1002 Designated entities in the § 27.905 1670–1675 MHz service li- 1915–1920 MHz and 1995–2000 MHz censes subject to competitive bid- bands. ding. Eligibility for small business provi- Mutually exclusive initial applica- sions: tions for the 1670–1675 MHz Band li- (a)(1) A small business is an entity cense are subject to competitive bid- that, together with its affiliates, its

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controlling interests, and the affiliates (2) Except as provided in paragraphs of its controlling interests, has average (b) and (c) of this section, a licensee gross revenues not exceeding $40 mil- that obtains a license for a market in lion for the preceding three years. which no license is granted as a result (2) A very small business is an entity of the first Lower H Block auction will that, together with its affiliates, its not have a reimbursement obligation controlling interests, and the affiliates to UTAM, Inc. of its controlling interests, has average (b) If Lower H Block licenses granted gross revenues not exceeding $15 mil- as a result of the first auction for this lion for the preceding three years. spectrum cover, collectively, less than (b) Bidding credits. A winning bidder forty (40) percent of the nation’s popu- that qualifies as a small business as de- lation, then the pro rata amount that fined in this section or a consortium of the licensee of an individual Lower H small businesses may use the bidding Block license must reimburse UTAM, credit specified in § 1.2110(f)(2)(iii) of Inc. shall be calculated by dividing the this chapter. A winning bidder that population of the individual EA by the qualifies as a very small business as de- total U.S. population, and then multi- fined in this section or a consortium of plying by $12,629,857. In this event, the very small businesses may use the bid- same population data, e.g., 2010, used ding credit specified in § 1.2110(f)(2)(ii) to calculate the RNs for Lower H Block of this chapter. licenses granted as a result of the first auction will apply to subsequent auc- [78 FR 50257, Aug. 16, 2013, as amended at 80 tions of Lower H Block licenses that FR 56816, Sept. 18, 2015] were not granted as a result of an earlier auction of Lower H Block licenses. REIMBURSEMENT OBLIGATION OF LICENS- RN = (EA POP ÷ U.S. POP) × EES AT 1915–1920 MHZ AND 1995–2000 $12,629,857.00 MHZ (c) A winning bidder of a Lower H § 27.1021 Reimbursement obligation of Block license that is not granted a li- licensees at 1915–1920 MHz. cense for any reason will be deemed to have triggered a reimbursement obliga- A licensee in the 1915–1920 MHz band tion to UTAM, Inc. This obligation will (Lower H Block) shall, within 30 days be owed to UTAM, Inc. by the licensee of grant of its long-form application, acquiring the Lower H Block license reimburse 25 percent of the total relo- through a subsequent auction. The cation costs incurred by UTAM, Inc. amount owed by the licensee acquiring for relocating and clearing incumbent the Lower H Block license at such auc- Fixed Microwave Service (FS) licensees tion will be the RN calculated for the from the 1910–1930 MHz band on a pro EA license based on the first auction rata shared basis with other Lower H (calculated under paragraphs (a) or (b), Block licensees as set forth in para- as applicable, of this section). graphs (a) through (e) of this section. (d) For purposes of compliance with (a)(1) If Lower H Block licenses this section, licensees should deter- granted as a result of the first auction mine population based on 2010 U.S. for this spectrum cover, collectively, Census Data or such other data or at least forty (40) percent of the na- measurements that the Wireless Tele- tion’s population, the amount owed to communications Bureau proposes and UTAM, Inc. by each individual Lower H adopts under the notice and comment Block licensee (reimbursement amount process for the auction procedures. owed or RN) will be determined by di- (e) A payment obligation owed by a viding the gross winning bid (GWB) for Lower H Block licensees under this sec- each individual Lower H Block license tion shall be made within thirty (30) (i.e., an Economic Area (EA)) by the days of the grant of the license (i.e., sum of the gross winning bids for all grant of the long form application). Lower H Block licenses for which there is a winning bid in the first auction, § 27.1031 Reimbursement obligation of and then multiplying by $12,629,857. licensees at 1995–2000 MHz. RN = (EA GWB ÷ Sum of GWBs) × A licensee in the 1995–2000 MHz band $12,629,857.00 (Upper H Block) shall, within 30 days of

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grant of its long-form application, re- (c) A winning bidder of an Upper H imburse one-seventh of the eligible ex- Block license that is not granted a li- penses incurred by Sprint Nextel, Inc. cense for any reason will be deemed to (Sprint) for relocating and clearing have triggered a reimbursement obliga- Broadcast Auxiliary Service (BAS), tion to Sprint. This obligation will be Cable Television Relay Service (CARS), owed to Sprint by the licensee acquir- and Local Television Transmission ing the Upper H Block license through Service (LTTS) incumbents from the a subsequent auction. The amount 1990–2025 MHz band, on a pro rata owed by the licensee acquiring the EA shared basis with other Upper H Block license at such auction will be based on licensees as set forth in paragraphs (a) the RN calculated for the EA license through (e) of this section. based on the first auction (calculated (a)(1) If Upper H Block licenses grant- under paragraphs (a) or (b), as applica- ed as a result of the first auction for ble, of this section). this spectrum cover, collectively, at (d) For purposes of compliance with least forty (40) percent of the nation’s this section, licensees should deter- population, the amount owed to Sprint mine population based on 2010 U.S. by the winning bidder of each indi- Census Data or such other data or vidual Upper H Block license granted measurements that the Wireless Tele- as a result of the first auction will be determined by dividing the gross win- communications Bureau proposes and ning bid (GWB) for each individual adopts under the notice and comment Upper H Block license (i.e., an Eco- process for the auction procedures. nomic Area (EA)) by the sum of the (e) A payment obligation owed by a gross winning bids for all Upper H Upper H Block licensees under this sec- Block licenses for which there is a win- tion shall be made within thirty (30) ning bid in the first auction, and then days of the grant of the license (i.e., multiplying by $94,875,516. grant of the long form application). RN = (EA GWB ÷ Sum of GWBs) × § 27.1041 Termination of cost-sharing $94,875,516 obligations. (2) Except as provided in paragraphs (a) The cost-sharing obligation (b) and (c) of this section, a licensee adopted in this subpart for the Lower H that obtains a license for a market in Block and for the Upper H Block will which no license was granted as a re- sunset ten years after the first license sult of the first Upper H Block auction will not have a reimbursement obliga- is issued in the respective band. tion to Sprint. (b) A Lower H Block licensee and an (b) If Upper H Block licenses granted Upper H Block licensee must satisfy in as a result of the first auction for this full its payment obligations under this spectrum cover, collectively, less than subpart K within thirty days of the forty (40) percent of the nation’s popu- grant of its long-form application. The lation, then the amount that the li- failure to timely satisfy a payment ob- censee of an individual Upper H Block ligation in full prior to the applicable license must reimburse Sprint shall be sunset date will not terminate the debt calculated by dividing the population owed or a party’s right to collect the of the individual EA by the total U.S. debt. population, and then multiplying by $94,875,516. In this event, the same pop- Subpart L—1695–1710 MHz, 1710– ulation data, e.g., 2010, used to cal- 1755 MHz, 1755–1780 MHz, culate the RNs for Upper H Block li- 2110–2155 MHz, 2155–2180 censes granted as a result of the first auction will apply to subsequent auc- MHz, 2180–2200 MHz Bands tions of Upper H Block licenses that were not granted as a result of an ear- SOURCE: 69 FR 5716, Feb. 6, 2004, unless oth- lier auction of Upper H Block licenses. erwise noted. RN = (EA POP ÷ U.S. POP) × $94,875,516

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LICENSING AND COMPETITIVE BIDDING CFR part 1, subpart Q will apply unless PROVISIONS otherwise provided in this subpart.

§ 27.1101 1710–1755 MHz and 2110–2155 [78 FR 8270, Feb. 5, 2013] MHz bands subject to competitive bidding. § 27.1104 Designated Entities in the 2000–2020 MHz and 2180–2200 MHz Mutually exclusive initial applica- bands. tions for 1710–1755 MHz and 2110–2155 Eligibility for small business provi- MHz band licenses are subject to com- sions: petitive bidding. The general competi- (a) Small business. (1) A small business tive bidding procedures set forth in 47 is an entity that, together with its af- CFR part 1, subpart Q will apply unless filiates, its controlling interests, and otherwise provided in this subpart. the affiliates of its controlling interests, has average gross revenues not ex- § 27.1102 Designated Entities in the ceeding $40 million for the preceding 1710–1755 MHz and 2110–2155 MHz three years. bands. (2) A very small business is an entity (a) Eligibility for small business provi- that, together with its affiliates, its sions. (1) A small business is an entity controlling interests, and the affiliates that, together with its affiliates, its of its controlling interests, has average controlling interests and the affiliates gross revenues not exceeding $15 mil- of its controlling interests, has average lion for the preceding three years. gross revenues that are not more than (b) Bidding credits. A winning bidder $40 million for the preceding three that qualifies as a small business as de- years. fined in this section or a consortium of (2) A very small business is an entity small businesses may use the bidding that, together with its affiliates, its credit specified in § 1.2110(f)(2)(iii) of controlling interests and the affiliates this chapter. A winning bidder that of its controlling interests, has average qualifies as a very small business as de- gross revenues that are not more than fined in this section or a consortium of $15 million for the preceding three very small businesses may use the bid- years. ding credit specified in § 1.2110(f)(2)(ii) (b) Bidding credits. (1) A winning bid- of this chapter. der that qualifies as a small business, [78 FR 8270, Feb. 5, 2013, as amended at 80 FR as defined in this section, or a consor- 56816, Sept. 18, 2015] tium of small businesses may use a bidding credit of 15 percent, as specified in § 27.1105 1695–1710 MHz, 1755–1780 § 1.2110(f)(2)(iii) of this chapter, to MHz and 2155–2180 MHz bands sub- lower the cost of its winning bid on any ject to competitive bidding. of the licenses in this part. Mutually exclusive initial applica- (2) A winning bidder that qualifies as tions for 1695–1710 MHz, 1755–1780 MHz, a very small business, as defined in this and 2155–2180 MHz band licenses are section, or a consortium of very small subject to competitive bidding. The businesses may use a bidding credit of general competitive bidding procedures 25 percent, as specified in set forth in 47 CFR part 1, subpart Q § 1.2110(f)(2)(ii) of this chapter, to lower will apply unless otherwise provided in the cost of its winning bid on any of this subpart. the licenses in this part. [79 FR 32413, June 4, 2014]

§ 27.1103 2000–2020 MHz and 2180–2200 § 27.1106 Designated Entities in the MHz bands subject to competitive 1695–1710 MHz, 1755–1780 MHz, and bidding. 2155–2180 MHz bands. Mutually exclusive initial applica- Eligibility for small business provi- tions for 2000–2020 MHz and 2180–2200 sions: MHz band licenses are subject to com- (a) Small business. (1) A small business petitive bidding. The general competi- is an entity that, together with its af- tive bidding procedures set forth in 47 filiates, its controlling interests, and

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the affiliates of its controlling inter- tion in the 2110–2180 MHz band, shall ests, has average gross revenues not ex- follow the provisions of § 27.1255. ceeding $40 million for the preceding [79 FR 32414, June 4, 2014] three (3) years. (2) A very small business is an entity § 27.1133 Protection of part 74 and that, together with its affiliates, its part 78 operations. controlling interests, and the affiliates AWS operators must protect pre- of its controlling interests, has average viously licensed Broadcast Auxiliary gross revenues not exceeding $15 mil- Service (BAS) or Cable Television lion for the preceding three (3) years. Radio Service (CARS) operations in the (b) A winning bidder Bidding credits. adjacent 2025–2110 MHz band. In satis- that qualifies as a small business as de- fying this requirement AWS licensees fined in this section or a consortium of must, before constructing and oper- small businesses may use the bidding ating any base or fixed station, deter- credit specified in § 1.2110(f)(2)(iii) of mine the location and licensee of all this chapter. A winning bidder that BAS or CARS stations authorized in qualifies as a very small business as de- their area of operation, and coordinate fined in this section or a consortium of their planned stations with those li- very small businesses may use the bid- censees. In the event that mutually ding credit specified in § 1.2110(f)(2)(ii) satisfactory coordination agreements of this chapter. cannot be reached, licensees may seek [79 FR 32413, June 4, 2014, as amended at 80 the assistance of the Commission, and FR 56816, Sept. 18, 2015] the Commission may, at its discretion, impose requirements on one or both RELOCATION OF INCUMBENTS parties.

§ 27.1111 Relocation of fixed micro- § 27.1134 Protection of Federal Gov- wave service licensees in the 2110– ernment operations. 2150 and 2160–2200 MHz bands. (a) Protection of Department of Defense Part 22, subpart E and part 101, sub- operations in the 1710–1755 MHz band. part B of this chapter contain provi- The Department of Defense (DoD) oper- sions governing the relocation of in- ates communications systems in the cumbent fixed microwave service li- 1710–1755 MHz band at 16 protected fa- censees in the 2110–2150 MHz and 2160– cilities, nationwide. AWS licensees 2200 MHz bands. must accept any interference received [79 FR 32414, June 4, 2014] from these facilities and must protect the facilities from interference. AWS PROTECTION OF INCUMBENT OPERATIONS licensees shall protect the facilities from interference by restricting the op- § 27.1131 Protection of part 101 oper- eration of their base and fixed stations ations. from any locations that could poten- All AWS licensees, prior to initiating tially permit AWS mobile, fixed, and operations from any base or fixed sta- portable stations transmitting in the tion, must coordinate their frequency 1710–1755 MHz band to cause inter- usage with co-channel and adjacent- ference to government operations with- channel incumbent, 47 CFR part 101 in the radii of operation of the 16 facili- fixed-point-to-point microwave licens- ties (the radii of operation of each fa- ees operating in the 2110–2150 MHz and cility is indicated in the third column 2160–2200 MHz bands. Coordination of Table 1 immediately following para- shall be conducted in accordance with graph (a)(3) of this section). In addi- the provisions of § 24.237 of this chap- tion, AWS licensees shall be required ter. to coordinate any operations that [79 FR 32414, June 4, 2014] could permit mobile, fixed, and portable stations to operate in the specified § 27.1132 Protection of incumbent op- areas of the 16 facilities, as defined in erations in the 2150–2160/62 MHz paragraph (a)(3) of this section. Protec- band. tion of these facilities in this manner All AWS licensees, prior to initiating shall take place under the following operations from any base or fixed sta- conditions:

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(1) At the Yuma, Arizona and Cherry meters above ground or less shall co- Point, North Carolina facilities, all op- ordinate their services around the 16 erations shall be protected indefi- sites at the distance specified in row a. nitely. of Table 2. AWS licensees whose trans- (2) At the remaining 14 facilities, air- mit operations in the 1710–1755 MHz borne and military test range oper- band consist of fixed or mobile operations shall be protected until such ations with nominal transmit EIRP time as these systems are relocated to values of 1 W or less and antenna other spectrum, and precision guided heights of 10 meters above ground or munitions (PGM) operations shall be less shall coordinate their services protected until such time as these sys- around the 16 sites at the distance tems are relocated to other spectrum specified in row b. of Table 2. These co- or until PGM inventory at each facility ordination distances shall be measured is exhausted, whichever occurs first. from the edge of the operational dis- (3) AWS licensees whose transmit op- tances indicated in the third column of erations in the 1710–1755 MHz band con- Table 1, and coordination with each af- sist of fixed or mobile operations with fected DoD facility shall be accom- nominal transmit EIRP values of 100 plished through the Commander of the mW or less and antenna heights of 1.6 facility.

TABLE 1—PROTECTED DEPARTMENT OF DEFENSE FACILITIES

Radius of Location Coordinates operation (km)

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

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

Coordination 1710–1755 MHz transmit operations distance (km)

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

(b) Protection of non-DoD operations in (c) Protection of Federal operations in the 1710–1755 MHz and 1755–1761 MHz the 1675–1710 MHz band—(1) 27 Protection bands. Until such time as non-DoD sys- Zones. Within 27 Protection Zones, tems operating in the 1710–1755 MHz prior to operating a base station that and 1755–1761 MHz bands are relocated enables mobile or portable stations to to other spectrum, AWS licensees shall transmit in the 1695–1710 MHz band, li- protect such systems by satisfying the censees must successfully coordinate appropriate provisions of TIA Tele- such base station operations with Fed- communications Systems Bulletin 10– eral Government entities operating F, ‘‘Interference Criteria for Micro- meteorological satellite Earth-station wave Systems,’’ May, 1994 (TSB 10–F). receivers in the 1675–1710 MHz band. See 47 CFR 2.106, footnote US 88, for

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

TABLE 3—LOCATION OF THE NASA GOLDSTONE DEEP SPACE FACILITY

Maximum Location Coordinates transmitter output power

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

(e) Protection of Federal operations in cated less than 820 meters from a U.S. the 2200–2290 MHz band—(1) Default Earth Station facility operating in the emission limits. Except as provided in 2200–2290 MHz band. paragraph (e)(2) of this section, the fol- (2) Agreements between AWS–4 opera- lowing default out-of-band emissions tors and Federal government entities. The limits shall apply for AWS–4 operations out-of-band emissions limits in para- in the 2180–2200 MHz band. graph (e)(1) of this section may be (i) For these AWS–4 operations, the modified by the private contractual power of any emissions on all fre- agreement of licensees of AWS–4 oper- quencies between 2200 and 2290 MHz ating authority and Federal govern- shall not exceed an EIRP of ¥100.6 ment entities operating in the 2200–2290 dBW/4 kHz. MHz band. Such agreement shall be (ii) No AWS–4 base station operating transmitted to the Commission by the in the 2180–2200 MHz band shall be lo-

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National Telecommunications and In- (ii) Other Federal Assignments. Each formation Administration (NTIA) of AWS licensee must successfully coordi- the U.S. Department of Commerce. A nate all base station operations within licensee of AWS–4 operating authority a Protection Zone with the Federal in- who is a party to such an agreement cumbents. The default requirement is a must maintain a copy of the agreement nationwide coordination zone with pos- in its station files and disclose it, upon sible revisions to the Protection Zone request, to prospective AWS–4 assign- and other details to be announced in a ees, transferees, or spectrum lessees, to Joint FCC/NTIA public notice. Federal operators, and to the Commis- (2) Interference. If protected Federal sion. operations receive harmful inter- (f) Protection of Federal operations in ference from AWS operations in the the 1755–1780 MHz band. The Federal Government operates communications 1755–1780 MHz band, an AWS licensee systems in the 1755–1780 MHz band. Cer- must, upon notification, modify its op- tain systems are expected to continue erations and/or technical parameters as to operate in the band indefinitely. All necessary to eliminate the inter- other operations will be relocating to ference. other frequencies or otherwise cease (3) Point of contact. AWS licensees in operations in the 1755–1780 MHz band in the 1755–1780 MHz band must provide accordance with 47 CFR part 301. Until and maintain a point of contact at all such a time as Federal operations in times so that immediate contact can the 1755–1780 MHz bands vacate this be made should interference against spectrum, AWS licensees shall protect protected Federal operations occur. such systems and must accept any in- (4) Coordination procedures. Federal terference received from these Federal use of the radio spectrum is generally operations. See 47 CFR 2.106, footnote governed by the National Tele- US 91, for details. AWS licensees must communications and Information Ad- successfully coordinate proposed oper- ministration (NTIA) while non-Federal ations with all Federal incumbents use is governed by the Commission. As prior to operation as follows: such, any guidance or details con- (1) Protection Zone(s). A protection cerning Federal/non-Federal coordina- zone is established for each Federal option must be issued jointly by NTIA eration pursuant to 47 CFR 2.106, foot- and the Commission. The Commission note US 91. Unless otherwise specified in later Commission actions, the de- may jointly issue with NTIA one or fault protection zone is nationwide. A more public notices with guidance or base station which enables mobile or details concerning the coordination portable stations to transmit in the procedures for the 1755–1780 MHz band. 1755–1780 MHz band may not operate [69 FR 5716, Feb. 6, 2004, as amended at 73 FR within the Protection Zone(s) of a Fed- 50571, Aug. 27, 2008; 78 FR 8270, Jan. 5, 2013; 79 eral operation until the licensee suc- FR 32414, June 4, 2014] cessfully coordinates such base station operations with Federal Government § 27.1135 Protection of non-Federal entities as follows depending on the Government Meteorological-Sat- type of Federal incumbent authoriza- ellite operations. tion: AWS licensees operating fixed sta- (i) Federal US&P Assignments. Each tions in the 1710–1755 MHz band, if noti- AWS licensee must coordinate with fied that such stations are causing in- each Federal agency that has U.S. and terference to meteorological-satellite Possessions (US&P) authority prior to earth receivers operating in the Mete- its first operations in its licensed area orological-Satellite Service in the 1675– to reach a coordination arrangement 1710 MHz band, shall be required to with each US&P agency on an operator-to-operator basis. (Agencies with modify the stations’ location and/or U.S. and Possessions (US&P) authority technical parameters as necessary to do not operate nationwide and may be eliminate the interference. able to share, prior to relocation, in some areas.)

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§ 27.1136 Protection of mobile satellite native agreement. In addition, parties services in the 2000–2020 MHz and to a private cost-sharing agreement 2180–2200 MHz bands. may seek reimbursement through the An AWS licensee of the 2000–2020 MHz clearinghouse (as discussed in § 27.1162) and 2180–2200 MHz bands must accept from AWS entities or other Emerging any interference received from duly au- Technologies (ET) entities, including thorized mobile satellite service oper- Mobile Satellite Service (MSS) opera- ations in these bands. Any such AWS tors (for Ancillary Terrestrial Compo- licensees must protect mobile satellite nent (ATC) base stations), that are not service operations in these bands from parties to the agreement. The cost- harmful interference. sharing plan is in effect during all phases of microwave relocation speci- [78 FR 8270, Jan. 5, 2013] fied in §§ 22.602 and 101.69 of this chapter. If an AWS licensee enters into a COST-SHARING POLICIES GOVERNING spectrum leasing arrangement (as set MICROWAVE RELOCATION FROM THE forth in part 1, subpart X of this chap- 2110–2150 MHZ AND 2160–2200 MHZ ter) and the spectrum lessee triggers a BANDS cost-sharing obligation, the licensee is the AWS entity responsible for satis- SOURCE: Sections 27.1160 through 27.1174 ap- fying the cost-sharing obligations pear at 71 FR 29835, May 24, 2006, unless otherwise noted. under §§ 27.1160–27.1174. [71 FR 29835, May 24, 2006, as amended at 78 § 27.1160 Cost-sharing requirements FR 8270, Feb. 5, 2013] for AWS. Frequencies in the 2110–2150 MHz and § 27.1162 Administration of the Cost- 2160–2200 MHz bands listed in § 101.147 of Sharing Plan. this chapter have been reallocated The Wireless Telecommunications from Fixed Microwave Services (FMS) Bureau, under delegated authority, will to use by AWS (as reflected in § 2.106 of select one or more entities to operate this chapter). In accordance with pro- as a neutral, not-for-profit clearing- cedures specified in § 22.602 and §§ 101.69 house(s). This clearinghouse(s) will ad- through 101.82 of this chapter, AWS en- minister the cost-sharing plan by, inter tities are required to relocate the ex- alia, determining the cost-sharing obli- isting microwave licensees in these gation of AWS and other ET entities bands if interference to the existing for the relocation of FMS incumbents microwave licensee would occur. All from the 2110–2150 MHz and 2160–2200 AWS entities that benefit from the MHz bands. The clearinghouse filing re- clearance of this spectrum by other quirements (see §§ 27.1166(a), 27.1170) AWS entities or by a voluntarily relo- will not take effect until an adminis- cating microwave incumbent must con- trator is selected. tribute to such relocation costs. AWS entities may satisfy their reimburse- § 27.1164 The cost-sharing formula. ment requirement by entering into pri- An AWS relocator who relocates an vate cost-sharing agreements or agree- interfering microwave link, i.e., one ing to terms other than those specified that is in all or part of its market area in § 27.1164. However, AWS entities are and in all or part of its frequency band required to reimburse other AWS enti- or a voluntarily relocating microwave ties or voluntarily relocating micro- incumbent, is entitled to pro rata reim- wave incumbents that incur relocation bursement based on the following for- costs and are not parties to the alter- mula:

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(a) RN equals the amount of reim- triggering a cost-sharing obligation. bursement. For the next AWS or MSS/ATC entity (b) C equals the actual cost of relo- triggering a cost-sharing obligation, N cating the link(s). Actual relocation = 2, and so on.

costs include, but are not limited to, (d) Tm equals the number of months such items as: Radio terminal equip- that have elapsed between the month ment (TX and/or RX—antenna, nec- the AWS or MSS/ATC relocator or vol- essary feed lines, MUX/Modems); tow- untarily relocating microwave incum- ers and/or modifications; back-up bent obtains reimbursement rights for power equipment; monitoring or con- the link and the month in which an trol equipment; engineering costs (de- AWS entity triggers a cost-sharing ob- sign/path survey); installation; systems ligation. An AWS or MSS/ATC re- testing; FCC filing costs; site acquisi- locator obtains reimbursement rights tion and civil works; zoning costs; for the link on the date that it signs a training; disposal of old equipment; relocation agreement with a micro- test equipment (vendor required); spare wave incumbent. A voluntarily relo- equipment; project management; prior cating microwave incumbent obtains coordination notification under reimbursement rights for the link on § 101.103(d) of this chapter; site lease re- the date that the incumbent notifies negotiation; required antenna upgrades the Commission that it intends to dis- for interference control; power plant continue, or has discontinued, the use upgrade (if required); electrical ground- of the link, pursuant to § 101.305 of the ing systems; Heating Ventilation and Commission’s rules. Air Conditioning (HVAC) (if required); alternate transport equipment; and § 27.1166 Reimbursement under the leased facilities. Increased recurring Cost-Sharing Plan. costs represent part of the actual cost (a) Registration of reimbursement of relocation and, even if the com- rights. Claims for reimbursement under pensation to the incumbent is in the the cost-sharing plan are limited to reform of a commitment to pay five location expenses incurred on or after years of charges, the AWS or MSS/ATC relocator is entitled to seek immediate the date when the first AWS license is reimbursement of the lump sum issued in the relevant AWS band (start amount based on present value using date). If a clearinghouse is not selected current interest rates, provided it has by that date (see § 27.1162) claims for re- entered into a legally binding agree- imbursement (see § 27.1166) and notices ment to pay the charges. C also in- of operation (see § 27.1170) for activities cludes voluntarily relocating micro- that occurred after the start date but wave incumbent’s independent third prior to the clearinghouse selection party appraisal of its compensable re- must be submitted to the clearing- location costs and incumbent trans- house within 30 calendar days of the se- action expenses that are directly at- lection date. tributable to the relocation, subject to (1) To obtain reimbursement, an AWS a cap of two percent of the ‘‘hard’’ relocator must submit documentation costs involved. Hard costs are defined of the relocation agreement to the as the actual costs associated with pro- clearinghouse within 30 calendar days viding a replacement system, such as of the date a relocation agreement is equipment and engineering expenses. C signed with an incumbent. In the case may not exceed $250,000 per paired link, of involuntary relocation, an AWS re- with an additional $150,000 permitted if locator must submit documentation of a new or modified tower is required. the relocated system within 30 cal- (c) N equals the number of AWS and endar days after the end of the reloca- MSS/ATC entities that have triggered tion. a cost-sharing obligation. For the AWS (2) To obtain reimbursement, a vol- relocator, N = 1. For the next AWS en- untarily relocating microwave incum- tity triggering a cost-sharing obliga- bent must submit documentation of tion, N = 2, and so on. In the case of a the relocation of the link to the clear- voluntarily relocating microwave in- inghouse within 30 calendar days of the cumbent, N = 1 for the first AWS entity date that the incumbent notifies the

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Commission that it intends to dis- Where the AWS relocator or volun- continue, or has discontinued, the use tarily relocating microwave incumbent of the link, pursuant to § 101.305 of the relocates both paths of a paired chan- Commission’s rules. nel microwave link (e.g., 2110–2130 MHz (b) Documentation of expenses. Once with 2160–2180 MHz and 2130–2150 MHz relocation occurs, the AWS relocator, with 2180–2200 MHz), the AWS relocator or the voluntarily relocating micro- or voluntarily relocating microwave wave incumbent, must submit docu- incumbent must identify the expenses mentation itemizing the amount spent associated with each paired microwave for items specifically listed in link. § 27.1164(b), as well as any reimbursable (c) Full Reimbursement. An AWS re- items not specifically listed in locator who relocates a microwave link § 27.1164(b) that are directly attrib- that is either fully outside its market utable to actual relocation costs. Spe- area or its licensed frequency band cifically, the AWS relocator, or the may seek full reimbursement through voluntarily relocating microwave in- the clearinghouse of compensable cumbent must submit, in the first in- costs, up to the reimbursement cap as stance, only the uniform cost data re- defined in § 27.1164(b). Such reimburse- quested by the clearinghouse along ment will not be subject to deprecia- with a copy, without redaction, of ei- tion under the cost-sharing formula. ther the relocation agreement, if any, (d) Good Faith Requirement. New en- or the third party appraisal described trants and incumbent licensees are ex- in (b)(1) of this section, if relocation pected to act in good faith in satisfying was undertaken by the microwave in- the cost-sharing obligations under cumbent. AWS relocators and volun- §§ 27.1160 through 27.1174. The require- tarily relocating microwave incum- ment to act in good faith extends to, bents must maintain documentation of but is not limited to, the preparation cost-related issues until the applicable and submission of the documentation sunset date and provide such docu- required in paragraph (b) of this sec- mentation upon request, to the clear- tion. inghouse, the Commission, or entrants (e) MSS Participation in the Clearing- that trigger a cost-sharing obligation. house. MSS operators are not required If an AWS relocator pays a microwave to submit reimbursements to the clear- incumbent a monetary sum to relocate inghouse for links relocated due to in- its own facilities, the AWS relocator terference from MSS space-to-Earth must estimate the costs associated downlink operations, but may elect to with relocating the incumbent by do so, in which case the MSS operator itemizing the anticipated cost for must identify the reimbursement claim items listed in § 27.1164(b). If the sum as such and follow the applicable pro- paid to the incumbent cannot be ac- cedures governing reimbursement in counted for, the remaining amount is part 27. MSS reimbursement rights and not eligible for reimbursement. cost-sharing obligations for space-to- (1) Third party appraisal. The volun- Earth downlink operations are gov- tarily relocating microwave incum- erned by § 101.82 of this chapter. bent, must also submit an independent (f) Reimbursement for Self-relocating third party appraisal of its compen- FMS links in the 2130–2150 MHz and 2180– sable relocation costs. The appraisal 2200 MHz bands. Where a voluntarily re- should be based on the actual cost of locating microwave incumbent relo- replacing the incumbent’s system with cates a paired microwave link with comparable facilities and should ex- paths in the 2130–2150 MHz and 2180–2200 clude the cost of any equipment up- MHz bands, it may not seek reimburse- grades or items outside the scope of ment from MSS operators, but is enti- § 27.1164(b). tled to reimbursement from the first (2) Identification of links. The AWS re- AWS beneficiary for its actual costs for locator or the voluntarily relocating relocating the paired link, subject to microwave incumbent must identify the reimbursement cap in § 27.1164(b). the particular link associated with ap- This amount is subject to depreciation propriate expenses (i.e., costs may not as specified in § 27.1164(b). An AWS li- be averaged over numerous links). censee who is obligated to reimburse

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relocation costs under this rule is enti- the licensed AWS band(s) of the AWS tled to obtain reimbursement from entity or the selected assignment of other AWS beneficiaries in accordance the MSS operator that seeks and ob- with §§ 27.1164 and 27.1168. For purposes tains ATC authority (see § 25.149(a)(2)(i) of applying the cost-sharing formula of this chapter); relative to other AWS licensees that (2) An AWS relocator, MSS relocator benefit from the self-relocation, depre- or a voluntarily relocating microwave ciation shall run from the date on incumbent has paid the relocation which the clearinghouse issues the no- costs of the microwave incumbent; and tice of an obligation to reimburse the voluntarily relocating microwave in- (3) The AWS or MSS entity is oper- cumbent. ating or preparing to turn on a fixed base station at commercial power and [71 FR 29835, May 24, 2006, as amended at 78 the fixed base station is located within FR 8270, Jan. 5, 2013] a rectangle (Proximity Threshold) de- § 27.1168 Triggering a Reimbursement scribed as follows: Obligation. (i) The length of the rectangle shall (a) The clearinghouse will apply the be x where x is a line extending following test to determine when an through both nodes of the microwave AWS entity has triggered a cost-shar- link to a distance of 48 kilometers (30 ing obligation and therefore must pay miles) beyond each node. The width of an AWS relocator, MSS relocator, or a the rectangle shall be y where y is a voluntarily relocating microwave in- line perpendicular to x and extending cumbent in accordance with the for- for a distance of 24 kilometers (15 mula detailed in § 27.1164: miles) on both sides of x. Thus, the rec- (1) All or part of the relocated micro- tangle is represented as follows: wave link was initially co-channel with

(ii) If the application of the Prox- the cost-sharing formula and notify the imity Threshold Test indicates that a AWS entity of the total amount of its reimbursement obligation exists, the reimbursement obligation. clearinghouse will calculate the reim- (b) Once a reimbursement obligation bursement amount in accordance with is triggered, the AWS entity may not

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avoid paying its cost-sharing obliga- determination of specific cost-sharing tion by deconstructing or modifying its obligations must provide evidentiary facilities. support to demonstrate that their calculation is reasonable and made in [71 FR 29835, May 24, 2006, as amended at 78 FR 8271, Jan. 5, 2013] good faith. Specifically, these parties are expected to exercise due diligence § 27.1170 Payment issues. to obtain the information necessary to prepare an independent estimate of the Prior to initiating operations for a relocation costs in question and to file newly constructed site or modified ex- the independent estimate and sup- isting site, an AWS entity is required porting documentation with the clear- to file a notice containing site-specific inghouse. data with the clearinghouse. The notice regarding the new or modified site § 27.1174 Termination of cost-sharing must provide a detailed description of obligations. the proposed site’s spectral frequency The cost-sharing plan will sunset for use and geographic location, including all AWS and MSS entities on the same but not limited to the applicant’s name date on which the relocation obligation and address, the name of the transmit- for the subject AWS band (i.e., 2110–2150 ting base station, the geographic co- MHz, 2160–2175 MHz, 2175–2180 MHz, ordinates corresponding to that base 2180–2200 MHz) in which the relocated station, the frequencies and polariza- FMS link was located terminates. AWS tions to be added, changed or deleted, or MSS entrants that trigger a cost- and the emission designator. If a prior sharing obligation prior to the sunset coordination notice (PCN) under date must satisfy their payment obli- § 101.103(d) of this chapter is prepared, gation in full. AWS entities can satisfy the site-data filing requirement by submitting a [78 FR 8271, Feb. 5, 2013] copy of their PCN to the clearinghouse. AWS entities that file either a notice COST-SHARING POLICIES GOVERNING or a PCN have a continuing duty to BROADBAND RADIO SERVICE RELOCA- maintain the accuracy of the site-spe- TION FROM THE 2150–2160/62 MHZ cific data on file with the clearing- BAND house. Utilizing the site-specific data, the clearinghouse will determine if any SOURCE: Sections 27.1176 through 27.1190 ap- reimbursement obligation exists and pear at 71 FR 29835, May 24, 2006, unless oth- notify the AWS entity in writing of its erwise noted. repayment obligation, if any. When the § 27.1176 Cost-sharing requirements AWS entity receives a written copy of for AWS in the 2150–2160/62 MHz such obligation, it must pay directly to band. the relocator the amount owed within (a) Frequencies in the 2150–2160/62 30 calendar days. MHz band have been reallocated from [78 FR 8271, Jan. 5, 2013] the Broadband Radio Service (BRS) to AWS. All AWS entities who benefit § 27.1172 Dispute Resolution Under from another AWS entity’s clearance the Cost-Sharing Plan. of BRS incumbents from this spectrum, (a) Disputes arising out of the cost- including BRS incumbents occupying sharing plan, such as disputes over the the 2150–2162 MHz band on a primary amount of reimbursement required, basis, must contribute to such reloca- must be brought, in the first instance, tion costs. Only AWS entrants that re- to the clearinghouse for resolution. To locate BRS incumbents are entitled to the extent that disputes cannot be re- such reimbursement. solved by the clearinghouse, parties are (b) AWS entities may satisfy their re- encouraged to use expedited Alter- imbursement requirement by entering native Dispute Resolution (ADR) pro- into private cost-sharing agreements cedures, such as binding arbitration, or agreeing to terms other than those mediation, or other ADR techniques. specified in § 27.1180. However, AWS en- (b) Evidentiary requirement. Parties of tities are required to reimburse other interest contesting the clearinghouse’s AWS entities that incur relocation

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costs and are not parties to the alter- ference control; power plant upgrade (if native agreement. In addition, parties required); electrical grounding sys- to a private cost-sharing agreement tems; Heating Ventilation and Air Con- may seek reimbursement through the ditioning (HVAC) (if required); alter- clearinghouse (as discussed in § 27.1178) nate transport equipment; leased fa- from AWS entities that are not parties cilities; and end user units served by to the agreement. The cost-sharing the base station that is being relo- plan is in effect during all phases of cated. In addition to actual costs, C BRS relocation until the end of the pe- may include the cost of an independent riod specified in § 27.1190. If an AWS li- third party appraisal conducted pursu- censee enters into a spectrum leasing ant to § 27.1182(a)(3) and incumbent arrangement and the spectrum lessee transaction expenses that are directly triggers a cost-sharing obligation, the attributable to the relocation, subject licensee is the AWS entity responsible to a cap of two percent of the ‘‘hard’’ for satisfying cost-sharing obligations costs involved. Hard costs are defined under these rules. as the actual costs associated with providing a replacement system, such as § 27.1178 Administration of the Cost- equipment and engineering expenses. Sharing Plan. There is no cap on the actual costs of The Wireless Telecommunications relocation. Bureau, under delegated authority, will (c) An AWS system shall be consid- select one or more entities to operate ered an interfering system for purposes as a neutral, not-for-profit clearing- of this rule if the AWS system is in all house(s). This clearinghouse(s) will ad- or part of the BRS frequency band and minister the cost-sharing plan by, inter operates within line of sight to BRS alia, determining the cost-sharing obli- operations under the applicable test gations of AWS entities for the reloca- specified in § 27.1184. An AWS relocator tion of BRS incumbents from the 2150– that relocates a BRS system with 2162 MHz band. The clearinghouse fil- which it does not interfere is entitled ing requirements ( §§ 27.1182(a), see to full reimbursement, as specified in 27.1186) will not take effect until an ad- § 27.1182(c). ministrator is selected.

§ 27.1180 The cost-sharing formula. § 27.1182 Reimbursement under the Cost-Sharing Plan. (a) An AWS licensee that relocates a BRS system with which it interferes is (a) Registration of reimbursement entitled to pro rata reimbursement rights. (1) To obtain reimbursement, an based on the cost-sharing formula spec- AWS relocator must submit docu- ified in § 27.1164, except that the depre- mentation of the relocation agreement to the clearinghouse within 30 calendar ciation factor shall be [180¥Tm]/180, and the variable C shall be applied as days of the date a relocation agree- set forth in paragraph (b) of this sec- ment is signed with an incumbent. In tion. the case of involuntary relocation, an (b) C is the actual cost of relocating AWS relocator must submit docu- the system, and includes, but is not mentation of the relocated system limited to, such items as: Radio ter- within 30 calendar days after the end of minal equipment (TX and/or RX—an- the one-year trial period. tenna, necessary feed lines, MUX/ (2) Registration of any BRS system Modems); towers and/or modifications; shall include: back-up power equipment; monitoring (i) A description of the system’s fre- or control equipment; engineering quency use; costs (design/path survey); installation; (ii) If the system exclusively provides systems testing; FCC filing costs; site one-way transmissions to subscribers, acquisition and civil works; zoning the Geographic Service Area of the sys- costs; training; disposal of old equip- tem; and ment; test equipment (vendor re- (iii) If the system does not exclu- quired); spare equipment; project man- sively provide one-way transmission to agement; site lease renegotiation; re- subscribers, the system hub antenna’s quired antenna upgrades for inter- geographic location and the above

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ground level height of the system’s re- ment. All AWS relocators seeking receiving antenna centerline. imbursement through the clearing- (3) The AWS relocator must also in- house have an ongoing duty to main- clude with its system registration an tain all relevant records of BRS reloca- independent third party appraisal of tion-related expenses until the sunset the compensable relocation costs. The of cost-sharing obligations, and to pro- appraisal should be based on the actual vide, upon request, such documenta- cost of replacing the incumbent’s sys- tion, including a copy of the inde- tem with comparable facilities and pendent appraisal if one was conducted, should exclude the cost of any equip- to the clearinghouse, the Commission, ment upgrades that are not necessary or AWS entrants that trigger a cost- to the provision of comparable facili- sharing obligation. ties. An AWS relocator may submit (c) Full reimbursement. An AWS re- registration without a third party ap- locator who relocates a BRS system praisal if it consents to binding resolu- that is either: tion by the clearinghouse of any good (1) Wholly outside its frequency band; faith cost disputes regarding the reim- or bursement claim, under the following (2) Not within line of sight of the re- standard: The relocator shall bear the locator’s transmitting base station burden of proof, and be required to may seek full reimbursement through demonstrate by clear and convincing the clearinghouse of compensable evidence that its request does not ex- costs. Such reimbursement will not be ceed the actual cost of relocating the subject to depreciation under the cost- relevant BRS system or systems to sharing formula. comparable facilities. Failure to satisfy this burden of proof will result in (d) Good Faith Requirement. New en- loss of rights to subsequent reimburse- trants and incumbent licensees are ex- ment of the disputed costs from any pected to act in good faith in satisfying AWS licensee. the cost-sharing obligations under §§ 27.1176 through 27.1190. The require- (b) Documentation of expenses. Once relocation occurs, the AWS relocator ment to act in good faith extends to, must submit documentation itemizing but is not limited to, the preparation the amount spent for items specifically and submission of the documentation listed in § 27.1180(b), as well as any re- required in paragraph (b) of this sec- imbursable items not specifically listed tion. in § 27.1180(b) that are directly attrib- § 27.1184 Triggering a reimbursement utable to actual relocation costs. Spe- obligation. cifically, the AWS relocator must submit, in the first instance, only the uni- (a) The clearinghouse will apply the form cost data requested by the clear- following test to determine when an inghouse along with copies, without re- AWS entity has triggered a cost-shar- daction, of the relocation agreement, if ing obligation and therefore must pay any, and the third party appraisal de- an AWS relocator of a BRS system in scribed in (a)(3), of this section, if pre- accordance with the formula detailed pared. The AWS relocator must iden- in § 27.1180: tify the particular system associated (1) All or part of the relocated BRS with appropriate expenses (i.e., costs system was initially co-channel with may not be averaged over numerous the licensed AWS band(s) of the AWS systems). If an AWS relocator pays a entity; BRS incumbent a monetary sum to re- (2) An AWS relocator has paid the relocate its own facilities in whole or in location costs of the BRS incumbent; part, the AWS relocator must itemize and the actual costs to the extent deter- (3) The other AWS entity has turned minable, and otherwise must estimate on or is preparing to turn on a fixed the actual costs associated with relo- base station at commercial power and cating the incumbent and itemize these the incumbent BRS system would have costs. If the sum paid to the incumbent been within the line of sight of the cannot be accounted for, the remaining AWS entity’s fixed base station, de- amount is not eligible for reimburse- fined as follows.

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(i) For a BRS system using the 2150– the 2150–60/62 MHz band is subject to 2160/62 MHz band exclusively to provide the rules set forth in § 27.1170. If an one-way transmissions to subscribers, AWS licensee is initiating operations the clearinghouse will determine for a newly constructed site or modi- whether there is an unobstructed sig- fied existing site in licensed bands nal path (line of sight) to the incum- overlapping the 2150–2160/62 MHz band, bent licensee’s geographic service area the AWS licensee must file with the (GSA), based on the following criteria: clearinghouse, in addition to the site- use of 9.1 meters (30 feet) for the receiv- specific data required by § 27.1170, the ing antenna height, use of the actual above ground level height of the trans- transmitting antenna height and ter- mitting antenna centerline. AWS enti- rain elevation, and assumption of 4/3 ties have a continuing duty to main- Earth radius propagation conditions. tain the accuracy of the site-specific Terrain elevation data must be ob- data on file with the clearinghouse. tained from the U.S. Geological Survey (USGS) 3-second database. All coordi- [71 FR 29835, May 24, 2006, as amended at 72 nates used in carrying out the required FR 41939, Aug. 1, 2007] analysis shall be based upon use of § 27.1188 Dispute resolution under the NAD–83. Cost-Sharing Plan. (ii) For all other BRS systems using the 2150–2160/62 MHz band, the clearing- (a) Disputes arising out of the cost- house will determine whether there is sharing plan, such as disputes over the an unobstructed signal path (line of amount of reimbursement required, sight) to the incumbent licensee’s re- must be brought, in the first instance, ceive station hub using the method to the clearinghouse for resolution. To prescribed in ‘‘Methods for Predicting the extent that disputes cannot be re- Interference from Response Station solved by the clearinghouse, parties are Transmitters and to Response Station encouraged to use expedited Alter- Hubs and for Supplying Data on Re- native Dispute Resolution (ADR) pro- sponse Station Systems. MM Docket cedures, such as binding arbitration, 97–217,’’ in Amendment of 47 CFR parts mediation, or other ADR techniques. 1, 21 and 74 to Enable Multipoint Dis- (b) Evidentiary requirement. Parties of tribution Service and Instructional interest contesting the clearinghouse’s Television Fixed Service Licensees to determination of specific cost-sharing Engage in Fixed Two-Way Trans- obligations must provide evidentiary missions, MM Docket No. 97–217, Report support to demonstrate that their cal- and Order on Further Reconsideration culation is reasonable and made in and Further Notice of Proposed Rule- good faith. Specifically, these parties making, 15 FCC Rcd 14566 at 14610, Ap- are expected to exercise due diligence pendix D. to obtain the information necessary to (b) If the application of the trigger prepare an independent estimate of the test described in paragraphs (a)(3)(i) relocation costs in question and to file and (ii) of this section, indicates that a the independent estimate and sup- reimbursement obligation exists, the porting documentation with the clear- clearinghouse will calculate the reim- inghouse. bursement amount in accordance with the cost-sharing formula and notify the § 27.1190 Termination of cost-sharing subsequent AWS entity of the total obligations. amount of its reimbursement obliga- The plan for cost-sharing in connection. tion with BRS relocation will sunset (c) Once a reimbursement obligation for all AWS entities fifteen years after is triggered, the AWS entity may not the relocation sunset period for BRS avoid paying its cost-sharing obliga- relocation commences, i.e., fifteen tion by deconstructing or modifying its years after the first AWS licenses are facilities. issued in any part of the 2150–2162 MHz band. AWS entrants that trigger a § 27.1186 Payment issues. cost-sharing obligation prior to the Payment of cost-sharing obligations sunset date must satisfy their payment for the relocation of BRS systems in obligation in full.

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Subpart M—Broadband Radio franchise area actually served by the Service and Educational cable operator’s cable system, or of any Broadband Service entity indirectly affiliated, owned, operated, controlled by, or under common control with the cable operator. Alter- SOURCE: 69 FR 72034, Dec. 10, 2004, unless natively, the cable operator may cer- otherwise noted. tify that it will not use the BRS sta- § 27.1200 Change to BRS and EBS. tion to distribute multichannel video programming. (a) As of January 10, 2005, licensees (d) In applying the provisions of this assigned to the Multipoint Distribution section, ownership and other interests Service (MDS) and the Multichannel in BRS licensees or cable television Multipoint Distribution Service systems will be attributed to their (MMDS) shall be reassigned to the holders and deemed cognizable pursu- Broadband Radio Service (BRS) and li- ant to the following criteria: censees in the Instructional Television (1) Except as otherwise provided Fixed Service (ITFS) shall be reas- herein, partnership and direct owner- signed to the Educational Broadband ship interests and any voting stock in- Service (EBS). terest amounting to 5% or more of the § 27.1201 [Reserved] outstanding voting stock of a corporate BRS licensee or cable television § 27.1202 Cable/BRS cross-ownership. system will be cognizable; (a) Initial or modified authorizations (2) Investment companies, as defined for BRS stations may not be granted to in 15 U.S.C. 80a–3, insurance companies a cable operator if a portion of the BRS and banks holding stock through their station’s protected services area is trust departments in trust accounts within the portion of the franchise area will be considered to have a cognizable actually served by the cable operator’s interest only if they hold 20% or more cable system and the cable operator of the outstanding voting stock of a will be using the BRS station as a mul- corporate BRS licensee or cable tele- tichannel video programming dis- vision system, or if any of the officers tributor (as defined in § 76.64(d) of this or directors of the BRS licensee or chapter). No cable operator may ac- cable television system are representa- quire such authorization either di- tives of the investment company, in- rectly, or indirectly through an affil- surance company or bank concerned. iate owned, operated, or controlled by Holdings by a bank or insurance com- or under common control with a cable pany will be aggregated if the bank or operator if the cable operator will use insurance company has any right to de- the BRS station as a multichannel termine how the stock will be voted. video programming distributor. Holdings by investment companies will (b) No licensee of a station in this be aggregated if under common man- service may lease transmission time or agement. capacity to a cable operator either di- (3) Attribution of ownership interests rectly, or indirectly through an affil- in a BRS licensee or cable television iate owned, operated, controlled by, or system that are held indirectly by any under common control with a cable op- party through one or more intervening erator, if a portion of the BRS station’s corporations will be determined by suc- protected services area is within the cessive multiplication of the ownership portion of the franchise area actually percentages for each link in the served by the cable operator’s cable vertical ownership chain and applica- system the cable operator will use the tion of the relevant attribution bench- BRS station as a multichannel video mark to the resulting product, except programming distributor. that wherever the ownership percent- (c) Applications for new stations, sta- age for any link in the chain exceeds tion modifications, assignments or 50%, it shall not be included for pur- transfers of control by cable operators poses of this multiplication. For pur- of BRS stations shall include a showing poses of paragraph (d)(9) of this sec- that no portion of the GSA of the BRS tion, attribution of ownership interests station is within the portion of the in a BRS licensee or cable television

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system that are held indirectly by any not be attributed unless and until con- party through one or more intervening version is effected. organizations will be determined by (6)(i) A limited partnership interest successive multiplication of the owner- shall be attributed to a limited partner ship percentages for each link in the unless that partner is not materially vertical ownership chain and applica- involved, directly or indirectly, in the tion of the relevant attribution bench- management or operation of the BRS mark to the resulting product, and the or cable television activities of the ownership percentage for any link in partnership and the licensee or system the chain that exceeds 50% shall be in- so certifies. An interest in a Limited cluded for purposes of this multiplica- Liability Company (‘‘LLC’’) or Reg- tion. For example, except for purposes istered Limited Liability Partnership of paragraph (d)(9) of this section, if A (‘‘RLLP’’) shall be attributed to the in- owns 10% of company X, which owns terest holder unless that interest hold- 60% of company Y, which owns 25% of er is not materially involved, directly ‘‘Licensee,’’ then X’s interest in ‘‘Li- censee’’ would be 25% (the same as Y’s or indirectly, in the management or interest because X’s interest in Y ex- operation of the BRS or cable tele- ceeds 50%), and A’s interest in ‘‘Li- vision activities of the partnership and censee’’ would be 2.5% (0.1 × 0.25). the licensee or system so certifies. Under the 5% attribution benchmark, (ii) For a licensee or system that is a X’s interest in ‘‘Licensee’’ would be limited partnership to make the cer- cognizable, while A’s interest would tification set forth in paragraph not be cognizable. For purposes of (d)(6)(i) of this section, it must verify paragraph (d)(9) of this section, X’s in- that the partnership agreement or cer- terest in ‘‘Licensee’’ would be 15% (0.6 tificate of limited partnership, with re- × 0.25) and A’s interest in ‘‘Licensee’’ spect to the particular limited partner would be 1.5% (0.1 × 0.6 × 0.25). Neither exempt from attribution, establishes interest would be attributed under that the exempt limited partner has no paragraph (d)(9) of this section. material involvement, directly or indi- (4) Voting stock interests held in rectly, in the management or operation trust shall be attributed to any person of the BRS or cable television activi- who holds or shares the power to vote ties of the partnership. For a licensee such stock, to any person who has the or system that is an LLC or RLLP to sole power to sell such stock, and to make the certification set forth in any person who has the right to revoke paragraph (d)(6)(i) of this section, it the trust at will or to replace the must verify that the organizational trustee at will. If the trustee has a fa- document, with respect to the par- milial, personal or extra-trust business ticular interest holder exempt from at- relationship to the grantor or the bene- tribution, establishes that the exempt ficiary, the grantor or beneficiary, as interest holder has no material in- appropriate, will be attributed with the volvement, directly or indirectly, in stock interests held in trust. An other- the management or operation of the wise qualified trust will be ineffective BRS or cable television activities of to insulate the grantor or beneficiary from attribution with the trust’s assets the LLC or RLLP. Irrespective of the unless all voting stock interests held terms of the certificate of limited part- by the grantor or beneficiary in the nership or partnership agreement, or relevant BRS licensee or cable tele- other organizational document in the vision system are subject to said trust. case of an LLC or RLLP, however, no (5) Subject to paragraph (d)(9) of this such certification shall be made if the section, holders of non-voting stock individual or entity making the certifi- shall not be attributed an interest in cation has actual knowledge of any the issuing entity. Subject to para- material involvement of the limited graph (d)(9) of this section, holders of partners, or other interest holders in debt and instruments such as warrants, the case of an LLC or RLLP, in the convertible debentures, options or management or operation of the BRS other non-voting interests with rights or cable television businesses of the of conversion to voting interests shall partnership or LLC or RLLP.

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(iii) In the case of an LLC or RLLP, ownership rule (‘‘interest holder’’) the licensee or system seeking installa- shall have that interest attributed if: tion shall certify, in addition, that the (i) The equity (including all stock- relevant state statute authorizing holdings, whether voting or nonvoting, LLCs permits an LLC member to insu- common or preferred) and debt interest late itself as required by our criteria. or interests, in the aggregate, exceed 33 (7) Officers and directors of a BRS li- percent of the total asset value (all eq- censee or cable television system are uity plus all debt) of that BRS licensee considered to have a cognizable inter- or cable television system; and est in the entity with which they are so (ii) The interest holder also holds an associated. If any such entity engages interest in a BRS licensee or cable tel- in businesses in addition to its primary evision system that is attributable business of BRS or cable television under this section (other than this service, it may request the Commission paragraph) and which operates in any to waive attribution for any officer or portion of the franchise area served by director whose duties and responsibil- that cable operator’s cable system. ities are wholly unrelated to its pri- (10) The term ‘‘area served by a cable mary business. The officers and direc- system’’ means any area actually tors of a parent company of a BRS li- passed by the cable operator’s cable censee or cable television system, with system and which can be connected for an attributable interest in any such a standard connection fee. subsidiary entity, shall be deemed to (11) As used in this section ‘‘cable op- have a cognizable interest in the sub- erator’’ shall have the same definition sidiary unless the duties and respon- as in § 76.5 of this chapter. sibilities of the officer or director in- (e) The Commission will entertain re- volved are wholly unrelated to the BRS quests to waive the restrictions in licensee or cable television system subparagraph (a) of this section where nec- sidiary, and a statement properly docu- essary to ensure that all significant menting this fact is submitted to the portions of the franchise area are able Commission. The officers and directors to obtain multichannel video service. of a sister corporation of a BRS li- (f) The provisions of paragraphs (a) censee or cable television system shall through (e) of this section will not not be attributed with ownership of apply to one BRS channel used to pro- these entities by virtue of such status. vide locally-produced programming to cable headends. Locally-produced pro- (8) Discrete ownership interests will gramming is programming produced in be aggregated in determining whether or near the cable operator’s franchise or not an interest is cognizable under area and not broadcast on a television this section. An individual or entity station available within that franchise will be deemed to have a cognizable in- area. A cable operator will be per- vestment if: mitted one BRS channel for this pur- (i) The sum of the interests held by pose, and no more than one BRS chan- or through ‘‘passive investors’’ is equal nel may be used by a cable television to or exceeds 20 percent; or company or its affiliate or lessor pur- (ii) The sum of the interests other suant to this paragraph. The licensee than those held by or through ‘‘passive for a cable operator providing local investors’’ is equal to or exceeds 5 per- programming pursuant to a lease must cent; or include in a notice filed with the Wire- (iii) The sum of the interests com- less Telecommunications Bureau a puted under paragraph (d)(8)(i) of this cover letter explicitly identifying itself section plus the sum of the interests or its lessees as a local cable operator computed under paragraph (d)(8)(ii) of and stating that the lease was executed this section equal to or exceeds 20 per- to facilitate the provision of local pro- cent. gramming. The first application or the (9) Notwithstanding paragraphs (d)(5) first lease notification in an area filed and (d)(6) of this section, the holder of with the Commission will be entitled an equity or debt interest or interests to the exemption. The limitations on in a BRS licensee or cable television one BRS channel per party and per system subject to the BRS/cable cross- area include any cable/BRS operations

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or cable/EBS operations. The cable op- BRS cross-ownership prohibitions. erator must demonstrate in its BRS Lease arrangements between cable op- application that the proposed local pro- erators and BRS entities for which a gramming will be provided within one lease or firm agreement was signed year from the date its application is after February 8, 1990, and prior to Oc- granted. Local programming service tober 5, 1992, will not be subject to the pursuant to a lease must be provided prohibitions of this section, if, pursu- within one year of the date of the lease ant to the then existing rural and over- or one year of grant of the licensee’s build exceptions, the lease arrange- application for the leased channel, ments were allowed. whichever is later. If a BRS license for (3) The limitations on cable tele- these purposes is granted and the provision ownership in this section do not gramming is subsequently discon- apply to any cable operator in any tinued, the license will be automati- franchise area in which a cable oper- cally forfeited the day after local pro- ator is subject to effective competition gramming service is discontinued. as determined under section 623(l) of (g) Applications filed by cable tele- the Communications Act. vision companies, or affiliates, for BRS [69 FR 72034, Dec. 10, 2004, as amended at 71 channels prior to February 8, 1990, will FR 35190, June 19, 2006] not be subject to the prohibitions of this section. Applications filed on Feb- § 27.1203 EBS programming require- ruary 8, 1990, or thereafter will be re- ments. [Reserved] turned. Lease arrangements between cable and BRS entities for which a § 27.1204 EBS Tribal priority filing lease or a firm agreement was signed window. prior to February 8, 1990, will also not (a) The Commission will specify by be subject to the prohibitions of this public notice a window filing period for section. Leases between cable tele- applications for new EBS stations on vision companies, or affiliates, and rural Tribal Lands. EBS applications BRS station licensees, conditional li- for new facilities will be accepted only censees, or applicants executed on Feb- during this window. Applications sub- ruary 8, 1990, or thereafter, are invalid. mitted prior to the window opening (1) Applications filed by cable opera- date identified in the public notice will tors, or affiliates, for BRS channels be returned as premature. Applications prior to February 8, 1990, will not be submitted after the deadline will be subject to the prohibitions of this sec- dismissed with prejudice as untimely. tion. Except as provided in paragraph (b) Applicants in the Tribal priority (g)(2)of this section, applications filed filing window must demonstrate that on February 8, 1990, or thereafter will they are eligible to file in that window. be returned. Lease arrangements be- To be considered eligible for the Tribal tween cable and BRS entities for which priority window, an applicant must be: a lease or a firm agreement was signed (1) A federally recognized American prior to February 8, 1990, will also not Indian Tribe or Alaska Native Village; be subject to the prohibitions of this or an entity that is owned and con- section. Except as provided in para- trolled by a federally-recognized Tribe graph (g)(2) of this section, leases be- or a consortium of federally-recognized tween cable operators, or affiliates, and Tribes; BRS/EBS station licensees, conditional (2) Requesting a license on Tribal licensees, or applicants executed on or Land, which is defined to be any feder- before February 8, 1990, or thereafter ally recognized Indian Tribe’s reserva- are invalid. tion, pueblo or colony, including (2) Applications filed by cable opera- former reservations in Oklahoma, Alas- tors, or affiliates for BRS channels ka Native regions established pursuant after February 8, 1990, and prior to Oc- to the Alaska Native Claims Settle- tober 5, 1992, will not be subject to the ment Act (85 Stat. 688) and Indian Al- prohibition of this section, if, pursuant lotments, see § 54.400(e) of this chapter, to the then existing overbuild or rural as well as Hawaiian Home Lands— exceptions, the applications were al- areas held in trust for native Hawai- lowed under the then existing cable/ ians by the State of Hawaii, pursuant

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to the Hawaiian Homes Commission hold an EBS license pursuant to the Act, 1920, July 9, 1921, 42 Stat 108, et provisions of § 27.1201(a) contained in seq., as amended; and any lands des- the edition of 47 CFR parts 20 through ignated prior to July 10, 2019, as Tribal 39, revised as of October 1, 2017. Lands pursuant to the designation process contained in § 54.412 of this [84 FR 57365, Oct. 25, 2019] chapter; § 27.1206 Geographic service area. (3) Requesting a GSA in a rural area, which is defined to be lands that are (a) BRS: not part of an urbanized area or urban (1) For BRS incumbent licenses cluster area with a population equal to granted before September 15, 1995, the or greater than 50,000; and geographic service area (GSA) is the (4) Have a local presence on the Trib- area that is bounded by a circle having al Land for which they are applying. a 35 mile radius and centered at the (c) Following the close of the Tribal station’s reference coordinates, which priority window, the Commission will was the previous PSA entitled to in- issue a public notice of acceptance for cumbent licensees prior to January 10, filing of applications submitted pursu- 2005, and is bounded by the chord(s) ant to paragraph (b) of this section drawn between intersection points of that meet technical and legal require- the licensee’s previous 35 mile PSA and ments and that are not in conflict with those of respective adjacent market, any other application filed during the co-channel licensees; window. Petitions to deny such appli- (2) For BRS BTA authorization hold- cations may be filed within 30 days of ers, the GSA for a channel is the BTA, such public notice. A copy of any peti- subject to the exclusion of overlapping, tion to deny must be served on the ap- co-channel incumbent GSAs created on plicant. January 10, 2005. (d) If applications are filed in the (3) If an incumbent BRS license is Tribal priority window that are mutu- cancelled or is forfeited, the GSA area ally exclusive, the Commission will use of the incumbent station shall dissolve competitive bidding to resolve the mu- and the right to operate in that area tual exclusivity. Two or more pending automatically reverts to the GSA li- applications are mutually exclusive if censee that held the corresponding the grant of one application would ef- BTA. fectively preclude the grant of one or (b) EBS: more of the others under Commission (1) Existing EBS licensees. (i) The GSA rules in this chapter. of EBS licenses on the E and F channel (e) For non-mutually exclusive appli- groups is defined in § 27.1216. EBS li- cations, the applications will be proc- censees on the E and F channel groups essed in accordance with procedures to are prohibited from expanding their be specified by the Wireless Tele- GSAs. communications Bureau. (ii) For incumbent EBS licenses not [84 FR 57365, Oct. 25, 2019, as amended at 85 in the E and F channel groups in effect FR 1284, Jan. 10, 2020] as of October 25, 2019, the geographic service area (GSA) is the area that is § 27.1205 EBS renewal standard. bounded by a circle having a 35 mile ra- In applying the renewal standard dius and centered at the station’s ref- contained in § 1.949 of this chapter to erence coordinates, which was the pre- EBS, for licenses initially issued after vious PSA entitled to incumbent li- October 25, 2019, the applicable safe censees prior to January 10, 2005, and is harbors are the buildout standards con- bounded by the chord(s) drawn between tained in § 27.14(u). For licenses ini- intersection points of the licensee’s tially issued before October 25, 2019, the previous 35 mile PSA and those of re- applicable safe harbors are the buildout spective adjacent market, co-channel standards contained in § 27.14(o); pro- licensees. vided, however, that the educational (2) New initial EBS licenses. (i) For use safe harbor contained in § 27.14(o)(2) EBS licenses issued in the Tribal Pri- may only be used by a licensee that ority Window, the GSA consists of the meets the eligibility requirements to rural Tribal Land (as defined in

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§ 27.1204(b)(3)) specified in the applica- Patillas, Penuelas, Ponce, tion. Quebradillas, Rinco´ n, Sabana Grande, (ii) For all other new initial licenses Salinas, San German, Santa Isabel, issued after April 27, 2020, the GSA is Villalba and Yauco. The San Juan serv- the county for which the license is ice area consists of all other issued, subject to the exclusion of over- municipios in Puerto Rico. lapping, co-channel incumbent GSAs. (b) For EBS initial licenses issued [84 FR 57365, Oct. 25, 2019] after October 25, 2019, except for licenses issued in the Tribal Priority § 27.1207 Service areas and authoriza- Window, the GSA is the county for tions. which the license is issued, subject to (a) Initial authorizations for BRS the exclusion of overlapping, co-chan- granted after January 1, 2008, shall be nel incumbent GSAs. For purposes of blanket licenses for all BRS fre- this subpart, counties are defined using quencies identified in § 27.5(i)(2). Except the United States Census Bureau’s data for incumbent BRS licenses, BRS serv- reflecting county legal boundaries and ice areas are the 1992 version of Basic names valid through January 1, 2017. Trading Areas (BTAs) defined by Rand Except for licenses issued in the Tribal McNally, or additional service areas Priority Window, there shall be three similar to BTAs adopted by the Com- initial authorizations issued in each mission. The market area for each li- county: One authorization for channels cense will be listed on the license au- A1, A2, A3, B1, B2, B3, C1, C2, and C3; thorization. The following are addi- the second authorization for channels tional BRS service areas in places D1, D2, D3, JA1, JA2, JA3, JB1, JB2, where Rand McNally has not defined JB3, JC1, JC2, JC3, JD1, JD2, JD3, A4, BTAs: American Samoa; Guam; Gulf of B4, C4, D4, and G4; the third authoriza- Mexico Zone A; Gulf of Mexico Zone B; tion for channels G1, G2, G3, KG1, KG2, Gulf of Mexico Zone C; Northern Mar- and KG3. iana Islands; Mayaguez/Aguadilla- Ponce, Puerto Rico; San Juan, Puerto [84 FR 57366, Oct. 25, 2019] Rico; and the United States Virgin Is- lands. The boundaries of Gulf of Mexico § 27.1208 Geographic area licensing. Zone A are from an area twelve nau- (a) All BRS and EBS licenses are geo- tical miles from the shoreline at mean graphic area licenses. Blanket licenses high tide on the north and east, to the cover all mobile and response stations. limit of the Outer Continental Shelf to Pursuant to that geographic area li- the south, and to longitude 91°00′ to the cense, incumbent licensees may modify west. The boundaries of Gulf of Mexico their systems provided the modified Zone B are from an area twelve nau- system complies with the applicable tical miles from the shoreline at mean rules in this chapter. The blanket li- high tide on the north, to the limit of cense covers all fixed stations any- the Outer Continental Shelf to the where within the authorized service south, to longitude 91°00′ to the east, area, except a station must be individ- and to longitude 94°00′ to the west. The ually licensed if: boundaries of Gulf of Mexico Zone C (1) International agreements require are from an area twelve nautical miles coordination; from the shoreline at mean high tide (2) Submission of an Environmental on the north and west, to longitude Assessment is required under § 1.1307 of 94°00′ to the east, and to a line 281 kilo- this chapter; and meters from the reference point at (3) The station would affect the radio Linares, N.L., Mexico on the south- quiet zones under § 1.924 of this chapter. west. The Mayaguez/Aguadilla-Ponce, (b) Any antenna structure that re- PR, service area consists of the fol- quires notification to the Federal Avia- lowing municipios: Adjuntas, Aguada, tion Administration (FAA) must be Aguadilla, Anasco, Arroyo, Cabo Rojo, registered with the Commission prior Coamo, Guanica, Guayama, to construction under § 17.4 of this Guayanilla, Hormigueros, Isabela, chapter. Jayuya, Juana Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, [84 FR 57366, Oct. 25, 2019]

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§ 27.1209 Reversion and overlay rights. § 27.1213 Designated entity provisions for BRS in Commission auctions (a) The frequencies associated with commencing prior to January 1, BRS incumbent authorizations that 2004. have cancelled automatically or other- (a) Eligibility for small business provi- wise recovered by the Commission sions. For purposes of Commission auc- automatically revert to the applicable tions commencing prior to January 1, BRS BTA licensee. 2004 for BRS licenses, a small business (b) The frequencies associated with is an entity that together with its af- EBS incumbent authorizations with a filiates has average annual gross reve- geographic service area that have can- nues that are not more than $40 million celled automatically or otherwise re- for the preceding three calendar years. covered by the Commission automati- (b) Designated entities. As specified in cally revert to a co-channel EBS coun- this section, designated entities that ty-based licensee, except that if the are winning bidders in Commission area in question is Tribal Land as de- auctions commencing prior to January fined in § 27.1204(b)(3) and is contiguous 1, 2004 for BTA service areas are eligi- to the GSA of a co-channel authoriza- ble for special incentives in the auction tion issued in the Tribal Priority Win- process. See 47 CFR 1.2110. dow, the area consisting of Tribal Land (c) Installment payments. Small busi- reverts to the co-channel license issued nesses and small business consortia in the Tribal Priority Window. may elect to pay the full amount of (c) The frequencies associated with their winning bids in Commission auc- EBS authorizations issued in the Trib- tions commencing prior to January 1, al Priority Window with a geographic 2004 for BTA service areas in install- service area that have cancelled auto- ments over a ten (10) year period run- matically or otherwise recovered by ning from the date that their BTA au- the Commission automatically revert thorizations are issued. to a co-channel EBS county-based au- (1) Upon issuance of a BTA authoriza- thorization. tion to a winning bidder in a Commis- sion auction commencing prior to Jan- [84 FR 57366, Oct. 25, 2019] uary 1, 2004 that is eligible for installment payments, the Commission will § 27.1210 Remote control operation. notify such eligible BTA authorization Licensed BRS/EBS stations may be holder of the terms of its installment operated by remote control without payment plan. For BRS, such install- further authority. ment payment plans will: (i) Impose interest based on the rate § 27.1211 Unattended operation. of ten (10) year U.S. Treasury obliga- Unattended operation of licensed tions at the time of issuance of the BRS/EBS stations is permitted without BTA authorization, plus two and one further authority. An unattended relay half (2.5) percent; station may be employed to receive (ii) Allow installment payments for a ten (10) year period running from the and retransmit signals of another sta- date that the BTA authorization is tion provided that the transmitter is issued; equipped with circuits which permit it (iii) Begin with interest-only pay- to radiate only when the signal in- ments for the first two (2) years; and tended to be retransmitted is present (iv) Amortize principal and interest at the receiver input terminals. over the remaining years of the ten (10) year period running from the date that § 27.1212 License term. the BTA authorization is issued. (a) BRS/EBS licenses shall be issued (2) Conditions and obligations. See for a period of 10 years beginning with § 1.2110(g)(4) of this chapter. the date of grant. (3) Unjust enrichment. If an eligible (b) An initial BTA authorization BTA authorization holder that utilizes shall be issued for a period of ten years installment financing under this sub- from the date the Commission declared section seeks to partition, pursuant to bidding closed in the MDS auction. applicable rules, a portion of its BTA

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containing one-third or more of the and must list and summarize all agree- population of the area within its con- ments that affect designated entity trol in the licensed BTA to an entity status, such as partnership agree- not meeting the eligibility standards ments, shareholder agreements, man- for installment payments, the holder agement agreements and other agree- must make full payment of the remain- ments, including oral agreements, ing unpaid principal and any unpaid in- which establish that the designated en- terest accrued through the date of par- tity will have both de facto and de jure tition as a condition of approval. control of the entity. See 47 CFR (d) Reduced upfront payments. For 1.2110(i). purposes of Commission auctions com- (g) Records maintenance. All holders mencing prior to January 1, 2004 for of BTA authorizations acquired in a BRS licenses, a prospective bidder that Commission auction commencing prior qualifies as a small business, or as a to January 1, 2004 that claim des- small business consortia, is eligible for ignated entity status shall maintain, a twenty-five (25) percent reduction in at their principal place of business or the amount of the upfront payment with their designated agent, an up- otherwise required. To be eligible to dated documentary file of ownership bid on a particular BTA, a small busi- and revenue information necessary to ness will be required to submit an up- establish their status. Holders of BTA front payment equal to seventy-five authorizations or their successors in (75) percent of the upfront payment interest shall maintain such files for a amount specified for that BTA in the ten (10) year period running from the public notice listing the upfront pay- date that their BTA authorizations are ment amounts corresponding to each issued. The files must be made avail- BTA service area being auctioned. able to the Commission upon request. (e) Bidding credits. For purposes of Commission auctions commencing [69 FR 72034, Dec. 10, 2004, as amended at 71 prior to January 1, 2004 for BRS li- FR 35190, June 19, 2006] censes, a winning bidder that qualifies as a small business, or as a small busi- § 27.1214 EBS grandfathered leases. ness consortia, may use a bidding cred- All leases of current EBS spectrum it of fifteen (15) percent to lower the entered into prior to January 10, 2005 cost of its winning bid on any of the and in compliance with leasing rules BTA authorizations awarded in the contained in 47 CFR part 74, revised as Commission BRS auctions commencing of October 1, 2004, may continue in prior to January 1, 2004. force and effect, notwithstanding any (f) Short-form application certifi- inconsistency between such leases and cation; Long-form application or state- the rules applicable to spectrum leas- ment of intention disclosure. A BRS ing arrangements set forth in this applicant in a Commission auction chapter. Such leases entered into pur- commencing prior to January 1, 2004 suant to the rules formerly contained claiming designated entity status shall in 47 CFR part 74 may be renewed and certify on its short-form application assigned in accordance with the terms that it is eligible for the incentives of such lease. All spectrum leasing ar- claimed. A designated entity that is a rangements leases entered into after winning bidder for a BTA service January 10, 2005, under the rules set area(s) shall, in addition to informa- forth in part 1 of this chapter and this tion otherwise required, file an exhibit part, must comply with the rules in to either its initial long-form applica- those parts. tion for a BRS station license, or to its statement of intention with regard to [84 FR 57366, Oct. 25, 2019] the BTA, which discloses the gross revenues for each of the past three years § 27.1215 BRS grandfathered leases. of the winning bidder and its affiliates. (a) All leases of current BRS spec- This exhibit shall describe how the trum entered into prior to January 10, winning bidder claiming status as a 2005 and in compliance with rules for- designated entity satisfies the des- merly contained in part 21 of this chap- ignated entity eligibility requirements, ter may continue in force and effect,

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notwithstanding any inconsistency be- § 27.1217 Competitive bidding proce- tween such leases and the rules appli- dures for the Broadband Radio cable to spectrum leasing arrange- Service and the Educational ments set forth in this chapter. Such Broadband Service. leases entered into pursuant to the Mutually exclusive initial applica- former part 21 of this chapter may be tions for BRS and EBS licenses are renewed and assigned in accordance subject to competitive bidding. For with the terms of such lease. All spec- BRS auctions, the designated entity trum leasing arrangements leases en- provisions of § 27.1218 apply. For EBS tered into after January 10, 2005, pursu- auctions, the designated entity provi- ant to the rules set forth in part 1 and sions of § 27.1219 apply. The general part 27 of this chapter must comply competitive bidding procedures set with the rules in those parts. forth in part 1, subpart Q, of this chapter apply unless otherwise provided in § 27.1216 Grandfathered E and F this subpart. group EBS licenses. (a) Except as noted in paragraph (b) [84 FR 57366, Oct. 25, 2019] of this section, grandfathered EBS li- § 27.1218 Broadband Radio Service censees authorized to operate E and F designated entity provisions. group co-channel licenses are granted a geographic service area (GSA) on July (a) Eligibility for small business provi- 19, 2006. The GSA is the area bounded sions. (1) A small business is an entity by a circle having a 35 mile radius and that, together with all attributed par- centered at the station’s reference co- ties, has average gross revenues that are not more than $40 million for the ordinates, and is bounded by the preceding three years. chord(s) drawn between intersection points of that circle and those of re- (2) A very small business is an entity spective adjacent market, co-channel that, together with all attributed par- licensees. ties, has average gross revenues that are not more than $15 million for the (b) If there is more than 50 percent preceding three years. overlap between the calculated GSA of (3) An entrepreneur is an entity that, a grandfathered EBS license and the together with all attributed parties, protected service area of a co-channel has average gross revenues that are not BRS license, the licensees shall not be more than $3 million for the preceding immediately granted a geographic three years. service area. Instead, the grand- (b) Bidding credits. (1) A winning bid- fathered EBS license and the co-chan- der that qualifies as a small business, nel BRS licensee must negotiate in as defined in this section, or a consor- good faith to reach a solution that ac- tium of small businesses, may use a commodates the communication needs bidding credit of 15 percent, as speci- of both licensees. If the co-channel li- fied in § 1.2110(f)(2)(iii) of this chapter, censees reach a mutually agreeable so- to lower the cost of its winning bid on lution on or before October 17, 2006, any of the licenses in this subpart. then the GSA of each co-channel li- (2) A winning bidder that qualifies as cense shall be as determined pursuant a very small business, as defined in this to the agreement of the parties. If a section, or a consortium of very small mutually agreeable solution between businesses, may use a bidding credit of co-channel licensees is not reached on 25 percent, as specified in or before October 17, 2006, then each co- § 1.2110(f)(2)(ii) of this chapter, to lower channel licensee shall receive a GSA the cost of its winning bid on any of determined pursuant to paragraph (a) the licenses in this subpart. of this section and § 27.1206(a). (3) A winning bidder that qualifies as [71 FR 35191, June 16, 2006] an entrepreneur, as defined in this section, or a consortium of entrepreneurs, may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i) of this

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chapter, to lower the cost of its win- of its authorized bandwidth, provided ning bid on any of the licenses in this that digital modulation is employed, subpart. all power spectral density require- [73 FR 26041, May 8, 2008] ments set forth in this part are met and the out-of-band emissions restric- § 27.1219 Educational Broadband Serv- tions set forth in § 27.53 are met at the ice designated entity provisions. edges of the channels employed. (a) Eligibility for small business provisions. (1) A small business is an entity § 27.1221 Interference protection. that, together with its affiliates, its (a) Interference protection will be af- controlling interests and the affiliates forded to BRS and EBS on a station- of its controlling interests, has average by-station basis based on the heights of gross revenues that are not more than the stations in the LBS and UBS and $55 million for the preceding five (5) also on height benchmarking, although years. the heights of antennas utilized are not (2) A very small business is an entity restricted. that, together with its affiliates, its (b) Height controlling interests and the affiliates Height benchmarking. of its controlling interests, has average benchmarking is defined for pairs of gross revenues that are not more than base stations, one in each of two proxi- $20 million for the preceding five (5) mate geographic service areas (GSAs). years. The height benchmark, which is de- (b) Bidding credits. A winning bidder fined in meters (hbm) for a particular that qualifies as a small business, as base station relative to a base station defined in this section, or a consortium in another GSA, is equal to the dis- of small businesses may use a bidding tance, in kilometers, from the base sta- credit of 15 percent, as specified in tion along a radial to the nearest point § 1.2110(f)(2)(i)(C) of this chapter. A win- on the GSA boundary of the other base 2 ning bidder that qualifies as a very station squared (Dkm ) and then divided 2 small business, as defined in this sec- by 17. That is, hb (m) = Dkm /17. A base tion, or a consortium of very small station antenna will be considered to businesses may use a bidding credit of be within its applicable height bench- 25 percent, as specified in mark relative to another base station § 1.2110(f)(2)(i)(B) of this chapter. if the height in meters of its centerline (c) Rural service provider credit. A of radiation above average elevation rural service provider, as defined in (HAAE) calculated along the straight § 1.2110(f)(4) of this chapter, who has line between the two base stations in not claimed a small business bidding accordance with § 24.53(b) and (c) of this credit may use a bidding credit of 15 chapter does not exceed the height percent bidding credit, as specified in § 1.2110(f)(4)(i) of this chapter. benchmark (hbm). A base station antenna will be considered to exceed its [84 FR 57366, Oct. 25, 2019; 84 FR 64209, Nov. applicable height benchmark relative 21, 2019] to another base station if the HAAE of its centerline of radiation calculated TECHNICAL STANDARDS along the straight line between the two § 27.1220 Transmission standards. base stations in accordance with The width of a channel in the LBS § 24.53(b) and (c) of this chapter exceeds and UBS is 5.5 MHz, with the exception the height benchmark (hbm). of BRS channels 1 and 2 which are 6.0 (c) Protection for receiving antennas MHz. The width of all channels in the not exceeding the height benchmark. Ab- MBS is 6 MHz. However, the licensee sent agreement between the two licens- may subchannelize its authorized band- ees to the contrary, if a transmitting width, provided that digital modula- antenna of one BRS/EBS licensee’s tion is employed and the aggregate base station exceeds its applicable power does not exceed the authorized height benchmark and such licensee is power for the channel. The licensee notified by another BRS/EBS licensee may also, jointly with other licensees, that it is generating an undesired sig- transmit utilizing bandwidth in excess nal level in excess of ¥107 dBm/5.5

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megahertz at the receiver of a co-chan- level of the center of radiation for each nel base station that is within its ap- transmit and receive antenna, and the plicable height benchmark, then the li- date transmissions commenced for censee of the base station that exceeds each of the base stations in its GSA its applicable height benchmark shall within 30 days of receipt of a request either limit the undesired signal at the from a co-channel BRS/EBS licensee receiver of the protected base station with an operational base station lo- to ¥107dBm/5.5 megahertz or less or re- cated in a proximate GSA. Information duce the height of its transmission an- shared pursuant to this section shall tenna to no more than the height not be disclosed to other parties except benchmark. If the interfering base sta- as required to ensure compliance with tion has been modified to increase the this section. EIRP transmitted in the direction of [69 FR 72034, Dec. 10, 2004, as amended at 70 the protected base station, it shall be FR 1190, Jan. 6, 2005; 71 FR 35191, June 19, deemed to have commenced operations 2006; 73 FR 26041, May 8, 2008] on the date of such modification. Such corrective action shall be completed no § 27.1222 Operations in the 2568–2572 later than: and 2614–2618 bands. (i) 24 hours after receiving such noti- All operations in the 2568–2572 and fication, if the base station that ex- 2614–2618 MHz bands shall be secondary ceeds its height benchmark com- to adjacent-channel operations. Sta- menced operations after the station tions operating in the 2568–2572 and that is within its applicable height 2614–2618 MHz must not cause inter- benchmark; or ference to licensees in operation in the (ii) 90 days after receiving such noti- LBS, MBS, and UBS and must accept fication, if the base station that ex- any interference from any station oper- ceeds its height commenced operations ating in the LBS, MBS, and UBS in prior to the station that is within its compliance with the rules established applicable height benchmark. For pur- in this subpart. Stations operating in poses of this section, if the interfering the 2568–2572 and 2614–2618 bands may base station has been modified to in- cause interference to stations in oper- crease the EIRP transmitted in the diation in the LBS, MBS, and UBS if the rection of the victim base station, it affected licensees consent to such in- shall be deemed to have commenced terference. operations on the date of such modification. RELOCATION PROCEDURES FOR THE 2150– (d) No Protection from a transmitting 2160/62 MHZ BAND antenna not exceeding the height benchmark. The licensee of a base station SOURCE: Sections 27.1250 through 27.1255 ap- transmitting antenna less than or pear at 71 FR 29840, May 24, 2006, unless oth- equal to its applicable height bench- erwise noted. mark shall not be required pursuant to paragraph (c) of this section to limit § 27.1250 Transition of the 2150–2160/ that antennas undesired signal level to 62 MHz band from the Broadband ¥107dBm/5.5 megahertz or less at the Radio Service to the Advanced receiver of any co-channel base station. Wireless Service. (e) No protection for a receiving-an- The 2150–2160/62 MHz band has been tenna exceeding the height benchmark. allocated for use by the Advanced The licensee of a base station receive Wireless Service (AWS). The rules in antenna that exceeds its applicable this section provide for a transition pe- height benchmark shall not be entitled riod during which AWS licensees may pursuant to paragraph (c) of this sec- relocate existing Broadband Radio tion to insist that any co-channel base Service (BRS) licensees using these fre- station limit its undesired signal level quencies to their assigned frequencies to ¥107dBm/5.5 megahertz or less at in the 2496–2690 MHz band or other the receiver. media. (f) Information exchange. A BRS/EBS (a) AWS licensees and BRS licensees licensee shall provide the geographic shall engage in mandatory negotia- coordinates, the height above ground tions for the purpose of agreeing to

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terms under which the BRS licensees cilities is disproportionate (i.e., wheth- would: er there is a lack of proportion or rela- (1) Relocate their operations to other tion between the two); frequency bands or other media; or al- (3) What steps the parties have taken ternatively to determine the actual cost of reloca- (2) Accept a sharing arrangement tion to comparable facilities; with the AWS licensee that may result (4) Whether either party has withheld in an otherwise impermissible level of information requested by the other interference to the BRS operations. party that is necessary to estimate re- (b) If no agreement is reached during location costs or to facilitate the relo- the mandatory negotiation period, an cation process. AWS licensee may initiate involuntary (b) Any party alleging a violation of relocation procedures. Under involun- our good faith requirement must at- tary relocation, the incumbent is re- tach an independent estimate of the required to relocate, provided that the location costs in question to any docu- AWS licensee meets the conditions of mentation filed with the Commission § 27.1252. in support of its claim. An independent (c) Relocation of BRS licensees by cost estimate must include a specifica- AWS licensees will be subject to a tion for the comparable facility and a three-year mandatory negotiation pe- statement of the costs associated with riod. BRS licensees may suspend the providing that facility to the incum- running of the three-year negotiation bent licensee. period for up to one year if the BRS li- (c) Mandatory negotiations will com- censee cannot be relocated to commence for each BRS licensee when the parable facilities at the time the AWS AWS licensee informs the BRS licensee licensee seeks entry into the band. in writing of its desire to negotiate. Mandatory negotiations will be con- § 27.1251 Mandatory negotiations. ducted with the goal of providing the (a) Once mandatory negotiations BRS licensee with comparable facili- have begun, a BRS licensee may not ties, defined as facilities possessing the refuse to negotiate and all parties are following characteristics: required to negotiate in good faith. (1) Throughput. Communications Good faith requires each party to pro- throughput is the amount of informa- vide information to the other that is tion transferred within a system in a reasonably necessary to facilitate the given amount of time. System is de- relocation process. The BRS licensee is fined as a base station and all end user required to cooperate with an AWS li- units served by that base station. If censee’s request to provide access to analog facilities are being replaced the facilities to be relocated, other with analog, comparable facilities may than the BRS customer location, so provide a comparable number of chan- that an independent third party can ex- nels. If digital facilities are being re- amine the BRS system and prepare an placed with digital, comparable facili- appraisal of the costs to relocate the ties provide equivalent data loading incumbent. In evaluating claims that a bits per second (bps). party has not negotiated in good faith, (2) Reliability. System reliability is the FCC will consider, inter alia, the the degree to which information is following factors: transferred accurately within a sys- (1) Whether the AWS licensee has tem. Comparable facilities provide reli- made a bona fide offer to relocate the ability equal to the overall reliability BRS licensee to comparable facilities of the BRS system. For digital sys- in accordance with § 27.1252(b); tems, reliability is measured by the (2) If the BRS licensee has demanded percent of time the bit error rate a premium, the type of premium re- (BER) exceeds a desired value, and for quested (e.g., whether the premium is analog or digital video transmission, it directly related to relocation, such as is measured by whether the end-to-end analog-to-digital conversions, versus transmission delay is within the re- other types of premiums), and whether quired delay bound. If an analog sys- the value of the premium as compared tem is replaced with a digital system, to the cost of providing comparable fa- only the resulting frequency response,

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

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compensate BRS licensees for any in- of the incumbent, as determined by creased recurring costs associated with § 27.1255. AWS licensee notification to the replacement facilities (e.g., addi- the affected BRS licensee must be in tional rental payments, increased util- writing and must provide the incum- ity fees) for five years after relocation. bent with no less than six months to AWS licensees may satisfy this obliga- vacate the spectrum. After the six- tion by making a lump-sum payment month notice period has expired, the based on present value using current BRS licensee must turn its license interest rates. Additionally, the main- back into the Commission, unless the tenance costs to the BRS licensee must parties have entered into an agreement be equivalent to the replaced system in which allows the BRS licensee to con- order for the replacement system to be tinue to operate on a mutually agreed considered comparable. upon basis. (c) AWS licensees are responsible for (b) If the parties cannot agree on a the relocation costs of end user units schedule or an alternative arrange- served by the BRS base station that is ment, requests for extension will be ac- being relocated. If a lessee is operating cepted and reviewed on a case-by-case under a BRS license, the AWS licensee basis. The Commission will grant such shall on the throughput, reliability, extensions only if the incumbent can and operating costs of facilities in use demonstrate that: by a lessee at the time of relocation in (1) It cannot relocate within the six- determining comparable facilities for month period (e.g., because no alter- involuntary relocation purposes. native spectrum or other reasonable (d) Twelve-month trial period. If, with- option is available); and in one year after the relocation to new (2) The public interest would be facilities, the BRS licensee dem- harmed if the incumbent is forced to onstrates that the new facilities are terminate operations. not comparable to the former facilities, the AWS licensee must remedy § 27.1254 Eligibility. the defects or pay to relocate the BRS licensee to one of the following: Its (a) BRS licensees with primary sta- former or equivalent 2 GHz channels, tus in the 2150–2162 MHz band as of another comparable frequency band, a June 23, 2006, will be eligible for reloca- land-line system, or any other facility tion insofar as they have facilities that that satisfies the requirements speci- are constructed and in use as of this fied in paragraph (b) of this section. date. This trial period commences on the (b) Future licensing and modifications. date that the BRS licensee begins full After June 23, 2006, all major modifica- operation of the replacement system. If tions to existing BRS systems in use in the BRS licensee has retained its 2 GHz the 2150–2160/62 MHz band will be au- authorization during the trial period, thorized on a secondary basis to AWS it must return the license to the Com- systems, unless the incumbent affirma- mission at the end of the twelve tively justifies primary status and the months. incumbent BRS licensee establishes that the modification would not add to § 27.1253 Sunset provisions. the relocation costs of AWS licensees. (a) BRS licensees will maintain pri- Major modifications include the fol- mary status in the 2150–2160/62 MHz lowing: band unless and until an AWS licensee (1) Additions of new transmit sites or requires use of the spectrum. AWS li- base stations made after June 23, 2006; censees are not required to pay reloca- (2) Changes to existing facilities tion costs after the relocation rules made after June 23, 2006, that would in- sunset (i.e. fifteen years from the date crease the size or coverage of the serv- the first AWS license is issued in the ice area, or interference potential, and band). Once the relocation rules sunset, that would also increase the through- an AWS licensee may require the input of an existing system (e.g., sector cumbent to cease operations, provided splits in the antenna system). Modi- that the AWS licensee intends to turn fications to fully utilize the existing on a system within interference range throughput of existing facilities (e.g.,

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to add customers) will not be consid- Notice of Proposed Rulemaking, 15 FCC ered major modifications even if such Rcd 14566 at 14610, Appendix D. changes increase the size or coverage of (b) Any AWS licensee in the 2110–2180 the service area, or interference poten- MHz band that causes actual and de- tial. monstrable interference to a BRS licensee in the 2150–2160/62 MHz band § 27.1255 Relocation criteria for must take steps to eliminate the harm- Broadband Radio Service licensees ful interference, up to and including rein the 2150–2160/62 MHz band. location of the BRS licensee, regard- (a) An AWS licensee in the 2150–2160/ less of whether it would be required to 62 MHz band, prior to initiating oper- do so under paragraph (a), of this sec- ations from any base or fixed station tion. that is co-channel to the 2150–2160/62 MHz band, must relocate any incum- Subpart N—600 MHz Band bent BRS system that is within the line of sight of the AWS licensee’s base SOURCE: 79 FR 48539, Aug. 15, 2014, unless or fixed station. For purposes of this otherwise noted. section, a determination of whether an AWS facility is within the line of sight COMPETITIVE BIDDING PROVISIONS of a BRS system will be made as fol- § 27.1300 600 MHz band subject to com- lows: petitive bidding. (1) For a BRS system using the 2150– As required by section 6403(c) of the 2160/62 MHz band exclusively to provide Spectrum Act, applications for 600 MHz one-way transmissions to subscribers, band initial licenses are subject to the AWS licensee will determine competitive bidding. The general com- whether there is an unobstructed sig- petitive bidding procedures set forth in nal path (line of sight) to the incum- 47 CFR part 1, subpart Q will apply un- bent licensee’s geographic service area less otherwise provided in this subpart. (GSA), based on the following criteria: use of 9.1 meters (30 feet) for the receiv- § 27.1301 Designated entities in the 600 ing antenna height, use of the actual MHz band. transmitting antenna height and ter- (a) Small business. (1) A small business rain elevation, and assumption of 4/3 is an entity that, together with its af- Earth radius propagation conditions. filiates, its controlling interests, and Terrain elevation data must be ob- the affiliates of its controlling inter- tained from the U.S. Geological Survey ests, has average gross revenues not ex- (USGS) 3-second database. All coordi- ceeding $55 million for the preceding nates used in carrying out the required three (3) years. analysis shall be based upon use of (2) A very small business is an entity NAD–83. that, together with its affiliates, its (2) For all other BRS systems using controlling interests, and the affiliates the 2150–2160/62 MHz band, the AWS li- of its controlling interests, has average censee will determine whether there is gross revenues not exceeding $20 mil- an unobstructed signal path (line of lion for the preceding three (3) years. sight) to the incumbent licensee’s re- (b) Eligible rural service provider. For ceive station hub using the method purposes of this section, an eligible prescribed in ‘‘Methods for Predicting rural service provider is an entity that Interference from Response Station meets the criteria specified in Transmitters and to Response Station § 1.2110(f)(4) of this chapter. Hubs and for Supplying Data on Re- (c) Bidding credits. (1) A winning bid- sponse Station Systems. MM Docket der that qualifies as a small business as 97–217,’’ in Amendment of Parts 1, 21 defined in this section or a consortium and 74 to Enable Multipoint Distribu- of small businesses may use the bid- tion Service and Instructional Tele- ding credit specified in vision Fixed Service Licensees to En- § 1.2110(f)(2)(i)(C) of this chapter. A win- gage in Fixed Two-Way Transmissions, ning bidder that qualifies as a very MM Docket No. 97–217, Report and Order small business as defined in this sec- on Further Reconsideration and Further tion or a consortium of very small

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businesses may use the bidding credit the culling distances specified in Ta- specified in § 1.2110(f)(2)(i)(B) of this bles 7–12 of OET Bulletin No. 74 from the chapter. noise-limited contour or protected con- (2) An entity that qualifies as eligible tour of such a broadcast television sta- rural service provider or a consortium tion; of rural service providers may use the (3) Is required to perform an inter- bidding credit specified in § 1.2110(f)(4) ference study using the methodology in of this chapter. OET Bulletin No. 74 when modifying a [80 FR 56817, Sept. 18, 2015] base station within the culling distances in Tables 7–12 of OET Bulletin 74 PROTECTION OF OTHER SERVICES that results in an increase in energy in the direction of co-channel or adjacent § 27.1310 Protection of Broadcast Tele- channel broadcast television station’s vision Service in the 600 MHz band from wireless operations. contours; (4) Is required to maintain records of (a) Licensees authorized to operate the latest OET Bulletin No. 74 study for wireless services in the 600 MHz band each base station and make them must cause no harmful interference to available for inspection to the Commis- public reception of the signals of sion and, upon a claim of harmful in- broadcast television stations transmit- terference, to the requesting broad- ting co-channel or on an adjacent chan- casting television station. nel. (1) Such wireless operations must (c) A licensee authorized to operate comply with the D/U ratios in Table 5 wireless services in the 600 MHz uplink in OET Bulletin No. 74, Methodology band must limit its service area so that for Predicting Inter-Service Inter- mobile and portable devices do not ference to Broadcast Television from transmit: Mobile Wireless Broadband Services in (1) Co-channel or adjacent channel to the UHF Band ([DATE]) (‘‘OET Bulletin a broadcast television station within No. 74’’). Copies of OET Bulletin No. 74 that station’s noise-limited contour or may be inspected during normal busi- protected contour; ness hours at the Federal Communica- (2) Co-channel to a broadcast tele- tions Commission, 445 12th St. SW., vision station within five kilometers of Dockets Branch (Room CY A09257), that station’s noise-limited contour or Washington, DC 20554. This document protected contour; and is also available through the Internet (3) Adjacent channel to a broadcast on the FCC Home Page at http:// television station within 500 meters of www.fcc.gov. that station’s noise-limited contour or (2) If a 600 MHz band licensee causes protected contour. harmful interference within the noise- (d) For purposes of this section, the limited contour or protected contour of following definitions apply: a broadcast television station that is (1) Broadcast television station is de- operating co-channel or on an adjacent fined pursuant to § 73.3700(a)(1) of this channel, the 600 MHz band licensee chapter; must eliminate the harmful inter- (2) Noise-limited contour is defined ference. to be the full power station’s noise-lim- (b) A licensee authorized to operate wireless services in the 600 MHz ited contour pursuant to § 73.622(e); downlink band: (3) Protected contour is defined to be (1) Is not permitted to deploy wire- a Class A television station’s protected less base stations within the noise-lim- contour as specified in section 73.6010; ited contour or protected contour of a (4) Co-channel operations in the 600 broadcast television station licensed MHz band are defined as operations of on a co-channel or adjacent channel in broadcast television stations and wire- the 600 MHz downlink band; less services where their assigned chan- (2) Is required to perform an inter- nels or frequencies spectrally overlap; ference study using the methodology in (5) Adjacent channel operations are OET Bulletin No. 74 before deploying or defined as operations of broadcast tele- operating wireless base stations within vision stations and wireless services

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where their assigned channels or fre- Subpart O—3.7 GHz Service quencies spectrally abut each other or (3700–3980 MHz) are separated by up to 5 MHz.

[80 FR 71743, Nov. 17, 2015] SOURCE: 85 FR 22882, Apr. 23, 2020, unless otherwise noted. COORDINATION/NOTIFICATION REQUIREMENTS § 27.1401 Licenses in the 3.7 GHz Serv- ice are subject to competitive bid- § 27.1320 Notification to white space ding. database administrators. Mutually exclusive initial applica- To receive interference protection, tions for licenses in the 3.7 GHz Service 600 MHz licensees shall notify one of are subject to competitive bidding. The the white space database administra- general competitive bidding procedures tors of the areas where they have com- set forth in 47 CFR part 1, subpart Q, menced operation pursuant to will apply unless otherwise provided in §§ 15.713(j)(10) and 15.715(n) of this chap- this subpart. ter. § 27.1402 Designated entities in the 3.7 [80 FR 73085, Nov. 23, 2015] GHz Service. § 27.1321 Requirements for operation (a) Eligibility for small business provi- of base and fixed stations in the 600 sions—(1) Definitions—(i) Small business. MHz downlink band in close prox- A small business is an entity that, to- imity to Radio Astronomy Observ- gether with its affiliates, its control- atories. ling interests, and the affiliates of its (a) Licensees must make reasonable controlling interests, has average gross efforts to protect the radio astronomy revenues not exceeding $55 million for observatory at Green Bank, WV, Are- the preceding five (5) years. cibo, PR, and those identified in (ii) Very small business. A very small § 15.712(h)(3) of this chapter as part of business is an entity that, together the Very Long Baseline Array (VLBA) with its affiliates, its controlling inter- from interference. ests, and the affiliates of its control- (b) 600 MHz band base and fixed sta- ling interests, has average gross reve- tions in the 600 MHz downlink band nues not exceeding $20 million for the within 25 kilometers of VLBA observ- preceding five (5) years. atories are subject to coordination (2) Bidding credits. A winning bidder with the National Science Foundation that qualifies as a small business, as (NSF) prior to commencing operations. defined in this section, or a consortium The appropriate NSF contact point to of such small businesses as provided in initiate coordination is: Division of As- § 1.2110(c)(6) of this chapter, may use a tronomical Sciences, Electromagnetic bidding credit of 15 percent, subject to Spectrum Management Unit, 2415 Ei- the cap specified in § 1.2110(f)(2)(ii) of senhower Avenue, Alexandria, VA this chapter. A winning bidder that 22314; Email: [email protected]. qualifies as a very small business, as (c) Any licensee that intends to oper- defined in this section, or a consortium ate base and fixed stations in the 600 of such very small businesses as pro- MHz downlink band in locations near vided in § 1.2110(c)(6) of this chapter, the Radio Astronomy Observatory site may use a bidding credit of 25 percent, located in Green Bank, Pocahontas subject to the cap specified in County, West Virginia, or near the Are- § 1.2110(f)(2)(ii) of this chapter. cibo Observatory in Puerto Rico, must (b) Eligibility for rural service provider comply with the provisions in § 1.924 of bidding credit. A rural service provider, this chapter. as defined in § 1.2110(f)(4)(i) of this chapter, that has not claimed a small [79 FR 48538, Aug. 15, 2014. Redesignated at 81 business bidding credit may use the FR 4975, Jan. 29, 2016; 85 FR 38740, June 26, 2020] bidding credit of 15 percent specified in § 1.2110(f)(4) of this chapter.

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§ 27.1411 Transition of the 3700–3980 earth station on new frequencies in the MHz band to the 3.7 GHz Service. upper portion of the band, including, (a) Transition of the 3700–3798 MHz but not limited to retuning and re- Band. The 3700–3980 MHz band is being pointing antennas, ‘‘dual illumination’’ transitioned in the lower 48 contiguous during which the same programming is states and the District of Columbia simultaneously downlinked over the from geostationary satellite orbit original and new frequencies, and the (GSO) fixed-satellite service (space-to- installation of new equipment or soft- Earth) and fixed service operations to ware at earth station uplink and/or the 3.7 GHz Service. downlink locations for customers iden- (b) Definitions—(1) Incumbent space tified for technology upgrades nec- station operator. An incumbent space essary to facilitate the repack, such as station operator is defined as a space compression technology or modulation. station operator authorized to provide (5) Earth station filtering. A passband C-band service to any part of the con- filter must be installed at the site of tiguous United States pursuant to an each incumbent earth station at the FCC-issued license or grant of market same time or after it has been mi- access as of June 21, 2018. grated to new frequencies to block sig- (2) Eligible space station operator. For nals from adjacent channels and to pre- purposes of determining eligibility to vent harmful interference from licens- receive reimbursement for relocation ees in the 3.7 GHz Service. Earth sta- costs incurred as a result of the transition filtering can occur either simulta- tion of FSS operations to the 4000–4200 neously with, or after, the earth sta- MHz band, an eligible space station option migration, or can occur at any erators may receive reimbursement for point after the earth station migration relocation costs incurred as a result of so long as all affected earth stations in the transition of FSS operations to the a given Partial Economic Area and sur- 4000–4200 MHz band. An eligible space rounding areas are filtered prior to a li- station operator is defined as an in- censee in the 3.7 GHz Service com- cumbent space station operator that mencing operations. has demonstrated as of February 1, (6) Contiguous United States (CONUS). 2020, that it has an existing relation- For the purposes of the rules estab- ship to provide service via C-band sat- lished in this subpart, contiguous ellite transmission to one or more in- United States consists of the contig- cumbent earth stations in the contiguous 48 states and the District of Co- uous United States. Such existing rela- lumbia as defined by Partial Economic tionships may be directly with the in- Areas Nos. 1–41, 43–211, 213–263, 265–297, cumbent earth station, or indirectly 299–359, and 361–411, which includes through content distributors or other areas within 12 nautical miles of the entities, so long as the relationship re- U.S. Gulf coastline (see § 27.6(m)). In quires the provision of C-band satellite this context, the rest of the United services to one or more specific incum- States includes the Honolulu, Anchor- bent earth stations in the contiguous age, Kodiak, Fairbanks, Juneau, Puer- United States. to Rico, Guam-Northern Mariana Is- (3) Incumbent earth station. An incum- lands, U.S. Virgin Islands, American bent earth station for this subpart is Samoa, and the Gulf of Mexico PEAs. defined as an earth station that is enti- (7) Relocation Payment Clearinghouse. tled to interference protection pursu- A Relocation Payment Clearinghouse ant to § 25.138(c) of this chapter. An in- is a neutral, independent third-party to cumbent earth station must transition administer the cost management for above 4000 MHz pursuant to this sub- the transition of the 3700–4000 MHz part. An incumbent earth station will band from the Fixed Satellite Service be able to continue receiving uninter- and Fixed Service to the 3.7 GHz Serv- rupted service both during and after ice. the transition. (8) Relocation Coordinator. A Reloca- (4) Earth station migration. Earth station Coordinator is a third party that tion migration includes any necessary will ensure that all incumbent space changes that allow the uninterrupted station operators are relocating in a reception of service by an incumbent timely matter, and that is selected

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consistent with § 27.1413. The Reloca- later than December 5, 2023 (Phase II tion Coordinator will have technical deadline). To satisfy the Phase II dead- experience in understanding and work- line, an eligible space station operator ing on earth stations and will manage must also provide passband filters on the migration and filtering of incum- all associated incumbent earth stations bent earth stations of eligible space in CONUS no later than December 5, station operators that decline acceler- 2023. ated relocation payment. (3) Transition delays. An eligible space station operator shall not be held re- § 27.1412 Transition Plan. sponsible for circumstances beyond (a) Relocation deadlines. Eligible space their control related to earth station station operators are responsible for all migration or filtering. necessary actions to clear their tran- (i) An eligible space station operator sponders from the 3700–4000 MHz band must submit a notice of any incumbent (e.g., launching new satellites, re- earth station transition delays to the programming transponders, exchanging Wireless Telecommunications Bureau customers) and to migrate the existing within 7 days of discovering an inabil- services of incumbent earth stations in ity to accomplish the assigned earth CONUS to the 4000–4200 MHz band (un- station transition task. Such a request less the incumbent earth station opts must include supporting documenta- out of the formal relocation process, tion to allow for resolution as soon as per paragraph (e) of this section), as of practicable and must be submitted be- December 5, 2025. Eligible space station fore the accelerated relocation dead- operators that fail to do so will be in lines. violation of the conditions of their li- (ii) [Reserved] cense authorization and potentially (4) Responsibility for meeting acceler- subject to forfeitures and other sanc- ated relocation deadlines. An eligible tions. space station operator’s satisfaction of (b) Accelerated relocation deadlines. An the accelerated relocation deadlines eligible space station operator shall shall be determined on an individual qualify for accelerated relocation pay- basis. ments by completing an early transi- (c) Accelerated relocation election. An tion of the band to the 3.7 GHz Service. eligible space station operator may (1) Phase I deadline. An eligible space elect to receive accelerated relocation station operator shall receive an accel- payments to transition the 3700–4000 erated relocation payment if it clears MHz band to the 3.7 GHz Service ac- its transponders from the 3700–3820 MHz cording to the Phase I and Phase II band and migrates all associated in- deadlines via a written commitment by cumbent earth stations in CONUS filing an accelerated relocation elec- above 3820 MHz no later than December tion in GN Docket No. 18–122 no later 5, 2021 (Phase I deadline). To satisfy the than May 29, 2020. Phase I deadline, an eligible space sta- (1) The Wireless Telecommunications tion operator must also provide Bureau will prescribe the precise form passband filters to block signals from of such election via Public Notice no the 3700–3820 MHz band on all associ- later than May 12, 2020. ated incumbent earth stations in PEAs (2) Each eligible space station oper- 1–4, 6–10, 12–19, 21–41, and 43–50 no later ator that that makes an accelerated re- than December 5, 2021 (see § 27.6(m)). If location election will be required, as an eligible space station operator re- part of its filing of this accelerated receives an accelerated relocation pay- location election, to commit to paying ment for meeting this deadline, it must the administrative costs of the Clear- also satisfy the second early clearing inghouse until the Commission awards deadline of December 5, 2023. licenses to the winning bidders in the (2) Phase II deadline. An eligible space auction, at which time those adminis- station operator shall receive an accel- trative costs will be repaid to those erated relocation payment if it clears space station operators. its transponders from the 3700–4000 MHz (d) Transition Plan. Eligible space sta- band and migrates incumbent earth tion operators must file with the Com- stations in CONUS above 4000 MHz no mission in GN Docket No. 18–122 no

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later than June 12, 2020, a Transition file the information needed for such a Plan that describes the actions that plan with the Relocation Coordinator. must be taken to clear transponders on (i) Where space station operators do space stations and to migrate and filter not elect to clear by the accelerated re- earth stations. Eligible space station location deadlines and therefore are operators must make any necessary not responsible for earth station relo- updates or resolve any deficiencies in cation, the Earth Station Transition their individual Transition Plans by Plan must provide timelines that en- August 14, 2020. sure all earth station relocation is (1) The Transition Plan must detail completed no later than the relocation the eligible space station operator’s in- deadline. dividual timeline and necessary ac- (ii) The Relocation Coordinator will tions for clearing its transponders from describe and recommend the respective the 3700–4000 MHz band, including: responsibility of each party for earth (i) All existing space stations with station migration and filtering obliga- operations that will need to be tions in the Earth Station Transition transitioned to operations above 4000 Plan and assist incumbent earth sta- MHz; tions in transitioning including, for ex- (ii) The number of new satellites, if ample, by installing filters or hiring a any, that the space station operator third party to install such filters to the extent necessary. will need to launch in order to main- (e) Incumbent earth station opt-out. An tain sufficient capacity post-transi- incumbent earth station within the tion, including detailed descriptions of contiguous United States may opt out why such new satellites are necessary; of the formal relocation process and (iii) The specific grooming plan for accept a lump sum payment equal to migrating existing services above 4000 the estimated reasonable transition MHz, including the pre- and post-tran- costs of earth station migration and sition frequencies that each customer filtering, as determined by the Wireless will occupy; Telecommunications Bureau, in lieu of (iv) Any necessary technology up- actual relocation costs. Such an in- grades or other solutions, such as video cumbent earth station is responsible compression or modulation, that the for coordinating with the relevant space station operator intends to im- space station operator as necessary and plement; performing all relocation actions on its (v) The number and location of in- own, including switching to alternative cumbent earth stations antennas cur- transmission mechanisms such as fiber, rently receiving the space station oper- and it will not receive further reim- ator’s transmissions that will need to bursement for any costs exceeding the be transitioned above 4000 MHz; lump sum payment. An incumbent (vi) An estimate of the number and earth station electing to opt out must location of incumbent earth station an- inform the appropriate space station tennas that will require retuning and/ operator(s) and the Relocation Coordi- or repointing in order to receive con- nator that earth station migration and tent on new transponder frequencies filtering will not be necessary for the post-transition; and relevant earth station site and must (vii) The specific timeline by which coordinate with operators to avoid any the space station operator will imple- disruption of video and radio program- ment the actions described in its plan ming. including any commitments to satisfy (f) Space station status reports. On a an early clearing. quarterly basis, beginning December (2) To the extent that incumbent 31, 2020: Each eligible space station op- earth stations are not accounted for in erator must provide a status report of eligible space station operators’ Tran- its clearing efforts. Eligible space sta- sition Plans, the Relocation Coordi- tion operators may file joint status re- nator must prepare an Earth Station ports. Transition Plan for such incumbent (g) Certification of accelerated reloca- earth stations and may require each tion. Each eligible space station oper- associated space station operator to ator must file a timely certification

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that it has completed the necessary station operators that decline acceler- clearing actions to satisfy each accel- ated relocation payment. erated relocation deadline. The certifi- (1) The search committee should pro- cation must be filed once the eligible ceed by consensus; however, if a vote space station operator completes its on selection of a Relocation Coordi- obligations but no later than the appli- nator is required, it shall be by a super- cable accelerated relocation deadline. majority (80%). The Wireless Telecommunication Bu- (i) The search committee shall notify reau will prescribe the form of such the Commission of its choice of Reloca- certification. tion Coordinator. (1) The Bureau, Clearinghouse, and (ii) The Wireless Telecommuni- relevant stakeholders will have the opportunity to review the certification of cations Bureau shall issue a Public No- accelerated relocation and identify po- tice inviting comment on whether the tential deficiencies. The Wireless Tele- entity selected satisfies the criteria es- communications Bureau will prescribe tablished in paragraph (b) of this sec- the form of any challenges by relevant tion and issue a final order announcing stakeholders as to the validity of the whether the criteria has been satisfied; certification and will establish the (iii) Should the Wireless Tele- process for how such challenges will communications Bureau be unable to impact the incremental decreases in find the criteria have been satisfied, the accelerated relocation payment as the selection process will start over set- forth in § 27.1422(d). and the search committee will submit (2) If credible challenges as to the a new proposed entity. space station operator’s satisfaction of (2) If eligible space station operators the relevant deadline are made, the Bu- select a Relocation Coordinator, they reau will issue a public notice identi- shall be responsible for paying its fying such challenges and will render a costs. final decision as to the validity of the (3) In the event that the search com- certification no later than 60 days from mittee fails to select a Relocation Co- its filing. Absent notice from the Bu- ordinator and to notify the Commis- reau of any such deficiencies within 30 sion by July 31, 2020, or in the case that days of the filing of the certification, at least 80% of accelerated relocation the certification of accelerated reloca- payments are not accepted (and thus tion will be deemed validated. accelerated relocation is not trig- (h) Delegated authority. The Wireless gered): Telecommunications Bureau is dele- (i) The search committee will be dis- gated the role of providing clarifica- solved without further action by the tions or interpretations to eligible Commission. space station operators of the Commis- sion’s orders for all aspects of the tran- (ii) The Commission will initiate a sition. procurement of a Relocation Coordi- nator to facilitate the transition. Spe- § 27.1413 Relocation Coordinator. cifically, the Office of the Managing (a) Search committee. If eligible space Director will initiate the procurement, station operators elect to receive ac- and the Wireless Telecommunications celerated relocation payments no later Bureau will take all other necessary than May 29, 2020, so that a super- actions to meet the accelerated reloca- majority (80%) of accelerated relocation deadlines (to the extent applicable tion payments are accepted, each such to any given operator) and the reloca- electing eligible space station operator tion deadline. shall be eligible to appoint one member (iii) In the case that the Wireless to a search committee that will seek Telecommunications Bureau selects proposals for a third-party with tech- the Relocation Coordinator, overlay li- nical experience in understanding and censees will, collectively, pay for the working on earth stations to serve as a services of the Relocation Coordinator Relocation Coordinator and to manage and staff. The Relocation Coordinator the migration and filtering of incum- shall submit its own reasonable costs bent earth stations of eligible space to the Relocation Clearinghouse, who

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will then collect payments from over- (4) Coordinate its operations with lay licensees. It shall also provide addi- overlay licensees. tional financial information as re- (5) Be responsible for receiving notice quested by the Bureau to satisfy the from earth station operators or other Commission’s oversight responsibil- satellite customers of any disputes re- ities and/or agency specific/govern- lated to comparability of facilities, ment-wide reporting obligations. workmanship, or preservation of serv- (b) Relocation Coordinator criteria. The ice during the transition and shall sub- Relocation Coordinator must be able to sequently notify the Wireless Tele- demonstrate that it has the requisite communications Bureau of the dispute expertise to perform the duties re- and provide recommendations for reso- quired, which will include: lution. (1) Coordinating the schedule for (6) Must make real time disclosures clearing the band; of the content and timing of and the (2) Performing engineering analysis, parties to communications, if any, as necessary to determine necessary from or to applicants to participate in earth station migration actions; the competitive bidding, as defined by (3) Assigning obligations, as nec- § 1.2105(c)(5)(i) of this chapter whenever essary, for earth station migrations the prohibition in § 1.2105(c) of this and filtering; chapter applies to competitive bidding (4) Coordinating with overlay licens- for licenses in the 3.7 GHz Service. ees throughout the transition process; (7) Incumbent space station operators (5) Assessing the completion of the must cooperate in good faith with the transition in each PEA and deter- Relocation Coordinator throughout the mining overlay licensees’ ability to transition. commence operations; and (6) Mediating scheduling disputes. (d) Status reports. On a quarterly (c) Relocation Coordinator duties. The basis, beginning December 31, 2020, the Relocation Coordinator shall: Relocation Coordinator must provide a (1) Establish a timeline and take ac- report on the overall status of clearing tions necessary to migrate and filter efforts. incumbent earth stations to ensure un- (e) Document requests. The Wireless interrupted service during and fol- Telecommunications Bureau, in con- lowing the transition. sultation with the Office of Managing (2) Review the Transition Plans filed Director, may request any documenta- by all eligible space station operators tion from the Relocation Coordinator and recommend any changes to those necessary to provide guidance or carry plans to the Commission to the extent out oversight. needed to ensure a timely transition. (3) To the extent that incumbent § 27.1414 Relocation Payment Clear- inghouse. earth stations are not accounted for in eligible space station operators’ Tran- A Relocation Payment Clearinghouse sition Plans, the Relocation Coordi- shall be selected and serve to admin- nator must include those incumbent ister the cost-related aspects of the earth stations in an Earth Station transition in a fair, transparent man- Transition Plan. ner, pursuant to Commission rules and (i) May require each associated space oversight, to mitigate financial dis- station operator to file the information putes among stakeholders, and to col- needed for such a plan with the Reloca- lect and distribute payments in a time- tion Coordinator. ly manner for the transition of the (ii) Will describe and recommend the 3700–4000 MHz band to the 3.7 GHz Serv- respective responsibility of each party ice. for earth station migration obligations (a) Selection process. (1) A search com- in the Earth Station Transition Plan mittee will select the Relocation Pay- and assist incumbent earth stations in ment Clearinghouse. The search com- transitioning including, for example, mittee shall consist of member ap- by installing filters or hiring a third pointed by each of following nine enti- party to install such filters to the ex- ties: ACA Connects, Intelsat, SES, tent necessary. Eutelsat S.A., National Association

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Broadcasters, National Cable Tele- (i) Organizational conflicts of inter- vision Association, CTIA, Competitive est means that because of other activi- Carriers Association, and WISPA. ties or relationships with other enti- (2) The search committee shall con- ties, the Relocation Payment Clearing- vene no later than June 22, 2020 and house, its contractors, or significant shall notify the Commission of the de- subcontractors are unable or poten- tailed selection criteria for the posi- tially unable to render impartial serv- tion of Relocation Payment Clearing- ices, assistance or advice; the Reloca- house no later than June 1, 2020. Such tion Payment Clearinghouse’s objec- criteria must be consistent with the tivity in performing its function is or qualifications, roles, and duties of the might be otherwise impaired; or the Relocation Payment Clearinghouse Relocation Payment Clearinghouse specified in this subpart. The Wireless might gain an unfair competitive ad- Telecommunications Bureau (Bureau) vantage. is directed, on delegated authority, to (ii) Personal conflict of interest issue a Public Notice notifying the means a situation in which an em- public that the search committee has ployee, officer, or director of the Relo- published criteria, outlining submis- cation Payment Clearinghouse, the Re- sion requirements, and providing the location Payment Clearinghouse’s con- closing dates for the selection of the tractors or significant subcontractors Relocation Payment Clearinghouse and has a financial interest, personal activ- source ( web page). i.e., ity, or relationship that could impair (3) The search committee should pro- that person’s ability to act impartially ceed by consensus; however, if a vote and in the best interest of the transi- on selection of a Relocation Payment tion when performing their assigned Clearinghouse is required, it shall be role, or is engaged in self-dealing. by a majority. (2) The Relocation Payment Clear- (4) In the event that the search com- inghouse must be able to demonstrate mittee fails to select a Relocation Pay- that it has the requisite expertise to ment Clearinghouse and to notify the perform the duties required, which will Commission by July 31, 2020, the search include collecting and distributing re- committee will be dissolved without location and accelerated relocation further action by the Commission. In payments, auditing incoming and out- the event that the search committee going estimates, mitigating cost dis- fails to select a Clearinghouse and to notify the Commission by July 31, 2020, putes among parties, and generally act- two of the nine members of the search ing as clearinghouse. committee will be dropped therefrom (3) The search committee should en- by lot, and the remaining seven mem- sure that the Relocation Payment bers of the search committee shall se- Clearinghouse meets relevant best lect a Clearinghouse by majority vote practices and standards in its oper- by August 14, 2020. ation to ensure an effective and effi- (5) During the course of the Reloca- cient transition. First, the Relocation tion Payment Clearinghouse’s tenure, Payment Clearinghouse should be re- the Commission will take such meas- quired, in administering the transition, ures as are necessary to ensure timely to: compliance, including, should it be- (i) Engage in strategic planning and come necessary, issuing subsequent adopt goals and metrics to evaluate its public notices to select new Relocation performance; Payment Clearinghouses(s). (ii) Adopt internal controls for its op- (b) Selection criteria. (1) The Reloca- erations; tion Payment Clearinghouse must be a (iii) Utilize enterprise risk manage- neutral, independent entity with no ment practices; and conflicts of interest (organizational or (iv) Use best practices to protect personal) on the part of the organiza- against improper payments and to pre- tion or its officers, directors, employ- vent fraud, waste and abuse in its han- ees, contractors, or significant sub- dling of funds. The Relocation Pay- contractors. ment Clearinghouse must be required

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to create written procedures for its op- e.g., salaries and fees paid to law firms, erations, using the Government Ac- accounting firms, and other consult- countability Office’s Green Book to ants. The report shall include descrip- serve as a guide in satisfying such re- tions of any disputes and the manner quirements. in which they were resolved. (4) The search committee must also (2) The Relocation Payment Clear- ensure that the Relocation Payment inghouse shall provide to the Office of Clearinghouse adopts robust privacy the Managing Director and the Wire- and data security best practices in its less Telecommunications Bureau, by operations, given that it will receive March 1 of each year, an audited state- and process information critical to en- ment of funds expended to date, includ- suring a successful and expeditious ing salaries and expenses of the Clear- transition. inghouse. (i) When the prohibition in § 1.2105(c) (3) The Relocation Clearing House of this chapter applies to competitive shall provide to the Wireless Tele- bidding for licenses in the 3.7 GHz serv- communications Bureau additional in- ice, the Relocation Payment Clearing- formation upon request. house must make real time disclosures of the content and timing of and the § 27.1415 Documentation of expenses. parties to communications, if any, Parties seeking reimbursement of from or to applicants to participate in compensable relocation costs must the competitive bidding, as defined by document their actual expenses and § 1.2105(c)(5)(i) of this chapter. the Relocation Payment Clearing- (ii) The Relocation Payment Clear- house, or a third-party on behalf of the inghouse should also comply with, on Relocation Payment Clearinghouse, an ongoing basis, all applicable laws may conduct audits of entities that re- and Federal Government guidance on ceive reimbursements. Entities receiv- privacy and information security re- ing reimbursements must make avail- quirements such as relevant provisions able all relevant documentation upon in the Federal Information Security request from the Relocation Payment Management Act, National Institute of Clearinghouse or its contractor. Standards and Technology publications, and Office of Management and § 27.1416 Reimbursable costs. Budget guidance. (a) Determining reimbursable costs. The (iii) The Relocation Payment Clear- Relocation Payment Clearinghouse inghouse must hire a third-party firm shall review reimbursement requests to to independently audit and verify, on determine whether they are reasonable an annual basis, the Relocation Pay- and to ensure they comply with the re- ment Clearinghouse’s compliance with quirements adopted in this sub-part. privacy and information security re- The Relocation Payment Clearing- quirements and to provide rec- house shall give parties the oppor- ommendations based on any audit find- tunity to supplement any reimburse- ings; to correct any negative audit ment claims that the Relocation Pay- findings and adopt any additional prac- ment Clearinghouse deems deficient. tices suggested by the auditor; and to Reimbursement submissions that fall report the results to the Bureau. within the estimated range of costs in (c) Reports and information. (1) The the cost category schedule issued by Relocation Payment Clearinghouse the Wireless Telecommunications Bu- must provide quarterly reports that de- reau shall be presumed reasonable. If tail the status of reimbursement funds the Relocation Payment Clearinghouse available for clearing obligations, the determines that the amount sought for relocation and accelerated relocation reimbursement is unreasonable, it payments issued, the amounts col- shall notify the party of the amount it lected from overlay licensees, and any deems eligible for reimbursement. The certifications filed by incumbents. The Wireless Telecommunications Bureau reports must account for all funds shall make further determinations re- spent to transition the 3.7 GHz Service lated to reimbursable costs, as nec- Band, including the Relocation Pay- essary, throughout the transition proc- ment Clearinghouse’s own expenses, ess.

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(b) Payment procedures. Following a (2) The actual relocation costs, pro- determination of the reimbursable vided that they are not unreasonable, amount, the Relocation Payment for eligible space station operators and Clearinghouse shall incorporate ap- incumbent fixed service licensees; the proved claims into invoices, which it actual transition costs, provided they shall issue to each licensee indicating are not unreasonable, associated with the amount to be paid. The Relocation the necessary migration and filtering Payment Clearinghouse shall pay ap- of incumbent earth stations; proved claims within 30 days of invoice (3) Any lump sum payments, if elect- submission. The Relocation Payment ed by incumbent earth station opera- Clearinghouse shall also include its tors in lieu of actual relocation costs; own reasonable costs in the invoices. and (4) Specified accelerated relocation § 27.1417 Reimbursement fund. payments for space station operators The Relocation Payment Clearing- that clear on an accelerated time- house will establish and administer an frame. Licensees in the 3.7 GHz Service account that will fund the costs for the shall be responsible for the full costs of transition of this band to the 3.7 GHz space station transition, the Reloca- tion Payment Clearinghouse, and, if se- Service after an auction for the 3.7 GHz lected and established by the Wireless Service concludes. Licensees in the 3.7 Telecommunications Bureau, the Relo- GHz Service shall pay their pro rata cation Coordinator, based on their pro share of six months’ worth of esti- rata share of the total auction bids of mated transition costs into a reim- each licensee’s gross winning bids in bursement fund, administered by the the auction overall; they shall be re- Relocation Payment Clearinghouse, sponsible for incumbent earth station shortly after the auction and then and incumbent fixed service transition every six months until the transition is costs in a Partial Economic Area based complete. The Relocation Payment on their pro rata share of the total Clearinghouse shall draw from the re- gross bids for that Partial Economic imbursement fund to pay approved, Area. invoiced claims, consistent with (c) Following the auction, and every § 27.1418. If the reimbursement fund six months until the close of the tran- does not have sufficient funds to pay sition, licensees in the 3.7 GHz Service approved claims before a six-month re- shall submit their portion of estimated plenishment, the Relocation Payment transition costs to a reimbursement Clearinghouse shall provide 3.7 GHz fund, and the Relocation Payment Service licensees with 30 days’ notice Clearinghouse will reimburse parties of the additional pro rata shares they incurring transition costs. If actual must contribute. At the end of the costs exceed estimated costs, the Relo- transition, the Relocation Payment cation Payment Clearinghouse shall Clearinghouse shall refund any unused perform a true-up for additional funds amounts to 3.7 GHz Service licensees from 3.7 GHz Service licensees. according to their pro rata shares. (d) If 3.7 GHz band license is relinquished to the Commission prior to all § 27.1418 Payment obligations. relocation cost reimbursements and ac- (a) Each eligible space station oper- celerated relocation payments being ator is responsible for the payment of paid, the remaining payments will be its own satellite transition costs until distributed among other similarly situ- the auction winners have been an- ated 3.7 GHz band licensees. If a new li- nounced. cense is issued for the previously relin- (b) Licensees in the 3.7 GHz Service quished rights prior to final payments shall pay their pro rata share of: becoming due, the new 3.7 GHz band li- (1) The reasonable costs of the Relo- censee will be responsible for the same cation Payment Clearinghouse and, in pro rata share of relocation costs and the event the Wireless Telecommuni- accelerated relocation payments as the cations Bureau selects the Relocation initial 3.7 GHz band license. If a 3.7 GHz Coordinator, the services of the Reloca- band licensee sells its rights on the section Coordinator and its staff; ondary market, the new 3.7 GHz band

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licensee will be obligated to fulfill all ices or will discontinue C-band serv- payment obligations associated with ices. the license. § 27.1420 Cost-sharing formula. § 27.1419 Lump sum payment for earth (a) For space station transition and station opt out. Relocation Payment Clearinghouse The Wireless Telecommunications costs, and in the event the Wireless Bureau shall announce a lump sum Telecommunications Bureau selects a that will be available per each incum- Relocation Coordinator pursuant to bent earth station that elects to opt § 27.1413(a), Relocation Coordinator out from the formal relocation process, costs, the pro rata share of each flexi- per § 27.1412(e), as well as the process ble-use licensee will be the sum of the for electing lump sum payments. In- final clock phase prices (P) for the set cumbent earth station owners must of all license blocks that a bidder wins make the lump sum payment election divided by the total final clock phase no later than 30 days after the Bureau prices for all N license blocks sold in announces the lump sum payment the auction. To determine a licensee’s amounts, and must indicate whether reimbursement obligation (RO), that each incumbent earth station for which pro rata share would then be multiplied it elects the lump sum payment will be by the total eligible reimbursement transitioned to the upper 200 mega- costs (RC). Mathematically, this is rep- hertz in order to maintain C-band serv- resented as:

(b) For incumbent earth stations and (c) For the Phase I accelerated relo- fixed service incumbent licensee tran- cation payments, the pro rata share of sition costs, a flexible-use licensee’s each flexible use licensee of the 3.7 to pro rata share will be determined on a 3.8 MHz in the 46 PEAs that are cleared PEA-specific basis, based on the final by December 5, 2021, will be the sum of clock phase prices for the license the final clock phase prices (P) that the blocks it won in each PEA. To cal- licensee won divided by the total final culate the pro rata share for incumbent clock phase prices for all M license earth station transition costs in a blocks sold in those 46 PEAs. To deter- given PEA, the same formula identified mine a licensee’s RO the pro rata share in § 27.1412(a) will be used, except I is the set of licenses a bidder won in the would then be multiplied by the total PEA, N is the total blocks sold in the accelerated relocation payment due for PEA and RC is the PEA-specific earth Phase I, A1. Mathematically, this is station and fixed service relocation represented as: costs.

(d) For Phase II accelerated reloca- that the licensee won in the entire auction payments, the pro rata share of tion, divided by the total final clock each flexible use licensee will be the phase prices for all N license blocks sum of the final clock phase prices (P)

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sold in the auction. To determine a li- ated relocation payment due for Phase censee’s RO the pro rata share would II, A2. Mathematically, this is rep- then be multiplied by the total acceler- resented as:

§ 27.1421 Disputes over costs and cost- (2) Upon receipt of such record and sharing. advice, the Bureau will decide the dis- (a) Parties disputing a cost estimate, puted issues based on the record sub- cost invoice, or payment or cost-shar- mitted. The Bureau is directed to re- ing obligation must file an objection solve such disputed issues or designate with the Relocation Payment Clearing- them for an evidentiary hearing before house. an Administrative Law Judge. If the (b) The Relocation Payment Clear- Bureau decides an issue, any party to inghouse may mediate any disputes re- the dispute wishing to appeal the deci- garding cost estimates or payments sion may do so by filing with the Com- that may arise in the course of band re- mission, within ten days of the effec- configuration; or refer the disputant tive date of the initial decision, a Peti- parties to alternative dispute resolution for de novo review; whereupon the tion fora. matter will be set for an evidentiary (1) Any dispute submitted to the Re- hearing before an Administrative Law location Payment Clearinghouse, or Judge. other mediator, shall be decided within (3) Parties seeking de novo review of 30 days after the Relocation Payment a decision by the Bureau are advised Clearinghouse has received a submis- that, in the course of the evidentiary sion by one party and a response from hearing, the Commission may require the other party. complete documentation relevant to (2) Thereafter, any party may seek any disputed matters; and, where nec- expedited non-binding arbitration, essary, and at the presiding judge’s dis- which must be completed within 30 cretion, require expert engineering, days of the recommended decision or economic or other reports or testi- advice of the Relocation Payment mony. Parties may therefore wish to Clearinghouse or other mediator. consider possibly less burdensome and (3) The parties will share the cost of expensive resolution of their disputes this arbitration if it is before the Relo- through means of alternative dispute cation Payment Clearinghouse. resolution. (c) Should any issues still remain unresolved, they may be referred to the § 27.1422 Accelerated relocation pay- Bureau within ten days of rec- ment. ommended decision or advice of the Re- (a) Eligible space station operators location Payment Clearinghouse or that meet the applicable early-clearing other mediator and any decision of the benchmark(s), as confirmed in their Relocation Payment Clearinghouse can Certification of Accelerated Relocation be appealed to the Chief of the Bureau. set-forth in § 27.1412(g), will be eligible (1) When referring an unresolved for their respective accelerated reloca- matter, the Relocation Payment Clear- tion payment. inghouse shall forward the entire (b) The Relocation Payment Clear- record on any disputed issues, includ- inghouse will distribute the acceler- ing such dispositions thereof that the ated relocation payments accordingly: Relocation Payment Clearinghouse has considered.

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TABLE 1 TO PARAGRAPH (b)—ACCLERATED RELOCATION PAYMENT BY OPERATOR

Phase I Phase II Payment payment payment

Intelsat ...... $4,865,366,000 $1,197,842,000 $3,667,524,000 SES ...... 3,968,133,000 976,945,000 2,991,188,000 Eutelsat ...... 506,978,000 124,817,000 382,161,000 Telesat ...... 344,400,000 84,790,000 259,610,000 Star One ...... 15,124,000 3,723,000 11,401,000

Totals ...... 9,700,001,000 2,388,117,000 7,311,884,000

(c) The Relocation Payment Clear- MHz as measured at the earth station inghouse shall promptly notify 3.7 GHz antenna. Service licensees following validation (b) To protect incumbent earth sta- of the certification of accelerated relo- tions from blocking, the power flux cations as set-forth in Section density (PFD) of any emissions within 27.1412(g). 3.7 GHz Service licensees the 3700–3980 MHz band must not exceed shall pay the accelerated relocation ¥16 dBW/m2/MHz as measured at the payments to the Clearinghouse within earth station antenna. 60 days of the notice that eligible space (c) All 3.7 GHz Service licensees, station operators have met their re- prior to initiating operations from any spective accelerated clearing bench- base or fixed station, must coordinate mark. The Clearinghouse shall disburse cochannel frequency usage with all in- accelerated relocation payments to rel- cumbent Telemetry, Tracking, and evant space station operators within Command (TT&C) earth stations with- seven days of receiving the payment in a 70 km radius. The licensee must from overlay licensees. ensure that the aggregated power from (d) For eligible space station opera- its operations meets an interference to tors that fail to meet either the Phase noise ratio (I/N) of ¥6 dB to the TT&C I or Phase II benchmarks as of the rel- earth station receiver. A base station’s evant accelerated relocation deadline, operation will be defined as cochannel the accelerated relocation payment when any of the 3.7 GHz Service licens- will be reduced according to the fol- ee’s authorized frequencies are sepa- lowing schedule of declining acceler- rated from the center frequency of the ated relocation payments for the six TT&C earth station by less than 150% months following the relevant dead- of the maximum emission bandwidth in line: use by the TT&C earth station. TABLE 2 TO PARAGRAPH (d) (d) All 3.7 GHz Service licensees operating on an adjacent channel to an in- Accelerated cumbent TT&C earth station must en- Incremental relocation Date of completion reduction payment sure that the aggregated power from (percent) (percent) its operations meets an interference to ¥ By Deadline ...... 100 noise ratio (I/N) of 6 dB to the TT&C 1–30 Days Late ...... 5 95 earth station receiver. 31–60 Days Late ...... 5 90 (e) To protect incumbent TT&C earth 61–90 Days Late ...... 10 80 91–120 Days Late ...... 10 70 stations from blocking, the power flux 121–150 Days Late ...... 20 50 density (PFD) of any emissions within 151–180 Days Late ...... 20 30 the 3700–3980 MHz band must not exceed 181+ Days Late ...... 30 0 ¥16 dBW/m2/MHz as measured at the TT&C earth station antenna. § 27.1423 Protection of incumbent operations. § 27.1424 Agreements between 3.7 GHz (a) To protect incumbent earth sta- Service licensees and C-Band earth tions from out-of-band emissions from station operators. fixed stations, base stations and mo- The PFD limits in § 27.1423 may be biles, the power flux density (PFD) of modified by the private agreement of any emissions within the 4000–4200 MHz licensees of 3.7 GHz Service and enti- band must not exceed ¥124 dBW/m2/ ties operating earth stations in the

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4000–4200 MHz band or TT&C operations channels 1–119 and 361–399)) designated in the 3700–3980 MHz band. A licensee of for narrowband operations and licensed the 3.7 GHz Service who is a party to pursuant to 47 CFR part 90, subpart S. such an agreement must maintain a Complex system. A covered incum- copy of the agreement in its station bent’s system that consists of 45 or files and disclose it, upon request, to more functionally integrated sites. prospective license assignees, trans- County. For purposes of this part, ferees, or spectrum lessees, and to the counties shall be defined using the Commission. United States Census Bureau’s data reflecting county legal boundaries and Subpart P—Regulations Governing names valid through January 1, 2017. Licensing and Use of 900 MHz Covered incumbent. Any 900 MHz site- Broadband Service in the based licensee in the broadband seg- 897.5–900.5 MHz and 936.5– ment that is required under § 90.621(b) 939.5 MHz Bands to be protected by a broadband licensee with a base station at any location within the county, or any 900 MHz geo- SOURCE: 85 FR 43134, July 16, 2020, unless graphic-based SMR licensee in the otherwise noted. broadband segment whose license area § 27.1500 Scope. completely or partially overlaps the county. This subpart sets out the regulations Eligibility Certification. A filing made governing the licensing and operations to the Commission as part of the proof 900 MHz broadband systems oper- spective broadband licensee’s applica- ating in the 897.5–900.5/936.5–939.5 MHz tion for a 900 MHz broadband license band. It includes eligibility require- that demonstrates satisfaction of the ments and operational and technical eligibility restrictions. standards for stations licensed in this band. It also supplements the rules re- License area. The geographic compo- garding application procedures con- nent of a 900 MHz broadband license. A tained in part 1, subpart F of this chap- license area consists of one county. ter. The rules in this subpart are to be Power spectral density (PSD). The read in conjunction with the applicable power of an emission in the frequency requirements contained elsewhere in domain, such as in terms of ERP or this part; however, in case of conflict, EIRP, stated per unit bandwidth, e.g., the provisions of this subpart shall watts/MHz. govern with respect to licensing and Site-channel. A channel licensed at a operation in this frequency band. particular location. Transition plan. A filing made to the § 27.1501 Definitions. Commission as part of the prospective Terms used in this subpart shall have broadband licensee’s application for a the following meanings: 900 MHz broadband license that in- 900 MHz broadband. The 900 MHz cludes a plan for transitioning the band broadband systems in the 897.5–900.5/ in the particular county. 936.5–939.5 MHz band licensed by the Transitioned market. See section 90.7 Commission pursuant to the provisions of part 90 of this chapter. of this subpart. 900 MHz broadband licensee. An entity § 27.1502 Permanent discontinuance of that holds a 900 MHz broadband license 900 MHz broadband licenses. issued pursuant to this subpart. A 900 MHz broadband licensee that 900 MHz broadband segment. The seg- permanently discontinues service as ment of realigned 900 MHz spectrum defined in § 1.953 must notify the Com- (i.e., the 897.5–900.5/936.5–939.5 MHz mission of the discontinuance within 10 band) licensed by the Commission pur- days by filing FCC Form 601 requesting suant to the provisions of this subpart. license cancelation. An authorization 900 MHz narrowband segment. The seg- will automatically terminate, without ments of realigned 900 MHz spectrum specific Commission action, if service (i.e., the 896–897.5/935–936.5 MHz and is permanently discontinued as defined 900.5–901/939.5–940 MHz bands (Paired in this chapter, even if a licensee fails

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to file the required form requesting li- ceed the incumbent’s current spectrum cense cancelation. holdings in the relevant county, unless additional channels are necessary to § 27.1503 Broadband license eligibility achieve equivalent coverage and/or ca- and application requirements. pacity. (a) Eligibility. For an applicant to be (b) Application. (1) Applications must eligible for a broadband license in a be filed in accordance with part 1, sub- county, it must: part F of this chapter. (1) Hold the licenses for more than (2) An applicant for a 900 MHz 50% of the total amount of licensed 900 broadband license must submit with its MHz SMR (site-based or geographically application an Eligibility Certification licensed) and B/ILT (site-based) spec- that: trum for the relevant county including credit for spectrum included in an ap- (i) Lists the licenses the applicant plication to acquire or relocate covered holds in the 900 MHz band to dem- incumbents filed with the Commission onstrate that it holds the licenses for on or after March 14, 2019; more than 50% of the total licensed 900 (2) Hold spectrum in the broadband MHz spectrum, whether SMR or B/ILT, segment or reach an agreement to for the relevant county including cred- clear through acquisition or relocation, it for spectrum included in an applica- including credit for spectrum included tion to acquire or relocate any covered in an application to acquire or relocate incumbents filed on or after March 14, covered incumbents filed with the 2019; Commission on or after March 14, 2019, (ii) A statement that it has filed a or demonstrate how it will provide in- Transition Plan detailing how it holds terference protection to, covered in- spectrum in the broadband segment cumbent licensees collectively holding and/or has reached an agreement to licenses in the broadband segment for clear through acquisition or relocation at least 90% of the site-channels in the (including credit for spectrum included county and within 70 miles of the coun- in an application to acquire or relocate ty boundary, and geographically li- covered incumbents filed with the censed channels where the license area Commission on or after March 14, 2019), completely or partially overlaps the or demonstrate how it will provide in- county. To provide interference protec- terference protection to, covered in- tion, an applicant may: cumbent licensees collectively holding (i) Protect site-based covered incum- licenses in the broadband segment for bent(s) through compliance with min- at least 90% of the site-channels in the imum spacing criteria set forth in county and within 70 miles of the coun- § 90.621(b) of this chapter; ty boundary, and geographically li- (ii) Protect site-based covered incum- censed channels where the license area bent(s) through new or existing letters completely or partially overlaps the of concurrence agreeing to lesser base county. station separations as set forth in (3) An applicant for a 900 MHz § 90.621(b); and/or broadband license must submit with its (iii) Protect geographically based application a Transition Plan that pro- covered incumbent(s) through a private vides: contractual agreement. (i) A showing of one or more of the (3) If any site of a complex system is located within the county and/or with- following: in 70 miles of the county boundary, an (A) Agreement by covered incum- applicant must either hold the license bents to relocate from the broadband for that site or reach an agreement to segment; acquire, relocate, or protect it in order (B) Protection of site-based covered to demonstrate eligibility. incumbents through compliance with (4) The applicant may use its current minimum spacing criteria; 900 MHz holdings in the narrowband (C) Protection of site-based covered segment to relocate covered incum- incumbents through new or existing bents. Spectrum used for the purpose of letters of concurrence agreeing to less- relocating incumbent(s) may not exer base station separations;

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(D) Protection of geographically- (c) Anti-windfall provisions. (1) The ap- based covered incumbents through pri- plicant must return to the Commission vate contractual agreements; and/or all of its licensed 900 MHz SMR and B/ (E) Evidence that it holds licenses for ILT spectrum, up to six megahertz, for the site-channels and/or geographically the county in which it seeks a licensed channels. broadband license. The applicant will (ii) Descriptions of the agreements be required to file, within 15 days of fil- between the prospective broadband li- ing its broadband license application, censee and all covered incumbents col- an application(s) to cancel all of its 900 lectively holding licenses for at least MHz SMR and B/ILT spectrum, up to 90% of site-channels within the county six megahertz, conditioned upon Com- and within 70 miles of the county mission grant of its application. boundary, and geographically licensed (2) If the applicant relinquishes less channels where the license area com- than six megahertz of spectrum in ac- pletely or partially overlaps the coun- cordance with paragraph (c)(1) of this ty. section, then the applicant must remit (iii) Descriptions in detail of all in- an anti-windfall payment prior to the formation and actions necessary to ac- grant of the 900 MHz broadband license. complish the realignment, as follows: Payment must be made through a mon- (A) The applications that the parties etary payment to the U.S. Treasury. to the agreements will file for spectrum in the narrowband segment in § 27.1504 Mandatory relocation. order to relocate or repack licensees; (a) Subject to paragraph (b) of this (B) A description of how the appli- section, broadband licensees may re- cant will provide interference protec- quire mandatory relocation from the tion to, and/or acquire or relocate from broadband segment covered incum- the broadband segment covered incumbents’ remaining site-channels in a bents collectively holding licenses for given county and within 70 miles of the at least 90% of site-channels within 70 county boundary, and geographically miles of the county and within 70 miles licensed channels where the license of the county boundary and/or evidence area completely or partially overlaps that it holds licenses for the site-chan- the county, that were not covered by nels and/or geographically licensed § 27.1503(a)(2). channels. (b) Complex systems are exempt from (C) Any rule waivers or other actions mandatory relocation. To qualify as necessary to implement an agreement exempt from mandatory relocation, a with a covered incumbent; and complex system must have at least one (D) Such additional information as site (of its 45 or more functionally inte- may be required. grated sites) located within the county (iv) A certification from an FCC-cer- license area or within 70 miles of the tified frequency coordinator that the county boundary. Transition Plan’s representations can (c) A broadband licensee seeking to be implemented consistent with Com- relocate a covered incumbent pursuant mission rules. The certification must to this section is required to pay all establish that the relocations proposed reasonable relocation costs, including therein take into consideration all relevant covered incumbents and are con- providing the relocated covered incum- sistent with the existing part 90 inter- bent with comparable facilities. To be ference protection criteria if the cov- comparable, the replacement system ered incumbent is site-based, and in- provided to a covered incumbent dur- clude any private contractual agreeing a mandatory relocation must be at ments between the prospective least equivalent to the existing 900 broadband licensee and a geographi- MHz system with respect to the fol- cally-licensed covered incumbent. lowing four factors: (4) Applicants seeking to transition (1) System; multiple counties may simultaneously (2) Capacity; file a single Transition Plan with each (3) Quality of service; and of its county-based applications. (4) Operating costs.

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(d) Having met the 90% success § 27.1505 Performance requirements. threshold, a 900 MHz broadband li- (a) 900 MHz broadband licensees shall censee seeking to trigger the manda- demonstrate compliance with perform- tory relocation process shall serve no- ance requirements by filing a construc- tice on applicable covered incum- tion notification with the Commission, bent(s). within 15 days of the expiration of the (e) Following the service of notice, a applicable benchmark, in accordance 900 MHz broadband licensee may re- with the provisions set forth in quest information from the covered in- § 1.946(d) of this chapter. cumbent reasonably required to craft (1) The licensee must certify whether its offer of comparable facilities. it has met the applicable performance (f) We expect all parties to negotiate requirements. The licensee must file a with the utmost ‘‘good faith’’ in the description and certification of the negotiation process. Factors relevant areas for which it is providing service. to a ‘‘good-faith’’ determination in- The construction notifications must clude: include electronic coverage maps and (1) Whether the party responsible for supporting technical documentation paying the cost of band reconfiguration regarding the type of service it is pro- has made a bona fide offer to relocate viding for each licensed area within its the incumbent to comparable facilities; service territory and the type of tech- (2) The steps the parties have taken nology used to provide such service, to determine the actual cost of reloca- and certify the accuracy of such docu- tion to comparable facilities; and mentation. Supporting documentation (3) Whether either party has unrea- must include the assumptions used to sonably withheld information, essen- create the coverage maps, including tial to the accurate estimation of relo- the propagation model and the signal cation costs and procedures, requested strength necessary to provide reliable by the other party. service with the licensee’s technology. (g) A party seeking Commission reso- (2) To demonstrate compliance with lution of a dispute must submit in the population coverage requirement, writing to the Chief, Wireless Tele- licensees shall use the most recently communications Bureau: available decennial U.S. Census Bureau (1) The name, address, telephone data at the time of measurement and number, and email address of the 900 shall base their measurements of popu- MHz broadband licensee or covered in- lation served on areas no larger than cumbent making the allegation; the Census Tract level. The population (2) The name of the 900 MHz within a specific Census Tract (or other broadband licensee or covered incum- acceptable identifier) will be deemed bent about which the allegation is served by the licensee only if it pro- made; vides reliable signal coverage to and of- (3) A complete statement of the facts fers service within the specific Census supporting the broadband licensee’s or Tract (or other acceptable identifier). incumbent’s claim; and To the extent the Census Tract (or (4) The specific relief sought. other acceptable identifier) extends be- (h) If an incumbent fails to negotiate yond the boundaries of a license area, a in good faith, its facilities may be licensee with authorizations for such mandatorily relocated, and its license areas may include only the population modified accordingly by the Commis- within the Census Tract (or other ac- sion pursuant to section 316 of the Act. ceptable identifier) towards meeting If the Wireless Telecommunications the performance requirement of a sin- Bureau finds bad faith on the part of gle, individual license. the broadband licensee, the broadband (b) A 900 MHz broadband licensee licensee may lose the right to relocate must meet either a population cov- the incumbent or the Wireless Tele- erage requirement or geographic cov- communications Bureau may refer the erage as follows: matter to the Enforcement Bureau for (1) Population metric. (i) A 900 MHz action (which could include a range of broadband licensee shall provide reli- sanctions, such as imposition of forfeit- able signal coverage and offer ures). broadband service to at least 45% of

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the population in its license area with- (1) General limit. (i) The ERP for base in six years of license grant. and repeater stations must not exceed (ii) A 900 MHz broadband licensee 400 watts/megahertz power spectral shall provide reliable signal coverage density (PSD) per sector and an an- and offer broadband service to at least tenna height of 304 m height above av- 80% of the population in its license erage terrain (HAAT), except that an- area within 12 years of license grant. tenna heights greater than 304 m HAAT (2) Geographic coverage. Alternatively, are permitted if power levels are re- a 900 MHz broadband licensee may: duced below 400 watts/megahertz ERP (i) Demonstrate it provides reliable in accordance with Table 1 of this sec- signal coverage and offers broadband tion. service covering at least 25% of the ge- (ii) Provided that they also comply ographic license area within six years with paragraphs (b) and (c) of this sec- of license grant. tion, licensees are permitted to operate (ii) Demonstrate it provides reliable base and repeater stations with up to a signal coverage and offers broadband maximum ERP of 1000 watts/megahertz service covering at least 50% of the ge- power spectral density (PSD) per sector ographic license area within twelve and an antenna height of 304 m height years of license grant. above average terrain (HAAT), except (c) Penalties. (1) If a 900 MHz that antenna heights greater than 304 broadband licensee fails to meet the m HAAT are permitted if power levels first performance benchmark, we re- are reduced below 1000 watts/megahertz quire the licensee to meet the final ERP in accordance with Table 2 of this performance benchmark two years section. sooner (i.e., at 10 years into the license (2) Rural areas. For systems that are term) and reduce the license term from located in counties with population 15 years to 13 years. densities of 100 persons or fewer per (2) If a 900 MHz broadband licensee square mile, based upon the most re- fails to meet the final performance cently available population statistics benchmark, its authorization for that from the Bureau of the Census: license area will terminate automati- (i) The ERP for base and repeater cally without Commission action. stations must not exceed 800 watts/ (d) License renewal. After satisfying megahertz power spectral density the 12-year, final performance bench- (PSD) per sector and an antenna height mark, a licensee must continue to proof 304 m height above average terrain vide coverage and offer broadband serv- (HAAT), except that antenna heights ice at or above that level for the re- greater than 304 m HAAT are per- maining three years of the 15-year li- mitted if power levels are reduced cense term in order to warrant license below 800 watts/megahertz ERP in ac- renewal. cordance with Table 3 of this section. (ii) Provided that they also comply § 27.1506 Frequencies. with paragraphs (b) and (c) of this sec- The 897.5–900.5 MHz and 936.5–939.5 tion, base and repeater stations may MHz band segments are available for li- operate with up to a maximum ERP of censing with an authorized bandwidth 2000 watts/megahertz power spectral up to 3 megahertz paired channels. The density (PSD) per sector and an an- 897.5–900.5 MHz segment must only be tenna height of 304 m height above av- used for uplink transmissions. The erage terrain (HAAT), except that an- 936.5–939.5 MHz segments must only be tenna heights greater than 304 m HAAT used for downlink transmissions. are permitted if power levels are reduced below 2000 watts/megahertz ERP § 27.1507 Effective radiated power lim- in accordance with Table 4 of this sec- its for 900 MHz broadband systems. tion. (a) Maximum ERP. The power limits (3) Mobile, control and auxiliary test specified in this section are applicable stations. Mobile, control and auxiliary to operations in areas more than 110 test stations must not exceed 10 watts km (68.4 miles) from the U.S./Mexico ERP. border and 140 km (87 miles) from the (4) Portable stations. Portable stations U.S./Canada border. must not exceed 3 watts ERP.

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(b) Power flux density (PFD). Each 900 TABLE 1 TO § 27.1507—PERMISSIBLE POWER MHz broadband base or repeater sta- AND ANTENNA HEIGHTS FOR BASE STATIONS tion that exceeds the ERP limit of AND REPEATERS PERMITTED TO TRANSMIT paragraph (a)(1)(i) or (a)(2)(i) of this WITH UPTO400 WATTS/MEGAHERTZ section must be designed and deployed so as not to exceed a modeled PFD of Antenna height (AAT) Effective radiated 2 in meters power (ERP) 3000 microwatts/m /MHz over at least (feet) (watts/megahertz) 98% of the area within 1 km of the base or repeater station antenna, at 1.6 me- Above 1372 (4500) ...... 26 ters above ground level. To ensure Above 1220 (4000) To 1372 compliance with this requirement, the (4500) ...... 28 licensee must perform predictive mod- Above 1067 (3500) To 1220 (4000) ...... 30 eling of the PFD values within at least Above 915 (3000) To 1067 1 km of each base or repeater station (3500) ...... 40 antenna prior to commencing such op- Above 763 (2500) To 915 erations and, thereafter, prior to mak- (3000) ...... 56 ing any site modifications that may in- Above 610 (2000) To 763 crease the PFD levels around the base (2500) ...... 80 Above 458 (1500) To 610 or repeater station. The modeling must (2000) ...... 140 take into consideration terrain and Above 305 (1000) To 458 other local conditions and must use (1500) ...... 240 good engineering practices for the 900 Up to 305 (1000) ...... 400 MHz band. (c) Power measurement. Measurement TABLE 2 TO § 27.1507—PERMISSIBLE POWER of 900 MHz broadband base transmitter AND ANTENNA HEIGHTS FOR BASE STATIONS and repeater ERP must be made using AND REPEATERS PERMITTED TO TRANSMIT an average power measurement tech- WITH UPTO1000 WATTS/MEGAHERTZ nique. Power measurements for base transmitters and repeaters must be Antenna height (AAT) Effective radiated made in accordance with either of the in meters power (ERP) (feet) (watts/megahertz) following: (1) A Commission-approved average Above 1372 (4500) ...... 65 power technique (see FCC Laboratory’s Above 1220 (4000) To 1372 Knowledge Database); or (4500) ...... 70 (2) For purposes of this section, peak Above 1067 (3500) To 1220 (4000) ...... 75 transmit power must be measured over Above 915 (3000) To 1067 an interval of continuous transmission (3500) ...... 100 using instrumentation calibrated in Above 763 (2500) To 915 terms of an rms-equivalent voltage. (3000) ...... 140 The measurement results shall be prop- Above 610 (2000) To 763 erly adjusted for any instrument limi- (2500) ...... 200 tations, such as detector response Above 458 (1500) To 610 (2000) ...... 350 times, limited resolution bandwidth Above 305 (1000) To 458 capability when compared to the emis- (1500) ...... 600 sion bandwidth, sensitivity, etc., so as Up to 305 (1000) ...... 1000 to obtain a true peak measurement for the emission in question over the full TABLE 3 TO § 27.1507—PERMISSIBLE POWER bandwidth of the channel. AND ANTENNA HEIGHTS FOR BASE STATIONS (d) PAR limit. The peak-to-average AND REPEATERS PERMITTED TO TRANSMIT ratio (PAR) of the transmission must WITH UPTO800 WATTS/MEGAHERTZ not exceed 13 dB. (e) Height-power limit. As specified in Antenna height (AAT) Effective radiated paragraph (a) of this section, the fol- in meters power (ERP) (feet) (watts/megahertz) lowing tables specify the maximum base station power for antenna heights Above 1372 (4500) ...... 52 above average terrain (HAAT) that ex- Above 1220 (4000) To 1372 ceed 304 meters. (4500) ...... 56

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TABLE 3 TO § 27.1507—PERMISSIBLE POWER ation shall be attenuated below the AND ANTENNA HEIGHTS FOR BASE STATIONS transmitter power (P) in watts by at AND REPEATERS PERMITTED TO TRANSMIT least the following amounts: WITH UPTO800 WATTS/MEGAHERTZ—Con- (a) For 900 MHz broadband operations tinued in 897.5–900.5 MHz band by at least 43 + 10 log (P) dB. Antenna height (AAT) Effective radiated (b) For 900 MHz broadband operations in meters power (ERP) (feet) (watts/megahertz) in the 936.5–939.5 MHz band, by at least 50 + 10 log (P) dB. Above 1067 (3500) To 1220 (c) Compliance with the provisions of (4000) ...... 60 paragraphs (a) and (b) of this section is Above 915 (3000) To 1067 based on the use of measurement in- (3500) ...... 80 Above 763 (2500) To 915 strumentation employing a resolution (3000) ...... 112 bandwidth of 100 kHz or greater. How- Above 610 (2000) To 763 ever, in the 100 kHz bands immediately (2500) ...... 160 outside and adjacent to the licensee’s Above 458 (1500) To 610 band, a resolution bandwidth of at (2000) ...... 280 least 1 percent of the emission band- Above 305 (1000) To 458 width of the fundamental emission of (1500) ...... 480 the transmitter may be employed. The Up to 305 (1000) ...... 800 emission bandwidth is defined as the width of the signal between two points, TABLE 4 TO § 27.1507—PERMISSIBLE POWER one below the carrier center frequency AND ANTENNA HEIGHTS FOR BASE STATIONS and one above the carrier center fre- AND REPEATERS PERMITTED TO TRANSMIT quency, outside of which all emissions WITH UPTO2000 WATTS/MEGAHERTZ are attenuated at least 26 dB below the transmitter power. Antenna height (AAT) Effective radiated in meters power (ERP) (d) The measurements of emission (feet) (watts/megahertz) power can be expressed in peak or average values, provided they are expressed Above 1372 (4500) ...... 130 in the same parameters as the trans- Above 1220 (4000) To 1372 mitter power. (4500) ...... 140 Above 1067 (3500) To 1220 (e) When an emission outside of the (4000) ...... 150 authorized bandwidth causes harmful Above 915 (3000) To 1067 interference, the Commission may, at (3500) ...... 200 its discretion, require greater attenu- Above 763 (2500) To 915 ation than specified in this section. (3000) ...... 280 Above 610 (2000) To 763 § 27.1510 Unacceptable interference to (2500) ...... 400 narrowband 900 MHz licensees Above 458 (1500) To 610 from 900 MHz broadband licensees. (2000) ...... 700 Above 305 (1000) To 458 See 47 CFR 90.672. (1500) ...... 1200 Up to 305 (1000) ...... 2000 PART 30—UPPER MICROWAVE FLEXIBLE USE SERVICE § 27.1508 Field strength limit. The predicted or measured median Subpart A—General field strength must not exceed 40 dBμV/ m at any given point along the geo- Sec. graphic license boundary, unless the af- 30.1 Creation of upper microwave flexible fected licensee agrees to a different use service, scope and authority. field strength. This value applies to 30.2 Definitions. 30.3 Eligibility. both the initially offered service areas 30.4 Frequencies. and to partitioned service areas. 30.5 Service areas. § 27.1509 Emission limits. 30.6 Permissible communications. 30.7 37–37.6 GHz Band—Shared coordinated The power of any emission outside a service. licensee’s frequency band(s) of oper- 30.8 [Reserved]

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Subpart B—Applications and Licenses by the part 101 of this chapter applicable to that service. 30.101 Initial authorizations. 30.102 Transition of existing local § 30.2 Definitions. multipoint distribution service and 39 GHz licenses. The following definitions apply to 30.103 License term. this part: 30.104 Performance requirements. Authorized bandwidth. The maximum 30.105 Geographic partitioning and spec- width of the band of frequencies per- trum disaggregation. mitted to be used by a station. This is Subpart C—Technical Standards normally considered to be the necessary or occupied bandwidth, which- 30.201 Equipment authorization. ever is greater. (See § 2.202 of this chap- 30.202 Power limits. ter). 30.203 Emission limits. Authorized frequency. The frequency, 30.204 Field strength limits. or frequency range, assigned to a sta- 30.205 Federal coordination requirements. 30.206 International coordination. tion by the Commission and specified 30.207 Radio frequency (RF) safety. in the instrument of authorization. 30.208 Operability. Fixed satellite earth station. An earth 30.209 Duplexing. station intended to be used at a specified fixed point. Subpart D—Competitive Bidding Local Area Operations. Operations Procedures confined to physical facility bound- 30.301 Upper Microwave Flexible Use Serv- aries, such as a factory. ice subject to competitive bidding. Point-to-Multipoint Hub Station. A 30.302 Designated entities and bidding cred- fixed point-to-multipoint radio station its. that provides one-way or two-way communication with fixed Point-to- Subpart E—Special Provisions for Fixed Multipoint Service User Stations. Point-to-Point, Fixed Point-to-Multipoint Point-to-Multipoint Service. A fixed Hub Stations, and Fixed Point-to- point-to-multipoint radio service con- Multipoint User Stations sisting of point-to-multipoint hub sta- 30.401 Permissible service. tions that communicate with fixed 30.402 Frequency tolerance. point-to-multipoint user stations. 30.403 Bandwidth. Point-to-Multipoint User Station. A 30.404 Emission limits. fixed radio station located at users’ 30.405 Transmitter power limitations. premises, lying within the coverage 30.406 Directional antennas. area of a Point-to-Multipoint Hub sta- 30.407 Antenna polarization. tion, using a directional antenna to re- AUTHORITY: 47 U.S.C. 151, 152, 153, 154, 301, ceive one-way communications from or 303, 304, 307, 309, 310, 316, 332, 1302, unless oth- providing two-way communications erwise noted. with a fixed Point-to-Multipoint Hub SOURCE: 81 FR 79937, Nov. 14, 2016, unless Station. otherwise noted. Point-to-point station. A station that transmits a highly directional signal Subpart A—General from a fixed transmitter location to a fixed receive location. § 30.1 Creation of upper microwave Portable device. Transmitters de- flexible use service, scope and au- signed to be used within 20 centimeters thority. of the body of the user. As of December 14, 2016, Local Prior coordination. A bilateral process Multipoint Distribution Service li- conducted prior to filing applications censes for the 27.5–28.35 GHz band, and which includes the distribution of the licenses issued in the 38.6–40 GHz band technical parameters of a proposed under part 101 of this chapter shall be radio system to potentially affected reassigned to the Upper Microwave parties for their evaluation and timely Flexible Use Service. Local Multipoint response. Distribution Service licenses in bands Secondary operations. Radio commu- other than 27.5–28.35 GHz shall remain nications which may not cause inter- in that service and shall be governed ference to operations authorized on a

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primary basis and which are not pro- (a) 24.25–24.45 GHz and 24.75–25.25 GHz tected from interference from these bands—24.25–24.35 GHz; 24.35–24.45 GHz; primary operations 24.75–24.85 GHz; 24.85–24.95 GHz; 24.95– Transportable station. Transmitting 25.05 GHz; 25.05–25.15 GHz; and 25.15– equipment that is not intended to be 25.25 GHz. used while in motion, but rather at sta- (b) [Reserved] tionary locations. (c) 27.5 GHz—28.35 GHz band—27.5– Universal Licensing System. The Uni- 27.925 GHz and 27.925–28.35 GHz. versal Licensing System (ULS) is the (d) 38.6–40 GHz band: consolidated database, application fil- (1) New channel plan: ing system, and processing system for all Wireless Radio Services. ULS sup- Frequency band ports electronic filing of all applica- Channel No. limits tions and related documents by appli- (MHz) cants and licensees in the Wireless 1 ...... 38,600–38,700 Radio Services, and provides public ac- 2 ...... 38,700–38,800 cess to licensing information. 3 ...... 38,800–38,900 4 ...... 38,900–39,000 § 30.3 Eligibility. 5 ...... 39,000–39,100 6 ...... 39,100–39,200 Any entity who meets the technical, 7 ...... 39,200–39,300 financial, character, and citizenship 8 ...... 39,300–39,400 qualifications that the Commission 9 ...... 39,400–39,500 may require in accordance with such 10 ...... 39,500–39,600 Act, other than those precluded by sec- 11 ...... 39,600–39,700 12 ...... 39,700–39,800 tion 310 of the Communications Act of 13 ...... 39,800–39,900 1934, as amended, 47 U.S.C. 310, is eligi- 14 ...... 39,900–40,000 ble to hold a license under this part. (2) Pending transition to the new § 30.4 Frequencies. channel plan, existing 39 GHz licensees The following frequencies are avail- licensed under part 101 of this chapter able for assignment in the Upper may continue operating on the fol- Microwave Flexible Use Service: lowing channel plan:

Channel group A Channel group B Frequency band Frequency band Channel No. limits (MHz) Channel No. limits (MHz)

1–A ...... 38,600–38,650 1–B ...... 39,300–39,350 2–A ...... 38,650–38,700 2–B ...... 39,350–39,400 3–A ...... 38,700–38,750 3–B ...... 39,400–39,450 4–A ...... 38,750–38,800 4–B ...... 39,450–39,500 5–A ...... 38,800–38,850 5–B ...... 39,500–39,550 6–A ...... 38,850–38,900 6–B ...... 39,550–39,600 7–A ...... 38,900–38,950 7–B ...... 39,600–39,650 8–A ...... 38,950–39,000 8–B ...... 39,650–39,700 9–A ...... 39,000–39,050 9–B ...... 39,700–39,750 10–A ...... 39,050–39,100 10–B ...... 39,750–39,800 11–A ...... 39,100–39,150 11–B ...... 39,800–39,850 12–A ...... 39,150–39,200 12–B ...... 39,850–39,900 13–A ...... 39,200–39,250 13–B ...... 39,900–39,950 14–A ...... 39,250–39,300 14–B ...... 39,950–40,000

(e) [Reserved] site-specific, coordinated shared basis (f) 37–38.6 GHz band: 37,600–37,700; with eligible Federal entities. 37,700–37,800 MHz; 37,800–37,900 MHz; (g) 47.2–48.2 GHz band—47.2–47.3 GHz; 37,900–38,000 MHz; 38,000–38,100 MHz; 47.3–47.4 GHz; 47.4–47.5 GHz; 47.5–47.6 38,100–38,200 MHz; 38,200–38,300 MHz; GHz; 47.6–47.7 GHz; 47.7–47.8 GHz; 47.8– 38,300–38,400 MHz; 38,400–38,500 MHz, and 47.9 GHz; 47.9–48.0 GHz; 48.0–48.1 GHz; 38,500–38,600 MHz. The 37,000–37,600 MHz and 48.1–48.2 GHz. band segment shall be available on a [81 FR 79937, Nov. 14, 2016, as amended at 83 FR 65, Jan. 2, 2018; 84 FR 1631, Feb. 5, 2019]

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§ 30.5 Service areas. (c) Licensees in the 37–37.6 GHz band must register their individual base sta- (a) Except as noted in paragraphs (b) tions and access points prior to placing and (c) of this section, and except for them in operation. the shared 37–37.6 GHz band, the service areas for the Upper Microwave Flexible § 30.8 [Reserved] Use Service are Partial Economic Areas. Subpart B—Applications and (b) For the 27.5–28.35 GHz band, the service areas shall be counties. Licenses (c) Common Carrier Fixed Point-to- § 30.101 Initial authorizations. Point Microwave Stations licensed in the 38.6–40 GHz bands licensed with Except with respect to in the 37–37.6 Rectangular Service Areas shall main- GHz band, an applicant must file a sin- tain their Rectangular Service Area as gle application for an initial authoriza- defined in their authorization. The fre- tion for all markets won and frequency quencies associated with Rectangular blocks desired. Initial authorizations shall be granted in accordance with Service Area authorizations that have § 30.4. Applications for individual sites expired, cancelled, or otherwise been are not required and will not be accept- recovered by the Commission will ed, except where required for environ- automatically revert to the applicable mental assessments, in accordance county licensee. with §§ 1.1301 through 1.1319 of this (d) In the 37.5–40 GHz band, Upper chapter. Microwave Flexible Use Service licensees shall not place facilities within the § 30.102 Transition of existing local protection zone of Fixed-Satellite multipoint distribution service and Service earth stations authorized pur- 39 GHz licenses. suant to § 25.136 of this chapter, absent Local Multipoint Distribution Serv- consent from the Fixed-Satellite Serv- ice licenses in the 27.5—28.35 GHz band ice earth station licensee. issued on a Basic Trading Area basis shall be disaggregated into county- § 30.6 Permissible communications. based licenses and 39 GHz licenses (a) A licensee in the frequency bands issued on an Economic Area basis shall specified in § 30.4 may provide any serv- be disaggregated into Partial Eco- ices for which its frequency bands are nomic Area-based licenses on Decem- allocated, as set forth in the non-Fed- ber 14, 2016. For each county in the eral Government column of the Table Basic Trading Area or Partial Eco- of Frequency Allocations in § 2.106 of nomic Area in the Economic Area this chapter (column 5). which is part of the original license, (b) Fixed-Satellite Service shall be the licensee shall receive a separate li- provided in a manner consistent with cense. If there is a co-channel Rectan- part 25 of this chapter. The technical gular Service Area licensee within the and operating rules in this part shall service area of a 39 GHz Economic Area not apply to Fixed-Satellite Service licensee, the disaggregated license operation. shall not authorize operation with the [81 FR 79937, Nov. 14, 2016, as amended at 83 service area of the Rectangular Service FR 65, Jan. 2, 2018] Area license.

§ 30.7 37–37.6 GHz Band—Shared co- § 30.103 License term. ordinated service. Initial authorizations will have a (a) The 37–37.6 GHz band will be avail- term not to exceed ten years from the able for site-based registrations on a date of initial issuance or renewal. coordinated basis with co-equal eligible Federal entities. § 30.104 Performance requirements. (b) Any non-Federal entity meeting (a) Upper Microwave Flexible Use the eligibility requirements of § 30.3 Service licensees must make a buildout may operate equipment that complies showing as part of their renewal appli- with the technical rules of this part cations. Licensees relying on mobile or pursuant to a Shared Access License. point-to-multipoint service must show

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that they are providing reliable signal onstrate compliance with the require- coverage and service to at least 40 per- ments of this section by demonstrating cent of the population within the serv- that the earth station in question is in ice area of the licensee, and that they service, operational, and using the are using facilities to provide service spectrum associated with the license. in that area either to customers or for This provision can only be used to dem- internal use. Licensees relying on onstrate compliance for the county in point-to-point service must dem- which the earth station is located. onstrate that they have four links op- (e) Failure to meet this requirement erating and providing service, either to will result in automatic cancellation of customers or for internal use, if the the license. In bands licensed on a Par- population within the license area is tial Economic Area basis, licensees will equal to or less than 268,000. If the pop- have the option of partitioning a li- ulation within the license area is cense on a county basis in order to re- greater than 268,000, a licensee relying duce the population or land area within on point-to-point service must dem- the license area to a level where the li- onstrate it has at least one link in op- censee’s buildout would meet one of eration and is providing service for the applicable performance metrics. each 67,000 population within the li- (f) Existing 24 GHz, 28 GHz and 39 cense area. In order to be eligible to be GHz licensees shall be required to counted under the point-to-point build- make a showing pursuant to this sec- out standard, a point-to-point link tion by June 1, 2024. must operate with a transmit power greater than +43 dBm. [81 FR 79937, Nov. 14, 2016, as amended at 83 (b) In the alternative, a licensee may FR 65, Jan. 2, 2018; 83 FR 34492, July 20, 2018] make its buildout showing on the basis § 30.105 Geographic partitioning and of geographic area coverage. To satisfy spectrum disaggregation. the requirements of using this metric, licensees relying on mobile or point-to- (a) Parties seeking approval for par- multipoint service must show that titioning and disaggregation shall re- they are providing reliable signal cov- quest from the Commission an author- erage and service to at least 25% of the ization for partial assignment of a li- geographic area of the license. The geo- cense pursuant to § 1.948 of this chap- graphic area of the license shall be deter. Upper Microwave Flexible Use termined by the total land area of the Service licensees may apply to parti- county or counties covered by the li- tion their licensed geographic service cense. Licensees relying on fixed point- area or disaggregate their licensed to-point links or other, low-power spectrum at any time following the point-to-point connections must show grant of their licenses. that they have deployed at least one (b) Technical standards—(1) Parti- transmitter or receiver in at least 25% tioning. In the case of partitioning, ap- of the census tracts within the license plicants and licensees must file FCC area. All equipment relied upon in the Form 603 pursuant to § 1.948 of this showing, whatever type of service or chapter and list the partitioned service connection it provides, must be oper- area on a schedule to the application. ational and providing service, either to The geographic coordinates must be customers or for internal use, as of the specified in degrees, minutes, and sec- date of the filing. onds to the nearest second of latitude (c) Showings that rely on a combina- and longitude and must be based upon tion of multiple types of service will be the 1983 North American Datum evaluated on a case-by-case basis. Li- (NAD83). censees may not combine population- (2) Spectrum may be disaggregated in based showings with geographic area- any amount. based showings. (3) The Commission will consider re- (d) If a licensee in this service is also quests for partial assignment of li- a Fixed-Satellite Service licensee and censes that propose combinations of uses the spectrum covered under its partitioning and disaggregation. UMFUS license in connection with a (4) For purposes of partitioning and satellite earth station, it can dem- disaggregation, part 30 systems must

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be designed so as not to exceed the sig- sum of all antenna elements is limited nal level specified for the particular to a maximum EIRP of +55 dBm. spectrum block in § 30.204 at the licens- (d) For fixed point-to-point and ee’s service area boundary, unless the point-to-multipoint limits see § 30.405. affected adjacent service area licensees have agreed to a different signal level. § 30.203 Emission limits. (c) License term. The license term for (a) The conductive power or the total a partitioned license area and for radiated power of any emission outside disaggregated spectrum shall be the re- a licensee’s frequency block shall be mainder of the original licensee’s li- ¥13 dBm/MHz or lower. However, in cense term as provided for in § 30.103. the bands immediately outside and ad- [81 FR 79937, Nov. 14, 2016, as amended at 82 jacent to the licensee’s frequency FR 41548, Sept. 1, 2017] block, having a bandwidth equal to 10 percent of the channel bandwidth, the conductive power or the total radiated Subpart C—Technical Standards power of any emission shall be ¥5 dBm/ MHz or lower. § 30.201 Equipment authorization. (b)(1) Compliance with this provision (a) Except as provided under para- is based on the use of measurement in- graph (c) of this section, each trans- strumentation employing a resolution mitter utilized for operation under this bandwidth of 1 megahertz or greater. part must be of a type that has been (2) When measuring the emission lim- authorized by the Commission under its, the nominal carrier frequency shall its certification procedure. be adjusted as close to the licensee’s (b) Any manufacturer of radio trans- frequency block edges as the design mitting equipment to be used in these permits. services may request equipment au- (3) The measurements of emission thorization following the procedures power can be expressed in peak or aver- set forth in subpart J of part 2 of this age values. chapter. Equipment authorization for (c) For fixed point-to-point and an individual transmitter may be repoint-to-multipoint limits see § 30.404. quested by an applicant for a station authorization by following the proce- § 30.204 Field strength limits. dures set forth in part 2 of this chapter. (a) Base/mobile operations: The pre- (c) Unless specified otherwise, trans- dicted or measured Power Flux Density mitters for use under the provisions of (PFD) from any Base Station operating subpart E of this part for fixed point- in the 27.5–28.35 GHz band, 37–38.6 GHz to-point microwave and point-to- band, and 38.6–40 GHz bands at any lo- multipoint services must be a type cation on the geographical border of a that has been verified for compliance. licensee’s service area shall not exceed ¥76dBm/m2/MHz (measured at 1.5 me- § 30.202 Power limits. ters above ground) unless the adjacent (a) For fixed and base stations oper- affected service area licensee(s) ating in connection with mobile sys- agree(s) to a different PFD. tems, the average power of the sum of (b) Fixed point-to-point operations. (1) all antenna elements is limited to an Prior to operating a fixed point-to- equivalent isotopically radiated power point transmitting facility in the (EIRP) density of +75dBm/100 MHz. For 27,500–28,350 MHz band where the facili- channel bandwidths less than 100 mega- ties are located within 20 kilometers of hertz the EIRP must be reduced pro- the boundary of the licensees author- portionally and linearly based on the ized market area, the licensee must bandwidth relative to 100 megahertz. complete frequency coordination in ac- (b) For mobile stations, the average cordance with the procedures specified power of the sum of all antenna ele- in § 101.103(d)(2) of this chapter with re- ments is limited to a maximum EIRP spect to neighboring licensees that of +43 dBm. may be affected by its operations. (c) For transportable stations, as de- (2) Prior to operating a fixed point- fined in § 30.2, the average power of the to-point transmitting facility in the

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37,000–40,000 MHz band where the facili- tional Telecommunications and Infor- ties are located within 16 kilometers of mation Administration (NTIA). All li- the boundary of the licensees author- censees operating within the zone de- ized market area, the licensee must fined by the 60 dBm/100 MHz EIRP co- complete frequency coordination in ac- ordinates in the tables below must co- cordance with the procedures specified ordinate all operations. Licensees oper- in § 101.103(d)(2) of this chapter with re- ating within the area between the spect to neighboring licensees that zones defined by the 60 dBm and 75 may be affected by its operations. dBm/100 MHz EIRP coordinates in the tables below must coordinate all oper- § 30.205 Federal coordination require- ations if their base station EIRP is ments. greater than 60 dBm/100 MHz or if their (a) Licensees in the 37–38 GHz band antenna height exceeds 100 meters located within the zones defined by the above ground level. Licensees oper- coordinates in the tables below must ating outside the zones defined by the coordinate their operations with Fed- 75 dBm/100 MHz EIRP coordinates in eral Space Research Service (space to the tables below are not required to co- Earth) users of the band via the Na- ordinate their operations with NTIA.

TABLE 1 TO PARAGRAPH (a): GOLDSTONE, CALIFORNIA COORDINATION ZONE

60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/Longitude Latitude/Longitude Latitude/Longitude Latitude/Longitude (decimal degrees) (decimal degrees) (decimal degrees) (decimal degrees)

34.69217/¥115.6491 ...... 34.19524/¥117.47963 ...... 34.69217/¥115.6491 ...... 34.19524/¥117.47963 35.25746/¥115.32041 ...... 34.24586/¥117.36210 ...... 35.25746/¥115.32041 ...... 34.24586/¥117.36210 36.21257/¥117.06567 ...... 35.04648/¥117.03781 ...... 36.11221/¥116.63632 ...... 34.21748/¥117.12812 36.55967/¥117.63691 ...... 35.04788/¥117.00949 ...... 36.54731/¥117.48242 ...... 34.20370/¥116.97024 36.66297/¥118.31017 ...... 34.22940/¥117.22327 ...... 36.73049/¥118.33683 ...... 34.12196/¥116.93109 36.06074/¥118.38528 ...... 34.20370/¥116.97024 ...... 36.39126/¥118.47307 ...... 34.09498/¥116.75473 35.47015/¥118.39008 ...... 34.12196/¥116.93109 ...... 36.36891/¥118.47134 ...... 34.13603/¥116.64002 35.40865/¥118.34353 ...... 34.09498/¥116.75473 ...... 35.47015/¥118.39008 ...... 34.69217/¥115.6591 35.35986/¥117.24709 ...... 34.19642/¥116.72901 ...... 35.40865/¥118.34353 ...... 34.69217/¥115.6491 35.29539/¥117.21102 ...... 34.64906/¥116.62741 ...... 35.32048/¥117.26386 34.67607/¥118.55412 ...... 34.44404/¥116.31486 ...... 34.63725/¥118.96736 34.61532/¥118.36919 ...... 34.52736/¥116.27845 ...... 34.55789/¥118.36204 34.91551/¥117.70371 ...... 34.76685/¥116.27930 ...... 34.51108/¥118.15329 34.81257/¥117.65400 ...... 34.69217/¥115.6591 ...... 34.39220/¥118.28852 34.37411/¥118.18385 ...... 34.69217/¥115.6491 ...... 34.38546/¥118.27460 34.33405/¥117.94189 ...... 34.37524/¥118.24191 34.27249/¥117.65445 ...... 34.37039/¥118.22557

TABLE 2 TO PARAGRAPH (a)—SOCORRO, NEW MEXICO COORDINATION ZONE

60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/longitude Latitude/longitude Latitude/longitude (decimal degrees) (decimal degrees) (decimal degrees)

34.83816/¥107.66828 ...... 33.44401/¥108.67876 ...... 33.10651/¥108.19320 34.80070/¥107.68759 ...... 33.57963/¥107.79895 ...... 33.11780/¥107.99980 34.56506/¥107.70233 ...... 33.84552/¥107.60207 ...... 33.13558/¥107.85611 34.40826/¥107.71489 ...... 33.85964/¥107.51915 ...... 33.80383/¥107.16520 34.31013/¥107.88349 ...... 33.86479/¥107.17223 ...... 33.94554/¥107.15516 34.24067/¥107.96059 ...... 33.94779/¥107.15038 ...... 33.95665/¥107.15480 34.10278/¥108.23166 ...... 34.11122/¥107.18132 ...... 34.08156/¥107.18137 34.07442/¥108.30646 ...... 34.15203/¥107.39035 ...... 34.10646/¥107.18938 34.01447/¥108.31694 ...... 34.29643/¥107.51071 ...... 35.24269/¥107.67969 33.86740/¥108.48706 ...... 34.83816/¥107.66828 ...... 34.06647/¥108.70438 33.81660/¥108.51052 ...... 33.35946/¥108.68902 33.67909/¥108.58750 ...... 33.29430/¥108.65004 33.50223/¥108.65470 ...... 33.10651/¥108.19320

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TABLE 3 TO PARAGRAPH (a)—WHITE SANDS, NEW MEXICO COORDINATION ZONE

60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/longitude Latitude/longitude Latitude/longitude Latitude/longitude (decimal degrees) (decimal degrees) (decimal degrees) (decimal degrees)

33.98689/¥107.15967 ...... 31.78455/¥106.54058 ...... 31.7494/¥106.49132 ...... 32.88382/¥108.16588 33.91573/¥107.46301 ...... 32.24710/¥106.56114 ...... 32.24524/¥106.56507 ...... 32.76255/¥108.05679 33.73122/¥107.73585 ...... 32.67731/¥106.53681 ...... 32.67731/¥106.53681 ...... 32.56863/¥108.43999 33.37098/¥107.84333 ...... 32.89856/¥106.56882 ...... 32.89856/¥106.56882 ...... 32.48991/¥108.50032 33.25424/¥107.86409 ...... 33.24323/¥106.70094 ...... 33.04880/¥106.62309 ...... 32.39142/¥108.48959 33.19808/¥107.89673 ...... 33.98689/¥107.15967 ...... 33.21824/¥106.68992 ...... 31.63664/¥108.40480 33.02128/¥107.87226 ...... 33.24347/¥106.70165 ...... 31.63466/¥108.20921 32.47747/¥107.77963 ...... 34.00708/¥107.08652 ...... 31.78374/¥108.20798 32.31543/¥108.16101 ...... 34.04967/¥107.17524 ...... 31.78322/¥106.52825 31.79429/¥107.88616 ...... 33.83491/¥107.85971 ...... 31.7494/¥106.49132

(b) Licensees in the 37–38.6 GHz band partment of Defense via the National located within the zones defined by the Telecommunications and Information coordinates in the table below must co- Administration (NTIA). ordinate their operations with the De-

TABLE 4 TO PARAGRAPH (b)—COORDINATION AREAS FOR FEDERAL TERRESTRIAL SYSTEMS

Coordination area Location Agency (decimal degrees)

China Lake, CA ...... Navy ...... 50 kilometer radius centered on latitude 35.614781 and longitude ¥117.454309. San Diego, CA ...... Navy ...... 30 kilometer radius centered on latitude 32.68333 and longitude ¥117.23333. Nanakuli, HI...... Navy ...... 30 kilometer radius centered on latitude 21.38333 and longitude ¥158.13333. Fishers Island, NY...... Navy ...... 30 kilometer radius centered on latitude 41.25 and longitude ¥72.01666. Saint Croix, VI ...... Navy ...... 30 kilometer radius centered on latitude 17.74722 and longitude ¥64.88. Fort Irwin, CA ...... Army ...... 30 kilometer radius centered on latitude 35.26666 and longitude ¥116.68333. Fort Carson, CO...... Army ...... 30 kilometer radius centered on latitude 38.71666 and longitude ¥104.65. Fort Hood, TX...... Army ...... 30 kilometer radius centered on latitude 31.11666 and longitude ¥97.76666. Fort Bliss, TX...... Army ...... 30 kilometer radius centered on latitude 31.8075 and longitude ¥106.42166. Yuma Proving Ground, AZ...... Army ...... 30 kilometer radius centered on latitude 32.48333 and longitude ¥114.33333. Fort Huachuca, AZ ...... Army ...... 30 kilometer radius centered on latitude 31.55 and longitude ¥110.35. White Sands Missile Range, NM Army ...... 30 kilometer radius centered on latitude 33.35 and longitude ¥106.3. Edwards AFB, CA ...... Air Force ...... 20 kilometer radius centered on latitude 34.922905 and longitude ¥117.891219. Moody Air Force Base, GA ...... Air Force ...... 30 kilometer radius centered on latitude 30.96694 and longitude ¥83.185. Hurlburt Air Force Base, FL ...... Air Force ...... 30 kilometer radius centered on latitude 30.42388 and longitude ¥86.70694.

(c) In addition to the locations listed erations cannot be accommodated in in table 4 to paragraph (b) of this sec- the 37–37.6 GHz band. tion, requests may be submitted to the [81 FR 79937, Nov. 14, 2016, as amended at 84 Commission for access to the 37.6–38.6 FR 18405, May 1, 2019; 84 FR 20820, May 13, GHz band for specific additional mili- 2019] tary bases and ranges for the purpose of defense applications or national se- § 30.206 International coordination. curity when the proposed military op- Operations in the 27.5–28.35 GHz, 37– 38.6, and 38.6–40 GHz bands are subject

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to existing and future international § 30.302 Designated entities and bid- agreements with Canada and Mexico. ding credits. (a) Eligibility for small business provi- § 30.207 Radio frequency (RF) safety. sions. (1) A small business is an entity Licensees and manufacturers are sub- that, together with its affiliates, its ject to the radio frequency radiation controlling interests and the affiliates exposure requirements specified in of its controlling interests, have aver- §§ 1.1307(b), 1.1310, 2.1091, and 2.1093 of age gross revenues that are not more this chapter, as appropriate. Applica- than $55 million for the preceding three tions for equipment authorization of (3) years. mobile or portable devices operating (2) A very small business is an entity under this section must contain a that, together with its affiliates, its statement confirming compliance with controlling interests and the affiliates of its controlling interests, has average these requirements. Technical informa- gross revenues that are not more than tion showing the basis for this state- $20 million for the preceding three (3) ment must be submitted to the Com- years. mission upon request. (b) Bidding credits. A winning bidder that qualifies as a small business, as § 30.208 Operability. defined in this section, or a consortium Mobile and transportable stations of small businesses may use a bidding that operate on any portion of fre- credit of 15 percent, as specified in quencies within the 27.5–28.35 GHz or § 1.2110(f)(2)(i)(C) of this chapter. A win- the 37–40 GHz bands must be capable of ning bidder that qualifies as a very operating on all frequencies within small business, as defined in this sec- those particular bands. Mobile and tion, or a consortium of very small transportable stations that operate on businesses may use a bidding credit of any portion of either the 24.25–24.45 25 percent, as specified in GHz or 24.75–25.25 GHz bands must be § 1.2110(f)(2)(i)(B) of this chapter. capable of operating on all frequencies (c) A rural service provider, as de- within both of those bands. fined in § 1.2110(f)(4) of this chapter, who has not claimed a small business [83 FR 34492, July 20, 2018] bidding credit may use a bidding credit of 15 percent bidding credit, as speci- § 30.209 Duplexing. fied in § 1.2110(f)(4)(i) of this chapter. Stations authorized under this rule part may employ frequency division Subpart E—Special Provisions for duplexing, time division duplexing, or Fixed Point-to-Point, Fixed any other duplexing scheme, provided Point-to-Multipoint Hub Sta- that they comply with the other tech- tions, and Fixed Point-to- nical and operational requirements Multipoint User Stations specified in this part. § 30.401 Permissible service. Subpart D—Competitive Bidding Stations authorized under this sub- Procedures part may deploy stations used solely as fixed point-to-point stations, fixed § 30.301 Upper Microwave Flexible Use point-to-multipoint hub stations, or Service subject to competitive bid- fixed point-to-multipoint user stations, ding. as defined in § 30.2, subject to the tech- Mutually exclusive initial applica- nical and operational requirements tions for Upper Microwave Flexible specified in this subpart. User Service licenses are subject to § 30.402 Frequency tolerance. competitive bidding. The general com- The carrier frequency of each trans- petitive bidding procedures set forth in mitter authorized under this subpart part 1, subpart Q of this chapter will must be maintained within the fol- apply unless otherwise provided in this lowing percentage of the reference fre- subpart. quency (unless otherwise specified in

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the instrument of station authoriza- (i) In any 1 MHz band, the center fre- tion the reference frequency will be quency of which is removed from the deemed to be the assigned frequency): assigned frequency by more than 50 percent up to and including 250 percent Frequency Frequency (MHz) tolerance of the authorized bandwidth: As speci- (percent) fied by the following equation but in no event less than 11 decibels: 27,500 to 28,350 ...... 0.001 38,600 to 40,000 ...... 0.03 A = 11 + 0.4(P¥50) + 10 Log10 B. (At- tenuation greater than 56 decibels § 30.403 Bandwidth. or to an absolute power of less than ¥13 dBm/1MHz is not required.) (a) Stations under this subpart will (ii) In any 1 MHz band, the center fre- be authorized any type of emission, quency of which is removed from the method of modulation, and transmission characteristic, consistent with assigned frequency by more than 250 efficient use of the spectrum and good percent of the authorized bandwidth: engineering practice. At least 43 + 10 Log10 (the mean output power in watts) decibels, or 80 decibels, (b) The maximum bandwidth authorized per frequency to stations under whichever is the lesser attenuation. this subpart is set out in the table that The authorized bandwidth includes the follows. nominal radio frequency bandwidth of an individual transmitter/modulator in block-assigned bands. Equipment li- Frequency band Maximum authorized censed prior to April 1, 2005 shall only (MHz) bandwidth be required to meet this standard in 27,500 to 28,350 ...... 850 MHz. any 4 kHz band. 38,600 to 40,000 ...... 200 MHz.1 (iii) The emission mask in paragraph 1 For channel block assignments in the 38,600–40,000 MHz (a)(2)(i) of this section applies only to bands when adjacent channels are aggregated, equipment is permitted to operate over the full channel block aggregation the band edge of each block of spec- without restriction. trum, but not to subchannels established by licensees. The value of P in § 30.404 Emission limits. the equation is the percentage removed (a) The mean power of emissions from the carrier frequency and assumes must be attenuated below the mean that the carrier frequency is the center output power of the transmitter in ac- of the actual bandwidth used. The cordance with the following schedule: emission mask can be satisfied by lo- (1) When using transmissions other cating a carrier of the subchannel suffi- than those employing digital modula- ciently far from the channel edges so tion techniques: that the emission levels of the mask (i) On any frequency removed from are satisfied. The emission mask shall the assigned frequency by more than 50 use a value B (bandwidth) of 40 MHz, percent up to and including 100 percent for all cases even in the case where a of the authorized bandwidth: At least narrower subchannel is used (for in- 25 decibels; stance the actual bandwidth is 10 MHz) (ii) On any frequency removed from and the mean output power used in the the assigned frequency by more than calculation is the sum of the output 100 percent up to and including 250 per- power of a fully populated channel. For cent of the authorized bandwidth: At block assigned channels, the out-of- least 35 decibels; band emission limits apply only out- (iii) On any frequency removed from side the assigned band of operation and the assigned frequency by more than not within the band. 250 percent of the authorized band- (b) [Reserved] width: At least 43 + 10 Log10 (mean output power in watts) decibels, or 80 deci- § 30.405 Transmitter power limita- bels, whichever is the lesser attenu- tions. ation. On any authorized frequency, the av- (2) When using transmissions employ- erage power delivered to an antenna in ing digital modulation techniques in this service must be the minimum situations not covered in this section: amount of power necessary to carry

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out the communications desired. Appli- ceiving station with which it commu- cation of this principle includes, but is nicates: provided, however, where a sta- not to be limited to, requiring a li- tion communicates with more than one censee who replaces one or more of its point, a multi- or omni-directional an- antennas with larger antennas to re- tenna may be authorized if necessary. duce its antenna input power by an (b) Fixed stations (other than tem- amount appropriate to compensate for porary fixed stations) must employ the increased primary lobe gain of the transmitting and receiving antennas replacement antenna(s). In no event (excluding second receiving antennas shall the average equivalent for operations such as space diversity) isotropically radiated power (EIRP), as meeting the appropriate performance referenced to an isotropic radiator, ex- Standard A indicated in the table to ceed the following: this section, except that in areas not subject to frequency congestion, anten- MAXIMUM ALLOWABLE EIRP nas meeting performance Standard B Frequency band (MHz) Fixed (dBW) may be used. For frequencies with a Standard B1 and a Standard B2, in 27,500–28,3501 ...... + 55 38,600–40,000 ...... + 55 order to comply with Standard B an antenna must fully meet either Stand- 1 For Point-to-multipoint user stations authorized in these bands, the EIRP shall not exceed 55 dBw or 42 dBw/MHz. ard B1 or Standard B2. Licensees shall comply with the antenna standards § 30.406 Directional antennas. table shown in this paragraph in the (a) Unless otherwise authorized upon following manner: specific request by the applicant, each (1) With either the maximum beam- station authorized under the rules of width to 3 dB points requirement or this subpart must employ a directional with the minimum antenna gain re- antenna adjusted with the center of the quirement; and major lobe of radiation in the hori- (2) With the minimum radiation sup- zontal plane directed toward the re- pression to angle requirement.

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1 points in degrees) width to 3 dB (included angle Maximum beam- Category B ...... n/a ...... 24 28 32 35 20 38 36 36 ... A ...... n/a ...... 38 25 29 33 36 42 55 55 2 (MHz) Frequency If a licensee chooses to show compliance using maximum beamwidth 3 dB points, the limit shall apply in both az Stations authorized to operate in the 38,600–40,000 MHz band may use antennas other than those meeting Category A standard. 1 2 38,600 to 40,000 sion may require the use of higher performance antennas where interference problems can be resolved by such planes.

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§ 30.407 Antenna polarization. 32.2000 Instructions for telecommunications plant accounts. In the 27,500–28,350 MHz band, system 32.2001 Telecommunications plant in serv- operators are permitted to use any po- ice. larization within its service area, but 32.2002 Property held for future tele- only vertical and/or horizontal polar- communications use. ization for antennas located within 20 32.2003 Telecommunications plant under kilometers of the outermost edge of construction. their service area. 32.2005 Telecommunications plant adjustment. 32.2006 Nonoperating plant. PART 32—UNIFORM SYSTEM OF 32.2007 Goodwill. ACCOUNTS FOR TELECOMMUNI- 32.2110 Land and support assets. CATIONS COMPANIES 32.2111 Land. 32.2112 Motor vehicles. 32.2113 Aircraft. Subpart A—Preface 32.2114 Tools and other work equipment. Sec. 32.2121 Buildings. 32.1 Background. 32.2122 Furniture. 32.2 Basis of the accounts. 32.2123 Office equipment. 32.3 [Reserved] 32.2124 General purpose computers. 32.4 Communications Act. 32.2210 Central office—switching. 32.2211 Non-digital switching. Subpart B—General Instructions 32.2212 Digital electronic switching. 32.2220 Operator systems. 32.11 Companies subject to this part. 32.2230 Central office—transmission. 32.12 Records. 32.2231 Radio systems. 32.13 Accounts—general. 32.2232 Circuit equipment. 32.14 Regulated accounts. 32.2310 Information origination/termi- 32.15 [Reserved] nation. 32.16 Changes in accounting standards. 32.2311 Station apparatus. 32.17 Interpretation of accounts. 32.2341 Large private branch exchanges. 32.18 Waivers. 32.2351 Public telephone terminal equip- 32.19 Address for reports and correspond- ment. ence. 32.2362 Other terminal equipment. 32.20 Numbering convention. 32.21 Sequence of accounts. 32.2410 Cable and wire facilities. 32.22 Comprehensive interperiod tax alloca- 32.2411 Poles. tion. 32.2421 Aerial cable. 32.23 Nonregulated activities. 32.2422 Underground cable. 32.24 Compensated absences. 32.2423 Buried cable. 32.25 Unusual items and contingent liabil- 32.2424 Submarine & deep sea cable. ities. 32.2426 Intrabuilding network cable. 32.26 Materiality. 32.2431 Aerial wire. 32.27 Transactions with affiliates. 32.2441 Conduit systems. 32.2680 Amortizable tangible assets. Subpart C—Instructions for Balance Sheet 32.2681 Finance leases. Accounts 32.2682 Leasehold improvements. 32.2690 Intangibles. 32.101 Structure of the balance sheet ac- 32.3000 Instructions for balance sheet accounts. counts—depreciation and amortization. 32.102 Nonregulated investments. 32.3100 Accumulated depreciation. 32.103 Balance sheet accounts for other than 32.3200 Accumulated depreciation—held for regulated-fixed assets to be maintained. future telecommunications use. 32.1120 Cash and equivalents. 32.3300 Accumulated depreciation—nonop- 32.1170 Receivables. erating. 32.1171 Allowance for doubtful accounts. 32.3400 Accumulated amortization—tan- 32.1191 Accounts receivable allowance— gible. other. 32.3410 Accumulated amortization—capital- 32.1220 Inventories. ized finance leases. 32.1280 Prepayments. 32.3999 Instructions for balance sheet ac- 32.1350 Other current assets. counts—liabilities and stockholders’ eq- 32.1406 Nonregulated investments. uity. 32.1410 Other noncurrent assets. 32.4000 Current accounts and notes payable. 32.1438 Deferred maintenance and retire- 32.4040 Customers’ deposits. ments. 32.4070 Income taxes—accrued. 32.1500 Other jurisdictional assets—net. 32.4080 Other taxes—accrued.

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32.4100 Net current deferred operating in- 32.6232 Circuit equipment expense. come taxes. 32.6310 Information origination/termination 32.4110 Net current deferred nonoperating expenses. income taxes. 32.6311 Station apparatus expense. 32.4130 Other current liabilities. 32.6341 Large private branch exchange ex- 32.4200 Long term debt and funded debt. pense. 32.4300 Other long-term liabilities and de- 32.6351 Public telephone terminal equip- ferred credits. ment expense. 32.4320 Unamortized operating investment 32.6362 Other terminal equipment expense. tax credits—net. 32.6410 Cable and wire facilities expenses. 32.4330 Unamortized nonoperating invest- 32.6411 Poles expense. ment tax credits—net. 32.6421 Aerial cable expense. 32.4340 Net noncurrent deferred operating 32.6422 Underground cable expense. income taxes. 32.6423 Buried cable expense. 32.4341 Net deferred tax liability adjust- 32.6424 Submarine and deep sea cable ex- ments. pense. 32.4350 Net noncurrent deferred nonop- 32.6426 Intrabuilding network cable expense. erating income taxes. 32.6431 Aerial wire expense. 32.4361 Deferred tax regulatory adjust- 32.6441 Conduit systems expense. ments—net. 32.6510 Other property, plant and equipment 32.4370 Other jurisdictional liabilities and expenses. deferred credits—net. 32.6511 Property held for future tele- 32.4510 Capital stock. communications use expense. 32.4520 Additional paid-in capital. 32.6512 Provisioning expense. 32.4530 Treasury stock. 32.6530 Network operations expenses. 32.4540 Other capital. 32.6531 Power expense. 32.4550 Retained earnings. 32.6532 Network administration expense. 32.6533 Testing expense. Subpart D—Instructions for Revenue 32.6534 Plant operations administration ex- Accounts pense. 32.4999 General. 32.6535 Engineering expense. 32.5000 Basic local service revenue. 32.6540 Access expense. 32.5001 Basic area revenue. 32.6560 Depreciation and amortization ex- 32.5002 Optional extended area revenue. penses. 32.5003 Cellular mobile revenue. 32.6561 Depreciation expense—telecommuni- 32.5040 Private line revenue. cations plant in service. 32.5060 Other basic area revenue. 32.6562 Depreciation expense—property held 32.5081 End user revenue. for future telecommunications use. 32.5082 Switched access revenue. 32.6563 Amortization expense—tangible. 32.5083 Special access revenue. 32.6564 Amortization expense—intangible. 32.5100 Long distance message revenue. 32.6565 Amortization expense—other. 32.5200 Miscellaneous revenue. 32.6610 Marketing. 32.5230 Directory revenue. 32.6611 Product management and sales. 32.5280 Nonregulated operating revenue. 32.6613 Product advertising. 32.5300 Uncollectible revenue. 32.6620 Services. 32.6621 Call completion services. Subpart E—Instructions for Expense 32.6622 Number services. Accounts 32.6623 Customer services. 32.6720 General and administrative. 32.5999 General. 32.6790 Provision for uncollectible notes re- 32.6110 Network support expenses. ceivable. 32.6112 Motor vehicle expense. 32.6113 Aircraft expense. Subpart F—Instructions for Other Income 32.6114 Tools and other work equipment ex- Accounts pense. 32.6120 General support expenses. 32.6999 General. 32.6121 Land and building expense. 32.7100 Other operating income and ex- 32.6122 Furniture and artworks expense. penses. 32.6123 Office equipment expense. 32.7199 Content of accounts. 32.6124 General purpose computers expense. 32.7200 Operating taxes. 32.6210 Central office switching expenses. 32.7210 Operating investment tax credits— 32.6211 Non-digital switching expense. net. 32.6212 Digital electronic switching expense. 32.7220 Operating Federal income taxes. 32.6220 Operator systems expense. 32.7230 Operating state and local income 32.6230 Central office transmission expense. taxes. 32.6231 Radio systems expense. 32.7240 Operating other taxes.

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32.7250 Provision for deferred operating in- terms, the basic transactions which come taxes—net. occur. Certain natural groupings of 32.7300 Nonoperating income and expense. these transactions are called (in dif- 32.7400 Nonoperating taxes. 32.7500 Interest and related items. ferent contexts) transaction cycles, 32.7600 Extraordinary items. business processes, functions or activi- 32.7899 Content of accounts. ties. The concept, however, is the same 32.7910 Income effect of jurisdictional rate- in each case; i.e., the natural groupings making differences—net. represent what happens within the 32.7990 Nonregulated net income. company on a consistent and continuing basis. This repetitive nature of Subpart G—Glossary the natural groupings, over long peri- 32.9000 Glossary of terms. ods of time, lends an element of sta- AUTHORITY: 47 U.S.C. 219, 220 as amended, bility to the financial account struc- unless otherwise noted. ture. (b) Within the telecommunications SOURCE: 51 FR 43499, Dec. 2, 1986, unless otherwise noted. industry companies, certain recurring functions (natural groupings) do take place in the course of providing prod- Subpart A—Preface ucts and services to customers. These § 32.1 Background. accounts reflect, to the extent feasible, those functions. For example, the pri- The revised Uniform System of Ac- mary bases of the accounts containing counts (USOA) is a historical financial the investment in telecommunications accounting system which reports the plant are the functions performed by the results of operational and financial assets. In addition, because of the an- events in a manner which enables both ticipated effects of future innovations, management and regulators to assess the telecommunications plant ac- these results within a specified accounts are intended to permit techno- counting period. The USOA also pro- logical distinctions. Similarly, the pri- vides the financial community and oth- mary bases of plant operations, cus- ers with financial performance results. tomer operations and corporate oper- In order for an accounting system to ations expense accounts are the func- fulfill these purposes, it must exhibit tions performed by individuals. The rev- consistency and stability in financial enue accounts, on the other hand, re- reporting (including the results pub- flect a market perspective of natural lished for regulatory purposes). Accord- groupings based primarily upon the ingly, the USOA has been designed to products and services purchased by cus- reflect stable, recurring financial data tomers. based to the extent regulatory consid- (c) In the course of developing the erations permit upon the consistency bases for this account structure, sev- of the well-established body of ac- eral other alternatives were explored. counting theories and principles com- It was, for example, determined that, monly referred to as generally accept- because of the variety and continual ed accounting principles (GAAP). The changing of various cost allocation rules of this part, and any other rules mechanisms, the financial accounts of or orders that are derivative of or de- a company should not reflect an a pendent on the rules in this part, do priori allocation of revenues, invest- not apply to price cap companies, and ments or expenses to products or serv- rate-of-return telephone companies of- ices, jurisdictions or organizational fering business data services pursuant structures. (Note also § 32.14 (c) and (d) to § 61.50 of this chapter, that have of subpart B.) It was also determined opted-out of USOA requirements pursu- that costs (in the case of assets) should ant to the conditions specified by the not be recorded based solely upon phys- Commission in § 32.11(g). ical attributes such as location, de- [83 FR 67121, Dec. 28, 2018] scription or size. (d) Care has been taken in this ac- § 32.2 Basis of the accounts. count structure to avoid confusing a (a) The financial accounts of a com- function with an organizational re- pany are used to record, in monetary sponsibility, particularly as it relates

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to the expense accounts. Whereas in For regulations governing the periods the past, specific organizations may for which records are to be retained, have performed specific functions, the see part 42, Preservation of Records of future environment with its increasing Communications Common Carriers, of mechanization and other changes will this chapter which relates to preserva- result in entirely new or restructured tion of records. organizations. Thus, any relationships drawn between organizations and ac- Subpart B—General Instructions counts would become increasingly meaningless with the passage of time. § 32.11 Companies subject to this part. (e) These accounts, then, are in- (a) This part applies to every incum- tended to reflect a functional and tech- bent local exchange carrier, as defined nological view of the telecommuni- in section 251(h) of the Communica- cations industry. This view will pro- tions Act, and any other carrier that vide a stable and consistent foundation the Commission designates by order. for the recording of financial data. This part refers to such carriers as (f) The financial data contained in ‘‘companies’’ or ‘‘Class B companies.’’ the accounts, together with the de- Incumbent local exchange carriers’ tailed information contained in the un- successor or assign companies, as defined in section 251(h)(1)(B)(ii) of the derlying financial and other subsidiary Communications Act, that are found to records required by this Commission, be non-dominant by the Commission, will provide the information necessary will not be subject to this Uniform Sys- to support separations, cost of service tem of Accounts. and management reporting require- (b)—(f) [Reserved] ments. The basic account structure has (g) Notwithstanding paragraph (a) of been designed to remain stable as re- this section, a price cap company, or a porting requirements change. rate-of-return telephone company offering business data services pursuant § 32.3 [Reserved] to § 61.50 of this chapter, that elects to calculate its pole attachment rates § 32.4 Communications Act. pursuant to § 1.1406(e) of this chapter Attention is directed to the following will not be subject to this Uniform Sys- extract from section 220 of the Commu- tem of Accounts. nications Act of 1934, 47 U.S.C. 220 [67 FR 5679, Feb. 6, 2002, as amended at 69 FR (1984): 53648, Sept. 2, 2004; 82 FR 20840, May 4, 2017; (e) Any person who shall willfully make 83 FR 67121, Dec. 28, 2018] any false entry in the accounts of any book of accounts or in any record or memoranda § 32.12 Records. kept by any such carrier, or who shall will- (a) The company’s financial records fully destroy, mutilate, alter, or by any shall be kept in accordance with gen- other means or device falsify any such ac- erally accepted accounting principles count, record, or memoranda, or who shall to the extent permitted by this system willfully neglect or fail to make full, true, of accounts. and correct entries in such accounts, records, or memoranda of all facts and trans- (b) The company’s financial records actions appertaining to the business of the shall be kept with sufficient particu- carrier, shall be deemed guilty of a mis- larity to show fully the facts per- demeanor, and shall be subject, upon convic- taining to all entries in these accounts. tion, to a fine of not less than $1,000 nor The detail records shall be filed in such more than $5,000 or imprisonment for a term manner as to be readily accessible for of not less than one year nor more than examination by representatives of this three years, or both such fine and imprison- Commission. ment: Provided, that the Commission may in (c) The Commission shall require a its discretion issue orders specifying such op- company to maintain financial and erating, accounting or financial papers, records, books, blanks, or documents which other subsidiary records in such a man- may, after a reasonable time, be destroyed, ner that specific information, of a type and prescribing the length of time such not warranting disclosure as an ac- books, papers, or documents shall be pre- count or subaccount, will be readily served. available. When this occurs, or where

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the full information is not otherwise system with respect to such subsidiary recorded in the general books, the sub- records: sidiary records shall be maintained in (1) Subsidiary records shall be rec- sufficient detail to facilitate the re- onciled to the company’s general ledg- porting of the required specific infor- er or books of original entry, as appro- mation. The subsidiary records, in priate. which the full details are shown, shall (2) The company shall adequately be sufficiently referenced to permit document the accounting procedures ready identification and examination related to subsidiary records. by representatives of this Commission. (3) The subsidiary records shall be maintained at an adequate level of de- § 32.13 Accounts—general. tail to satisfy state regulators. (a) As a general rule, all accounts [51 FR 43499, Dec. 2, 1986, as amended at 65 kept by reporting companies shall con- FR 16334, Mar. 28, 2000; 67 FR 5679, Feb. 6, form in numbers and titles to those 2002] prescribed herein. However, reporting § 32.14 Regulated accounts. companies may use different numbers for internal purposes when separate ac- (a) In the context of this part, the counts (or subaccounts) maintained are regulated accounts shall be interpreted consistent with the title and content of to include the investments, revenues accounts and subaccounts prescribed in and expenses associated with those this system. telecommunications products and serv- (1) A company may subdivide any of ices to which the tariff filing require- the accounts prescribed. The titles of ments contained in Title II of the Com- all such subaccounts shall refer by munications Act of 1934, as amended, number or title to the controlling ac- are applied, except as may be otherwise count. provided by the Commission. Regulated (2) A company may establish tem- telecommunications products and serv- porary or experimental accounts with- ices are thereby fully subject to the ac- out prior notice to the Commission. counting requirements as specified in Title II of the Communications Act of (b) Exercise of the preceding options 1934, as amended, and as detailed in shall be allowed only if the integrity of subparts A through F of this part of the prescribed accounts is not im- the Commission’s Rules and Regula- paired. tions. (c) As of the date a company becomes (b) In addition to those amounts con- subject to the system of accounts, the sidered to be regulated by the provi- company is authorized to make any sions of paragraph (a) of this section, such subdivisions, reclassifications or those telecommunications products consolidations of existing balances as and services to which the tariff filing are necessary to meet the requirements requirements of the several state juris- of this system of accounts. dictions are applied shall be accounted (d) Nothing contained in this part for as regulated, except where such shall prohibit or excuse any company, treatment is proscribed or otherwise receiver, or operating trustee of any excluded from the requirements per- carrier from subdividing the accounts taining to regulated telecommuni- hereby prescribed for the purpose of: cations products and services by this (1) Complying with the requirements Commission. of the state commission(s) having ju- (c) In the application of detailed ac- risdiction; or counting requirements contained in (2) Securing the information required this part, when a regulated activity in- in the prescribed reports to such com- volves the common or joint use of as- mission(s). sets and resources in the provision of (e) Where the use of subsidiary regulated and nonregulated products records is considered necessary in order and services, companies shall account to secure the information required in for these activities within the accounts reports to any state commission, the prescribed in this system for telephone company shall incorporate the fol- company operations. Assets and ex- lowing controls into their accounting penses shall be subdivided in subsidiary

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records among amounts solely assign- accounting standards prescribed by the able to nonregulated activities, Financial Accounting Standards Board amounts solely assignable to regulated or successor authoritative accounting activities, and amounts related to as- standard-setting groups, in a manner sets used and expenses incurred jointly consistent with generally accepted ac- or in common, which will be allocated counting principles. The change in an between regulated and nonregulated accounting standard will automati- activities. Companies shall submit re- cally take effect 90 days after the com- ports identifying regulated and non- pany informs this Commission of its in- regulated amounts in the manner and tention to follow the new standard, un- at the times prescribed by this Com- less the Commission notifies the commission. Nonregulated revenue items pany to the contrary. Any change not qualifying for incidental treat- adopted shall be disclosed in annual re- ment, as provided in § 32.4999(l), shall be ports required by § 43.21(f) of this chap- recorded in Account 5280, Nonregulated ter in the year of adoption. operating revenue. (b) The changes in accounting stand- (d) Other income items which are in- ards which this Commission approves cidental to the provision of regulated will not necessarily be binding on the products and services shall be ac- ratemaking practices of the various counted for as regulated activities. state commissions. (e) All costs and revenues related to [51 FR 43499, Dec. 2, 1986, as amended at 64 the offering of regulated products and FR 50007, Sept. 15, 1999; 67 FR 5679, Feb. 6, services which result from arrange- 2002] ments for joint participation or apportionment between two or more tele- § 32.17 Interpretation of accounts. phone companies (e.g., joint operating To the end that uniform accounting agreements, settlement agreements, shall be maintained within the pre- cost-pooling agreements) shall be re- scribed system, questions involving corded within the detailed accounts. significant matters which are not Under joint operating agreements, the clearly provided for shall be submitted creditor will initially charge the entire to the Chief, Wireline Competition Bu- expenses to the appropriate primary reau, for explanation, interpretation, accounts. The proportion of such ex- or resolution. Questions and answers penses borne by the debtor shall be thereto with respect to this system of credited by the creditor and charged by accounts will be maintained by the the debtor to the account initially Wireline Competition Bureau. charged. Any allowances for return on property used will be accounted for as [67 FR 13225, Mar. 21, 2002] provided in Account 5200, Miscella- neous revenue. § 32.18 Waivers. (f) All items of nonregulated revenue, A waiver from any provision of this investment and expense that are not system of accounts shall be made by properly includible in the detailed, reg- the Federal Communications Commis- ulated accounts prescribed in subparts sion upon its own initiative or upon A through F of this part, as determined the submission of written request by paragraphs (a) through (e) of this therefor from any telecommunications section shall be accounted for and in- company, or group of telecommuni- cluded in reports to this Commission as cations companies, provided that such specified in § 32.23 of this subpart. a waiver is in the public interest and each request for waiver expressly dem- [51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6560, Mar. 4, 1987; 53 FR 49321, Dec. 7, 1988; onstrates that: existing peculiarities or 67 FR 5679, Feb. 6, 2002] unusual circumstances warrant a de- parture from a prescribed procedure or § 32.15 [Reserved] technique; a specifically defined alternative procedure or technique will re- § 32.16 Changes in accounting stand- sult in a substantially equivalent or ards. more accurate portrayal of operating (a) The company’s records and ac- results or financial condition, con- counts shall be adjusted to apply new sistent with the principles embodied in

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the provisions of this system of ac- any calendar year over the life of the counts; and the application of such al- temporary difference. The tax effects ternative procedure will maintain or of book/tax temporary differences shall improve uniformity in substantive re- be normalized and the deferrals shall sults as among telecommunications be included in the following accounts: companies. 4100, Net Current Deferred Operating Income § 32.19 Address for reports and cor- Taxes; respondence. 4110, Net Current Deferred Nonoperating In- come Taxes; Reports, statements, and correspond- 4340, Net Noncurrent Deferred Operating In- ence submitted to the Federal Commu- come Taxes; nications Commission in accordance 4350, Net Noncurrent Deferred Nonoperating with or relating to instructions and re- Income Taxes. quirements contained herein shall be In lieu of the accounting prescribed addressed to the Wireless Competition herein, any company shall treat the in- Bureau, Federal Communications Com- crease or reduction in current income mission, Washington, DC 20554. taxes payable resulting from the use of [51 FR 43499, Dec. 2, 1986, as amended at 67 flow through accounting in prior years FR 13225, Mar. 21, 2002] as an increase or reduction in current tax expense. § 32.20 Numbering convention. (b) Supporting documentation shall (a) The number ‘‘32’’ (appearing to be maintained so as to separately iden- the left of the first decimal point) indi- tify the amount of deferred taxes which cates the part number. arise from the use of an accelerated (b) The numbers immediately fol- method of depreciation. lowing to the right of the decimal (c) Subsidiary records shall be used point indicate, respectively, the sec- to reduce the deferred tax assets con- tion or account. All Part 32 Account tained in the accounts specified in numbers contain 4 digits to-the-right-of paragraph (a) of this section when it is the decimal point. likely that some portion or all of the (c) Cross references to accounts are deferred tax asset will not be realized. made by citing the account numbers to The amount recorded in the subsidiary the right of the decimal point; e.g., Ac- record should be sufficient to reduce count 2232 rather than the cor- the deferred tax asset to the amount responding complete part 32 reference that is likely to be realized. number 32.2232. (d) The records supporting the activity in the deferred income tax accounts § 32.21 Sequence of accounts. shall be maintained in sufficient detail The order in which the accounts are to identify the nature of the specific presented in this system of accounts is temporary differences giving rise to not to be considered as necessarily in- both the debits and credits to the indi- dicative of the order in which they will vidual accounts. be scheduled at all times in reports to (e) Any company that uses acceler- this Commission. ated depreciation (or recognizes taxable income or losses upon the retire- § 32.22 Comprehensive interperiod tax ment of property) for income tax pur- allocation. poses shall normalize the tax differen- (a) Companies shall apply interperiod tials occasioned thereby as indicated in tax allocation (tax normalization) to paragraphs (e)(1) and (e)(2) of this sec- all book/tax temporary differences tion. which would be considered material for (1) With respect to the retirement of published financial report purposes. property the book/tax difference be- Furthermore, companies shall also tween (i) the recognition of proceeds as apply interperiod tax allocation if any income and the accrual for salvage item or group of similar items when value and (ii) the book and tax capital aggregated would yield debit or credit recovery, shall be normalized. entries which exceed or would exceed 5 (2) Records shall be maintained so as percent of the gross deferred income to show the deferred tax amounts by tax expense debits or credits during vintage year separately for each class

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or subclass of eligible depreciable tele- tivities. Activities that have been de- phone plant for which an accelerated regulated at the interstate level, but method of depreciation has been used not preemptively deregulated, will be for income tax purposes. When prop- classified for accounting purposes as erty is transferred to nonregulated ac- regulated activities until such time as tivities, the associated deferred income this Commission decides otherwise. taxes and unamortized investment tax The treatment of nonregulated activi- credits shall also be identified and ties shall differ depending on the ex- transferred to the appropriate nonregu- tent of the common or joint use of as- lated accounts. sets and resources in the provision of (f) The tax differentials to be normal- both regulated and nonregulated prod- ized as specified in this section shall ucts and services. also encompass the additional effect of state and local income tax changes on (b) When a nonregulated activity Federal income taxes produced by the does not involve the joint or common provision for deferred state and local use of assets and resources in the pro- income taxes for book/tax temporary vision of both regulated and nonregu- differences related to such income lated products and services, carriers taxes. shall account for these activities on a (g) Companies that receive the tax separate set of books consistent with benefits from the filing of a consoli- instructions set forth in §§ 32.1406 and dated income tax return by the parent 32.7990. Transfers of assets, and sales of company, (pursuant to closing agree- products and services between the reg- ments with the Internal Revenue Serv- ulated activity and a nonregulated ac- ice, effective January 1, 1966) rep- tivity for which a separate set of books resenting the deferred income taxes is maintained, shall be accounted for in from the elimination of intercompany accordance with the rules presented in profits for income tax purposes on sales § 32.27, Transactions with Affiliates. In of regulated equipment, may credit the separate set of books, carriers may such deferred taxes directly to the establish whatever detail they deem plant account which contains such appropriate beyond what is necessary intercompany profit rather than cred- to provide this Commission with the iting such deferred taxes to the appli- information required in §§ 32.1406 and cable accounts in paragraph (a) of this 32.7990. section. If the deferred income taxes are recorded as a reduction of the ap- (c) When a nonregulated activity propriate plant accounts, such reduc- does involve the joint or common use tion shall be treated as reducing the of assets and resources in the provision original cost of the plant and ac- of regulated and nonregulated products counted for as such. and services, carriers shall account for these activities within accounts pre- [51 FR 43499, Dec. 2, 1986, as amended at 59 scribed in this system for telephone FR 9418, Feb. 28, 1994] company operations. Assets and ex- § 32.23 Nonregulated activities. penses shall be subdivided in subsidiary records among amounts solely assign- (a) This section describes the accounting treatment of activities classi- able to nonregulated activities, fied for accounting purposes as ‘‘non- amounts solely assignable to regulated regulated.’’ Preemptively deregulated activities, and amounts related to as- activities and activities (other than in- sets and expenses incurred jointly or in cidental activities) never subject to common, which will be allocated be- regulation will be classified for ac- tween regulated and nonregulated accounting purposes as ‘‘nonregulated.’’ tivities. Carriers shall submit reports Activities that qualify for incidental identifying regulated and nonregulated treatment under the policies of this amounts in the manner and at the Commission will be classified for ac- times prescribed by this Commission. counting purposes as regulated activi- Nonregulated revenue items not quali- ties. Activities that have been deregu- fying for incidental treatment as pro- lated by a state will be classified for vided in § 32.4999(l) of this part, shall be accounting purposes as regulated ac- recorded in separate subsidiary record

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categories of Account 5280, Nonregu- § 32.27 Transactions with affiliates. lated operating revenue. Amounts assigned or allocated to regulated prod- (a) Unless otherwise approved by the ucts or services shall be subject to part Chief, Wireline Competition Bureau, 36 of this chapter. transactions with affiliates involving asset transfers into or out of the regu- [52 FR 6560, Mar. 4, 1987, as amended at 53 FR lated accounts shall be recorded by the 49322, Dec. 7, 1988; 59 FR 46930, Sept. 13, 1994; carrier in its regulated accounts as 64 FR 50007, Sept. 15, 1999] provided in paragraphs (b) through (f) § 32.24 Compensated absences. of this section. (b) Assets sold or transferred between (a) Companies shall record a liability a carrier and its affiliate pursuant to a and charge the appropriate expense ac- tariff, including a tariff filed with a counts for compensated absences (vaca- tions, sick leave, etc.) in the year in state commission, shall be recorded in which these benefits are earned by em- the appropriate revenue accounts at ployees. the tariffed rate. Non-tariffed assets (b) With respect to the liability that sold or transferred between a carrier exists for compensated absences which and its affiliate that qualify for pre- is not yet recorded on the books as of vailing price valuation, as defined in the effective date of this part, the li- paragraph (d) of this section, shall be ability shall be recorded in Account recorded at the prevailing price. For 4130. Other current liabilities, with a all other assets sold by or transferred corresponding entry to Account 1438, from a carrier to its affiliate, the as- Deferred maintenance, retirements and sets shall be recorded at no less than other deferred charges. This deferred the higher of fair market value and net charge shall be amortized on a book cost. For all other assets sold by straight-line basis over a period of ten or transferred to a carrier from its af- years. filiate, the assets shall be recorded at (c) Records shall be maintained so as no more than the lower of fair market to show that no more than ten percent value and net book cost. of the deferred charge is being amor- (1) Floor. When assets are sold by or tized each year. transferred from a carrier to an affiliate, the higher of fair market value [51 FR 43499, Dec. 2, 1986, as amended at 67 and net book cost establishes a floor, FR 5679, Feb. 6, 2002] below which the transaction cannot be § 32.25 Unusual items and contingent recorded. Carriers may record the liabilities. transaction at an amount equal to or Extraordinary items, prior period ad- greater than the floor, so long as that justments, and contingent liabilities action complies with the Communica- may be recorded in the company’s tions Act of 1934, as amended, Commis- books of account without prior Com- sion rules and orders, and is not other- mission approval. wise anti-competitive. (2) Ceiling. When assets are purchased [65 FR 16334, Mar. 28, 2000] from or transferred from an affiliate to a carrier, the lower of fair market § 32.26 Materiality. value and net book cost establishes a (a) Except as provided in paragraph ceiling, above which the transaction (b) of this section, companies may cannot be recorded. Carriers may abide by the materiality standards of record the transaction at an amount GAAP when implementing this system equal to or less than the ceiling, so of accounts. long as that action complies with the (b) For companies that receive High- Communications Act of 1934, as amend- Cost Loop Support, or Connect Amer- ed, Commission rules and orders, and is ica Fund Broadband Loop Support, ma- not otherwise anti-competitive. teriality shall be determined con- (3) Threshold. For purposes of this sistent with the general materiality section carriers are required to make a guidelines promulgated by the Audit- good faith determination of fair mar- ing Standards Board. ket value for an asset when the total [82 FR 20840, May 4, 2017] aggregate annual value of the asset(s)

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reaches or exceeds $500,000, per affil- establishes a ceiling, above which the iate. When a carrier reaches or exceeds transaction cannot be recorded. Car- the $500,000 threshold for a particular riers may record the transaction at an asset for the first time, the carrier amount equal to or less than the ceil- must perform the market valuation ing, so long as that action complies and value the transaction on a going- with the Communications Act of 1934, forward basis in accordance with the as amended, Commission rules and or- affiliate transactions rules on a going- ders, and is not otherwise anti-com- forward basis. When the total aggre- petitive. gate annual value of the asset(s) does (3) Threshold. For purposes of this not reach or exceed $500,000, the section, carriers are required to make a asset(s) shall be recorded at net book good faith determination of fair mar- cost. ket value for a service when the total (c) Services provided between a car- aggregate annual value of that service rier and its affiliate pursuant to a tar- reaches or exceeds $500,000, per affil- iff, including a tariff filed with a state iate. When a carrier reaches or exceeds commission, shall be recorded in the the $500,000 threshold for a particular appropriate revenue accounts at the service for the first time, the carrier tariffed rate. Non-tariffed services pro- must perform the market valuation vided between a carrier and its affiliate and value the transaction in accord- pursuant to publicly-filed agreements ance with the affiliate transactions submitted to a state commission pur- rules on a going-forward basis. All suant to section 252(e) of the Commu- services received by a carrier from its nications Act of 1934 or statements of affiliate(s) that exist solely to provide generally available terms pursuant to services to members of the carrier’s section 252(f) shall be recorded using corporate family shall be recorded at the charges appearing in such publicly- fully distributed cost. filed agreements or statements. Non- tariffed services provided between a (d) In order to qualify for prevailing carrier and its affiliate that qualify for price valuation in paragraphs (b) and prevailing price valuation, as defined (c) of this section, sales of a particular in paragraph (d) of this section, shall asset or service to third parties must be recorded at the prevailing price. For encompass greater than 25 percent of all other services sold by or transferred the total quantity of such product or from a carrier to its affiliate, the serv- service sold by an entity. Carriers shall ices shall be recorded at no less than apply this 25 percent threshold on an the higher of fair market value and asset-by-asset and service-by-service fully distributed cost. For all other basis, rather than on a product-line or services sold by or transferred to a car- service-line basis. In the case of trans- rier from its affiliate, the services shall actions for assets and services subject be recorded at no more than the lower to section 272, a BOC may record such of fair market value and fully distrib- transactions at prevailing price regard- uted cost. less of whether the 25 percent threshold (1) Floor. When services are sold by or has been satisfied. transferred from a carrier to an affil- (e) Income taxes shall be allocated iate, the higher of fair market value among the regulated activities of the and fully distributed cost establishes a carrier, its nonregulated divisions, and floor, below which the transaction can- members of an affiliated group. Under not be recorded. Carriers may record circumstances in which income taxes the transaction at an amount equal to are determined on a consolidated basis or greater than the floor, so long as by the carrier and other members of that action complies with the Commu- the affiliated group, the income tax ex- nications Act of 1934, as amended, Com- pense to be recorded by the carrier mission rules and orders, and is not shall be the same as would result if de- otherwise anti-competitive. termined for the carrier separately for (2) Ceiling. When services are pur- all time periods, except that the tax ef- chased from or transferred from an affect of carry-back and carry-forward filiate to a carrier, the lower of fair operating losses, investment tax cred- market value and fully distributed cost its, or other tax credits generated by

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operations of the carrier shall be re- § 32.103 Balance sheet accounts for corded by the carrier during the period other than regulated-fixed assets to in which applied in settlement of the be maintained. taxes otherwise attributable to any Balance sheet accounts to be main- member, or combination of members, tained by companies for other than of the affiliated group. regulated-fixed assets are indicated as (f) Companies that employ average follows: schedules in lieu of actual costs are exempt from the provisions of this sec- BALANCE SHEET ACCOUNTS tion. For other organizations, the principles set forth in this section shall Account title apply equally to corporations, propri- Current assets etorships, partnerships and other forms Cash and equivalents ...... 1120 of business organizations. Receivables ...... 1170 Allowance for doubtful accounts ...... 1171 [67 FR 5679, Feb. 6, 2002, as amended at 69 FR Supplies: 53648, Sept. 2, 2004] Material and supplies ...... 1220 Prepayments ...... 1280 Other current assets ...... 1350 Subpart C—Instructions for Noncurrent assets Balance Sheet Accounts Investments: Nonregulated investments ...... 1406 Other noncurrent assets ...... 1410 § 32.101 Structure of the balance sheet Deferred charges: accounts. Deferred maintenance, retirements and 1438 The Balance Sheet accounts shall be other deferred charges. Other: maintained as follows: Other jurisdictional assets-net ...... 1500 (a) Account 1120, Cash and equivalents, through Account 1500, Other jurisdictional assets—net, shall include [82 FR 20840, May 4, 2017] assets other than regulated-fixed as- § 32.1120 Cash and equivalents. sets. (b) Account 2001, Telecommuni- (a) This account shall include the cations plant in service, through Ac- amount of current funds available for count 2007, Goodwill, shall include the use on demand in the hands of financial regulated-fixed assets. officers and agents, deposited in banks (c) Account 3100, Accumulated depre- or other financial institutions and also ciation through Account 3400, Accumu- funds in transit for which agents have lated amortization—tangible, shall in- received credit. clude the asset reserves except that re- (b) This account shall include the serves related to certain asset accounts amount of cash on special deposit, will be included in the asset account. other than in sinking and other special (See §§ 32.2005, 32.2682 and 32.2690.) funds provided for elsewhere, to pay (d) Account 4000, Current accounts dividends, interest, and other debts, and notes payable, through Account when such payments are due one year 4550, Retained earnings, shall include or less from the date of deposit; the all liabilities and stockholders equity. amount of cash deposited to insure the performance of contracts to be per- [67 FR 5680, Feb. 6, 2002, as amended at 82 FR formed within one year from date of 20840, May 4, 2017] the deposit; and other cash deposits of § 32.102 Nonregulated investments. a special nature not provided for elsewhere. This account shall include the Nonregulated investments shall in- amount of cash deposited with trustees clude the investment in nonregulated to be held until mortgaged property activities that are conducted through sold, destroyed, or otherwise disposed the same legal entity as the telephone of is replaced, and also cash realized company operations, but do not involve from the sale of the company’s securi- the joint or common use of assets or ties and deposited with trustees to be resources in the provision of both regu- held until invested in physical property lated and nonregulated products and of the company or for disbursement services. See §§ 32.14 and 32.23. when the purposes for which the securi- [52 FR 6561, Mar. 4, 1987] ties were sold are accomplished.

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(c) Cash on special deposit to be held (c) Cost of demand or time notes, for more than one year from the date bills and drafts receivable, or other of deposit shall be included in Account similar evidences (except interest cou- 1410, Other noncurrent assets. pons) of money receivable on demand (d) This account shall include the or within a time not exceeding one amount of cash advanced to officers, year from date of issue. agents, employees, and others as petty (d) Amount of interest accrued to the cash or working funds from which ex- date of the balance sheet on bonds, penditures are to be made and ac- notes, and other commercial paper counted for. owned, on loans made, and the amount (e) This account shall include the of dividends receivable on stocks cost of current securities acquired for owned. the purpose of temporarily investing (e) This account shall not include cash, such as time drafts receivable dividends or other returns on securities and time loans, bankers’ acceptances, issued or assumed by the company and United States Treasury certificates, held by or for it, whether pledged as marketable securities, and other simi- collateral, or held in its treasury, in lar investments of a temporary char- special deposits, or in sinking and acter. other funds. (f) Accumulated changes in the net (f) Dividends received and receivable unrealized losses of current marketable from affiliated companies accounted equity securities shall be included in for on the equity method shall be in- the determination of net income in the cluded in Account 1410, Other noncur- period in which they occur in Account rent assets, as a reduction of the car- 7300, Other Nonoperating Income and rying value of the investment. (g) This account shall include all Expense. amounts currently due, and not pro- (g) Subsidiary record categories shall vided for in (a) through (g) of this sec- be maintained in order that the entity tion such as those for traffic settle- may separately report the amounts of ments, divisions of revenue, material temporary investments that relate to and supplies, matured rents, and inter- affiliates and nonaffiliates. Such sub- est receivable under monthly settle- sidiary record categories shall be re- ments on short-term loans, advances, ported as required by part 43 of this and open accounts. If any of these chapter. items are not to be paid currently, [67 FR 5681, Feb. 6, 2002] they shall be transferred to Account 1410, Other noncurrent assets. § 32.1170 Receivables. (h) Subsidiary record categories shall (a) This account shall include all be maintained in order that the entity amounts due from customers for serv- may separately report the amounts ices rendered or billed and from agents contained herein that relate to affili- and collectors authorized to make col- ates and nonaffiliates. Such subsidiary lections from customers. This account record categories shall be reported as shall also include all amounts due from required by part 43 of this chapter. customers or agents for products sold. [67 FR 5681, Feb. 6, 2002] This account shall be kept in such manner as will enable the company to § 32.1171 Allowance for doubtful ac- make the following analysis: counts. (1) Amounts due from customers who (a) This account shall be credited are receiving telecommunications serv- with amounts charged to Accounts ice. 5300, Uncollectible revenue, and 6790, (2) Amounts due from customers who Provision for uncollectible notes re- are not receiving service and whose ac- ceivable to provide for uncollectible counts are in process of collection. amounts related to accounts receivable (b) Collections in excess of amounts and notes receivable included in Ac- charged to this account may be cred- count 1170, Receivables. There shall ited to and carried in this account also be credited to this account until applied against charges for serv- amounts collected which previously ices rendered or until refunded. had been written off through charges

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to this account and credits to Account (b) These subaccounts shall not in- 1170. There shall be charged to this ac- clude items which are related to a non- count any amounts covered thereby regulated activity unless that activity which have been found to be impracti- involves joint or common use of assets cable of collection. and resources in the provision of regu- (b) If no such allowance is main- lated and nonregulated products and tained, uncollectible amounts shall be services. charged directly to Account 5300, (c) 1220.1 Material and supplies. This Uncollectible revenue or directly to subaccount shall include cost of mate- Account 6790, Provision for rial and supplies held in stock includ- uncollectible notes receivable, as ap- ing plant supplies, motor vehicles sup- propriate. plies, tools, fuel, other supplies and (c) Subsidiary record categories shall material and articles of the company be maintained in order that the entity in process of manufacture for supply may separately report the amounts stock. (Note also § 32.2000(c)(2)(iii) of contained herein that relate to affili- this subpart.) ates and nonaffiliates. Such subsidiary (d) Transportation charges and sales record categories shall be reported as and use taxes, so far as practicable, required by part 43 of this chapter. shall be included as a part of the cost of the particular material to which [67 FR 5682, Feb. 6, 2002] they relate. Transportation and sales § 32.1191 Accounts receivable allow- and use taxes which are not included as ance—other. part of the cost of particular material shall be equitably apportioned among (a) This account shall be credited the detail accounts to which material with amounts charged to Account 5302, is charged. Uncollectible Revenue—Other to pro- (e) So far as practicable, cash and vide for uncollectible amounts included other discount on material shall be de- in Account 1190, Other Accounts Re- ducted in determining cost of the par- ceivable. There shall also be credited ticular material to which they relate to this account amounts collected or credited to the account to which the which previously had been written off material is charged. When such deduc- through charges to this account and tion is not practicable, discounts shall credits to Account 1190. There shall be be equitably apportioned among the de- charged to this account any amounts tail accounts to which material is covered thereby which have been found charged. to be impracticable of collection. (f) Material recovered in connection (b) If no such allowance is main- with construction, maintenance or retained, uncollectible amounts shall be tirement of property shall be charged charged directly to Account 5302, to this account as follows: Uncollectible Revenue—Other. (1) Reusable items that, when in- (c) Subsidiary record categories shall stalled or in service, were retirement be maintained in order that the entity units shall be included in this account may separately report the amounts at the original cost, estimated if not contained herein that relate to affili- known. (Note also § 32.2000(d)(3) of this ates and nonaffiliates. Such subsidiary subpart.) record categories shall be reported as (2) Reusable minor items that, when required by part 43 of this Commis- installed or in service, were not retire- sion’s Rules and Regulations. ment units shall be included in this ac- § 32.1220 Inventories. count at current prices new. (3) The cost of repairing reusable ma- (a) This account shall include the terial shall be charged to the appro- cost of materials and supplies held in priate account in the Plant Specific stock and inventories of goods held for Operations Expense accounts. resale or lease. The investment in in- (4) Scrap and nonusable material inventories shall be maintained in the cluded in this account shall be carried following subaccounts: at the estimated amount which will be 1220.1 Material and supplies received therefor. The difference be- 1220.2 Property held for sale or lease tween the amounts realized for scrap

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and nonusable material sold and the tion and minor amounts which may be amounts at which it is carried in this charged directly to the final accounts. account, so far as practicable, shall be As the term expires for which the pre- adjusted in the accounts credited when miums are paid, this account shall be the material was taken up in this accredited monthly and the appropriate count. account charged. (g) Interest paid on material bills, (d) The cost of preparing, printing, the payments of which are delayed, binding, and delivering directories and shall be charged to Account 7500, Inter- the cost of soliciting advertisements est and related items. for directories, except minor amounts (h) Inventories of material and sup- which may be charged directly to Ac- plies shall be taken periodically or fre- count 6622, Number services. These pre- quently enough for reporting purposes, paid directory expenses shall be cleared as appropriate, in accordance with gen- to Account 6622 by monthly charges erally accepted accounting principles. representing that portion of the ex- The adjustments to this account shall penses applicable to each month. be charged or credited to Account 6512, (e) Other prepayments not included Provisioning expense. in paragraphs (a) through (d) of this (i) 1220.2 Property held for sale or section except for minor amounts lease. This subaccount shall include which may be charged directly to the the cost of all items purchased for re- final accounts. As the term expires for sale or lease. The cost shall include ap- which the payments apply, this ac- plicable transportation charges, sales count shall be credited monthly and and use taxes, and cash and other pur- the appropriate account charged. chase discounts. Inventory shortage [67 FR 5682, Feb. 6, 2002, as amended at 69 FR and overage shall be charged and cred- 53648, Sept. 2, 2004] ited, respectively, to Account 5280, Nonregulated operating revenue. § 32.1350 Other current assets. [52 FR 39534, Oct. 22, 1987, as amended at 53 This account shall include the FR 49322, Dec. 7, 1988; 67 FR 5682, Feb. 6, 2002] amount of all current assets which are not includable in Accounts 1120 § 32.1280 Prepayments. through 1280. This account shall include: [67 FR 5682, Feb. 6, 2002] (a) The amounts of rents paid in advance of the period in which they are § 32.1406 Nonregulated investments. chargeable to income, except amounts chargeable to telecommunications This account shall include the car- plant under construction and minor rier’s investment in nonregulated ac- amounts which may be charged di- tivities accounted for in a separate set rectly to the final accounts. As the of books as provided in § 32.23(b). term expires for which the rents are [52 FR 6561, Mar. 4, 1987; 52 FR 39535, Oct. 22, paid, this account shall be credited 1987, as amended as 67 FR 5682, Feb. 6, 2002] monthly and the appropriate account charged. § 32.1410 Other noncurrent assets. (b) The balance of all taxes, other (a) This account shall include the ac- than amounts chargeable to tele- quisition cost of the company’s invest- communication plant under construc- ment in equity or other securities tion and minor amounts which may be issued or assumed by affiliated compa- charged to the final accounts, paid in nies, including securities held in spe- advance and which are chargeable to cial funds (sinking funds). The carrying income within one year. As the term value of the investment (securities) ac- expires for which the taxes are paid, counted for on the equity method shall this account shall be credited monthly be adjusted to recognize the company’s and the appropriate account charged. share of the earnings or losses and divi- (c) The amount of insurance pre- dends received or receivable of the af- miums paid in advance of the period in filiated company from the date of ac- which they are chargeable to income, quisition. (Note also Account 1170, Re- except premiums chargeable to tele- ceivables, and Account 7300, Nonop- communications plant under construc- erating income and expense.)

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(b) This account shall include the ac- be kept for each sinking fund which quisition cost of the Company’s invest- shall designate the obligation in sup- ment in securities issued or assumed port of which the fund was created. by nonaffiliated companies and individ- (i) This account shall include the uals, and also its investment advances amount of all noncurrent assets which to such parties and special deposits of are not includable in paragraphs (a) cash for more than one year from date through (h) of this section. of deposit. (j) A subsidiary record shall be kept (c) Declines in value of investments, identifying separately common stocks, including those accounted for under preferred stocks, long-term debt, ad- the cost method, shall be charged to vances to affiliates, and investment ad- Account 4540, Other capital, if tem- vances. A subsidiary record shall also porary and as a current period loss if be kept identifying special deposits of permanent. Detail records shall be cash for more than one year from the maintained to reflect unrealized losses date of deposit. Further, the company’s for each investment. record shall identify the securities (d) This account shall also include pledged as collateral for any of the advances represented by book accounts company’s long-term debt or short- only with respect to which it is agreed term loans or to secure performance of or intended that they shall be either contracts. settled by issuance of capital stock or (k) Subsidiary record categories shall debt; or shall not be subject to current be maintained in order that the entity cost settlement. may separately report the amounts (e) Amounts due from affiliated and contained herein that relate to the eq- nonaffiliated companies which are sub- uity method and the cost method. Such ject to current settlement shall be in- subsidiary record categories shall be cluded in Account 1170, Receivables. reported as required by part 43 of this (f) This account shall include the chapter. total unamortized balance of debt (l) This account shall include prop- issuance expense for all classes of out- erty subject to a lessee operating lease standing long-term debt. Amounts in- longer than one year. cluded in this account shall be amor- (1) An operating lease is a contract, tized monthly and charged to account or part of a contract, that conveys the 7500, Interest and related items. right to control the use of identified (g) Debt Issuance expense includes all property, plant and equipment (an expenses in connection with the identified asset) for a period of time in issuance and sale of evidence of debt, exchange for consideration. such as fees for drafting mortgages and (2) The amounts recorded in this ac- trust deeds; fees and taxes for issuing count at the inception of an operating or recording evidences of debt; costs of lease shall be equal to the present engraving and printing bonds, certifi- value not to exceed fair value, at the cates of indebtedness, and other com- beginning of the lease term, of min- mercial paper; fees paid trustees; spe- imum lease payments during the lease cific costs of obtaining governmental term, excluding that portion of the authority; fees for legal services; fees payments representing executory costs and commissions paid underwriters, to be paid by the lessor, together with brokers, and salesmen; fees and ex- any profit thereon. Amounts subject to penses of listing on exchanges, and current treatment shall be included in other like costs. A subsidiary record Account 1350, Other current assets. shall be kept of each issue outstanding. (3) Any balance in this account relat- (h) This account shall include the ing to capitalized operating leases amount of cash and other assets which shall be excluded in any ratemaking are held by trustees or by the com- calculations. pany’s treasurer in a distinct fund, for (m) This account shall include the the purpose of redeeming outstanding amount of lessor receivables from an obligations. Interest or other income operating lease longer than one year. arising from funds carried in this ac- (1) The amount recorded in this account shall generally be charged to count at the inception of an operating this account. A subsidiary record shall lease shall be equal to the present

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value not to exceed fair value, at the with the acquisition or sale of prop- beginning of the lease term, of min- erty. If the property is subsequently imum lease payments during the lease acquired, the preliminary costs shall be term, excluding that portion of the accounted for as a part of the cost of payments representing executory costs acquisition, or if it is sold, such costs to be paid by the lessee, together with shall be deducted from the sale price in any profit thereon. Amounts subject to accounting for the property sold. If current settlement shall be included in purchases or sales are abandoned, the Account 1350, Other current assets. preliminary costs included herein (in- (2) Any balance in this account relat- cluding options paid, if any) shall be ing to receivables associated with cap- charged to Account 7300. italized operating leases shall be ex- (b) Charges provided for in paragraph cluded in any ratemaking calculations. (a) of this section shall be included in this account only upon direction or ap- [67 FR 5682, Feb. 6, 2002, as amended at 84 FR 4729, Feb. 19, 2019] proval from this Commission. However, the company’s application to this Com- § 32.1438 Deferred maintenance and mission for such approval shall give retirements. full particulars concerning the prop- (a) This account shall include such erty retired, the extensive replace- items as: ments, the amount chargeable to oper- (1) The unprovided-for loss in service ating expenses and the period over value of telecommunications plant for which in its judgment the amount of extraordinary nonrecurring retirement such charges should be distributed. not considered in depreciation and the [51 FR 43499, Dec. 2, 1986, as amended at 67 cost of extensive replacements of plant FR 5683, Feb. 6, 2002] normally chargeable to the current period Plant Specific Operations Expense § 32.1500 Other jurisdictional assets— accounts. These charges shall be in- net. cluded in this account only upon direc- This account shall include the cumu- tion or approval from this Commission. lative impact on assets of jurisdic- However, the company’s application to tional ratemaking practices which this Commission for such approval vary from those of this Commission. shall give full particulars concerning All entries recorded in this account the property retired, the extensive re- shall be recorded net of any applicable placements, the amount chargeable to income tax effects and shall be sup- operating expenses and the period over ported by subsidiary records where nec- which in its judgment the amount of essary as provided for in § 32.13(e) of such charges should be distributed. subpart B. (2) Unaudited amounts and other debit balances in suspense that cannot § 32.2000 Instructions for tele- be cleared and disposed of until addi- communications plant accounts. tional information is received; the (a) Purpose of telecommunications plant amount, pending determination of loss, accounts. (1) The telecommunications of funds on deposit with banks which plant accounts (2001 to 2007 inclusive) have failed; revenue, expense, and in- are designed to show the investment in come items held in suspense; amounts the company’s tangible and intangible paid for options pending final disposi- telecommunications plant which ordi- tion. narily has a service life of more than (3) Cost of preliminary surveys, one year, including such plant whether plans, investigation, etc., made for con- used by the company or others in pro- struction projects under contempla- viding telecommunications service. tion. If the projects are carried out, the (2) The telecommunications plant ac- preliminary costs shall be included in counts shall not include the cost or the cost of the plant constructed. If the other value of telecommunications projects are abandoned, the prelimi- plant contributed to the company. Con- nary costs shall be charged to Account tributions in the form of money or its 7300, Nonoperating income and expense. equivalent toward the construction of (4) Cost of evaluations, inventories, telecommunications plant shall be and appraisals taken in connection credited to the accounts charged with

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the cost of such construction. Amounts other than money exchanged) for the of non-recurring reimbursements based property (together with preliminary on the cost of plant or equipment fur- expenses incurred in connection the ac- nished in rendering service to a cus- quisition) shall be charged to Account tomer shall be credited to the accounts 1438, Deferred maintenance, retire- charged with the cost of the plant or ments, and other deferred charges. equipment. Amounts received for con- (ii) The original cost, estimated if struction which are ultimately to be not known, of telecommunications repaid wholly or in part, shall be cred- plant, governmental franchises and ited to Account 4300, Other long-term other similar rights acquired shall be liabilities and deferred credits; when charged to the applicable tele- final determination has been made as communications plant accounts, Tele- to the amount to be returned, any communications Plant Under Con- unrefunded amounts shall be credited struction, and Property Held For Fu- to the accounts charged with the cost ture Telecommunications Use, as ap- of such construction. Amounts received propriate, and credited to Account 1439. for the construction of plant, the own- When the actual original cost cannot ership of which rests with or will re- be determined and estimates are used, vert to others, shall be credited to the the company shall be prepared to fur- accounts charged with the cost of such nish the Commission with the particu- construction. (Note also Account 7100, lars of such estimates. Other operating income and expense.) (iii) Accumulated Depreciation and (3) When telecommunications plant amortization balances related to plant ordinarily having a service life of more acquired shall be credited to Account than one year is installed for tem- 3100, Accumulated depreciation, or Ac- porary use in providing telecommuni- count 3200, Accumulated depreciation— cations service, it shall be accounted held for future telecommunications for in the same manner as plant having use, or Account 3400, Accumulated am- a service life of more than one year. ortization—tangible and debited to Ac- This includes temporary installations count 1438. Accumulated amortization of plant (such as poles, wire and cable) balances related to plant acquired installed to maintain service during which ultimately is recorded in Ac- the progress of highway reconstruction counts 2005, Telecommunications plant or during interruptions due to storms adjustment, Account 2682, Leasehold or other casualties, equipment used for improvements, or Account 2690, Intan- the training of operators, equipment gibles shall be credited to these asset used to provide intercepting positions accounts, and debited to Account 1438. in central offices to handle traffic for a (iv) Any amount remaining in Ac- short period following extensive sys- count 1438, applicable to the plant ac- tem changes and similar installations quired, shall, upon completion of the of property used to provide tele- entries provided in paragraphs (b)(2)(i) communications service. through (b)(2)(iii) of this section, be (4) [Reserved] debited or credited, as applicable, to (b) Telecommunications plant acquired. Account 2007, Goodwill, or to Account (1) Property, plant and equipment ac- 2005, Telecommunications plant adjust- quired from an entity, whether or not ment, as appropriate. affiliated with the accounting com- (3) A memorandum record shall be pany, shall be accounted for at original kept showing the amount of contribu- cost, except that property, plant and tions in aid of construction applicable equipment acquired from a non- to the property acquired as shown by affiliated entity through an acquisition the accounts of the previous owner. or merger may be accounted for at (c) Cost of construction. (1) Tele- market value at the time of the acqui- communications plant represents an sition or merger. economic resource which will be used (2) The accounting for property, to provide future services, the cost of plant and equipment to be recorded at which will be allocated in a rational original cost shall be as follows: and systematic manner to the future (i) The amount of money paid (or cur- periods in which it provides benefits. In rent money value of any consideration accounting for construction costs, the

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utility shall charge to the tele- work performed by affiliated compa- communications plant accounts, where nies and other details relating thereto applicable, all direct and indirect shall be available from the work in costs. progress and supporting records. (2) Direct and indirect costs shall in- (vi) ‘‘Protection’’ includes the cost of clude, but not be limited to: protecting the company’s property (i) ‘‘Labor’’ includes the wages and from fire or other casualties and the expenses of employees directly engaged cost of preventing damages to others or in or in direct charge of construction the property of others. work. It includes expenses directly re- (vii) ‘‘Privileges, Permits, and Rights lated to an employee’s wages, such as of way’’ includes such costs incurred in worker’s compensation insurance, pay- obtaining these privileges, permits, or roll taxes, benefits and other similar rights of way in connection with con- items of expense. struction work, such as for use of pri- (ii) ‘‘Engineering’’ includes the por- vate property, streets or highways. The tion of the wages and expenses of engi- cost of such privileges and permits neers, draftsmen, inspectors, and their shall be included in the cost of the direct supervision applicable to con- work for which the privileges or per- struction work. It includes expenses di- mits are obtained, except for costs in- rectly related to an employee’s wages, cludable in Account 2111, Land, and Ac- such as worker’s compensation insur- count 2690, Intangibles. ance, payroll taxes, benefits and other (viii) ‘‘Taxes’’ includes taxes properly similar items of expense. includable in construction costs before (iii) ‘‘Material and supplies’’ includes the facilities are completed for service, the purchase price of material used at which taxes are assessed separately the point of free delivery plus the costs from taxes on operating property or of inspection, loading and transpor- under conditions that permit separate tation, and an equitable portion of pro- identification of the amount charge- visioning expense. In determining the able to construction. cost of material used, proper allowance (ix) ‘‘Special machine service’’ in- shall be made for unused material, for cludes the cost of labor expended, ma- material recovered from temporary terials and supplies consumed and structures used in performing the work other expenses incurred in the mainte- involved, and for discounts allowed and nance, operation and use of special and realized in the purchase of material. other labor saving machines (other This item does not include construc- than transportation equipment (such tion material that is stolen or rendered as trenching equipment, cable plows unusable due to vandalism. Such mate- and pole setting trucks. Also included rial should be charged to the applicable are expenditures for rental, mainte- plant specific operations expense ac- nance and operation of such machines counts. owned by others. When a construction (iv) ‘‘Transportation’’ includes the job requires the purchase of special cost of transporting employees, mate- machines, the cost thereof, less the ap- rial and supplies, tools and other work praised or salvage value at the time of equipment to and from the physical release from the job, shall be included construction location. It includes in the cost of construction. amounts paid therefor to other compa- (x) Allowance for funds used during nies or individuals and the cost of construction (‘‘AFUDC’’) provides for using the company’s own motor vehi- the cost of financing the construction cles or other transportation equip- of telecommunications plant. AFUDC ment. shall be charged to Account 2003, Tele- (v) ‘‘Contract work’’ includes communications plant under construc- amounts paid for work performed tion, and credited to Account 7300, under contract or other agreement by Nonoperating income and expense. The other companies, firms or individuals; rate for calculating AFUDC shall be de- engineering and supervision applicable termined in accordance with GAAP to such work; cost incident to the when implementing this system of ac- award of contracts; and the inspection counts. The amount of interest cost of such work. The cost of construction capitalized in an accounting period

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shall not exceed the total amount of graph (d)(2)(ii) of this section). Nor- interest cost incurred by the company mally, these retirement credits with in that period. respect to such plant as entire build- (xi) ‘‘Insurance’’ includes premiums ings, entire central offices, all plant paid specifically for protection against abandoned and any large sections of loss and damage in connection with the plant withdrawn from service, shall be construction of telecommunications entered in the accounts for the month plant due to fire or other casualty, in- in which use of the property ceased. jury to or death of employees or oth- For any other plant withdrawn from ers, damages to property of others, de- service, the retirement credits shall be falcations of employees and agents and entered no later than the next suc- the non-performance of contractual ob- ceeding month. Literal compliance ligations of others. with the provision for timing of entries (xii) ‘‘Construction services’’ include with respect to property amounting to the cost of telephone, electricity, less than $50,000 retired under any one power, construction quarters, office project is not required if an unreason- space and equipment directly related able amount of recordkeeping and esti- to the construction project. mating of quantities, original costs and (xiii) ‘‘Indirect construction costs’’ salvage is necessary. The retirement shall include indirect costs such as entry shall refer to the continuing general engineering, supervision and property record, or records supple- support. Such costs, in addition to di- mental thereto, from which the cost rect supervision, shall include indirect was obtained (note also paragraph plant operations and engineering su- (d)(3) of this section). Every company pervision up to, but not including, su- shall establish procedures which will pervision by executive officers whose ensure compliance with these require- pay and expenses are chargeable to Ac- ments. count 6720, General and administrative. (2) To avoid undue refinement, depre- The records supporting the entries for ciable telecommunications plant shall indirect construction costs shall be be accounted for as follows: kept so as to show the nature of the ex- (i) Retirement units: This group in- penditures, the individual jobs and ac- cludes major items of property, a rep- counts charged, and the bases of the resentative list of which shall be pre- distribution. The amounts charged to scribed by this Commission. In lieu of each plant account for indirect costs the retirement units prescribed with shall be readily determinable. The in- respect to a particular account, a com- structions contained herein shall not pany may, after obtaining specific ap- be interpreted as permitting the addi- proval by this Commission, establish tion to plant of amounts to cover indi- and maintain its own list of retirement rect costs based on arbitrary alloca- units for a portion or all of the plant in tions. any such account. For items included (xiv) The cost of construction shall on the retirement units list, the origi- not include any amounts classifiable as nal cost of any such items retired shall Corporate Operations Expense. be credited to the plant account and (d) Telecommunications plant retired. charged to Account 3100 Accumulated (1) Telecommunications plant accounts Depreciation, whether or not replaced. shall at all times disclose the original The original cost of retirement units cost of all property in service. When installed in place of property retired any item of property subject to plant shall be charged to the applicable tele- retirement accounting is worn out, communications plant account. lost, sold, destroyed, abandoned, sur- (ii) Minor items: This group includes rendered upon lapse of title, becomes any part or element of plant which is permanently unserviceable, is with- not designated as a retirement unit. drawn or for any other reason is retired The original cost of a minor item of from service, the plant accounts appli- property when included in the specific cable to that item shall be credited or average cost for a retirement unit or with the original cost of the plant re- units requires no separate credit to the tired whether replaced or not (except telecommunications plant account as provided for minor items in para- when such a minor item is retired. The

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cost of replacement shall be charged to for sale, the cost shall be charged to the account applicable for the cost of Account 2006, Nonoperating plant. repairs of the property. However, if the (5) When the telecommunications replacement effects a substantial bet- plant is sold together with traffic asso- terment (the primary aim of which is ciated therewith, the original cost of to make the property affected more the property shall be credited to the useful, of greater durability, of greater applicable plant accounts and the esti- capacity or more economical in oper- mated amounts carried with respect ation), the excess cost of such a re- thereto in the accumulated deprecia- placement, over the estimated cost at tion and amortization accounts shall the then current prices of replacement be charged to such accumulated ac- without betterment of the minor items counts. The difference, if any, between being retired, shall be charged to the the net amount of such debit and credit applicable telecommunications plant items and the consideration received account. (less commissions and other expenses (3) The cost of property to be retired shall be the amount at which property of making the sale) for the property is included in the telecommunications shall be included in Account 7300, Non- plant accounts. However, when it is im- operating income and expense. The ac- practicable to determine the cost of counting for depreciable telecommuni- each item due to the relatively large cations plant sold without the traffic number or small cost of such items, the associated therewith shall be in accord- average cost of all the items covered by ance with the accounting provided in an appropriate subdivision of the ac- § 32.3100(c). count shall be used in determining the (e) Basic property records. (1) The cost to be assigned to such items when basic property records are that portion retired. The method used in deter- of the total property accounting sys- mining average cost must give due re- tem which preserves the following de- gard to the quantity, vintage, size and tailed information: kind of items, the area in which they (i) The identity, vintage, location were installed and their classification and original cost of units of property; in other respects. Average cost may be (ii) Original and ongoing trans- applied in retirement of such items as actional data (plant account activity) poles, wire, cable, cable terminals, con- in terms of such units; and duit and booths. Any company may use (iii) Any other specific financial and average cost of property installed in a cost accounting information not prop- year or band of years as approved by erly warranting separate disclosure as the Commission. It should be under- an account or subaccount but which is stood, however, that the use of average needed to support regulatory, cost, tax, costs shall not relieve the company of management and other specific ac- the requirement for maintaining its counting information needs and re- continuing property records to show, quirements. where practicable, dates of installation and removal for purposes of mortality (2) The basic property records must studies. (See § 32.2000(f) of this subpart, be: (i) Subject to internal accounting Standard Practices for Establishing controls, (ii) auditable, (iii) equal in and Maintaining Continuing Property the aggregate to the total investment Records.) reflected in the financial property con- (4) The accounting for the retirement trol accounts as well as the total of the of property, plant and equipment shall cost allocations supporting the deter- be as provided above except that mination of cost-of-service at any par- amounts in Account 2111, Land, and ticular point in time, and (iv) main- amounts for works of art recorded in tained throughout the life of the prop- Account 2122, Furniture, shall be treat- erty. ed at disposition as a gain or loss and (3) The basic property records shall shall be credited or debited to Account consist of (i) continuing property 7100, Other operating income and ex- records and (ii) records supplemental pense, as applicable. If land or artwork thereto which together reveal clearly, is retained by the company and held by accounting area, the detailed and

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systematically summarized informa- (7) The basic property record compo- tion necessary to meet fully the re- nents (see paragraph (c) of this section) quirements of paragraphs (e)(1) and shall be arranged in conformity with (e)(2) of this section. the regulated plant accounts prescribed (4) Companies shall establish and in this section of accounts as follows: maintain basic property records for (i) The continuing property records each class of property recorded in the shall be compiled on the basis of origi- several plant accounts which comprise nal cost (or other book cost consistent the balance sheet Account 2001, Tele- with this system of accounts). The con- communications Plant In Service, Ac- tinuing property records shall be main- count 2002, Property Held for Future tained as prescribed in § 32.2000(f)(2)(iii) Telecommunications Use, and Account of this subpart in such manner as will 2006, Nonoperating Plant. meet the following basic objectives: (5) The company shall notify the (A) Provide for the verification of Commission of a plan for the basic property record units by physical ex- property record as follows: amination. (i) Not later than June 30 of the year (B) Provide for accurate accounting following that in which it becomes sub- for retirements. ject to this system of accounts, the (C) Provide data for use in connec- company shall file with the Commis- tion with depreciation studies. (ii) The records supplemental to the sion two (2) copies of a complete plan continuing property records shall dis- of the method to be used in the com- close such service designations, usage pilation of a basic property record with measurement criteria, apportionment respect to each class of property. The factors, or other data as may be pre- plan shall include a list of proposed ac- scribed by the Commission in this part counting areas accompanied by de- or other parts of its Rules and Regula- scription of the boundaries of each area tions. Such data are subject to the as defined in accordance with the re- same general controls and standards quirements of § 32.2000(f)(1) (i) and (ii) for auditability and support as are all of this subpart. The plan shall also in- other elements of the basic property clude a list of property record units records. proposed for use under each regulated (8) Notwithstanding any other provi- plant account. These property record sion of this part concerning continuing units shall be selected such that the re- property records, carriers subject to quirements of § 32.2000(f)(2) (i), (ii) and price cap regulations set forth in part (iii) of this subpart can be satisfied. 61 of this chapter shall maintain prop- (ii) The company shall submit to the erty records necessary to track sub- Commission one copy of any major pro- stantial assets and investments in an posed changes in its basic property accurate, auditable manner that en- record plan at least 30 days before the ables them to verify their accounting effective date of the proposed changes. books, make such property information (6) The company shall prepare and available to the Commission upon re- maintain the basic property record as quest, and ensure the maintenance of follows: such data. (i) Not later than June 30 of the year (f) Standard practices for establishing following that in which the company and maintaining continuing property becomes subject to this system of ac- records—(1) Accounting area. (i) The counts, begin the preparation of a basic continuing property record, as related property record. to each primary plant account, shall be (ii) Complete within two years of the established and maintained by sub- prescribed beginning date, basic prop- accounts for each accounting area. An erty records for all property as of the accounting area is the smallest terri- end of the preceding calendar year. tory of the company for which account- (iii) Promptly process in the basic ing records of investment are main- property records all property changes tained for all plant accounts within the affecting periods subsequent to initial area. Areas already established for ad- establishment of the basic property ministrative, accounting, valuation, or record. other purposes may be adopted for this

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purpose when appropriate. In no case underlying records of construction shall the boundaries of accounting costs shall be so maintained that, upon areas cross either State lines or bound- retirement of one or more retirement aries prescribed by the Commission. units or of minor items without re- (ii) In determining the limit of each placement when not included in the area, consideration shall be given to costs of retirement units, the actual the quantities of property, construc- cost or a reasonably accurate estimate tion conditions, operating districts, of the cost of the plant retired can be county and township lines, taxing dis- determined. trict boundaries, city limits, and other (3) Methods of determining original cost political or geographical limits, in of property record units. The original order that the area adopted may have cost of the property record units shall maximum adaptability, within the con- be determined by analyses of the con- fines of practicability, for both the struction costs incurred as shown by company’s purpose and those of Fed- completion reports and other data, ac- eral, State, and municipal authorities. cumulated in the respective construc- (2) Property record units. (i) In each of tion work orders or authorizations. the established accounting areas, the Costs shall be allocated to and associ- ‘‘property record units’’ which are to ated with the property record units to be maintained in the continuing prop- facilitate accounting for retirements. erty record shall be set forth sepa- The original cost of property record rately, classified by size and type with units shall be determined by unit iden- the amount of original cost (or other tification or averaging as described in appropriate book cost) associated with paragraphs (f)(3) (i) and (ii) of this sec- such units. When a list of property tion. record units has been accepted by the (i) Unit identification. Cost shall be Commission, they shall become the identified and maintained by specific units referred to in this statement of location for property record units con- standard practices. Such units shall tained within certain regulated plant apply to only the regulated portion of accounts or account groupings such as this system of accounts. Land, Buildings, Central Office Assets, (ii) When it is found necessary to re- Motor Vehicles, garage work equip- vise this list because of the addition of ment included in Account 2114, Tools units used in providing new types of and other work equipment, and Fur- service, or new units resulting from niture. In addition, units involved in improvements in technology, or be- any unusual or special type of con- cause of the grouping or elimination of struction shall be recorded by their units which no longer merit separate specific location costs (note also recognition as property record units, § 32.2000(f)(3)(ii)(B)). one copy of such changes shall be sub- (ii) Averaging. (A) Average costs may mitted to the Commission. Upon appro- be developed for plant consisting of a priate showing by the company, the large number of similar units such as Commission may specifically exempt terminal equipment, poles, wire, cable, the company from these filing require- cable terminals, conduit, furniture, and ments. work equipment. Units of similar size (iii) The continuing property record and type within each specified account- shall reveal the description, location, ing area and regulated plant account date of placement, the essential details may be grouped. Each such average of construction, and the original cost cost shall be set forth in the con- (note also paragraph (f)(3) of this sec- tinuing property record of the units tion) of the property record units. The with which it is associated. continuing property records shall be (B) The averaging of costs permitted compiled on the basis of original cost under the provisions of the foregoing (or other book cost consistent with paragraph is restricted to plant in- this system of accounts) and main- stalled in a particular vintage or band tained in such manner as will provide of years incurred within an accounting for the verification of property record area. This paragraph does not permit units by physical examination. The the inclusion of the cost of units in- continuing property record and other volved in any unusual or special type

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of construction. The units involved in drawings, computations, and other de- such unusual or special type of con- tailed records which support quantities struction shall be recorded at cost by and costs or estimated costs shall be location. retained as a part of or in support of (4) Estimates. In cases where the ac- the continuing property record. tual original cost of property cannot be (9) Jointly owned property. (i) With re- ascertained, such as pricing an inven- spect to jointly owned property, there tory for the initial entry of a con- shall be shown in the continuing prop- tinuing property record or the pricing erty record or records supplemental of an acquisition for which a con- thereto: tinuing property record has not been (A) The identity of all joint owners. maintained, the original cost may be (B) The percentage owned by the ac- estimated. Any estimated original cost shall be consistent with the accounting counting company. practices in effect at the time the prop- (ii) When regulated plant is con- erty was constructed. structed under arrangements for joint (5) Identification of property record ownership, the amount received by the units. There shall be shown in the con- constructing company from the other tinuing property record or in record joint owner or owners shall be credited supplements thereof, a complete de- as a reduction of the gross cost of the scription of the property records units plant in place. in such detail as to identify such units. (iii) When a sale of a part interest in The description shall include the iden- regulated plant is made, the fractional tification of the work order under interest sold shall be treated as a re- which constructed, the year of installa- tirement and the amount received shall tion (unless not determinable per be treated as salvage. The continuing § 32.2000(f)(4) of this subpart, specific lo- property record or records supple- cation of the property within each ac- mental thereto shall be so maintained counting area in such manner that it as to identify separately retirements of can be readily spot-checked for proof of this nature from physical retirements physical existence, the accounting of jointly owned plant. company’s number or designation, and (iv) If jointly owned regulated prop- any other description used in connec- erty is substantial in relation to the tion with the determination of the total of the same kind of regulated original cost. Descriptions of units of property owned wholly by the com- similar size and type shall follow pre- pany, such jointly owned regulated scribed groupings. property shall be appropriately seg- (6) Reinstalled units. When units to regated in the continuing property which average costs are not applied, record. i.e., specific and fixed location units, (g) Depreciation accounting—(1) Com- are removed or retired and subsequently reinstalled, the date when the putation of depreciation rates. (i) Unless unit was first charged to the appro- otherwise provided by the Commission, priate plant account shall, when re- either through prior approval or upon quired for adequate service life studies prescription by the Commission, depre- and reasonably accurate retirement ac- ciation percentage rates shall be com- counting, be shown in addition to the puted in conformity with a group plan date of reinstallation. of accounting for depreciation and (7) Age and service life of property. The shall be such that the loss in service continuing property record shall dis- value of the property, except for losses close the age of existing property and excluded under the definition of depre- the supporting records shall disclose ciation, may be distributed under the the service life of property retired. Ex- straight-line method during the service ceptions from this requirement for any life of the property. property record unit shall be submitted (ii) In the event any composite per- to the Commission for approval. centage rate becomes no longer appli- (8) Reference to sources of information. cable, revised composite percentage There shall be shown by appropriate rates shall be computed in accordance reference the source of all entries. All with paragraph (g)(1)(i) of this section.

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(iii) The company shall keep such such amounts shall be applied sepa- records of property and property retire- rately or in combination with rates de- ments as will allow the determination termined in accordance with paragraph of the service life of property which has (g)(2)(ii) of this section. been retired, or facilitate the deter- (3) Acquired depreciable plant. When mination of service life indications by acquired depreciable plant carried in mortality, turnover, or other appro- Account 1438, Deferred maintenance, priate methods. Such records will also retirements and other deferred charges, allow the determination of the percent- is distributed to the appropriate plant age of salvage value and cost of re- accounts, adjusting entries shall be moval for property retired from each made covering the depreciation class of depreciable plant. charges applicable to such plant for the (2) Depreciation charges. (i) A separate period during which it was carried in annual percentage rate for each depre- Account 1438. ciation category of telecommuni- (4) Plant Retired for Nonrecurring cations plant shall be used in com- Factors not Recognized in Depreciation puting depreciation charges. Rates. (ii) Companies, upon receiving prior (i) A retirement will be considered as approval from this Commission, or, nonrecurring (extraordinary) only if upon prescription by this Commission, the following criteria are met: shall apply such depreciation rate, ex- (A) The impending retirement was cept where provisions of paragraph not adequately considered in setting (g)(2)(iv) of this section apply, as will past depreciation rates. ratably distribute on a straight line (B) The charging of the retirement basis the difference between the net against the reserve will unduly deplete book cost of a class or subclass of plant that reserve. and its estimated net salvage during (C) The retirement is unusual such the known or estimated remaining that similar retirements are not likely service life of the plant. to recur in the future. (iii) Charges for currently accruing (5) Upon direction or approval from depreciation shall be made monthly to this Commission, the company shall the appropriate depreciation accounts, credit Account 3100, Accumulated De- and corresponding credits shall be preciation, and charge Account 1438, made to the appropriate depreciation Deferred Maintenance, retirements and reserve accounts. Current monthly other deferred charges, with the charges shall normally be computed by unprovided-for loss in service value. the application of one-twelfth of the Such amounts shall be distributed from annual depreciation rate to the month- Account 1438 to Account 6561, Deprecia- ly average balance of the associated tion expense—Telecommunications category of plant. The average month- plant in service, or Account 6562, De- ly balance shall be computed using the preciation expense—property held for balance as of the first and last days of future telecommunications use, over the current month. such period as this Commission may di- (iv) In certain circumstances and rect or approve. upon prior approval of this Commis- (h) Amortization accounting. (1) Unless sion, monthly charges may be deter- otherwise provided by this Commis- mined in total or in part through the sion, either through approval, or upon use of other methods whereby selected prescription by this Commission, amor- plant balances or portions thereof are tization shall be computed on the ratably distributed over periods pre- straight-line method, i.e., equal annual scribed by this Commission. Such cir- amounts shall be applied. The cost of cumstances could include but not be each type asset shall be amortized on limited to factors such as the existence the basis the estimated life of that of reserve deficiencies or surpluses, asset and shall not be written off in the types of plant that will be completely accounting period in which the asset is retired in the near future, and changes acquired. A reasonable estimate of the in the accounting for plant. Where al- useful life may be based on the upper ternative methods have been used in or lower limits even though a fixed ex- accordance with this subparagraph, istence is not determinable. However,

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the period of amortization shall not ex- § 32.2002 Property held for future tele- ceed forty years. communications use. (2) In the event any estimated useful (a) This account shall include the life becomes no longer applicable, a re- original cost of property owned and vised estimated useful life shall be de- held for no longer than two years under termined in accordance with paragraph a definite plan for use in telecommuni- (h)(1) of this section. cations service. If at the end of two (3) Amortization charges shall be years the property is not in service, the made monthly to the appropriate am- original cost of the property may re- ortization expense accounts and cor- main in this account so long as the car- responding credits shall be made to ac- rier excludes the original cost and as- counts 2005, 2682, 2690, and 3410, as ap- sociated depreciation from its ratebase propriate. Monthly charges shall be and ratemaking considerations and re- computed by the application of one- port those amounts in reports filed twelfth to the annual amortization with the Commission pursuant to amount. 43.21(e)(1) and 43.21(e)(2) of this chapter. (4) The company shall keep such (b) Subsidiary records shall be main- records as will allow the determination tained to show the character of the of the useful life of the asset. amounts carried in this account. (i) [Reserved] (j) Plant accounts to be maintained [65 FR 16334, Mar. 28, 2000] by telephone companies as indicated: § 32.2003 Telecommunications plant Account title under construction.

Regulated plant (a) This account shall include the Property, plant and equipment: original cost of construction projects Telecommunications plant in service ...... 1 2001 (note also § 32.2000(c)) of this part and Property held for future telecommunications 2002 the cost of software development use. projects that are not yet ready for Telecommunications plant under construc- 2003 tion-short term. their intended use. Telecommunications plant adjustment ...... 2005 (b) There may be charged directly to Nonoperating plant ...... 2006 the appropriate plant accounts the cost Goodwill ...... 2007 of any construction project which is es- Telecommunications plant in service (TPIS) TPIS—General support assets: timated to be completed and ready for Land and support assets ...... 2110 service within two months from the TPIS—Central Office assets: date on which the project was begun. Central Office—switching ...... 2210 There may also be charged directly to Operator systems ...... 2220 Central Office—transmission ...... 2230 the plant accounts the cost of any con- TPIS—Information origination/termination as- struction project for which the gross sets: additions to plant are estimated to Information origination termination ...... 2310 amount to less than $100,000. TPIS—Cable and wire facilities assets: Cable and wire facilities ...... 2410 (c) If a construction project has been TPIS—Amortizable assets: suspended for six months or more, the Amortizable tangible assets ...... 2680 cost of the project included in this ac- Intangibles ...... 2690 count may remain in this account so 1 Balance sheet summary account only. long as the carrier excludes the original cost and associated depreciation [51 FR 43499, Dec. 2, 1986, as amended at 52 from its ratebase and ratemaking con- FR 7580, Mar. 12, 1987; 53 FR 30059, Aug. 10, siderations and reports those amounts 1988; 59 FR 46930, Sept. 13, 1994; 60 FR 12138, Mar. 6, 1995; 62 FR 39451, July 23, 1997; 64 FR in reports filed with the Commission 50007, Sept. 15, 1999; 67 FR 5683, Feb. 6, 2002; pursuant to §§ 43.21(e)(1) and 43.21(e)(2) 69 FR 53648, Sept. 2, 2004; 82 FR 20840, May 4, of this chapter. If a project is aban- 2017] doned, the cost included in this account shall be charged to Account 7300, § 32.2001 Telecommunications plant in Nonoperating income and expense. service. (d) When any telecommunications This account shall include the origi- plant, the cost of which has been in- nal cost of the investment included in cluded in this account, is completed Accounts 2110 through 2690. ready for service, the cost thereof shall

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be credited to this account and charged pose of the total amount from an ac- to the appropriate telecommunications quisition of telephone plant by a lump- plant or other accounts. sum charge or credit, as appropriate, to Account 6565 without further approval [51 FR 43499, Dec. 2, 1986, as amended at 60 FR 12138, Mar. 6, 1995; 64 FR 50007, Sept. 15, of this Commission, provided that such 1999; 65 FR 16335, Mar. 28, 2000; 67 FR 5685, amount does not exceed $100,000 and Feb. 6, 2002] that the plant was not acquired from an affiliated company. § 32.2005 Telecommunications plant adjustment. [51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5685, Feb. 6, 2002; 69 FR 53648, Sept. 2, (a) This account shall include 2004] amounts determined in accordance with § 32.2000(b) of this subpart rep- § 32.2006 Nonoperating plant. resenting the difference between (1) the (a) This account shall include the fair market value of the telecommuni- company’s investment in regulated cations plant acquired, plus prelimi- property which is not includable in the nary expenses incurred in connection plant accounts as operating tele- with the acquisition; and (2) the origi- communications plant. It shall include nal cost of such plant, governmental the company’s investment in tele- franchises and similar rights acquired, communications property held for sale. less the amounts of reserve require- (Note also Account 1406, Nonregulated ments for depreciation and amortiza- Investments.) tion of the property acquired. If the ac- (b) Subsidiary records shall be main- tual original cost is not known, the en- tained to show the character of the tries in this account shall be based amounts carried in this account. upon an estimate of such costs. (b) The amounts recorded in this ac- § 32.2007 Goodwill. count with respect to each property ac- (a) This account shall include any quisition (except land and artworks) portion of the plant purchase price shall be disposed of, written off, or pro- that cannot be assigned to specifically vision shall be made for the amortiza- identifiable property acquired and such tion thereof, as follows: amount should be identified as ‘‘good- (1) Debit amounts may be charged in will’’. Such amounts included in this whole or in part, or amortized over a account shall be amortized to Account reasonable period through charges to 7300, Nonoperating income and expense, Account 7300, Nonoperating income and on a straight line basis over the re- expense, without further direction or maining life of the acquired plant, not approval by this Commission. When to exceed 40 years. specifically approved by this Commis- (b) The amounts included in this ac- sion, or when the provisions of para- count shall be maintained to show the graph (b)(3) of this section apply, debit nature of each amount. amounts shall be amortized to Account 6565, Amortization expense—other. [51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5686, Feb. 6, 2002] (2) Credit amounts shall be disposed of in such manner as this Commission § 32.2110 Land and support assets. may approve or direct, except for cred- This account shall be used by compa- it amounts referred to in paragraph nies to record the original cost of land (b)(4) of this section. and support assets of the type and (3) The amortization associated with character detailed in Accounts 2111 the costs recorded in the Tele- through 2124. communications plant adjustment account will be charged or credited, as [82 FR 20841, May 4, 2017] appropriate, directly to this asset account, leaving a balance representing § 32.2111 Land. the unamortized cost. (a) This account shall include the (4) Within one year from the date of original cost of all land held in fee and inclusion in this account of a debit or of easements, and similar rights in credit amount with respect to a cur- land having a term of more than one rent acquisition, the company may dis- year used for purposes other than the

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location of outside plant (see Accounts connection with which the rights were 2411 through 2441) or externally mount- acquired. ed central office equipment (see Ac- [51 FR 43499, Dec. 2, 1986, as amended at 67 counts 2211 and 2212). It shall also in- FR 5686, Feb. 6, 2002] clude special assessments upon land for the construction of public improve- § 32.2112 Motor vehicles. ments. This account shall include the origi- (b) When land, together with build- nal cost of motor vehicles of the type ings thereon, is acquired, the original which are designed and routinely li- cost shall be fairly apportioned be- censed to operate on public streets and tween the land and the buildings and highways. accounted for accordingly. If the plan of acquisition contemplates the re- § 32.2113 Aircraft. moval of buildings, the total cost of the land and buildings shall be ac- This account shall include the origi- counted for as the cost of the land, and nal cost of aircraft and any associated the salvage value of the buildings when equipment and furnishings installed as disposed of shall be deducted from the an integral part of the aircraft. cost of the land so determined. § 32.2114 Tools and other work equip- (c) Annual or more frequent payment. ments for use of land shall be recorded in the rent subsidiary record category This account shall include the origi- for Account 6121, Land and Building nal cost of special purpose vehicles and Expense. the original cost of tools and equip- (d) When land is acquired for which ment used to maintain special purpose there is not a definite plan for its use vehicles and items included in Ac- in telecommunications service, its counts 2112 and 2113. This account shall costs shall be included in Account 2006, also include the original cost of power- Nonoperating Plant. operated equipment, general purpose tools, and other items of work equip- (e) When land is acquired in excess of ment. that required for telecommunications purposes, the cost of such excess land [64 FR 50007, Sept. 15, 1999] shall be included in Account 2006. (f) Installments of assessments for § 32.2121 Buildings. public improvement, including inter- (a) This account shall include the est, if any, which are deferred without original cost of buildings, and the cost option to the company shall be in- of all permanent fixtures, machinery, cluded in this account only as they be- appurtenances and appliances installed come due and payable. Interest on as- as a part thereof. It shall include costs sessments which are not paid when due incident to the construction or pur- shall be included in Account 7500, In- chase of a building and to securing pos- terest and related items. session and title. (g) When land is purchased for imme- (b) When land, together with the diate use in a construction project, its buildings thereon, is acquired, the cost shall be included in Account 2003, original cost shall be fairly appor- Telecommunications plant under con- tioned between the land and buildings, struction, until such time as the and the amount applicable to the build- project involved is completed and ings shall be included in this account. ready for service. The amount applicable to the land (h) The original cost of leaseholds, shall be included in Account 2111, easements, rights of way, and similar Land. rights in land having a term of more (c) This account shall not include the than one year and not includable in Ac- cost of any telephone equipment or count 2111 shall be included in the ac- wiring apparatus for generating or con- counts for outside plant or externally trolling electricity for operating the mounted central office equipment in telephone system.

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§ 32.2122 Furniture. acter detailed in Accounts 2211 through This account shall include the origi- 2212. nal cost of furniture in offices, store- [82 FR 20841, May 4, 2017] rooms, shops, and all other quarters. This account shall also include the cost § 32.2211 Non-digital switching. of objects which possess aesthetic (a) This account shall include: value, are of original or limited edition, and do not have a determinable (1) Original cost of stored program useful life. The cost of any furniture control analog circuit-switching and attached to and constituting a part of associated equipment. a building shall be charged to account (2) Cost of remote analog electronic 2121, Buildings. circuit switches. (3) Original cost of non-electronic § 32.2123 Office equipment. circuit-switching equipment such as This account shall include the origi- Step-by-Step, Crossbar, and Other nal cost of office equipment in offices, Electro-Mechanical Switching. shops and all other quarters. The cost (b) Switching plant excludes switch- of any equipment attached to and con- boards which perform an operator as- stituting a part of a building shall be sistance function and equipment which charged to Account 2121, Buildings. is an integral part thereof. It does not exclude equipment used solely for the [51 FR 43499, Dec. 2, 1986, as amended at 67 recording of calling telephone numbers FR 5686, Feb. 6, 2002] in connection with customer dialed § 32.2124 General purpose computers. charged traffic, dial tandem switchboards and special service switchboards (a) This account shall include the used in conjunction with private line original cost of computers and periph- service; such equipment shall be classi- eral devices which are designed to per- fied to the particular switch that if form general administrative informa- serves. tion processing activities. (b) Administrative information proc- [51 FR 43499, Dec. 2, 1986, as amended at 67 essing includes but is not limited to ac- FR 5686, Feb. 6, 2002] tivities such as the preparation of financial, statistical, or other business § 32.2212 Digital electronic switching. analytical reports; preparation of pay- (a) This account shall include the roll, customer bills, and cash manage- original cost of stored program control ment reports, and other records and re- digital switches and their associated ports not specifically designed for test- equipment. Included in this account ing, diagnosis, maintenance or control are digital switches which utilize ei- of the telecommunications network fa- ther dedicated or non-dedicated cir- cilities. cuits. This account shall also include (c) [Reserved] the cost of remote digital electronic (d) This account does not include the switches. The investment in digital cost of computers and their associated electronic switching equipment shall peripheral devices associated with be maintained in the following sub- switching, network signaling, network accounts: 2212.1 Circuit and 2212.2 operations, or other specific tele- Packet. communications plant. Such com- (b) This subaccount 2212.1 Circuit puters and peripherals shall be classi- shall include the original cost of dig- fied to the appropriate switching, net- ital electronic switching equipment work signaling, network expense, or used to provide circuit switching. Cir- other plant account. cuit switching is a method of routing [51 FR 43499, Dec. 2, 1986, as amended at 64 traffic through a switching center, FR 50007, Sept. 15, 1999] from local users or from other switching centers, whereby a connection is § 32.2210 Central office—switching. established between the calling and This account shall be used by compa- called stations until the connection is nies to record the original cost of released by the called or calling sta- switching assets of the type and char- tion.

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(c) This subaccount 2212.2 Packet type and character detailed in Ac- shall include the original cost of dig- counts 2231 and 2232. ital electronic switching equipment used to provide packet switching. [82 FR 20841, May 4, 2017] Packet switching is the process of § 32.2231 Radio systems. routing and transferring information by means of addressed packets so that (a) This account shall include the a channel is occupied during the trans- original cost of ownership of radio mission of the packet only, and upon transmitters and receivers. This ac- completion of the transmission the count shall include the original cost of channel is made available for the ownership interest in satellites (includ- transfer of other traffic. ing land-side spares), other spare parts, (d) Digital electronic switching material and supplies. It shall include equipment used to provide both circuit launch insurance and other satellite and packet switching shall be recorded launch costs. This account shall also in the subaccounts 2212.1 Circuit and include the original cost of earth sta- 2212.2 Packet based upon its predomi- tions and spare parts, material or sup- nant use. plies therefor. (e) Switching plant excludes switch- (b) This account shall also include boards which perform an operator as- the original cost of radio equipment sistance function and equipment which used to provide radio communication is an integral part thereof. It does not channels. Radio equipment is that exclude equipment used solely for the equipment which is used for the gen- recording of calling telephone numbers eration, amplification, propagation, rein connection with customer dialed ception, modulation, and demodulation charged traffic, dial tandem switch- of radio waves in free space over which boards and special service switchboards communication channels can be pro- used in conjunction with private line service; such equipment shall be classi- vided. This account shall also include fied to the particular switch that it the associated carrier and auxiliary serves. equipment and patch bay equipment which is an integral part of the radio [51 FR 43499, Dec. 2, 1986, as amended at 67 equipment. Such equipment may be lo- FR 5686, Feb. 6, 2002] cated in central office building, terminal room, or repeater stations or § 32.2220 Operator systems. may be mounted on towers, masts, or (a) This account shall include the other supports. original cost of those items of equipment used to assist subscribers in uti- [67 FR 5686, Feb. 6, 2002] lizing the network and equipment used in the provision of directory assist- § 32.2232 Circuit equipment. ance, call intercept, and other operator (a) This account shall include the assisted call completion activities. original cost of equipment which is (b) This account does not include used to reduce the number of physical equipment used solely for the recording pairs otherwise required to serve a of calling telephone numbers in con- given number of subscribers by uti- nection with customer dialed charged lizing carrier systems, concentration traffic, dial tandem switchboards and stages or combinations of both. It shall special service switchboards used in include equipment that provides for si- conjunction with private line service; multaneous use of a number of inter- such equipment shall be classfied to office channels on a single trans- the particular switch that it serves. mission path. This account shall also [51 FR 43499, Dec. 2, 1986, as amended at 59 include equipment which is used for FR 46930, Sept. 13, 1994] the amplification, modulation, regeneration, circuit patching, balancing or § 32.2230 Central office—transmission. control of signals transmitted over This account shall be used by compa- interoffice communications trans- nies to record the original cost of radio mission channels. This account shall systems and circuit equipment of the include equipment which utilizes the

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message path to carry signaling infor- small private branch exchanges and mation or which utilizes separate chan- radio equipment (excluding mobile), in- nels between switching offices to trans- stalled for customer’s use. Items in- mit signaling information independent cluded in this account shall remain of the subscribers’ communication herein until finally disposed of or until paths or transmission channels. This used in such manner as to warrant in- account shall also include the original clusion in other accounts. cost of associated material used in the (b) Each company shall prepare a list construction of such plant. Circuit of station apparatus which shall be equipment may be located in central used as its list of disposition units for offices, in manholes, on poles, in cabi- this account, the cost of which when fi- nets or huts, or at other company loca- nally disposed of shall be credited to tions. The investment in circuit equip- this account and charged to Account ment shall be maintained in the fol- 3100, Accumulated Depreciation. lowing subaccounts: 2232.1 Electronic (c) The cost of cross-connection and 2232.2 Optical. boxes, distributing frames or other dis- (b) This subaccount 2232.1 Electronic tribution points which are installed to shall include the original cost of elec- terminate intrabuilding network cable tronic circuit equipment. shall be charged to Account 2426, (c) This subaccount 2232.2 Optical Intrabuilding Network Cable. shall include the original cost of opti- (d) Operator head sets and transmit- cal circuit equipment. ters in central offices and at private (d) Circuit equipment that converts branch exchanges, and test sets such as electronic signals to optical signals or those used by wire chiefs, outside plant optical signals to electronic signals technicians, and others, shall be in- shall be categorized as electronic. cluded in Account 2114, Tools and other (e) This account excludes carrier and work equipment, Account 2220, Oper- auxiliary equipment and patch bays ator systems, or Account 2341, Large which are includable in Account 2231.2, Private Branch Exchanges, as appro- Other Radio Facilities. This account priate. also excludes such equipment which is an integral component of a major unit (e) Station apparatus for company of- which is classifiable to other accounts. ficial use shall be included in Account (f) Subsidiary record categories shall 2123, Office Equipment. be maintained in order that the com- (f) Periodic asset verification, as pre- pany may separately report the scribed by generally accepted account- amounts contained herein that relate ing principles, shall be taken of all sta- to digital and analog. Such subsidiary tion apparatus in stock that are in- record categories shall be reported as cluded in this account. The number of required by part 43 of this Commis- such station apparatus items as deter- sion’s Rules and Regulations. mined by this verification together with the number of all other station [51 FR 43499, Dec. 2, 1986, as amended at 67 apparatus items included in this ac- FR 5686, Feb. 6, 2002] count, shall be compared with the cor- § 32.2310 Information origination/ter- responding number of station appa- mination. ratus items as shown by the respective control records. The original cost of This account shall be used by compa- any unreconciled differences thereby nies to record the original cost of infor- disclosed shall be adjusted through Ac- mation origination/termination equip- count 3100, Accumulated Depreciation. ment of the type and character de- Appropriate verifications shall be made tailed in Accounts 2311 through 2362. at suitable intervals and necessary ad- [82 FR 20841, May 4, 2017] justments between this account and Account 3100 shall be made for all sta- § 32.2311 Station apparatus. tion apparatus included in this ac- (a) This account shall include the count. original cost of station apparatus, in- (g) Items of station apparatus in cluding teletypewriter equipment, tele- stock for which no further use in the phone and miscellaneous equipment, ordinary conduct of the business is

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contemplated, but which as a pre- changes equipment are included in Ac- cautionary measure are held for pos- count 1220, Inventories. sible future contingencies instead of [51 FR 43499, Dec. 2, 1986, as amended at 52 being discarded shall be excluded from FR 6562, Mar. 4, 1987; 52 FR 39535, Oct. 22, this account and included in Account 1987; 59 FR 46930, Sept. 13, 1994] 1220, Inventories. (h) Embedded CPE is that equipment § 32.2351 Public telephone terminal or inventory which was tariffed or oth- equipment. erwise subject to the jurisdictional sep- (a) This account shall include the arations process as of January 1, 1983. original cost of coinless, coin-operated [51 FR 43499, Dec. 2, 1986, as amended at 52 (including public and semi-public), FR 6561, Mar. 4, 1987; 52 FR 39535, Oct. 22, credit card and pay telephone installed 1987; 59 FR 46930, Sept. 13, 1994; 64 FR 50007, for use by the public. Sept. 15, 1999; 67 FR 5687, Feb. 6, 2002] (b) This account shall also include the original cost of operating spares § 32.2341 Large private branch ex- that are required to provide a con- changes. tinuity of service for public telephones. (a) This account shall include the The operating spares shall not exceed original cost, including the cost of in- six months supply in terms of turnover stallation, of multiple manual private and be available to installers from lo- branch exchanges and of dial system cations in reasonable proximity to the private branch exchanges of types de- location of the installed equipment. signed to accommodate 100 or more (c) The original cost of installing lines or which can normally be ex- public telephone equipment shall not panded to 100 or more lines, installed include the labor and minor materials for customers’ use. This account shall costs of installing the public telephone also include the original cost of other equipment or premises wiring. These large installations of station equip- costs as well as the cost of replacing a ment: (1) Which do not constitute sta- public telephone shall be charged to tions, (2) which require special or indi- Account 6351 Public Telephone Ter- vidualized treatment because of their minal Equipment Expense. The labor complexity, special design, or other and minor materials costs of removal distinctive characteristics, and (3) for of public telephones will also be which individual or other specialized charged to Account 6351. cost records are appropriate. (Note also [51 FR 43499, Dec. 2, 1986, as amended at 52 Account 2311, Station Apparatus.) FR 29019, Aug. 5, 1987] (b) The cost of intrabuilding network cables including their associated cross- § 32.2362 Other terminal equipment. connection boxes, terminals, distrib- (a) This account shall include the uting frames, etc., is chargeable to Ac- original cost of other Non-CPE ter- count 2426, Intrabuilding Network minal equipment not specifically pro- Cable. vided for elsewhere and items such as (c) The cost of outside plant, whether specialized communications equipment or not on private property, used with provided to meet the needs of the dis- intrabuilding, network cable shall be abled, over-voltage protection equip- charged to the appropriate outside ment, multiplexing equipment to de- plant accounts. liver multiple channels to customers, (d)–(e) [Reserved] etc. (f) Private branch exchanges for com- (b) Each company shall prepare a list pany official use shall be included in of other terminal equipment which Account 2123, Office Equipment. shall be used as its list of retirement (g) Embedded CPE is that equipment units for this account, the cost of or inventory which is tariffed or other- which when finally disposed of shall be wise subject to the jurisdictional sepa- credited to this account and charged to rations process as of January 1, 1983. Account 3100, Accumulated Deprecia- Inventories of large private branch ex- tion.

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§ 32.2410 Cable and wire facilities. (1) Nonmetallic cable. This subsidiary This account shall be used by compa- record category shall include the origi- nies to record the original cost of cable nal cost of optical fiber cable and other and wire facilities of the type and char- associated material used in con- acter detailed in Accounts 2411 through structing a physical path for the trans- 2441. mission of telecommunications signals. (2) Metallic cable. This subsidiary [82 FR 20841, May 4, 2017] record category shall include the original cost of single or paired conductor § 32.2411 Poles. cable, wire and other associated mate- This account shall include the origi- rial used in constructing a physical nal cost of poles, crossarms, guys and path for the transmission of tele- other material used in the construction communications signals. of pole lines and shall include the cost (b) The cost of pumping water out of of towers when not associated with manholes and of cleaning manholes and buildings. This account shall also in- ducts in connection with construction clude the cost of clearing pole line work and the cost of permits and privi- routes and of tree trimming but shall leges for the construction of cable and exclude the cost of maintaining pre- wire facilities shall be included in the viously cleared routes. account chargeable with such construction. § 32.2421 Aerial cable. (c) The cost of drop and block wires (a) This account shall include the served by underground cable shall be original cost of aerial cable and of drop included in Account 2423, Buried Cable. and block wires served by such cable or (d) The cost of cables leading from aerial wire as well as the cost of other the main distributing frame or equiva- material used in construction of such lent to central office equipment shall plant. Subsidiary record categories, as be included in the appropriate switch- defined below, are to be maintained for ing, transmission or other operations nonmetallic aerial cable and metallic asset account. aerial cable. (1) Nonmetallic cable. This subsidiary § 32.2423 Buried cable. record category shall include the origi- (a) This account shall include the nal cost of optical fiber cable and other original cost of buried cable as well as associated material used in con- the cost of other material used in the structing a physical path for the trans- construction of such plant. This ac- mission of telecommunications signals. count shall also include the cost of (2) Metallic cable. This subsidiary trenching for and burying cable run in record category shall include the origi- conduit not classifiable to Account nal cost of single or paired conductor 2441, Conduit Systems. Subsidiary cable, wire and other associated mate- record categories, as defined below, are rial used in constructing a physical to be maintained for nonmetallic bur- path for the transmission of tele- ied cable and metallic buried cable. communications signals. (1) Nonmetallic cable. This subsidiary (b) The cost of permits and privileges record category shall include the origi- for the construction of cable and wire nal cost of optical fiber cable and other facilities shall be included in the ac- associated material used in con- count chargeable with such construc- structing a physical path for the trans- tion. mission of telecommunications signals. (2) Metallic cable. This subsidiary § 32.2422 Underground cable. record category shall include the origi- (a) This account shall include the nal cost of single or paired conductor original cost of underground cable in- cable, wire and other associated mate- stalled in conduit and of other material rial used in constructing a physical used in the construction of such plant. path for the transmission of tele- Subsidiary record categories, as de- communications signals. fined below, are to be maintained for (b) The cost of pumping water out of nonmetallic underground cable and manholes and of cleaning manholes and metallic underground cable. ducts in connection with construction

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work and the cost of permits and privi- structing a physical path for the trans- leges for the construction of cable and mission of telecommunications signals. wire facilities shall be included in the (2) Metallic cable. This subsidiary account chargeable with such construc- record category shall include the origi- tion. nal cost of single or paired conductor cable, wire and other associated mate- § 32.2424 Submarine & deep sea cable. rial used in constructing a physical (a) This account shall include the path for the transmission of tele- original cost of submarine cable and communications signals. deep sea cable and other material used (b) The cost of pumping water out of in the construction of such plant. Sub- manholes and of cleaning manholes and sidiary record categories, as defined ducts in connection with construction below, are to be maintained for non- work and the cost of permits and privi- metallic submarine and deep sea cable leges for the construction of cable and and metallic submarine and deep sea wire facilities shall be included in the cable. account chargeable with such construc- (1) Nonmetallic cable. This subsidiary tion. record category shall include the origi- (c) Intrabuilding network cable does nal cost of optical fiber cable and other not include the cost of cables or wires associated material used in con- which are classifiable as network ter- structing a physical path for the trans- minating wire, nor the cables or wires mission of telecommunications signals. from the demarcation point or stand- (2) Metallic cable. This subsidiary ard network interface to subscribers’ record category shall include the origi- stations. nal cost of single or paired conductor cable, wire and other associated mate- § 32.2431 Aerial wire. rial used in constructing a physical (a) This account shall include the path for the transmission of tele- original cost of bare line wire and communications signals. other material used in the construction (b) The cost of permits and privileges of such plant. for the construction of cable and wire (b) The cost of permits and privileges facilities shall be included in the ac- for the construction of cable and wire count chargeable with such construc- facilities shall be included in the action. count chargeable with such construc- [51 FR 43499, Dec. 2, 1986, as amended at 67 tion. FR 5687, Feb. 6, 2002] (c) The cost of drop and block wires served by aerial wire shall be included § 32.2426 Intrabuilding network cable. in Account 2421, Aerial Cable. (a) This account shall include the original cost of cables and wires lo- § 32.2441 Conduit systems. cated on the company’s side of the de- (a) This account shall include the marcation point or standard network original cost of conduit, whether un- interface inside subscribers’ buildings derground, in tunnels or on bridges, or between buildings on one customer’s which is reusable in place. It shall also same premises. Intrabuilding network include the cost of opening trenches cables are used to distribute network and of any repaving necessary in the access facilities to equipment rooms, construction of conduit plant. cross-connection or other distribution (b) The cost of pumping water out of points at which connection is made manholes and of cleaning manholes and with customer premises wiring. Sub- ducts in connection with construction sidiary record categories, as defined work and the cost of permits and privi- below, are to be maintained for non- leges for the construction of cable and metallic intrabuilding network cable wire facilities shall be included in the and metallic intrabuilding network account chargeable with such construc- cable. tion. (1) Nonmetallic cable. This subsidiary (c) The cost of protective covering record category shall include the origi- for buried cable shall be charged to Ac- nal cost of optical fiber cable and other count 2423, Buried Cable, as appro- associated material used in con- priate, unless such protective covering

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is reusable in place. The amounts thus (c) The amounts recorded in this ac- charged shall be included in the non- count at the inception of a finance metallic buried cable or metallic bur- lease shall be equal to the original ied cable subsidiary record category, as cost, if known, or to the present value appropriate. not to exceed fair value, at the begin- (d) The cost of pipes or other protec- ning of the lease term, of minimum tive covering for underground drop and lease payments during the lease term, block wires shall be included in Ac- excluding that portion of the payments count 2421, Aerial Cable, or Account representing executory costs to be paid 2423, Buried Cable, as appropriate. The by the lessor, together with any profit amounts thus charged shall be included thereon. in the nonmetallic or metallic subsidiary record category, as appropriate. [51 FR 43499, Dec. 2, 1986, as amended at 84 FR 4729, Feb. 19, 2019] § 32.2680 Amortizable tangible assets. § 32.2682 Leasehold improvements. This account shall be used by companies to record amounts for property ac- (a) This account shall include the quired under finance leases and the original cost of leasehold improve- original cost of leasehold improvements made to telecommunications ments of the type of character detailed plant held under a finance or operating in Accounts 2681 and 2682. lease, which are subject to amortization treatment. This account shall also [84 FR 4729, Feb. 19, 2019] include those improvements which will revert to the lessor. § 32.2681 Finance leases. (b) Improvements to leased tele- (a) This account shall include all communications plant which are of a property acquired under a finance relatively minor cost or short life or lease. A lease qualifies as a finance for which the period of the lease is one lease when one or more of the following year or less shall be charged to the ac- criteria is met: count chargeable with the cost of re- (1) By the end of the lease term, own- pairs to such plant. ership of the leased property is trans- (c) Amounts contained in this ac- ferred to the leasee. count shall be amortized over the term (2) The lease contains a bargain pur- of the related lease. chase option. (3) The lease term is substantially [51 FR 43499, Dec. 2, 1986, as amended at 67 (75% or more) equal to the estimated FR 5687, Feb. 6, 2002; 69 FR 53649, Sept. 2, useful life of the leased property. How- 2004; 82 FR 20841, May 4, 2017; 84 FR 4730, Feb. ever, if the beginning of the lease term 19, 2019] falls within the last 25% of the total es- § 32.2690 Intangibles. timated economic life of the leased property, including earlier years of use, (a) This account shall include the this criterion shall not be used for pur- cost of organizing and incorporating poses of classifying the lease. the company, the original cost of gov- (4) At the inception of the lease, the ernment franchises, the original cost of present value of the minimum lease patent rights, and other intangible payments, excluding that portion of property having a life of more than one the payments representing executory year and used in connection with the costs to be paid by the lessor, including company’s telecommunications oper- any profit thereon, equals or exceeds ations. 90% or more of the fair value of the (b) [Reserved] leased property. However, if the begin- (c) The cost of other intangible as- ning of the lease term falls within the sets, not including software, having a last 25% of the total estimated eco- life of one year or less shall be charged nomic life of the leased property, indirectly to Account 6564, Amortization cluding earlier years of use, this cri- expense—intangible. Such intangibles terion shall not be used for purposes of acquired at small cost may also be classifying the lease. charged to Account 6564, irrespective of (b) All other leases are operating their term of life. The cost of software leases. having a life of one year or less shall be

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charged directly to the applicable ex- (2) Subsidiary records shall be main- pense account with which the software tained for Accounts 2005, 2682, 2690, 3400 is associated. in accordance with § 32.2000(h)(4). (d) The amortization associated with (b) Depreciation and amortization ac- the costs recorded in the Intangibles counts to be maintained by telephone account will be credited directly to companies, as indicated. this asset account, leaving a balance Account title representing the unamortized cost. (e) This account shall not include Depreciation and amortization: any discounts on securities issued, nor Accumulated depreciation ...... 3100 Accumulated depreciation—Held for future 3200 shall it include costs incident to nego- telecommunications use. tiating loans, selling bonds or other Accumulated depreciation—Nonoperating ... 3300 evidences of debt, or expenses in con- Accumulated depreciation—Tangible ...... 3400 nection with the authorization, issuance, sale or resale of capital [82 FR 20841, May 4, 2017] stock. (f) When charges are made to this ac- § 32.3100 Accumulated depreciation. count for expenses incurred in mergers, (a) This account shall include the ac- consolidations, or reorganizations, cumulated depreciation associated amounts previously included in this ac- with the investment contained in Ac- count on the books of the various com- count 2001, Telecommunications Plant panies concerned shall not be carried in Service. over. (b) This account shall be credited (g) Franchise taxes payable annually with depreciation amounts concur- or more frequently shall be charged to rently charged to Account 6561, Depre- Account 7240, Operating other taxes. ciation expense—telecommunications (h) This account shall not include the plant in service. (Note also Account cost of plant, material and supplies, or 3300, Accumulated depreciation—non- equipment furnished to municipalities operating.) or other governmental authorities (c) At the time of retirement of de- when given other than as initial con- preciable operating telecommuni- sideration for franchises or similar cations plant, this account shall be rights. (Note also Account 6720, Gen- charged with the original cost of the eral & administrative). property retired plus the cost of re- (i) This account shall not include the moval and credited with the salvage value and any insurance proceeds re- original cost of easements, rights of covered. way, and similar rights in land having (d) This account shall be credited a term of more than one year. Such with amounts charged to Account 1438, amounts shall be recorded in Account Deferred maintenance, retirements, 2111, Land, or in the appropriate out- and other deferred charges, as provided side plant account (see Accounts 2411 in § 32.2000(g)(4) of this subpart. This through 2441), or in the appropriate account shall be credited with amounts central office account (see Accounts charged to Account 6561 with respect to 2211 through 2232). other than relatively minor losses in [67 FR 5687, Feb. 6, 2002, as amended at 69 FR service values suffered through termi- 53649, Sept. 2, 2004; 82 FR 20841, May 4, 2017] nations of service when charges for such terminations are made to recover § 32.3000 Instructions for balance the losses. sheet accounts—depreciation and amortization. [51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5687, Feb. 6, 2002; 69 FR 53649, Sept. 2, (a) Depreciation and amortization sub- 2004] sidiary records. (1) Subsidiary record categories shall be maintained for each § 32.3200 Accumulated depreciation— class of depreciable telecommuni- held for future telecommunications cations plant in Account 3100 for which use. there is a prescribed depreciation rate. (a) This account shall include the ac- (See also § 32.2000(g)(1)(iii).) cumulated depreciation associated

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with the investment contained in Ac- (1) The accumulated amortization as- count 2002, Property Held for Future sociated with the investment contained Telecommunications Use. in Account 2681, Finance leases. (b) This account shall be credited (2) the accumulated amortization as- with amounts concurrently charged to sociated with the investment contained Account 6562, Depreciation expense— in Account 2682, Leasehold improve- property held for future telecommuni- ments. cations use. (b) This account shall be credited [51 FR 43499, Dec. 2, 1986, as amended at 67 with amounts for the amortization of FR 5688, Feb. 6, 2002; 69 FR 53649, Sept. 2, finance leases and leasehold improve- 2004] ments concurrently charged to Ac- count 6563, Amortization expense—tan- § 32.3300 Accumulated depreciation— gible. (Note also Account 3300, Accu- nonoperating. mulated depreciation—nonoperating.) (a) This account shall include the ac- (c) When any item carried in Account cumulated amortization and deprecia- 2681 or Account 2682 is sold, is relin- tion associated with the investment quished, or is otherwise retired from contained in Account 2006, Nonop- service, this account shall be charged erating Plant. with the cost of the retired item. Re- (b) This account shall be credited maining amounts associated with the with amortization and depreciation item shall be debited to Account 7100, amounts concurrently charged to Ac- Other operating income and expenses, count 7300, Nonoperating income and or Account 7300, Nonoperating income expense. and expense, as appropriate. (c) When nonoperating plant not pre- [69 FR 53649, Sept. 2, 2004, as amended at 82 viously used in telecommunications FR 20842, May 4, 2017; 84 FR 4730, Feb. 19, service is disposed of, this account 2019] shall be charged with the amount previously credited hereto with respect to § 32.3410 Accumulated amortization— such property and the book cost of the capitalized finance leases. property so retired less the amount (a) This account shall include the ac- chargeable to this account and less the cumulated amortization associated value of the salvage recovered or the with the investment contained in Ac- proceeds from the sale of the property count 2681, Finance Leases. shall be included in Account 7300, Non- (b) This account shall be credited operating income and expense. In case with amounts for the amortization of the property had been used in tele- finance leases concurrently charged to communications service previous to its Account 6563, Amortization expense— inclusion in Account 2006, Nonop- tangible. (Note also Account 3300, Ac- erating Plant, the amount accrued for cumulated depreciation—nonop- depreciation thereon after its retire- erating.) ment from telecommunications service (c) When any item carried in Account shall be charged to this account and 2681 is sold, is relinquished, or is other- credited to Account 3100, Accumulated wise retired from service, this account depreciation, and the accounting for its shall be charged with the cost of the retirement from Account 2006 shall be retired item. Remaining amounts asso- in accordance with that applicable to ciated with the item shall be debited to telecommunications plant retired. Account 7100, Other operating income [51 FR 43499, Dec. 2, 1986, as amended at 59 and expenses, or Account 7300, Nonop- FR 46930, Sept. 13, 1994; 67 FR 5688, Feb. 6, erating income and expense, as appro- 2002] priate. § 32.3400 Accumulated amortization— [51 FR 43499, Dec. 2, 1986, as amended at 67 tangible. FR 5688, Feb. 6, 2002; 69 FR 53649, Sept. 2, 2004; 84 FR 4730, Feb. 19, 2019] (a) This account shall include:

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§ 32.3999 Instructions for balance (b) If any part of an obligation, oth- sheet accounts—liabilities and erwise includable in this account ma- stockholders’ equity. tures more than one year from date of issue, it shall be included in Account LIABILITIES AND STOCKHOLDERS’ EQUITY 4200, Long term debt and funded debt, ACCOUNTS TO BE MAINTAINED BY COMPANIES or other appropriate account. Account title (c) The records supporting the entries to this account shall be kept so that Current liabilities: the company can furnish complete de- Current accounts and notes payable ...... 4000 Customer’s Deposits ...... 4040 tails as to each note, when it is issued, Income taxes—accrued ...... 4070 the consideration received, and when it Other taxes—accrued ...... 4080 is payable. Net Current Deferred Nonoperating Income 4100 (d) Subsidiary record categories shall Taxes. Net Current Deferred Nonoperating Income 4110 be maintained for this account in order Taxes. that the company may separately re- Other current liabilities ...... 4130 port the amounts contained herein Long-term debt: that relate to nonaffiliates and affili- Long Term debt and Funded debt ...... 4200 Other liabilities and deferred credits: ates. Such subsidiary record categories Other liabilities and deferred credits ...... 4300 shall be reported as required by part 43 Unamortized operating investment tax cred- 4320 of this chapter. its—net. Unamortized nonoperating investment tax 4330 [67 FR 5688, Feb. 6, 2002] credits—net. Net noncurrent deferred operating income 4340 § 32.4040 Customers’ deposits. taxes. Net deferred tax liability adjustments ...... 4341 (a) This account shall include the Net noncurrent deferred nonoperating in- 4350 amount of cash deposited with the come taxes. Deferred tax regulatory adjustments—net ... 4361 company by customers as security for Other jurisdictional liabilities and deferred 4370 the payment for telecommunications credits—net. service. Stockholder’s equity: (b) Advance payments made by pro- Capital stock ...... 4510 Additional paid-in capital ...... 4520 spective customers prior to the estab- Treasury stock ...... 4530 lishment of service shall be credited to Other capital ...... 4540 Account 4130, Other current liabilities. Retained earnings ...... 4550 [51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5689, Feb. 6, 2002] [82 FR 20842, May 4, 2017] § 32.4070 Income taxes—accrued. § 32.4000 Current accounts and notes payable. (a) This account shall be credited or (a) This account shall include: charged and the following accounts (1) All amounts currently due to oth- shall be charged or credited with the ers for recurring trade obligations, and offsetting amount of current year in- not provided for in other accounts, come taxes (Federal, state and local) such as those for traffic settlements, accrued during the period or adjust- material and supplies, repairs to tele- ments to prior accruals: 7220 Operating communications plant, matured rents, Federal Income Taxes, 7230 Operating and interest payable under monthly State and Local Income Taxes, 7400 settlements on short-term loans, ad- Nonoperating Taxes, 7600 Extraor- vances, and open accounts. It shall also dinary Items. (b) If significant, current year in- include amounts of taxes payable that come taxes paid in advance shall be re- have been withheld from employees’ classified to Account 1280, Prepay- salaries. ments. (2) Accounts payable arising from sharing of revenues. [67 FR 5689, Feb. 6, 2002] (3) The face amount of notes, drafts, and other evidences of indebtedness § 32.4080 Other taxes—accrued. issued or assumed by the company (ex- (a) This account shall be credited or cept interest coupons) which are pay- charged and Account 7240, Operating able on demand or not more than one Other Taxes, or 7400, Nonoperating year or less from date of issue. Taxes, or, for payroll related costs, the

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

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required by part 43 of this Commis- the payment of which has been as- sion’s Rules and Regulations. sumed by the company, including funded debt the maturity of which has been [51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994; 67 FR 5689, Feb. 6, 2002] extended by specific agreement. This account shall also include such items § 32.4130 Other current liabilities. as mortgage bonds, collateral trust bonds, income bonds, convertible debt, This account shall include: debt securities with detachable war- (a) The amount of advance billing rants and other similar obligations ma- creditable to revenue accounts in fu- turing more than one year from date of ture months; also advance payments issue. made by prospective customers prior to (2) The premium associated with all the establishment of service. Amounts classes of long-term debt. Premium, as included in this account shall be cred- applied to securities issued or assumed ited to the appropriate revenue ac- by the company, means the excess of counts in the months in which the the current money value received at service is rendered or cleared from this their sale over the sum of their book or account as refunds are made. face amount and interest or dividends (b) The amount (including any obli- accrued at the date of the sale. gations for premiums) of long-term (3) The discount associated with all debt matured and unpaid without any classes of long-term debt. Discount, as specific agreement for extension of ma- applied to securities issued or assumed turity, including unpresented bonds by the company, means the excess of drawn for redemption through the op- the book or face amount of the securi- eration of sinking and redemption fund ties plus interest or dividends accrued agreements. at the date of the sale over the current (c) The current portion of obligations money value of the consideration re- applicable to property obtained under ceived at their sale. finance leases. (4) The face amount of debt reac- (d) The amount of wages, com- quired prior to maturity that has not pensated absences, interest on indebt- been retired. Gain or loss shall be rec- edness of the company, dividends on ognized at the time of reacquisition by capital stock, and rents accrued to the credits or charges to Account 7300, date for which the balance sheet is Nonoperating income and expense, ex- made, but not payable until after that cept that material gains or losses shall date. Accruals shall be maintained so be treated as extraordinary. (See Ac- as to show separately the amount and count 7600, Extraordinary items.) nature of the items accrued to the date (5) The noncurrent portion of obliga- of the balance sheet. tions applicable to property obtained (e) Matured rents, dividends, interest under finance leases. Amounts subject payable under monthly settlements on to current settlement shall be included short-term loans, advances, and open in Account 4130, Other current liabil- accounts shall be included in Account ities. 4000. (6) The amount of advance from af- (f) All other liabilities of current filiated companies. Amounts due affili- character which are not included in Ac- ated companies which are subject to count 4000 through 4110. current settlement shall be included in [67 FR 5689, Feb. 6, 2002, as amended at 84 FR Account 4000. 4730, Feb. 19, 2019] (7) Investment advances, including those represented by notes. § 32.4200 Long term debt and funded (8) Long-term debt not provided for debt. elsewhere. (a) This account shall include: (9) The noncurrent portion of obliga- (1) The total face amount of tions applicable to property subject to unmatured debt maturing more than capitalized operating leases. Amounts one year from date of issue, issued by subject to current settlement shall be the company and not retired, and the included in Account 4130, Other current total face amount of similar liabilities. Any balance in this account unmatured debt of other companies, relating to capitalized operating leases

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shall be excluded in any ratemaking § 32.4320 Unamortized operating in- calculations. vestment tax credits—net. (b) Subsidiary records shall be main- (a) This account shall be credited and tained for each issue. The subsidiary Account 7210, Operating Investment records shall identify the premium or Tax Credits—Net, should be debited discount attributable to each issue. with investment tax credits generated (c) Premiums and discounts on long- from qualified expenditures related to term debt recorded in this account regulated operations which the com- shall be amortized monthly by the in- pany defers rather than recognizes cur- terest method and charged or credited, rently in income. as appropriate, to Account 7500, Inter- (b) This account shall be debited and est and related items. Account 7210 credited with a propor- (d) Debt securities with detachable tionate amount determined in relation warrants shall be accounted for in ac- to the period of time used for com- cordance with generally accepted ac- puting book depreciation on the prop- counting principles. erty to which the tax credit relates. (e) Securities maturing in one year or less, including securities maturing § 32.4330 Unamortized nonoperating serially, shall be included in Account investment tax credits—net. 4130, Other current liabilities. (a) This account shall be credited and [67 FR 5689, Feb. 6, 2002, as amended at 84 FR Account 7400, Nonoperating Taxes, 4730, Feb. 19, 2019] shall be debited with investment tax credits generated from qualified ex- § 32.4300 Other long-term liabilities penditures related to other operations and deferred credits. which the company has elected to defer (a) This account shall include rather than recognize currently in in- amounts accrued to provide for such come. items as unfunded pensions (if actuari- (b) This account shall be debited and ally determined), death benefits, de- Account 7400 credited with a propor- ferred compensation costs and other tionate amount determined in relation long-term liabilities not provided for to the useful book life of the property elsewhere. Subsidiary records shall be to which the tax credit relates. maintained to identify the nature of these items. [67 FR 5690, Feb. 6, 2002] (b) This account shall include the amount of all deferred credits not pro- § 32.4340 Net noncurrent deferred operating income taxes. vided for elsewhere, such as amounts awaiting adjustment between accounts; (a) This account shall include the and revenue, expense, and income balance of income tax expense related items in suspense. to noncurrent items from regulated op- (c) This account shall include the de- erations which have been deferred to ferred obligations associated with a later periods as a result of comprehen- capitalize operating lease longer than sive interperiod tax allocation related one year. The amounts recorded in this to temporary differences that arise account at the inception of an oper- from regulated operations. ating lease shall be equal to the (b) This account shall be credited or present value not to exceed fair value, debited, as appropriate, and Account at the beginning of the lease term, of 7250, Provision for Deferred Operating minimum lease payments during the Income Taxes—Net, shall reflect the lease term, excluding that portion of offset for the tax effect of revenues and the payments representing executory expenses from regulated operations costs to be paid by the lessor, together which have been included in the deter- with any profit thereon. mination of taxable income, but which [67 FR 5690, Feb. 6, 2002, as amended at 84 FR 4730, Feb. 19, 2019]

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

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

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

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interstate and international tariff fil- (j) Long Distance Network Service reve- ings. Such subsidiary record categories nues. Long Distance Network Service shall be reported as required by part 43 revenues shall include revenues derived of this chapter. from the provision of services beyond (g) Structure of revenue accounts. (1) the basic service area, whether mes- The revenue section of the system of sage or flat-rate and including public accounts shall be organized by revenue network switching as well as private. group summary account, account and (k) Miscellaneous revenues. Miscella- subsidiary record category (if re- neous revenues are those revenues de- quired). rived from the provision of regulated (2) The revenue section of this sys- products and services provided under tem of accounts shall be comprised of tariff or contract but not contained six major groups—Local Network Serv- elsewhere. They shall also include op- ices Revenues, Network Access Serv- erating revenue derived from activities ices Revenues, Long Distance Network performed incident to the company’s Services Revenues, Miscellaneous Rev- tariffed telecommunications oper- enues, Nonregulated revenues, and ations which, though non-tariffed, are Uncollectible Revenues, which shall be included in the regulatory process. considered as a revenue group for the (l) Nonregulated revenues. The non- purposes of the construction of the sys- regulated revenue account shall be tem. used for nonregulated operating reve- (3) Accounts shall be maintained as nues when a nonregulated activity in- prescribed in this Section subject to volves the common or joint use of as- the conditions described in section sets or resources in the provision of 32.13 of subpart B. In certain instances, regulated and nonregulated products or subsidiary record categories may be re- services as required in § 32.23(c) of this quired below the account level by this subpart. Revenues from nontariffed ac- system of accounts or by Commission tivities offered incidental to tariffed order. services may be accounted for as regu- (h) Local Network Services revenues. lated revenues, provided the activities Local Network Services revenues (Ac- are outgrowths of regulated operations counts 5001 through 5060) shall include and the revenues do not exceed, in the revenues derived from the provision of aggregate, one percent of total reve- service and equipment entirely within nues for three consecutive years. Such the basic service area. That area is de- activities must be listed in the Com- fined as the normal boundaries for mission-approved Cost Allocation Man- local calling plus Extended Area Serv- ual for any company required to file a ice (EAS) boundaries as they apply to Cost Allocation Manual. that service. It includes revenues de- (m) Uncollectible revenues. rived from both local private network Uncollectible revenues shall include service and local public network serv- amounts originally credited to the rev- ices as well as from customer premises enue accounts which have proved im- facilities services. Local revenues in- practicable of collection. clude associated charges such as one- (n) Revenue accounts to be maintained. time service connection or termination charges and secondary features such as Account title call waiting. (i) Network Access revenues. (1) Net- Local network services revenues: Basic local service revenue. work Access revenues (Accounts 5081– Network access service revenues: 5083) shall include revenues derived End user revenue ...... 5081 from the provision of exchange access Switched access revenue ...... 5082 services to an interexchange carrier or Special access revenue ...... 5083 to an end user of telecommunications Long distance network services revenues: Long distance message revenue ...... 5100 services beyond the exchange carrier’s Miscellaneous revenues: network. Miscellaneous revenue ...... 5200 (2) Billing and collections service Nonregulated revenues: provided under exchange access tariffs Nonregulated operating revenue ...... 5280 shall be included in the Miscellaneous Uncollectible revenues: Revenues Group. Uncollectible revenue ...... 5300

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[51 FR 43499, Dec. 2, 1986, as amended at 53 telecommunications systems con- FR 49322, Dec. 7, 1988; 59 FR 46930, Sept. 13, nected to the public switched network 1994; 64 FR 50008, Sept. 15, 1999; 67 FR 5690, placed between mobile units and other Feb. 6, 2002; 69 FR 53649, Sept. 2, 2004; 82 FR stations within the mobile service 20842, May 4, 2017] area. § 32.5000 Basic local service revenue. § 32.5040 Private line revenue. Companies shall use this account for revenues of the type and character de- This account shall include revenue tailed in Accounts 5001 through 5060. derived from local services that involve dedicated circuits, private switching [82 FR 20842, May 4, 2017] arrangements, and/or predefined transmission paths, whether virtual or phys- § 32.5001 Basic area revenue. ical, which provide communications (a) This account shall include rev- between specific locations (e.g., point- enue derived from the provision of the to-point communications. It includes following: revenue from subvoice grade, voice (1) Basic area message services such grade, audio and video program grade, as flat rate services and measured serv- digital transmission and local private ices. Included is revenue derived from network switching as well as the rev- non-optional extended area services. enue from administrative and oper- Also included is revenue derived from ational support services associated the billed or guaranteed portion of with private network services and fa- semi-public services. cilities, e.g., charges for company-di- (2) Optional extended area service. rected testing, expedited installation, (3) Cellular mobile telecommuni- and service restoration priority. cations systems connected to the public switched network placed between § 32.5060 Other basic area revenue. mobile units and other stations within This account shall include: the mobile service area. (a) Revenue from the provision of (4) General radio telecommunications secondary features which are inte- systems connected to the public grated with the telecommunications switched network placed between mo- network such as call forwarding, call bile units and other stations within the waiting and touch-tone line service. mobile service area, as well as revenue Also included is revenue derived from from mobile radio paging, mobile dis- the provision of public announcement patching, and signaling services. and other record message services, di- (b) Revenue derived from charges for rectory assistance and other call com- nonpublished number or additional and pletion services (excluding operator as- boldfaced listings in the alphabetical sisted basic long distance calls), as well section of the company’s telephone di- as revenue derived from central office rectories shall be included in account related service connection and termi- 5230, Directory revenue. nation charges, and other non-premise (c) Revenue from private mobile tele- customer specific charges associated phone services which do not have ac- with public network services. This access to the public switched network count shall also include local revenue shall be included in Account 5200, Mis- not provided for in other accounts. cellaneous revenue. (b) Charges and credits resulting [67 FR 5691, Feb. 6, 2002, as amended at 69 FR from contractual revenue pooling and/ 53650, Sept. 2, 2004] or sharing agreements for tariffed local network services only when they are § 32.5002 Optional extended area rev- not separately identifiable by local enue. network services revenue accounts in This account shall include total rev- the settlement process. (See also enue derived from the provision of op- § 32.4999(e)). To the extent that the tional extended area service. charges and credits resulting from a settlement process can be identified by § 32.5003 Cellular mobile revenue. Local Network Services Revenue ac- This account shall include message count they shall be recorded in the ap- revenue derived from cellular mobile plicable account.

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(c) Revenue derived from tariffed in- charges and surcharges. The subsidiary formation origination/termination records shall also separately show the plant. Included is revenue derived from federal and state tariffed charges. Such the provision under leasing arrange- subsidiary record categories shall be ments of tariffed customer premises reported as required by part 43 of this equipment (CPE), terminal equipment, chapter. station apparatus and large private [67 FR 5692, Feb. 6, 2002] branch exchanges as well as tariffed nonrecurring charges related solely to § 32.5100 Long distance message rev- station apparatus. Also included are all enue. tariffed charges for customer premises This account shall include revenue activities and facilities not related derived from message services that ter- solely to station apparatus. minate beyond the basic service area of [67 FR 5691, Feb. 6, 2002] the originating wire center and are individually priced. This includes those § 32.5081 End user revenue. message services which utilize the pub- (a) This account shall contain feder- lic long distance switching network ally and state tariffed monthly flat and the basic subscriber access line. It rate charge assessed upon end users. also includes those long distance calls (b) Subsidiary record categories shall placed from mobile and public tele- be maintained in order that the com- phones, as well as any charges for oper- pany may separately report amounts ator assistance or special billing di- related to federal and state tariffed rectly related to the completion of a charges. specific call. This account shall also include revenue derived from individ- [67 FR 5692, Feb. 6, 2002] ually priced message services offered § 32.5082 Switched access revenue. under calling plans (discounted long distance) which do not utilize dedi- (a) This account shall consist of fed- cated access lines, as well as those erally and state tariffed charges as- priced at the basic long distance rates sessed to interexchange carriers for ac- where a discounted toll charge is on a cess to local exchange facilities. per message basis. Any revenue derived (b) Subsidiary record categories shall from monthly or one-time charges for be maintained in order that the com- obtaining calling plan services shall be pany may separately report the included in this account. This account amounts contained herein that relate includes revenue derived from the fol- to limited pay telephone, carrier com- lowing services: mon line, line termination, local (a) Long distance services which per- switching, intercept, information, commit unidirectional calls to a subscriber mon transport and dedicated transport. from specified services areas The subsidiary records shall also sepa- (multipoint-to-point service). These rately show the federal and state calls require the use of dedicated ac- tariffed charges. Such subsidiary cess lines connecting a subscriber’s record categories shall be reported as premises and a designated central of- required by part 43 of this chapter. fice. These dedicated access lines are [67 FR 5692, Feb. 6, 2002] generally separate from those required for the subscriber to place outward § 32.5083 Special access revenue. calls. The call is billed to the sub- (a) This account shall include all fed- scriber even though it is generally ini- erally and state tariffed charges as- tiated by the subscriber’s customer or sessed for other than end user or correspondent. switched access charges referred to in (b) Long distance services which per- Account 5081, End user revenue, and mit the subscriber to place telephone Account 5082, Switched access revenue. calls from one location to other speci- (b) Subsidiary record categories shall fied service areas (point-to-multipoint be maintained in order that the com- service). These calls are completed pany may separately report the without operator assistance and re- amounts contained herein that relate quire the use of a dedicated access line. to recurring charges, nonrecurring The dedicated access line is generally

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separate from those required for in- furnished under separate audio rates. If ward message services and cannot be the rate for television program services used to place calls within the basic includes both the picture and sound service area or calls outside the se- portion of the transmission, the rev- lected service areas. Outward calls are enue shall also be included in this ac- screened and blocked to determine count. whether the calls are within an author- (4) Private network circuits and fa- ized service area. cilities furnished for television pro- (c) Services extending beyond the gram transmission purposes, such as basic service area that involve dedi- commercial broadcast and educational cated circuits, private switching ar- or private television services. It in- rangements, and/or predefined trans- cludes revenue from the provision of mission paths, whether virtual or phys- facilities for the transmission of ana- ical, which provide communications log signals between customer premises between specific locations (e.g., point- and a serving office, a carrier distribu- to-point communications). Service con- tion point, or an extension distribution nection charges, termination charges, channel furnished in connection with rearrangements and changes, etc., shall such services. It also includes revenue be included in this account. Revenue from both the picture and sound por- derived from associated administrative tions of transmission for television and operational support services shall program service when provided under a also be included in this account. combined rate schedule. (1) Narrow-band analog private net- (5) The provision of circuits and fa- work circuits and facilities furnished cilities for the transmission of digital exclusively for record forms of commu- signals only. nications, such as teletypewriter, tele- (6) The provision of common user typesetter, telewriter, ticker, Morse, channels and switching capabilities signaling, remote metering, and super- used for the transmission of tele- visory services. communication signals between three (2) Private network circuits and fa- (3) or more points in the network. Also cilities (including multipurpose wide- included is revenue derived from the band) which provide voice grade serv- provision of basic switching and trans- ices for the transmission of analog sig- fer arrangements used to connect pri- nals. It includes revenue from services vate line channels. such as voice, data and telephoto com- (7) Charges and credits resulting from munication, as well as remote meter- contractual revenue pooling and/or sharing agreements for tariffed long ing, supervisory control, miscellaneous distance public network services and signaling and channels furnished for for tariffed long distance private net- the purpose of extending customer— work services. provided communications systems. It includes revenue from the provision of [67 FR 5692, Feb. 6, 2002] facilities between customer premises and a serving office, a carrier distribu- § 32.5200 Miscellaneous revenue. tion point, or an extension distribution This account shall include revenue channel. derived from the following sources, as (3) Private network circuits and fa- well as revenue of the type and char- cilities furnished for audio program acter detailed in Account 5230, Direc- transmission purposes, such as radio tory revenue. broadcasting, sound recording (wired (a) Rental or subrental to others of music) and loud speaker services. It in- telecommunications plant furnished cludes revenue from the provision of apart from telecommunications serv- facilities for the transmission of ana- ices rendered by the company (this rev- log signals between customer premises enue includes taxes when borne by the and a serving office, a carrier distribu- lessee). It includes revenue from the tion point, or an extension distribution rent of such items as space in conduit, channel furnished in connection with pole line space for attachments, and such services. It also includes revenue any allowance for return on property from facilities furnished to carry the used in joint operations and shared fa- audio portion of a television program if cilities agreements. The expense of

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maintaining and operating the rented (f) The provision of billing and collec- property, including depreciation and tion services to other telecommuni- insurance, shall be included in the ap- cations companies. This includes propriate operating expense accounts. amounts charged for services such as Taxes applicable to the rented property message recording, billing, collection, shall be included by the owner of the billing analysis, and billing informa- rented property in appropriate tax action services, whether rendered under counts. When land or buildings are tariff or contractual arrangements. rented on an incidental basis for non- (g) Charges and credits resulting telecommunications use, the rental from contractual revenue pooling and/ and expenses are included in Account or sharing agreements for activities in- 7300, Nonoperating income and expense. cluded in the miscellaneous revenue (b) Services rendered to other compa- accounts only when they are not iden- nies under a license agreement, general tifiable by miscellaneous revenue ac- services contract, or other arrange- count in the settlement process. (See ment providing for the furnishing of also § 32.4999(e)). The extent that the general accounting, financial, legal, charges and credits resulting from a patent, and other general services asso- settlement process can be identified by ciated with the provision of regulated miscellaneous revenue accounts they telecommunications services. (See also shall be recorded in the applicable ac- Account 5230.) count. (c) The provision, either under tariff (h) The provision of transport and or through contractual arrangements, termination of local telecommuni- of special billing information to cus- cations traffic pursuant to section tomers in the form of magnetic tapes, 251(c) of the Communications Act and cards or statements. Special billing in- part 51 of this chapter. formation provides detail in a format (i) The provision of unbundled net- and/or at a level of detail not normally work elements pursuant to section provided in the standard billing ren- 251(c) of the Communications Act and dered for the regulated telephone serv- part 51 of this chapter. ices utilized by the customer. (j) This account shall also include (d) The performance of customer op- other incidental regulated revenue erations services for others incident to such as: the company’s regulated telecommuni- (1) Collection overages (collection cations operations which are not pro- shortages shall be charged to Account vided for elsewhere. (See also §§ 32.14(e) 6623, Customer services); and 32.4999(e)). (2) Unclaimed refunds for tele- (e) Contract services (plant mainte- communications services when not sub- nance) performed for others incident to ject to escheats; the company’s regulated telecommuni- (3) Charges (penalties) imposed by cations operations. This includes rev- the company for customer checks re- enue from the incidental performance turned for non-payment; of nontariffed operating and mainte- (4) Discounts allowed customers for nance activities for others which are prompt payment; similar in nature to those activities (5) Late-payment charges; which are performed by the company in (6) Revenue from private mobile tele- operating and maintaining its own phone services which do not have ac- telecommunications plant facilities. cess to the public switched network; The records supporting the entries in and this account shall be maintained with (7) Other incidental revenue not pro- sufficient particularity to identify the vided for elsewhere in other Revenue revenue and associated Plant Specific accounts. Operations Expenses related to each (k) Any definitely known amounts of undertaking. This account does not in- losses of revenue collections due to fire clude revenue related to the perform- or theft, at customers’ coin-box sta- ance of operation or maintenance actions, at public or semipublic tele- tivities under a joint operating agree- phone stations, in the possession of col- ment. lectors en route to collection offices,

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on hand at collection offices, and be- lated activity as set forth in paragraph tween collection offices and banks (a) of this section. shall be charged to Account 6720, Gen- [53 FR 49322, Dec. 7, 1988, as amended at 64 eral and Administrative. FR 50008, Sept. 15, 1999; 67 FR 5694, Feb. 6, [69 FR 53650, Sept. 2, 2004, as amended at 82 2002] FR 20842, May 4, 2017] § 32.5300 Uncollectible revenue. § 32.5230 Directory revenue. This account shall be charged with amounts concurrently credited to Ac- This account shall include revenue count 1170, Receivables. derived from alphabetical and classified sections of directories and shall [67 FR 5694, Feb. 6, 2002] also include fees paid by other entities for the right to publish the company’s Subpart E—Instructions for directories. Items to be included are: Expense Accounts (a) All revenue derived from the classified section of the directories; § 32.5999 General. (b) Revenue from the sale of new tele- (a) Structure of the expense accounts. phone directories whether they are the (1) The expense section of the system of company’s own directories or direc- accounts shall be organized by expense tories purchased from others. This group summary account, and sub- shall also include revenue from the sidiary record category (if required). sale of specially bound telephone direc- (2) The expense section of this system tories and special telephone directory of accounts shall be comprised of four covers; major expense groups—Plant Specific (c) Amounts charged for additional Operations, Plant Nonspecific Oper- and boldface listings, marginal dis- ations, Customer Operations and Cor- plays, inserts, and other advertise- porate Operations. Expenses to be re- ments in the alphabetical section of corded in Plant Specific and Plant the company’s telephone directories; Nonspecific Operations Expense Groups and generally reflect cost associated with (d) Charges for unlisted and non-pub- the various kinds of equipment identi- lished telephone numbers. fied in the plant asset accounts. Ex- penses to be recorded in the Customer [69 FR 44607, July 27, 2004] Operations and Corporate Operations accounts reflect the costs of, or are as- § 32.5280 Nonregulated operating revenue. sociated with, functions performed by people, irrespective of the organization (a) This account shall include reve- in which any particular function is per- nues derived from a nonregulated ac- formed. tivity involving the common or joint (3) Accounts shall be maintained as use of assets or resources in the provi- prescribed in this section subject to the sion of regulated and nonregulated conditions described in § 32.13 in sub- products or services. part B. Subsidiary record categories (b) This account shall be debited and may be required below the account regulated revenue accounts shall be level by this system of accounts or by credited at tariffed rates when tariffed Commission order. services are provided to nonregulated (b) Plant Specific Operations Expense. activities that are accounted for as (1) The Plant Specific Operations Ex- prescribed in § 32.23(c) of this subpart. pense Accounts, 6110 through 6441, are (c) Separate subsidiary record cat- used to record costs related to specific egories shall be maintained for two kinds of telecommunications plant. groups of nonregulated revenue as fol- (2) The Plant Specific Operations Ex- lows: one subsidiary record for all reve- pense accounts predominantly mirror nues derived from regulated services the telecommunications plant in serv- treated as nonregulated for federal ac- ice detail accounts and are numbered counting purposes pursuant to Com- consistently with them; the first digit mission order and the second for all of the expense account being six (6) and other revenues derived from a nonregu- the remaining digits being the same as

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the last three numbers of the related shall include the costs of performing plant account. In classifying Plant activities described in narratives for Specific Operations expenses, the text individual accounts. These costs shall of the corresponding plant account also include the costs of supervision should be consulted to ensure appro- and office support of these activities. priateness. (d) Customer Operations Expense. The (3) The Plant Specific Operations Ex- Customer Operations Expense accounts pense accounts shall include the costs shall include the cost of performing of inspecting, testing (except as speci- customer related marketing and serv- fied in Account 6533, Testing Expense) ices activities described in narratives and reporting on the condition of tele- for individual accounts. These costs communications plant to determine shall also include the costs of super- the need for repairs, replacements, revision, office support and training for arrangements and changes; performing these activities. routine work to prevent trouble (ex- (e) Corporate Operations Expense. The cept as specified in Account 6533), re- Corporate Operations Expense accounts placing items of plant other than re- shall include the costs of performing tirement units; rearranging and chang- executive and planning activities and ing the location of plant not retired; general and administrative activities repairing material for reuse; restoring described in narratives for individual the condition of plant damaged by accounts. These costs shall also include storms, floods, fire or other casualties the costs of supervision, office support (other than the cost of replacing retire- and training for these activities. ment units); inspecting after repairs (f) Reimbursements. Reimbursements have been made; and receiving training of actual costs incurred in connection to perform these kinds of work. Also with joint operations or projects re- included are the costs of direct super- pairing plant due to damages by oth- vision (immediate of first-level) and of- ers, and obligations to make changes in fice support of this work. telecommunications plant (such as (4) In addition to the activities speci- highway relocations), shall be credited fied in paragraph (b)(3) of this section, to the accounts originally charged. the appropriate Plant Specific Oper- ations Expense accounts shall include (g) Expense accounts to be maintained. the cost of personnel whose principal Account title job is the operation of plant equipment, such as general purpose com- Income Statement Accounts puter operators, aircraft pilots, chauf- Plant specific operations expense: feurs and shuttle bus drivers. However, Network support expense ...... 6110 General support expenses ...... 6120 when the operation of equipment is Central office switching expense ...... 6210 performed as part of other identifiable Operators system expense ...... 6220 functions (such as the use of office Central office transmission expenses ...... 6230 equipment, capital tools or motor vehi- Information origination/termination expense 6310 cles), the operators’ cost shall be Cable and wire facilities expenses ...... 6410 charged to accounts appropriate for Plant nonspecific operations expense: Other property plant and equipment ex- 6510 those functions. (For costs of operator penses. services personnel, see Accounts 6621, Network operations expenses ...... 6530 Call completion services, and 6622, Access expense ...... 6540 Number services, and for costs of test Depreciation and amortization expenses ..... 6560 board personnel see Account 6533.) Customer operations expense: (c) Plant nonspecific operations ex- Marketing ...... 6610 pense. The Plant Nonspecific Oper- Services ...... 6620 Corporate operations expense: ations Expense accounts shall include General and administrative ...... 6720 expenses related to property held for Provision for uncollectible notes receivable 6790 future telecommunications use, provisioning expenses, network operations [51 FR 43499, Dec. 2, 1986, as amended at 52 expenses, and depreciation and amorti- FR 7580, Mar. 12, 1987; 64 FR 50008, Sept. 15, zation expenses. Accounts in this group 1999; 65 FR 16335, Mar. 28, 2000; 67 FR 5694, (except for Account 6540, Access ex- Feb. 6, 2002; 69 FR 53651, Sept. 2, 2004; 82 FR pense, and Accounts 6560 through 6565) 20842, May 4, 2017]

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§ 32.6110 Network support expenses. work equipment. This account shall be (a) Companies shall use this account charged with costs incurred in connec- for expenses of the type and character tion with the work equipment itself. detailed in Accounts 6112 through 6114. This account shall also include such (b) Credits shall be made to this ac- costs as fuel, licenses and inspection count by companies for amounts trans- fees, washing, repainting and minor ac- ferred to Construction and/or other cessories. The costs of using garage Plant Specific Operations Expense ac- work equipment to maintain motor ve- counts. These amounts shall be com- hicles shall be charged to Account 6112, puted on the basis of direct labor Motor vehicles expense. This account hours. shall not be charged with the costs of operators of special purpose vehicles [82 FR 20842, May 4, 2017] and other work equipment. The costs § 32.6112 Motor vehicle expense. of operators of this equipment shall be charged to accounts appropriate for the (a) This account shall include costs activities performed. of fuel, lubrications, license and in- (b) Credits shall be made to this ac- spection fees, washing, repainting, and count for amounts related to special minor accessories. Also included are purpose vehicles and other work equip- the costs of personnel whose principal job is operating motor vehicles, such as ment transferred to Construction and/ chauffeurs and shuttle bus drivers. The or to other Plant Specific Operations costs of users of motor vehicles whose Expense accounts. These amounts shall principal job is not the operation of be computed on the basis of direct motor vehicles shall be charged to ac- labor hours. counts appropriate for the activities [64 FR 50008, Sept. 15, 1999, as amended at 67 performed. FR 5695, Feb. 6, 2002] (b) Credits shall be made to this account for amounts transferred to Con- § 32.6120 General support expenses. struction and/or to other Plant Specific Companies shall use this account for Operations Expense accounts. These expenses of the type and character de- amounts shall be computed on the tailed in Accounts 6121 through 6124. basis of direct labor hours. [82 FR 20842, May 4, 2017] [51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5695, Feb. 6, 2002] § 32.6121 Land and building expense. § 32.6113 Aircraft expense. (a) This account shall include ex- (a) This account shall include such penses associated with land and build- costs as aircraft fuel, flight crews, me- ings (excluding amortization of lease- chanics and ground crews, licenses and hold improvements). This account shall inspection fees, washing, repainting, also include janitorial service, cleaning and minor accessories. supplies, water, sewage, fuel and guard (b) Credits shall be made to this ac- service, and electrical power. count for amounts transferred to Con- (b) The cost of electrical power used struction and/or to other Plant Specific to operate the telecommunications Operations Expense accounts. These network shall be charged to Account amounts shall be computed on the 6531, Power Expense, and the cost of basis of direct labor hours. separately metered electricity used for [51 FR 43499, Dec. 2, 1986, as amended at 67 operating specific types of equipment, FR 5695, Feb. 6, 2002] such as computers, shall be charged to the expense account appropriate for § 32.6114 Tools and other work equip- such use. ment expense. (a) This account shall include costs § 32.6122 Furniture and artworks ex- incurred in connection with special pense. purpose vehicles, garage work equip- This account shall include expenses ment and other work equipment in- associated with furniture and cluded in Account 2114, Tools and other artworks.

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§ 32.6123 Office equipment expense. (c) This subaccount 6212.2 Packet This account shall be charged only shall include expenses associated with with costs incurred in connection with digital electronic switching equipment the office equipment itself. The costs used to provide packet switching. of operators of this equipment shall be [67 FR 5695, Feb. 6, 2002] charged to accounts appropriate for the activities performed. § 32.6220 Operator systems expense. § 32.6124 General purpose computers This account shall include expenses expense. associated with operator systems equipment. This account shall include the costs of personnel whose principal job is the § 32.6230 Central office transmission physical operation of general purpose expense. computers and the maintenance of operating systems. This excludes the cost Companies shall use this account for of preparation of input data or the use expenses of the type and character de- of outputs which are chargeable to the tailed in Accounts 6231 and 6232. accounts appropriate for the activities [82 FR 20842, May 4, 2017] being performed. Also excluded are costs incurred in planning and main- § 32.6231 Radio systems expense. taining application systems and databases for general purpose computers. This account shall include expenses (See also § 32.6720, General and adminis- associated with radio systems. trative.) Separately metered elec- [51 FR 43499, Dec. 2, 1986, as amended at 67 tricity for general purpose computers FR 5695, Feb. 6, 2002] shall also be included in this account. [67 FR 5695, Feb. 6, 2002] § 32.6232 Circuit equipment expense. (a) This account shall include ex- § 32.6210 Central office switching expenses associated with circuit equip- penses. ment. Circuit equipment expenses shall Class B telephone companies shall be maintained in the following sub- use this account for expenses of the accounts: 6232.1 Electronic, 6232.2 Opti- type and character required of Class A cal. companies in Accounts 6211 through (b) This subaccount 6232.1 Electronic 6212. shall include expenses associated with [67 FR 5695, Feb. 6, 2002] electronic circuit equipment. (c) This subaccount 6232.2 Optical § 32.6211 Non-digital switching ex- shall include expenses associated with pense. optical circuit equipment. This account shall include expenses associated with non-digital electronic [67 FR 5695, Feb. 6, 2002] switching and electro-mechanical § 32.6310 Information origination/ter- switching. mination expenses. [67 FR 5695, Feb. 6, 2002] Companies shall use this account for expenses of the type and character de- § 32.6212 Digital electronic switching expense. tailed in Accounts 6311 through 6362. (a) This account shall include ex- [82 FR 20842, May 4, 2017] penses associated with digital electronic switching. Digital electronic § 32.6311 Station apparatus expense. switching expenses shall be maintained This account shall include expenses in the following subaccounts: 6212.1 associated with station apparatus. Ex- Circuit, 6212.2 Packet. penses associated with company inter- (b) This subaccount 6212.1 Circuit nal use communication equipment shall include expenses associated with shall be recorded in Account 6123, Of- digital electronic switching equipment fice Equipment Expense. used to provide circuit switching.

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

§ 32.6351 Public telephone terminal § 32.6426 Intrabuilding network cable equipment expense. expense. This account shall include expenses (a) This account shall include ex- associated with public telephone ter- penses associated with intrabuilding minal equipment. network cable. (b) Subsidiary record categories shall § 32.6362 Other terminal equipment be maintained as provided in § 32.2426(a) expense. of subpart C. This account shall include expenses associated with other terminal equip- § 32.6431 Aerial wire expense. ment. This account shall include expenses associated with aerial wire. § 32.6410 Cable and wire facilities expenses. § 32.6441 Conduit systems expense. Companies shall use this account for This account shall include expenses expenses of the type and character de- associated with conduit systems. tailed in Accounts 6411 through 6441. § 32.6510 Other property, plant and [82 FR 20842, May 4, 2017] equipment expenses. § 32.6411 Poles expense. Companies shall use this account for expenses of the type and character de- This account shall include expenses tailed in Accounts 6511 and 6512. associated with poles. [82 FR 20842, May 4, 2017] § 32.6421 Aerial cable expense. (a) This account shall include ex- § 32.6511 Property held for future telecommunications use expense. penses associated with aerial cable. (b) Subsidiary record categories shall This account shall include expenses be maintained as provided in § 32.2421(a) associated with property held for fu- of subpart C. ture telecommunications use.

§ 32.6422 Underground cable expense. § 32.6512 Provisioning expense. (a) This account shall include ex- (a) This account shall include costs penses associated with underground incurred in provisioning material and supplies, including office supplies. This cable. includes receiving and stocking, filling (b) Subsidiary record categories shall requisitions from stock, monitoring be maintained as provided in § 32.2422(a) and replenishing stock levels, delivery of subpart C. of material, storage, loading or unload- ing and administering the reuse or re- § 32.6423 Buried cable expense. furbishment of material. Also included (a) This account shall include ex- are adjustments resulting from the penses associated with buried cable. periodic inventory of material and sup- (b) Subsidiary record categories shall plies. be maintained as provided in § 32.2423(a) (b) Credits shall be made to this ac- of subpart C. count for amounts transferred to construction and/or to Plant Specific Oper- ations Expense. These costs are to be

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cleared by adding to the cost of mate- (b) Credits shall be made to this ac- rial and supplies a suitable loading count for amounts transferred to con- charge. struction accounts. These amounts [67 FR 5696, Feb. 6, 2002] shall be computed on the basis of direct labor hours. (See § 32.2000(c)(2)(ii) of § 32.6530 Network operations expense. subpart C.) Companies shall use this account for expenses of the type and character de- § 32.6535 Engineering expense. tailed in Accounts 6531 through 6535. (a) This account shall include costs [82 FR 20843, May 4, 2017] incurred in the general engineering of the telecommunications plant which § 32.6531 Power expense. are not directly chargeable to an un- This account shall include the cost of dertaking or project. This includes de- electrical power used to operate the veloping input to the fundamental telecommunications network. planning process, performing preliminary work or advance planning in con- § 32.6532 Network administration ex- nection with potential undertakings, pense. and performing special studies of an This account shall include costs in- engineering nature. curred in network administration. This (b) Credits shall be made to this ac- includes such activities as controlling count for amounts transferred to con- traffic flow, administering traffic struction accounts. These amounts measuring and monitoring devices, as- shall be computed on the basis of direct signing equipment and load balancing, labor hours. (See § 32.2000(c)(2)(ii) of collecting and summarizing traffic subpart C.) data, administering trunking, and assigning interoffice facilities and circuit § 32.6540 Access expense. layout work. (a) This account shall include § 32.6533 Testing expense. amounts paid by interexchange carriers or other exchange carriers to an- This account shall include costs in- other exchange carrier for the provi- curred in testing telecommunications sion of carrier’s carrier access. facilities from a testing facility (test desk or other testing system) to deter- (b) Subsidiary record categories shall mine the condition of plant on either a be maintained in order that the entity routine basis or prior to assignment of may separately report interstate and the facilities; receiving, recording and intrastate carrier’s carrier expense. analyzing trouble reports; testing to Such subsidiary record categories shall determine the nature and location of be reported as required by part 43 of reported trouble condition; and dis- this Commission’s Rules and Regula- patching repair persons or otherwise tions. initiating corrective action. (Note also [52 FR 43917, Nov. 17, 1987] § 32.5999(b)(3) of this subpart.) § 32.6560 Depreciation and amortiza- § 32.6534 Plant operations administration expenses. tion expense. (a) This account shall include costs Companies shall use this account for incurred in the general administration expenses of the type and character de- of plant operations. This includes su- tailed in Accounts 6561 through 6565. pervising plant operations (except as [82 FR 20843, May 4, 2017] specified in § 32.5999(a)(3) of this subpart; planning, coordinating and moni- § 32.6561 Depreciation expense—tele- toring plant operations; and per- communications plant in service. forming staff work such as developing This account shall include the depre- methods and procedures, preparing and ciation expense of capitalized costs in conducting training (except on-the-job Accounts 2112 through 2441, inclusive. training) and coordinating safety programs. [69 FR 44607, July 27, 2004]

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§ 32.6562 Depreciation expense—prop- (b) Costs incurred in selling products erty held for future telecommuni- and services. This includes determina- cations use. tion of individual customer needs, de- This account shall include the depre- velopment and presentation of cus- ciation expense of capitalized costs in- tomer proposals, sales order prepara- cluded in Account 2002, Property held tion and handling, and preparation of for future telecommunications use. sales records. [69 FR 53652, Sept. 2, 2004] [67 FR 5696, Feb. 6, 2002]

§ 32.6563 Amortization expense—tan- § 32.6613 Product advertising. gible. This account shall include costs in- This account shall include only the curred in developing and implementing amortization of costs included in Ac- promotional strategies to stimulate counts 2681, Capital leases, and 2682, the purchase of products and services. Leasehold improvements. This excludes nonproduct-related advertising, such as corporate image, [69 FR 44607, July 27, 2004] stock and bond issue and employment § 32.6564 Amortization expense—intan- advertisements, which shall be in- gible. cluded in the appropriate functional accounts. This account shall include the amortization of costs included in Account § 32.6620 Services. 2690, Intangibles. Companies shall use this account for [69 FR 44607, July 27, 2004] expenses of the type and character detailed in Accounts 6621 through 6623. § 32.6565 Amortization expense—other. (a) This account shall include only [82 FR 20843, May 4, 2017] the amortization of costs included in Account 2005, Telecommunications § 32.6621 Call completion services. plant adjustment. This account shall include costs in- (b) This account shall also include curred in helping customers place and lump-sum write offs of amounts of complete calls, except directory assist- plant acquisition adjustment as pro- ance. This includes handling and re- vided for in § 32.2005(b)(3) of subpart C. cording; intercept; quoting rates, time (c) Subsidiary records shall be main- and charges; and all other activities in- tained so as to show the character of volved in the manual handling of calls. the amounts contained in this account. [69 FR 44607, July 27, 2004] [69 FR 44607, July 27, 2004] § 32.6622 Number services. § 32.6610 Marketing. This account shall include costs in- Companies shall use this account for curred in providing customer number expenses of the type and character de- and classified listings. This includes tailed in Accounts 6611 through 6613. preparing or purchasing, compiling, and disseminating those listings [82 FR 20843, May 4, 2017] through directory assistance or other § 32.6611 Product management and means. sales. § 32.6623 Customer services. This account shall include: (a) Costs incurred in performing ad- (a) This account shall include costs ministrative activities related to mar- incurred in establishing and servicing keting products and services. This in- customer accounts. This includes: cludes competitive analysis, product (1) Initiating customer service orders and service identification and speci- and records; fication, test market planning, demand (2) Maintaining and billing customer forecasting, product life cycle analysis, accounts; pricing analysis, and identification and (3) Collecting and investigating cus- establishment of distribution channels. tomer accounts, including collecting

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

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(h) Procuring material and supplies, Subpart F—Instructions For Other including office supplies. This includes Income Accounts analyzing and evaluating suppliers’ products, selecting appropriate sup- § 32.6999 General. pliers, negotiating supply contracts, (a) Structure of the other income ac- placing purchase orders, expediting and counts. The other income accounts are controlling orders placed for material, designed to reflect both operating and developing standards for material pur- nonoperating income items including chased and administering vendor or taxes, extraordinary items and other user claims. income and expense items not properly (i) Making planned search or critical included elsewhere. investigation aimed at discovery of (b) Other income accounts listing. new knowledge. It also includes trans- Account title lating research findings into a plan or design for a new product or process or Other operating income and expense: for a significant improvement to an ex- Other operating income and expense ...... 7100 Operating taxes: isting product or process, whether in- Operating taxes ...... 7200 tended for sale or use. This excludes Nonoperating income and expense: Nonoperating income and expense ...... 7300 making routine alterations to existing Nonoperating taxes: products, processes, and other ongoing Nonoperating taxes ...... 7400 operations even though those alter- Interest and related items: Interest and related items ...... 7500 ations may represent improvements. Extraordinary items ...... 7600 (j) Performing general administra- Jurisdictional differences and non-regulated in- tive activities not directly charged to come items: Income effect of jurisdictional ratemaking 7910 the user, and not provided in para- difference—net. graphs (a) through (i) of this section. Nonregulated net income ...... 7990 This includes providing general reference libraries, food services (e.g., [82 FR 20843, May 4, 2017] cafeterias, lunch rooms and vending facilities), archives, general security in- § 32.7100 Other operating income and vestigation services, operating official expenses. private branch exchanges in the con- This account shall be used to record duct of the business, and telecommuni- the results of transactions, events or cations and mail services. Also in- circumstances during the periods cluded are payments in settlement of which are incidental or peripheral to accident and damage claims, insurance the major or central operations of the premiums for protection against losses company. It shall be used to record all and damages, direct benefit payments items of an operating nature such as to or on behalf of retired and separated incidental work performed for others employees, accident and sickness dis- not provided for elsewhere. Whenever practicable the inflows and outflows ability payments, supplemental pay- associated with a transaction, event or ments to employees while in govern- circumstances shall be matched and mental service, death payments, and the result shown as a net gain or loss. other miscellaneous costs of a cor- This account shall include the fol- porate nature. This account excludes lowing: the cost of office services, which are to (a) Profits realized from custom work be included in the accounts appropriate (plant construction) performed for oth- for the activities supported. ers incident to the company’s regu- [67 FR 5696, Feb. 6, 2002] lated telecommunications operations. This includes profits from the inci- § 32.6790 Provision for uncollectible dental performance of nontariffed con- notes receivable. struction activities (including associated engineering and design) for others This account shall be charged with which are similar in nature to those amounts concurrently credited to Ac- activities which are performed by the count 1170, Receivables. company in constructing its own tele- [67 FR 5697, Feb. 6, 2002] communications plant facilities. The

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records supporting the entries in this tion shall be determined in relation to account for income and custom work the period of time used for computing shall be maintained with sufficient book depreciation on the property with particularity to identify separately the respect to which the tax credits relate. revenue and costs associated with each undertaking. [51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5698, Feb. 6, 2002] (b) Return on investment for the use of regulated property plant and equip- § 32.7220 Operating Federal income ment to provide nonregulated products taxes. and services. (c) All gains and losses resulting (a) This account shall be charged and from the exchange of foreign currency. Account 4070, Income Taxes-Accrued, Transaction (realized) gains or losses shall be credited for the amount of shall be measured based on the ex- Federal Income Taxes for the current change rate in effect on the trans- period. This account shall also reflect action date. Unrealized gains or losses subsequent adjustments to amounts shall be measured based on the ex- previously charged. change rate in effect at the balance (b) Taxes should be accrued each sheet date. month on an estimated basis and ad- (d) Gains or losses resulting from the justments made as later data becomes disposition of land or artworks. available. (e) Charges or credits, as appropriate, (c) Tax credits, other than invest- to record the results of transactions, ment tax credits, if normalized, shall events or circumstances which are of be recorded consistent with the ac- an operational nature, but occur irreg- counting for investment tax credits ularly or are peripheral to the major or and shall be amortized to income as di- central operations of the company and rected by this Commission. not provided for elsewhere. (d) No entries shall be made to this [67 FR 5698, Feb. 6, 2002] account to reflect interperiod tax allocations. § 32.7199 Content of accounts. The Operating Tax accounts shall in- § 32.7230 Operating state and local income taxes. clude the taxes arising from the central operations of the company. (a) This account shall be charged and Account 4070, Income Taxes—Accrued, § 32.7200 Operating taxes. shall be credited for the amount of Companies shall use this account for state and local income taxes for the operating taxes of the type and char- current period. This account shall also acter detailed in Accounts 7210 through reflect subsequent adjustments to 7250. amounts previously charged. (b) Taxes should be accrued each [82 FR 20843, May 4, 2017] month on an estimated basis and ad- § 32.7210 Operating investment tax justments made as later data becomes credits—net. available. (a) This account shall be charged and (c) No entries shall be made to this Account 4320, Unamortized Operating account to reflect interperiod tax allo- Investment Tax Credits—Net, shall be cations. credited with investment tax credits § 32.7240 Operating other taxes. generated from qualified expenditures related to regulated operations which (a) This account shall be charged and the company defers rather than recog- Account 4080, Other Taxes—Accrued, nizes currently in income. shall be credited for all taxes, other (b) This account shall be credited and than Federal, state and local income Account 4320 shall be charged ratably taxes and payroll related taxes, related with the amortization of each year’s to regulated operations applicable to investment tax credits included in Ac- current periods. Among the items in- count 4320 for investment services for cludable in this account are property, ratemaking purposes. Such amortiza- gross receipts, franchise and capital

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stock taxes; this account shall also re- § 32.7300 Nonoperating income and ex- flect subsequent adjustments to pense. amounts previously charged. This account shall be used to record (b) Special assessments for street and the results of transactions, events and other improvements and special benefit circumstances affecting the company taxes, such as water taxes and the like, during a period and which are not oper- shall be included in the operating ex- ational in nature. This account shall pense accounts or investment ac- include such items as nonoperating counts, as may be appropriate. taxes, dividend income and interest in- (c) Discounts allowed for prompt pay- come. Whenever practicable, the ment of taxes shall be credited to the inflows and outflows associated with a account to which the taxes are charge- transaction or event shall be matched able. and the result shown as a net gain or (d) Interest on tax assessments which loss. This account shall include the fol- are not paid when due shall be included lowing: in Account 7500, Interest and related (a) Dividends on investments in com- items. mon and preferred stock, which is the (e) Taxes paid by the company under property of the company, whether such tax-free covenants on indebtedness stock is owned by the company and shall be charged to Account 7300, Non- held in its treasury, or deposited in operating income and expense. trust including sinking or other funds, (f) Sales and use taxes shall be ac- or otherwise controlled. counted for, so far as practicable, as (b) Dividends received and receivable part of the cost of the items to which from affiliated companies accounted the taxes relate. for on the equity method shall be included in Account 1410, Other noncur- (g) Taxes on rented telecommuni- rent assets, as a reduction of the car- cations plant which are borne by the rying value of the investments. lessee shall be credited by the owner to (c) Interest on securities, including Account 5200, Miscellaneous revenue, notes and other evidences of indebted- and shall be charged by the lessee to ness, which are the property of the the appropriate Plant Specific Oper- company, whether such securities are ations Expense account. owned by the company and held in its [51 FR 43499, Dec. 2, 1986, as amended at 67 treasury, or deposited in trust includ- FR 5698, Feb. 6, 2002] ing sinking or other funds, or otherwise controlled. It shall also include in- § 32.7250 Provision for deferred oper- terest on cash bank balances, certifi- ating income taxes—net. cates of deposits, open accounts, and (a) This account shall be charged or other analogous items. credited, as appropriate, with contra en- (d) For each month the applicable tries recorded to the following accounts amount requisite to extinguish, during for income tax expense that has been the interval between the date of acqui- deferred in accordance with § 32.22 of sition and date of maturity, the dif- subpart B. ference between the purchase price and the par value of securities owned or 4100 Net Current Deferred Operating Income held in sinking or other funds, the in- Taxes come from which is includable in this 4340 Net Noncurrent Deferred Operating In- come Taxes account. Amounts thus credited or charged shall be concurrently included (b) Subsidiary record categories shall in the accounts in which the securities be maintained to distinguish between are carried. property and nonproperty related de- (e) Amounts charged to the tele- ferrals and so that the company may communications plant under construc- separately report that amounts con- tion account related to allowance for tained herein that relate to Federal, funds used during construction. (See state and local income taxes. Such sub- § 32.2000(c)(2)(x).) sidiary record categories shall be re- (f) Gains or losses resulting from: ported as required by part 43 of this (1) The disposition of land or Commission’s Rules and Regulations. artworks;

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(2) The disposition of plant with traf- not include such expenditures which fic; are directly related to communications (3) The disposition of nonoperating with and appearances before regulatory telecommunications plant not pre- or other governmental bodies in con- viously used in the provision of tele- nection with the reporting utility’s ex- communications services. isting or proposed operations; (g) All other items of income and (2) Contributions for charitable, so- gains or losses from activities not special or community welfare purposes; cifically provided for elsewhere, includ- (3) Membership fees and dues in so- ing representative items such as: cial, service and recreational or ath- (1) Fees collected in connection with letic clubs and organizations; the exchange of coupon bonds for reg- (4) Penalties and fines paid on ac- istered bonds; count of violations of statutes. This ac- (2) Gains or losses realized on the count shall also include penalties and sale of temporary cash investments or fines paid on account of violations of marketable equity securities; U.S. antitrust statutes, including (3) Net unrealized losses on invest- judgements and payments in settlements in current marketable equity se- ment of civil and criminal suits alleg- curities; ing such violations; and (4) Write-downs or write-offs of the (5) Abandoned construction projects. book costs of investment in equity se- (i) Cash discounts on bills for mate- curities due to permanent impairment; rial purchased shall not be included in (5) Gains or losses of nonoperating this account. nature arising from foreign currency [67 FR 5698, Feb. 6, 2002] exchange or translation; (6) Gains or losses from the extin- § 32.7400 Nonoperating taxes. guishment of debt made to satisfy This account shall include taxes aris- sinking fund requirements; ing from activities which are not a part (7) Amortization of goodwill; of the central operations of the entity. (8) Company’s share of the earnings (a) This account shall be charged and or losses of affiliated companies ac- Account 4330, Unamortized nonop- counted for on the equity method; and erating investment tax credits—net, (9) The net balance of the revenue shall be credited with investment tax from and the expenses (including de- credits generated from qualified ex- preciation, amortization and insur- penditures related to other operations ance) of property, plant, and equip- which the company has elected to defer ment, the cost of which is includable in rather than recognize currently in in- Account 2006, Nonoperating plant. come. (h) Costs that are typically given spe- (b) This account shall be credited and cial regulatory scrutiny for rate- Account 4330 shall be charged with the making purposes. Unless specific jus- amortization of each year’s investment tification to the contrary is given, such tax credits included in such accounts costs are presumed to be excluded from relating to amortization of previously the costs of service in setting rates. deferred investment tax credits of (1) Lobbying includes expenditures other property or regulated property, for the purpose of influencing public the amortization of which does not opinion with respect to the election or serve to reduce costs of service (but the appointment of public officials, unamortized balance does reduce rate referenda, legislation, or ordinances base) for ratemaking purposes. Such (either with respect to the possible amortization shall be determined with adoption of new referenda, legislation reference to the period of time used for or ordinances, or repeal or modifica- computing book depreciation on the tion of existing referenda, legislation property with respect to which the tax or ordinances) or approval, modifica- credits relate. tion, or revocation of franchises, or for (c) This account shall be charged and the purpose of influencing the deci- Account 4070, Income taxes—accrued, sions of public officials. This also in- shall be credited for the amount of cludes advertising, gifts, honoraria, nonoperating Federal income taxes and and political contributions. This does state and local income taxes for the

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current period. This account shall also classes of funded debt the principal of reflect subsequent adjustments to which is includable in Account 4200, amounts previously charged. Long term debt and funded debt. It (d) Taxes shall be accrued each shall also include the interest on fund- month on an estimated basis and ad- ed debt the maturity of which has been justments made as more current data extended by specific agreement. This becomes available. account shall be kept so that the inter- (e) Companies that adopt the flow- est on each class of funded debt may be through method of accounting for in- shown separately in the annual reports vestment tax credits shall reduce the to this Commission. calculated provision in this account by (b) These accounts shall not include the entire amount of the credit realized charges for interest on funded debt during the year. Tax credits, other issued or assumed by the company and than investment tax credits, if normal- held by or for it, whether pledged as ized, shall be recorded consistent with collateral or held in its treasury, in the accounting for investment tax special deposits or in sinking or other credits. funds. (f) No entries shall be made to this (c) Interest expressly provided for account to reflect interperiod tax allo- and included in the face amount of se- cation. curities issued shall be charged at the (g) Taxes (both Federal and state) time of issuance to Account 1280, Pre- shall be accrued each month on an esti- payments, and cleared to this account mated basis and adjustments made as as the term expires to which the inter- later data becomes available. est applies. (h) This account shall be charged and (d) This account shall also include Account 4080, Other taxes—accrued, monthly amortization of balances in shall be credited for all nonoperating Account 4200, Long-term debt and fund- taxes, other than Federal, state and ed debt. local income taxes, and payroll related (e) This account shall include the in- taxes for the current period. Among terest portion of each finance lease and the items includable in this account capitalized operating lease payment. are property, gross receipts, franchise (f) This account shall include the and capital stock taxes. This account monthly amortization of the balances shall also reflect subsequent adjust- in Account 1410, Other noncurrent as- ments to amounts previously charged. sets. (i) This account shall be charged or (g) This account shall include all in- credited, as appropriate, with contra terest deductions not provided for else- entries recorded to the following ac- where, e.g., discount, premium, and ex- counts for nonoperating tax expenses pense on notes maturing one year or that has been deferred in accordance less from date of issue. with § 32.22: 4110 Net Current Deferred (h) A list of representative items of Nonoperating Income Taxes, 4350 Net indebtedness, the interest on which is Noncurrent Deferred Nonoperating In- chargeable to this account, follows: come Taxes. (1) Advances from affiliated compa- (j) Subsidiary record categories shall nies; be maintained to distinguish between (2) Advances from nonaffiliated com- property and nonproperty related de- panies and other liabilities; ferrals and so that the company may (3) Assessments for public improve- separately report the amounts con- ments past due; tained herein that relate to Federal, (4) Bond coupons, matured and un- state and local income taxes. Such sub- paid; sidiary record categories shall be re- (5) Claims and judgments; ported as required by part 43 of this (6) Customers’ deposits; chapter. (7) Funded debt mature, with respect [67 FR 5699, Feb. 6, 2002] to which a definite agreement as to extension has not been made; § 32.7500 Interest and related items. (8) Notes payable on demand or ma- (a) This account shall include the turing one year or less from date of current accruals of interest on all issue;

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(9) Open accounts; count shall be recorded net of the ap- (10) Tax assessments, past due; and plicable income tax effects and shall be (11) Discount, premium, and issuance supported by appropriate subsidiary expense of notes maturing one year or records, where necessary, as provided less from date of issue. for in § 32.13(e) of subpart B.

[67 FR 5699, Feb. 6, 2002, as amended at 84 FR § 32.7990 Nonregulated net income. 4730, Feb. 19, 2019] (a) This account shall be used by § 32.7600 Extraordinary items. those companies who offer nonregu- (a) This account is intended to seg- lated activities that do not involve the regate the effects of events or trans- joint or common use of assets or re- actions that are extraordinary. Ex- sources used in the provision of both traordinary events and transactions regulated and nonregulated products are distinguished by both their unusual and services, and which have not estab- nature and by the infrequency of their lished a separate subsidiary for that occurrence, taking into account the en- purpose. vironment in which the company oper- (b) All revenue and expenses (includ- ates. This account shall also include ing taxes) incurred in these nonregu- the related income tax effect of the ex- lated activities shall be recorded on traordinary items. separate books of account for such op- (b) This account shall be credited erations. Only the net of the total reve- and/or charged with nontypical, non- nues and total expenses shall be re- customary and infrequently recurring corded in this account, with a contra gains and/or losses which would signifi- debit or credit to account 1406.3. cantly distort the current year’s in- [52 FR 6562, Mar. 4, 1987] come computed before such extraordinary items, if reported other than as Subpart G—Glossary extraordinary items. (c) This account shall be charged or § 32.9000 Glossary of terms. credited and Account 4070, Income When used in this system of ac- taxes—accrued, shall be credited or counts: charged for all current income tax ef- Accelerated depreciation means a defects (Federal, state and local) of ex- preciation method or period of time, traordinary items. including the treatment given cost of (d) This account shall also be charged removal and gross salvage, used in cal- or credited, as appropriate, with a culating depreciation deductions on in- contra amount recorded to Account come tax returns which is different 4350, Net noncurrent deferred nonop- from the depreciation method or period erating income taxes or Account 4110, of time prescribed by this Commission Net current deferred nonoperating infor use in calculating depreciation ex- come taxes for the income tax effects pense recorded in a company’s books of (Federal, state and local) of extraor- account. dinary items that have been deferred in Account means a specific element of a accordance with § 32.22. chart of accounts used to record, clas- [67 FR 5700, Feb. 6, 2002] sify and accumulate similar financial transactions resulting from the oper- § 32.7899 Content of accounts. ations of the entity. ‘‘Accounts’’ or Jurisdictional differences and non- ‘‘these accounts’’ refer to the accounts regulated income amounts shall be in- of this system of accounts. cluded in Accounts 7910 and 7990. Accounting system means the total set of interrelated principles, rules, re- § 32.7910 Income effect of jurisdic- quirements, definitions, accounts, tional ratemaking differences—net. records, procedures and mechanisms This account shall include the im- necessary to operate and evaluate the pact on revenues and expenses of the entity from a financial perspective. An jurisdictional ratemaking practices accounting system generally consists which vary from those of this Commis- of a chart of accounts, various parallel sion. All entries recorded in this ac- subsystems and subsidiary records. An

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accounting system is utilized to pro- Control (including the terms ‘‘con- vide the necessary financial informa- trolling,’’ ‘‘controlled by,’’ and ‘‘under tion to users to meet judiciary and common control with’’) means the pos- other responsibilities. session directly or indirectly, of the Affiliated companies means companies power to direct or cause the direction that directly or indirectly through one of the management and policies of a or more intermediaries, control or are company, whether such power is exer- controlled by, or are under common cised through one or more inter- control with, the accounting company. mediary companies, or alone, or in con- See also Control. junction with, or pursuant to an agree- Amortization means the systematic ment with, one or more other compa- recoveries, through ratable charges to nies, and whether such power is estab- expense, of the cost of assets. lished through a majority or minority Associated equipment means that ownership or voting of securities, com- equipment which functions with a spe- mon directors, officers, or stock- cific type of plant or with two (2) or holders, voting trusts, holding trusts, more types of plant, e.g., switching affiliated companies, contract, or any equipment, network power equipment, other direct or indirect means. circuit equipment, common channel Cost, except as applied to tele- network signaling equipment or net- communications plants, franchises, and work operations equipment. Associated patent rights, means the amount of equipment shall be classified to the ac- money actually paid (or the current count appropriate for the type of equip- money value of any consideration ment with which it is predominately other than money exchanged) for prop- used rather than on its own character- erty or services. See also Original Cost. istics. Cost of removal means the cost of de- Illustrative examples of associated molishing, dismantling, removing, equipment are: tearing down, or otherwise disposing of Alarm and signal apparatus telecommunications plant and recov- Auxiliary framing ering the salvage, including the cost of Cable and cable racks transportation and handling incident Distributing frames and equipment thereon Frame and aisle lighting equipment (not per- thereto. manently attached to the building) Depreciation means the loss not re- Relay racks and panels stored by current maintenance, in- Basic service area means the min- curred in connection with the con- imum specified calling area for which a sumption or prospective retirement of tariff is prescribed. telecommunications plant in the Book cost means the amount at which course of service from causes which are property is recorded in these accounts, known to be in current operation, without deduction of related allow- against which the company is not pro- ances. tected by insurance, and the effect of Common carrier or carrier means any which can be forecast with a reason- person engaged as a common carrier able approach to accuracy. Among the for hire, in interstate or foreign com- causes to be given consideration are munication by wire or radio or in wear and tear, decay, action of the ele- interstate or foreign radio trans- ments, inadequacy, obsolescence, mission of energy, except where ref- changes in technology, changes in de- erence is made to common carriers not mand and requirements of public au- subject to this Act; but a person en- thorities. gaged in radio broadcasting shall not, Entity means a legal enterprise (com- insofar as such person is so engaged, be mon carrier) engaged in interstate deemed a common carrier. communications within the meaning of Company or the company, when not the Communications Act of 1934, as otherwise indicated in the context, amended. means the accounting entity. It in- Group plan, as applied to depreciation cludes such unincorporated entities accounting, means the plan under which may be subject to the Commu- which depreciation charges are accrued nications Act of 1934, as amended. upon the basis of the original cost of

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all property included in each depre- Product Chain-type Price Index (GDP- ciable plant account, using the average CPI)). service life thereof properly weighted, Minor items, as applied to depreciable and upon the retirement of any depre- telecommunications plant, means any ciable property its cost is charged to part or element of such plant, which the depreciation reserve whether or not when removed, (with or without re- the particular item has attained the placement) does not initiate retire- average service life. ment accounting. Indexed revenue threshold for a given Original cost or cost, as applied to year means $100 million, adjusted for telecommunications plant, rights of inflation, as measured by the Depart- way and other intangible property, ment of Commerce Gross Domestic means the actual money cost of (or the Product Chain-type Price Index (GDP- current money value of any consider- CPI), for the period from October 19, ation other than money exchanged for) 1992 to the given year. The indexed rev- property at the time when it was pur- enue threshold for a given year shall be chased. determined by multiplying $100 million Plant retired means plant which has by the ratio of the annual value of the been removed, sold, abandoned, de- GDP-CPI for the given year to the esti- stroyed, or otherwise withdrawn from mated seasonally adjusted GDP-CPI on service. October 19, 1992. The indexed revenue Retirement units, as applied to depre- threshold shall be rounded to the near- ciable telecommunications plant, est $1 million. The seasonally adjusted means those items of plant which when GDP-CPI on October 19, 1992 is deter- removed (with or without replacement) mined to be 100.69. cause the initiation of retirement ac- Intangible property means assets that counting entries. have no physical existence but instead Salvage value means the amount re- have value because of the rights which ceived for property retired, if sold, or if ownership confers. retained for reuse, the amount at Intrasystems means assets consisting which the material recovered is of: chargeable to Account 1220, Material (1) PBX and Key System Common and Supplies, or other appropriate ac- Equipment (a switchboard or switching count. equipment shared by all stations); Straight-line method, as applied to de- (2) Associated CPE station equipment preciation accounting, means the plan (usually telephone or Key Telephone under which the cost of property is Systems); and charged to operating expenses and (3) Intrasystem wiring (all cable or credited to accumulated depreciation wiring and associated components through equal annual charges as nearly which connect the common equipment as may be during its service life. and the station equipment, located on Subsidiary record means accumulation the customer’s side of the demarcation of detailed information which is repoint). quired by this Commission to be main- An intrasystem does not include tained in support of entries to the ac- property, plant or equipment which are counts. not solely dedicated to its operation. Subsidiary record categories means Mid-sized incumbent local exchange those segregations of certain regulated carrier is a carrier whose annual rev- costs, expenses and revenues which enue from regulated telecommuni- must be maintained and are subject to cations operations equals or exceeds specific reporting requirements of this the indexed revenue threshold and Commission. whose revenue when aggregated with Subsystems, parallel mechanisms means the revenues of any local exchange car- processes or procedures which augment rier that it controls, is controlled by, the use of a chart of accounts in the fi- or with which it is under common con- nancial operation of the entity. These trol is less than $7 billion (indexed for subsystems operate on and/or process inflation as measured by the Depart- account and subsidiary record informa- ment of Commerce Gross Domestic tion for specific purposes.

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Telecommunications means any trans- 36.4 Streamlining procedures for processing mission, emission, or reception of petitions for waiver of study area bound- signs, signals, writing, images or aries. sounds or intelligence of any nature by Subpart B—Telecommunications Property wire, radio, visual or other electromagnetic systems. This encompasses GENERAL the aggregate of several modes of con- 36.101 Section arrangement. veying information, signals or mes- 36.102 General. sages over a distance. Included in the telecommunications industry is the GENERAL SUPPORT FACILITIES transmitting, receiving, or exchanging 36.111 General. of information among multiple loca- 36.112 Apportionment procedure. tions. The minimum elements required CENTRAL OFFICE EQUIPMENT for the telecommunications process to occur are a message source, a trans- 36.121 General. mission medium and a receiver. 36.122 Categories and apportionment procedures. Time of installation means the date at 36.123 Operator systems equipment—Cat- which telecommunications plant is egory 1. placed in service. 36.124 Tandem switching equipment—Cat- Time of retirement means the date at egory 2. which telecommunications plant is re- 36.125 Local switching equipment—Category tired from service. 3. 36.126 Circuit equipment—Category 4. Tangible property means assets char- acterized by physical existence, such as INFORMATION ORIGINATION/TERMINATION (IOT) land, buildings, equipment, furniture, EQUIPMENT fixtures and tools. 36.141 General. 36.142 Categories and apportionment proce- [51 FR 43499, Dec. 2, 1986, as amended at 61 dures. FR 50245, Sept. 25, 1996; 62 FR 39778, July 24, 1997; 62 FR 51064, Sept. 30, 1997; 64 FR 50008, CABLE AND WIRE FACILITIES Sept. 15, 1999; 67 FR 5700, Feb. 6, 2002; 82 FR 20843, May 4, 2017] 36.151 General. 36.152 Categories of Cable and Wire Facili- ties (C&WF). PART 36—JURISDICTIONAL SEPA- 36.153 Assignment of Cable and Wire Facili- RATIONS PROCEDURES; STAND- ties (C&WF) to categories. ARD PROCEDURES FOR SEPA- 36.154 Exchange Line Cable and Wire Facili- ties (C&WF)—Category 1—apportionment RATING TELECOMMUNICATIONS procedures. PROPERTY COSTS, REVENUES, EX- 36.155 Wideband and exchange truck PENSES, TAXES AND RESERVES (C&WF)—Category 2—apportionment FOR TELECOMMUNICATIONS procedures. 1 36.156 Interexchange Cable and Wire Facili- COMPANIES ties (C&WF)—Category 3—apportionment procedures. Subpart A—General 36.157 Host/remote message Cable and Wire Facilities (C&WF)—Category 4—appor- Sec. tionment procedures. 36.1 General. 36.2 Fundamental principles underlying pro- AMORTIZABLE ASSETS cedures. 36.161 Tangible assets—Account 2680. 36.3 Freezing of jurisdictional separations 36.162 Intangible assets—Account 2690. category relationships and/or allocation factors. TELECOMMUNICATIONS PLANT—OTHER 36.171 Property held for future tele- 1 The Commission has determined that the communications use—Account 2002; Tele- same jurisdictional separations used in the communications plant under construc- contiguous states are to be used for Alaska, tion—Account 2003; and Telecommuni- Hawaii, Puerto Rico and the Virgin Islands. cations plant adjustment—Account 2005. Integration of Rates and Services, Docket No. RURAL TELEPHONE BANK STOCK 21263, 87 FCC 2nd 18 (1981); Integration of Rates and Services, Docket No. 21264, 72 FCC 2nd 699 36.172 Other noncurrent assets—Account (1979). 1410.

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MATERIAL AND SUPPLIES AND CASH WORKING PLANT NONSPECIFIC OPERATIONS EXPENSES CAPITAL 36.351 General. 36.181 Material and supplies—Account 1220. 36.182 Cash working capital. PLANT EXPENSES—OTHER 36.352 Other property plant and equipment EQUAL ACCESS EQUIPMENT expenses—Account 6510. 36.191 Equal access equipment. NETWORK OPERATIONS EXPENSES Subpart C—Operating Revenues and 36.353 Network operations expenses—Ac- Certain Income Accounts count 6530. 36.354 Access expenses—Account 6540. GENERAL DEPRECIATION AND AMORTIZATION EXPENSES 36.201 Section arrangement. 36.202 General. 36.361 Depreciation and amortization expenses—Account 6560. OPERATING REVENUES CUSTOMER OPERATIONS EXPENSES 36.211 General. 36.212 Basic local services revenue—Account 36.371 General. 5000. 36.372 Marketing—Account 6610. 36.213 Network access services revenues. 36.373 Services—Account 6620. 36.214 Long distance message revenue—Ac- 36.374 Telephone operator services. count 5100. 36.375 Published directory listing. 36.215 Miscellaneous revenue—Account 5200. 36.376 All other. 36.216 Uncollectible revenue—Account 5300. 36.377 Category 1—Local business office expense. CERTAIN INCOME ACCOUNTS 36.378 Category 2—Customer services (revenue accounting). 36.221 Other operating income and ex- 36.379 Message processing expense. penses—Account 7100. 36.380 Other billing and collecting expense. 36.222 Nonoperating income and expenses— 36.381 Carrier access charge billing and col- Account 7300. lecting expense. 36.223 Interest and related items—Account 36.382 Category 3—All other customer serv- 7500. ices expense. 36.224 Extraordinary items—Account 7600. 36.225 Income effect of jurisdictional rate- CORPORATE OPERATIONS EXPENSE making differences—Account 7910. 36.391 General. Subpart D—Operating Expenses and Taxes 36.392 General and administrative—Account 6720. GENERAL OPERATING TAXES 36.301 Section arrangement. 36.411 Operating taxes—Account 7200. 36.302 General. 36.412 Apportionment procedures. PLANT SPECIFIC OPERATIONS EXPENSES EQUAL ACCESS EXPENSES 36.310 General. 36.421 Equal access expenses. NETWORK SUPPORT/GENERAL SUPPORT EXPENSES Subpart E—Reserves and Deferrals 36.311 Network Support/General Support 36.501 General. Expenses—Accounts 6110 and 6120. 36.502 Other jurisdictional assets—Net—Ac- count 1500. CENTRAL OFFICE EXPENSES 36.503 Accumulated depreciation—Account 36.321 Central office expenses—Accounts 3100. 6210, 6220, and 6230. 36.504 Accumulated depreciation—Property held for future telecommunications use— INFORMATION ORIGINATION/TERMINATION Account 3200. EXPENSES 36.505 Accumulated amortization—Tan- gible—Account 3400. 36.331 Information origination/termination 36.506 Net current deferred operating in- expenses—Account 6310. come taxes—Account 4100, Net noncurrent deferred operating income taxes— CABLE AND WIRE FACILITIES EXPENSES Account 4340. 36.341 Cable and wire facilities expenses— 36.507 Other jurisdictional liabilities and Account 6410. deferred credits—Net—Account 4370.

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Subparts F–G [Reserved] (d) In assigning book costs to categories, the costs used for certain plant APPENDIX TO PART 36—GLOSSARY classes are average unit costs which AUTHORITY: 47 U.S.C. 151, 152, 154(i) and (j), equate to all book costs of a particular 201, 205, 220, 221(c), 254, 303(r), 403, 410, and account or subaccount; for other plant 1302 unless otherwise noted. classes, the costs used are those which SOURCE: 52 FR 17229, May 6, 1987, unless either directly approximate book cost otherwise noted. levels or which are equated to match EDITORIAL NOTE: Nomenclature changes to total book costs at a given location. part 36 appear at 74 FR 23956, May 22, 2009, 77 (e) The procedures outlined herein re- FR 30411, May 23, 2012, 82 FR 25538, June 2, flect ‘‘short-cuts’’ where practicable 2017, and corrected at 83 FR 4153, Jan. 30, and where their application produces 2018. Nomenclature changes to part 36 also substantially the same separations re- appear at 83 FR 63587, Dec. 11, 2018, and 84 FR sults as would be obtained by the use of 4360, Feb. 15, 2019. more detailed procedures, and they assume the use of records generally Subpart A—General maintained by Telecommunications Companies. § 36.1 General. (f) The classification to accounts of (a) This part contains an outline of telecommunications property, reve- separations procedures for tele- nues, expenses, etc., set forth in this communications companies on the sta- manual is that prescribed by the Fed- tion-to-station basis. These procedures eral Communications Commission’s are applicable either to property costs, Uniform System of Accounts for Tele- revenues, expenses, taxes, and reserves communications Companies. as recorded on the books of the com- (g) In the assignment of property pany or to estimated amounts. costs to categories and in the appor- (1) Where a value basis is used in- tionment of such costs among the oper- stead of book costs, the ‘‘costs’’ re- ations, each amount so assigned and ferred to are the ‘‘values’’ of the prop- apportioned is identified as to the ac- erty derived from the valuation. (b) The separations procedures set count classification in which the prop- forth in this part are designed pri- erty is included. Thus, the separated marily for the allocation of property results are identified by property ac- costs, revenues, expenses, taxes and re- counts and apportionment bases are serves between state and interstate ju- provided for those expenses which are risdictions. For separations, where re- separated on the basis of the apportion- quired, of the state portion between ex- ment of property costs. Similarly, change and toll or for separations of in- amounts of revenues and expenses as- dividual exchanges or special services, signed each of the operations are iden- further analyses and studies may be re- tified as to account classification. quired to adapt the procedures to such (h) The separations procedures de- additional separations. scribed in this part are not to be inter- (c) The fundamental basis on which preted as indicating what property, separations are made is the use of tele- revenues, expenses and taxes, or what communications plant in each of the items carried in the income, reserve operations. The first step is the assign- and retained earnings accounts, should ment of the cost of the plant to cat- or should not be considered in any in- egories. The basis for making this as- vestigation or rate proceeding. signment is the identification of the plant assignable to each category and § 36.2 Fundamental principles underlying procedures. the determination of the cost of the plant so identified. The second step is (a) The following general principles the apportionment of the cost of the underlie the procedures outlined in this plant in each category among the oper- part: ations by direct assignment where pos- (1) Separations are intended to appor- sible, and all remaining costs are as- tion costs among categories or jurisdic- signed by the application of appro- tions by actual use or by direct assign- priate use factors. ment.

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(2) Separations are made on the ‘‘ac- versation-minute-kilometers or con- tual use’’ basis, which gives consider- versation-minutes for the allocation of ation to relative occupancy and rel- interexchange circuit plant and hold- ative time measurements. ing-time minutes for the allocation of (3) In the development of ‘‘actual exchange trunk plant are considered use’’ measurements, measurements of practical approximations for separa- use are (i) determined for tele- tions between state and interstate op- communications plant or for work per- erations when related to the broad formed by operating forces on a unit types of plant classifications used here- basis (e.g., conversation-minute-kilo- in. meters per message, weighted standard (iv) Message telecommunications work seconds per call) in studies of subscriber plant shall be apportioned traffic handled or work performed dur- on the basis of a Gross Allocator which ing a representative period for all traf- assigns 25 percent to the interstate ju- fic and (ii) applied to overall traffic risdiction and 75 percent to the state volumes, i.e., 24-hour rather than busy- jurisdiction. hour volumes. (c) Property rented to affiliates, if (b) Underlying the procedures in- not substantial in amount, is included cluded in this manual for the separa- as used property of the owning com- tion of plant costs is an over-all con- pany with the associated revenues and cept which may be described as follows: expenses treated consistently: Also (1) Telecommunications plant, in such property rented from affiliates is general, is segregable into two broad not included with the used property of classifications, namely, (i) inter- the company making the separations; exchange plant, which is plant used the rent paid is included in its ex- primarily to furnish toll services, and penses. If substantial in amount, the (ii) exchange plant, which is plant used following treatment is applied: primarily to furnish local services. (1) In the case of property rented to (2) Within the interexchange classi- affiliates, the property and related ex- fication, there are three broad types of penses and rent revenues are excluded plant, i.e., operator systems, switching from the telephone operations of the plant, and trunk transmission equip- owning company, and ment. Within the exchange classifica- (2) In the case of property rented tion there are four board types of from affiliates, the property and re- plant, i.e., operator systems, switching lated expenses are included with, and plant, truck equipment and subscriber the rent expenses are excluded from, plant. Subscriber plant comprises lines the telephone operations of the com- to the subscriber. pany making the separation. (3) In general, the basis for appor- (d) Property rented to or from non- tioning telecommunications plant used affiliates is usually to be included as jointly for state and interstate oper- used property of the owning company ations are: with the associated revenues and ex- (i) Operator work time expressed in penses treated consistently. In the weighted standard work seconds is the event the amount is substantial, the basis for measuring the use of operator property involved and the revenues and systems. expenses associated therewith may be (ii) Holding-time-minutes is the basis excluded from or included in the tele- for measuring the use of local and toll communications operations of the switching plant. company. When required, the cost of (iii) Conversation-minute-kilometers property rented to or from non-affili- or conversation minutes is the basis for ates is determined using procedures measuring the use of interexchange cir- that are consistent with the procedures cuit plant and holding-time minutes is for the allocation of costs among the the basis for measuring the use of ex- operations. change trunk plant. While the use of (e) Costs associated with services or holding-time-minute-kilometers is the plant billed to another company which basic fundamental allocation factor for have once been separated under proce- interexchange circuit plant and ex- dures consistent with general prin- change trunk plant, the use of con- ciples set forth in this part, and are

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thus identifiable as entirely interstate twelve-month period ending December or State in nature, shall be directly as- 31, 2000, shall assign such investment to signed to the appropriate operation and separations categories in accordance jurisdiction. with the separations procedures in ef- [52 FR 17229, May 6, 1987, as amended at 58 fect as of December 31, 2000. Local ex- FR 44905, Aug. 25, 1993; 71 FR 65745, Nov. 9, change carriers not subject to price cap 2006] regulation, pursuant to § 61.41 of this chapter, may elect to be subject to the § 36.3 Freezing of jurisdictional sepa- provisions of this paragraph (b). Such rations category relationships and/ or allocation factors. election must be made prior to July 1, 2001. Any local exchange carrier that is (a) Effective July 1, 2001, through De- subject to § 69.3(e) of this chapter and cember 31, 2024, all local exchange car- that elected to be subject to this para- riers subject to part 36 rules shall ap- graph (b) may withdraw from that elec- portion costs to the jurisdictions using their study area and/or exchange spe- tion by notifying the Commission by cific jurisdictional allocation factors May 1, 2019, of its intent to withdraw calculated during the twelve-month pe- from that election, and that with- riod ending December 31, 2000, for each drawal will be effective as of July 1, of the categories/sub-categories as 2019. Any local exchange carrier that specified herein. Direct assignment of participates in an Association tariff, private line service costs between ju- pursuant to §§ 69.601 through 69.610 of risdictions shall be updated annually. this chapter, and that elected to be Other direct assignment of investment, subject to this paragraph (b) may with- expenses, revenues or taxes between ju- draw from that election by notifying risdictions shall be updated annually. the Association by March 1, 2019, of Local exchange carriers that invest in such intent. Subject to these two ex- telecommunications plant categories ceptions, local exchange carriers that during the period July 1, 2001, through previously elected to become subject to December 31, 2024, for which it had no this paragraph (b) shall not be eligible separations allocation factors for the to withdraw from such regulation for twelve-month period ending December the duration of the freeze. 31, 2000, shall apportion that invest- (c) Effective July 1, 2001, through De- ment among the jurisdictions in ac- cember 31, 2024, any local exchange car- cordance with the separations proce- rier that sells or otherwise transfers dures in effect as of December 31, 2000 exchanges, or parts thereof, to another for the duration of the freeze. (b) Effective July 1, 2001, through De- carrier’s study area shall continue to cember 31, 2024, local exchange carriers utilize the factors and, if applicable, subject to price cap regulation, pursu- category relationships as specified in ant to § 61.41 of this chapter, shall as- paragraphs (a) and (b) of this section. sign costs from the accounts under (d) Effective July 1, 2001, through De- part 32 of this chapter (part 32 ac- cember 31, 2024, any local exchange car- count(s)) to the separations categories/ rier that buys or otherwise acquires ex- sub-categories, as specified herein, changes or part thereof, shall calculate based on the percentage relationships new, composite factors and, if applica- of the categorized/sub-categorized costs ble, category relationships based on a to their associated part 32 accounts for weighted average of both the seller’s the twelve-month period ending De- and purchaser’s factors and category cember 31, 2000. If a part 32 account for relationships calculated pursuant to separations purposes is categorized paragraphs (a) and (b) of this section. into more than one category, the per- This weighted average should be based centage relationship among the cat- on the number of access lines currently egories shall be utilized as well. Local being served by the acquiring carrier exchange carriers that invest in types and the number of access lines in the of telecommunications plant during acquired exchanges. the period July 1, 2001, through Decem- ber 31, 2024, for which it had no separations category investment for the

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(1) To compute the composite alloca- study area boundaries shall be subject tion factors and, if applicable, the com- to the following procedure: posite category percentage relation- (a) Public Notice and Review Period. ships of the acquiring company, the ac- Upon determination by the Wireline quiring carrier shall first sum its exist- Competition Bureau that a petitioner ing (pre-purchase) access lines (A) with has filed a complete petition for study the total access lines acquired from area waiver and that the petition is ap- selling company (B). Then, multiply its propriate for streamlined treatment, factors and category relationship per- the Wireline Competition Bureau will centages by (A/(A + B)) and those of the issue a public notice seeking comment selling company by (B/(A + B)) and sum on the petition. Unless otherwise noti- the results. fied by the Wireline Competition Bu- (2) For carriers subject to a freeze of reau, the petitioner is permitted to category relationships, the acquiring alter its study area boundaries on the carrier should remove all categories of 60th day after the reply comment due investment from the selling carrier’s date, but only in accordance with the list of frozen category relationships boundary changes proposed in its appli- where no such category investment ex- cation. ists within the sold exchange(s). The (b) Comment Cycle. Comments on peti- seller’s remaining category relation- tions for waiver may be filed during ships must then be increased propor- the first 30 days following public no- tionately to total 100 percent. Then, tice, and reply comments may be filed the adjusted seller’s category relation- during the first 45 days following pub- ships must be combined with those of lic notice, unless the public notice the acquiring carrier as specified in specifies a different pleading cycle. All § 36.3(d)(1) to determine the category comments on petitions for waiver shall relationships for the acquiring carrier’s be filed electronically, and shall satisfy post-transfer study area. such other filing requirements as may (e) Any local exchange carrier study be specified in the public notice. area converting from average schedule [76 FR 73853, Nov. 29, 2011] company status, as defined in § 69.605(c) of this chapter, to cost company status during the period July 1, 2001, through Subpart B—Telecommunications December 31, 2024, shall, for the first Property twelve months subsequent to conversion categorize the telecommuni- GENERAL cations plant and expenses and develop § 36.101 Section arrangement. separations allocation factors in accordance with the separations proce- (a) This subpart is arranged in sec- dures in effect as of December 31, 2000. tions as follows: Effective July 1, 2001 through Decem- GENERAL ber 31, 2024, such companies shall utilize the separations allocation factors Telecommunications Plant in Service—Ac- count 2001—36.101 and 36.102. and account categorization subject to General Support Facilities—Account 2110— the requirements of paragraphs (a) and 36.111 and 36.112. (b) of this section based on the cat- Central Office Equipment—Accounts 2210, egory relationships and allocation fac- 2220, 2230—36.121 thru 36.126. tors for the twelve months subsequent Information Origination/Termination Equip- to the conversion to cost company sta- ment—Account 2310—36.141 and 36.142. tus. Cable and Wire Facilities—Account 2410— 36.151 thru 36.157. [66 FR 33204, June 21, 2001, as amended at 79 Amortization Assets—Accounts 2680 and FR 36235, June 26, 2014; 84 FR 4360, Feb. 15, 2690—36.161 and 36.162. 2019] Telecommunications Plant—Other Accounts 2002 thru 2005—36.171. § 36.4 Streamlining procedures for Rural Telephone Bank Stock—36.172. processing petitions for waiver of Material and Supplies—Accounts 1220, and study area boundaries. Cash Working Capital—36.181 and 36.182. Effective January 1, 2012, local ex- Equal Access Equipment—36.191. change carriers seeking a change in [60 FR 12138, Mar. 6, 1995]

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§ 36.102 General. TABLE 1 TO PARAGRAPH (a)(1)—Continued (a) This section contains an outline Central Office Transmission Ex- Account of the procedures used in the assign- penses. 6230. ment of Telecommunications Plant in Information Origination/Termi- Account Service—Account 2001 to categories nation Expenses. 6310. and the apportionment of the cost as- Cable and Wire Facilities Ex- Account signed to each category among the op- penses. 6410. erations. (b) The treatment of rental plant is Plant Non-Specific Expenses outlined in §§ 36.2(c) through 36.2(e). If the amount of such plant is substan- Network Operations Expenses ... Account tial, the cost may be determined by 6530. using the general procedures set forth for the assignment of the various kinds Customer Operations Expenses of property to categories. (c) The amount of depreciation de- Marketing ...... Account ductible from the book cost or ‘‘value’’ 6610. is apportioned among the operations in Services ...... Account proportion to the separation of the cost 6620. of the related plant accounts.

GENERAL SUPPORT FACILITIES (2) The separation of the costs of Cen- tral Office Equipment, Information § 36.111 General. Origination/Termination Equipment, (a) The costs of the general support and Cable and Wire Facilities, com- facilities are contained in Account bined. 2110, Land and Support Assets. This ac- (b) The costs of the general support count contains land, buildings, motor facilities of local exchange carriers vehicles, aircraft, special purpose vehi- that had annual revenues from regu- cles, garage work equipment, other lated telecommunications operations work equipment, furniture, office less than $157 million for calendar year equipment and general purpose com- 2016 are apportioned among the oper- puters. ations on the basis of the separation of the costs of Central Office Equipment, § 36.112 Apportionment procedure. Information Origination/Termination (a) The costs of the general support Equipment, and Cable and Wire Facili- facilities of local exchange carriers ties, combined. that had annual revenues from regu- [83 FR 63584, Dec. 11, 2018] lated telecommunications operations equal to or greater than $157 million CENTRAL OFFICE EQUIPMENT for calendar year 2016 are apportioned among the operations on the basis of § 36.121 General. either the method in paragraph (a)(1) of (a) The costs of central office equip- this section or the method in paragraph (a)(2) of this section, at the elec- ment are carried in the following action of the local exchange carrier: counts: (1) The separation of the costs of the TABLE 1 TO PARAGRAPH (a) combined Big Three Expenses which include the following accounts: Central Office Switching ...... Account TABLE 1 TO PARAGRAPH (a)(1) 2210. Operator Systems ...... Account Plant Specific Expenses 2220. Central Office Transmission .. Account Central Office Switching Ex- Account 2230. penses. 6210. Operators Systems Expenses .... Account (b) Records of the cost of central of- 6220. fice equipment are usually maintained

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for each study area separately by ac- § 36.122 Categories and apportionment counts. However, each account fre- procedures. quently includes equipment having (a) The following categories of cen- more than one use. Also, equipment in tral office equipment and apportion- one account frequently is associated ment procedures therefore are set forth closely with equipment in the same in §§ 36.123 through 36.126. building in another account. Therefore, Operator Systems Equip- Category 1. the separations procedures for central ment. office equipment have been designed to Tandem Switching Equip- Category 2. deal with categories of plant rather ment. Local Switching Equip- Category 3. than with equipment in an account. ment. (c) In the separation of the cost of Circuit Equipment ...... Category 4. central office equipment among the operations, the first step is the assign- § 36.123 Operator systems equipment— ment of the equipment in each study Category 1. area to categories. The basic method of (a) Operator systems equipment is making this assignment is the identi- contained in Account 2220. It includes fication of the equipment assignable to all types of manual telephone switch- each category, and the determination boards except tandem switchboards and of the cost of the identified equipment those used solely for recording of call- by analysis of accounting, engineering ing telephone numbers in connection with customer dialed charge traffic. It and other records. includes all face equipment, termi- (1) The cost of common equipment nating relay circuits of trunk and toll not assigned to a specific category, line circuits, cord circuits, cable turn- e.g., common power equipment, including sections, subscriber line equipment, ing emergency power equipment, aisle associated toll connecting trunk equip- lighting and framework, including dis- ment, number checking facilities, tick- tributing frames, is distributed among et distributing systems, calculagraphs, the categories in proportion to the cost chief operator and other desks, oper- of equipment, (excluding power equip- ator chairs, and other such equipment. ment not dependent upon common (1) Operator systems equipment is power equipment) directly assigned to generally classified according to oper- categories. ating arrangements of which the fol- (i) The cost of power equipment used lowing are typical: by one category is assigned directly to (i) Separate toll boards that category, e.g., 130-volt power sup- (ii) Separate local manual boards ply provided for circuit equipment. The (iii) Combined local manual and toll boards cost of emergency power equipment (iv) Combined toll and DSA boards protecting only power equipment used (v) Separate DSA and DSB boards by one category is also assigned di- (vi) Service observing boards rectly to that category. (vii) Auxiliary service boards (ii) Where appropriate, a weighting (viii) Traffic service positions factor is applied to the cost of circuit (2) If switchboards as set forth in equipment in distributing the power § 36.123(a) are of the key pulsing type, plant costs not directly assigned, in the cost of the key pulsing senders, order to reflect the generally greater link and trunk finder equipment is in- power use per dollar of cost of this cluded with the switchboards. equipment. (3) DSB boards include the associated (d) The second step is the apportion- DSB dial equipment, such as link and ment of the cost of the equipment in sender equipment. each category among the operations (4) Traffic service position systems include the common control and trunk through the application of appropriate equipment in addition to the associ- use factors or by direct assignment. ated groups of positions wherever lo- [52 FR 17229, May 6, 1987, as amended at 69 cated. FR 12549, Mar. 17, 2004; 83 FR 63584, Dec. 11, (5) Effective July 1, 2001, through De- 2018] cember 31, 2024, study areas subject to

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price cap regulation, pursuant to § 61.41 (3) Tributary boards may be treated of this chapter, shall assign the aver- individually if warranted or they may age balance of Account 2220, Operator be treated on a group basis. Systems, to the categories/subcat- (c) Auxiliary service boards generally egories, as specified in paragraph (a)(1) handle rate and route, information, of this section, based on the relative and intercept service at individual or percentage assignment of the average joint positions. The cost of these balance of Account 2220 to these cat- boards is apportioned as follows: egories/subcategories during the (1) The cost of separate directory as- twelve-month period ending December sistance boards is apportioned among 31, 2000. the operations on the basis of the rel- (6) Effective July 1, 2001 through De- ative number of weighted standard cember 31, 2024, all study areas shall work seconds handled at the boards apportion the costs assigned to the cat- under consideration. Directory assist- egories/subcategories, as specified in ance weighted standard work seconds paragraph (a)(1) of this section, among are apportioned among the operations the jurisdictions using the relative use on the basis of the classification of measurements for the twelve-month these weighted standard work seconds period ending December 31, 2000 for as follows: each of the categories/subcategories (i) Directory assistance weighted specified in paragraphs (b) through (e) standard work seconds first are classi- of this section. fied between calls received over toll di- (b) The cost of the following operator rectory assistance trunks from opera- systems equipment is apportioned tors or customers and all other direc- among the operations on the basis of tory assistance calls. the relative number of weighted stand- (ii) The directory assistance weighted ard work seconds handled at the standard work seconds of each type switchboards under consideration. further are classified separately among (1) The following types of switch- the operations on the basis of an anal- boards at toll centers are generally ap- ysis of a representative sample of di- portioned individually: rectory assistance calls of each type (i) Separate toll boards. These usually with reference to the locations of the include outward, through and inward calling and called stations for each positions in separate lines and associ- call. ated inward toll switchboard positions (2) The cost of separate intercept in line. boards and automated intercept sys- (ii) Switchboards handling both local tems in the study area is apportioned and toll, either combined or having among the operations on the basis of segregated local and toll positions in the relative number of subscriber line the same line. minutes of use. (iii) Switchboards handling both toll (3) The cost of separate rate and and DSA, either combined or having route boards is generally included with segregated toll and DSA positions in the cost of the toll boards served and is the same line. apportioned with those boards. (iv) Traffic service positions, includ- (4) Where more than one auxiliary ing separately located groups of these service is handled at an auxiliary positions when associated with a com- board, the cost of the board is appor- mon basic control unit. tioned among the auxiliary services on (2) The following types of switch- the basis of the relative number of boards at toll centers are apportioned weighted standard work seconds for individually, or by groups of com- each service. The cost of that part of parable types of boards for each ex- the board allocated to each auxiliary change: service is apportioned among the oper- (i) Separate local manual boards. This ations in the same manner as for a sep- includes the local positions of manual arate auxiliary board. boards where inward toll positions are (d) The cost of joint exchange and in the same line. toll service observing boards is first ap- (ii) Separate DSA boards. portioned between exchange and toll (iii) Separate DSB boards. use on the basis of the relative number

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of exchange and toll service observing in the interconnection of: Toll center units at these boards. The cost of sepa- to toll center circuits; toll center to rate toll service observing boards and tributary circuits; tributary to tribu- the toll portion of joint service observ- tary circuits; toll center to tandem cir- ing boards is apportioned between state cuits or in the interconnection of the and interstate operations on the basis aforementioned types of circuits with of the relative number of toll minutes trunks to local offices in the toll cen- of use associated with the toll mes- ter city, i.e., interconnection with toll sages originating in the offices ob- switching trunks, operator trunks, in- served. formation trunks, testing trunks, etc. (e) Traffic Service Position System Equipment associated with the local (TSPS) investments are apportioned as office end of such trunks is included follows: with local switching equipment or (1) Operator position investments are switchboard categories as appropriate. apportioned on the basis of the relative (2) At tributary offices, this category weighted standard work seconds for the includes intertoll switching equipment entire TSPS complex. similar to that at toll center toll of- (2) Remote trunk arrangement (RTA) fices if it is used in the interconnection investments are apportioned on the of: Tributary to tributary circuits; basis of the relative processor real tributary to subtributary circuits; sub- time (i.e., actual seconds) required to tributary to subtributary circuits; toll process TSPS traffic originating from center to subtributary circuits; or if it the end offices served by each RTA. is used jointly in the interconnection (3) The remaining investments at the of any of the aforementioned types of central control location, such as the circuits and in the interconnection of stored program control and memory, is such toll circuits with trunk circuits apportioned on the basis of the relative for the handling of traffic terminating processor real time (i.e., actual sec- in the tributary office. Where com- onds) for the entire TSPS complex. parable equipment has no joint use but [52 FR 17229, May 6, 1987, as amended at 66 is used only for the handling of traffic FR 33205, June 21, 2001; 75 FR 30301, June 1, terminating in the tributary office, it 2010; 76 FR 30841, May 27, 2011; 79 FR 36236, is included in the local switching June 26, 2014] equipment category. (3) At all switching entities, this cat- § 36.124 Tandem switching equip- egory includes intertoll switching ment—Category 2. equipment similar to that at toll cen- (a) Tandem switching equipment is ter toll offices if it is used in the inter- contained in Account 2210. It includes connection of switched private line all switching equipment in a tandem trunks or TWX switching plant trunks central office, including any associated when these functions are in addition to tandem switchboard positions and any the message telephone switching func- intertoll switching equipment. tion. Switching entities wholly dedi- Intertoll switching equipment includes cated to switching of special services switching equipment used for the inter- are assigned to Category 3—Local connection of message toll telephone Switching Equipment. circuits with each other or with local (b) The costs of central office equip- or tandem telephone central office ment items assigned this category are trunks, intertoll dial selector equip- to be directly assigned when possible. ment, or intertoll trunk equipment in When direct assignment is not possible No. 5 type electronic offices. Equip- the costs shall be apportioned among ment, including switchboards used for the operations on the basis of the rel- recording of calling telephone numbers ative number of study area minutes of and other billing information in con- use of this equipment. nection with customer dialed charge (c) Effective July 1, 2001, through De- traffic is included with Local Switch- cember 31, 2024, study areas subject to ing Equipment—Category 3. price cap regulation, pursuant to § 61.41 (1) At toll center toll offices, of this chapter, shall assign the aver- intertoll switching equipment com- age balance of Account 2210 to Cat- prises equipment in the toll office used egory 2, Tandem Switching Equipment

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based on the relative percentage as- local switching category. This includes signment of the average balance of Ac- such items as directors, translators, count 2210 (or, if Accounts 2211, 2212, sender registers, out trunk selectors and 2215 were required to be main- and facilities for toll intercepting and tained at the applicable time, the aver- digit absorption. Special services age balances of Accounts 2211, 2212, and switching equipment which primarily 2215) to Category 2, Tandem Switching performs the switching function for Equipment during the twelve-month special services (e.g., switching equip- period ending December 31, 2000. ment, TWX concentrators and switch- (d) Effective July 1, 2001, through De- boards) is also included in this local cember 31, 2024, all study areas shall switching category. apportion costs in Category 2, Tandem (1) Local office, as used in § 36.125, Switching Equipment, among the juris- comprises one or more local switching dictions using the relative number of entities of the same equipment type study area minutes of use, as specified (e.g., step-by-step, No. 5 Crossbar) in an in paragraph (b) of this section, for the individual location. A local switching twelve-month period ending December entity comprises that local central of- 31, 2000. Direct assignment of any sub- fice equipment of the same type which category of Category 2 Tandem Switch- has a common intermediate distrib- ing Equipment between jurisdictions uting frame, market group or other shall be updated annually. separately identifiable switching unit serving one or more prefixes (NNX [52 FR 17229, May 6, 1987, as amended at 66 FR 33205, June 21, 2001; 69 FR 12549, Mar. 17, codes). 2004; 75 FR 30301, June 1, 2010; 76 FR 30841, (2) A host/remote local switching May 27, 2011; 79 FR 36236, June 26, 2014; 83 FR complex is composed of an electronic 63584, Dec. 11, 2018] analog or digital host office and all of its remote locations. A host/remote § 36.125 Local switching equipment— local switching complex is treated as Category 3. one local office. The current jurisdic- (a) Local switching equipment is in- tional definition of an exchange will cluded in account 2210. It comprises all apply. central office switching equipment not (3) Dial equipment minutes of use assigned other categories. Examples of (DEM) is defined as the minutes of local switching equipment are basic holding time of the originating and ter- switching train, toll connecting trunk minating local switching equipment. equipment, interlocal trunks, tandem Holding time is defined in the Glos- trunks, terminating senders used for sary. toll completion, toll completing train, (4) The interstate allocation factor is call reverting equipment, weather and the percentage of local switching in- time of day service equipment, and vestment apportioned to the interstate switching equipment at electronic ana- jurisdiction. log or digital remote line locations. (5) The interstate DEM factor is the Equipment used for the identification, ratio of the interstate DEM to the recording and timing of customer total DEM. A weighted interstate DEM dialed charge traffic, or switched pri- factor is the product of multiplying a vate line traffic (e.g., transmitters, re- weighting factor, as defined in para- corders, call identity indexers, per- graph (f) of this section, to the inter- forators, ticketers, detectors, state DEM factor. The state DEM fac- mastertimes) switchboards used solely tor is the ratio of the state DEM to the for recording of calling telephone num- total DEM. bers in connection with customer (b) Beginning January 1, 1993, Cat- dialed charge traffic, or switched pri- egory 3 investment for study areas vate line traffic (or both) is included in with 50,000 or more access lines is ap- this local switching category. Equip- portioned to the interstate jurisdiction ment provided and used primarily for on the basis of the interstate DEM fac- operator dialed toll or customer dialed tor. Category 3 investment for study charge traffic except such equipment areas with 50,000 or more access lines is included in Category 2 Tandem Switch- apportioned to the state jurisdiction on ing Equipment is also included in this the basis of the state DEM factor.

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(c)–(e) [Reserved] switching support factor. If the number (f) Beginning January 1, 1998, for of a study area’s access lines decreases study areas with fewer than 50,000 ac- or has decreased such that, under para- cess lines, Category 3 investment is ap- graph (f) of this section, the weighted portioned to the interstate jurisdiction interstate DEM factor for 2010 or any by the application of an interstate allo- successive year would be raised, that cation factor that is the lesser of either higher weighted interstate DEM factor .85 or the sum of the interstate DEM shall be applied to the study area’s 1996 factor specified in paragraph (a)(5) of unweighted interstate DEM factor to this section, and the difference between derive a new local switching support the 1996 interstate DEM factor and the factor. 1996 interstate DEM factor multiplied [52 FR 17229, May 6, 1987, as amended at 53 by a weighting factor as determined by FR 33011, 33012, Aug. 29, 1988; 62 FR 32946, the table below. The Category 3 invest- June 17, 1997; 63 FR 2124, Jan. 13, 1998; 66 FR ment that is not assigned to the inter- 33205, June 21, 2001; 69 FR 12549, Mar. 17, 2004; state jurisdiction pursuant to this 71 FR 65745, Nov. 9, 2006; 75 FR 17874, Apr. 8, paragraph is assigned to the state ju- 2010; 75 FR 30301, June 1, 2010; 76 FR 30841, risdiction. May 27, 2011; 79 FR 36236, June 26, 2014; 83 FR 63585, Dec. 11, 2018] Weighting Number of access lines in service in study area factor § 36.126 Circuit equipment—Category 4. 0–10,000 ...... 3.0 10,001–20,000 ...... 2.5 (a) For the purpose of this section, 20,001–50,000 ...... 2.0 the term ‘‘Circuit Equipment’’ encom- 50,001–or above ...... 1.0 passes the Radio Systems and Circuit Equipment contained in Account 2230. (g) For purposes of this section, an It includes central office equipment, access line is a line that does not in- other than switching equipment and clude WATS access lines, special access automatic message recording equip- lines or private lines. ment, which is used to derive commu- (h) Effective July 1, 2001, through De- nications transmission channels or cember 31, 2024, study areas subject to which is used for the amplification, price cap regulation, pursuant to § 61.41 modulation, regeneration, testing, bal- of this chapter, shall assign the aver- ancing or control of signals trans- age balance of Account 2210 to Cat- mitted over communications trans- egory 3, Local Switching Equipment, mission channels. Examples of circuit based on the relative percentage as- equipment in general use include: signment of the average balance of Ac- (1) Carrier telephone system termi- count 2210 (or, if Accounts 2211, 2212, nals. and 2215 were required to be main- (2) Telephone repeaters, termination tained at the applicable time, the aver- sets, impedance compensators, pulse age balances of Accounts 2211, 2212, and link repeaters, echo suppressors and 2215) to Category 3, during the twelve- other intermediate transmission am- month period ending December 31, 2000. plification and balancing equipment (i) Effective July 1, 2001, through De- except that included in switchboards. cember 31, 2024, all study areas shall (3) Radio transmitters, receivers, re- apportion costs in Category 3, Local peaters and other radio central office Switching Equipment, among the juris- equipment except message switching dictions using relative dial equipment equipment associated with radio sys- minutes of use for the twelve-month tems. period ending December 31, 2000. (4) Composite ringers, line signaling (j) If the number of a study area’s ac- and switching pad circuits. cess lines increases such that, under (5) Concentration equipment. paragraph (f) of this section, the (6) Composite sets and repeating weighted interstate DEM factor for coils. 1997 or any successive year would be re- (7) Program transmission amplifiers, duced, that lowered weighted inter- monitoring devices and volume indica- state DEM factor shall be applied to tors. the study area’s 1996 unweighted inter- (8) Testboards, test desks, repair state DEM factor to derive a new local desks and patch bays, including those

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provided for test and control, and for in these categories are classified as transmission testing. basic circuit equipment. (b) For apportionment among the op- (5) Effective July 1, 2001, through De- erations, the cost of circuit equipment cember 31, 2024, study areas subject to is assigned to the following subsidiary price cap regulation, pursuant to categories: § 61.41, shall assign the average balance (1) Exchange Circuit Equipment—Cat- of Account 2230 to the categories/sub- egory 4.1. (i) Wideband Exchange Line categories as specified in § 36.126(b)(1) Circuit Equipment—Category 4.11. through (b)(4) based on the relative (ii) Exchange Trunk Circuit Equip- percentage assignment of the average ment (Wideband and Non-Wideband)— balance of Account 2230 (or, if Accounts Category 4.12. 2231 and 2232 were required to be main- (iii) Exchange Line Circuit Equip- tained at the applicable time, the average balances of Accounts 2231 and 2232) ment Excluding Wideband—Category costs to these categories/subcategories 4.13. during the twelve-month period ending (2) Interexchange Circuit Equipment— December 31, 2000. Category 4.2. (i) Interexchange Circuit (6) Effective July 1, 2001, through De- Equipment Furnished to Another Com- cember 31, 2024, study areas subject to pany for Interstate Use—Category 4.21. price cap regulation, pursuant to § 61.41 (ii) Interexchange Circuit Equipment of this chapter, shall assign the aver- Used for Wideband Services including age balance of Account 2230 to the cat- Satellite and Earth Station Equipment egories/subcategories as specified in used for Wideband Service—Category paragraphs (b)(1) through (4) of this 4.22. section based on the relative percent- (iii) All Other Interexchange Circuit age assignment of the average balance Equipment—Category 4.23. of Account 2230 (or, if Accounts 2231 (3) Host/Remote Message Circuit Equip- and 2232 were required to be main- ment—Category 4.3. tained at the applicable time, the aver- (4) In addition, for the purpose of age balances of Accounts 2231 and 2232) identifying and separating property as- costs to these categories/subcategories sociated with special services, circuit during the twelve-month period ending equipment included in Categories 4.12 December 31, 2000. (other than wideband equipment) 4.13 (c) Apportionment of Exchange Cir- and 4.23 is identified as either basic circuit Equipment Among the Operations: cuit equipment, i.e., equipment that (1) Wideband Exchange Line Circuit performs functions necessary to pro- Equipment—Category 4.11—The cost of vide and operate channels suitable for exchange circuit equipment in this cat- voice transmission (telephone grade egory is determined separately for each channels), or special circuit equipment, wideband facility. The respective costs i.e., equipment that is peculiar to spe- are allocated to the appropriate oper- cial service circuits. Carrier telephone ation in the same manner as the re- terminals and carrier telephone repeat- lated exchange line cable and wire fa- ers are examples of basic circuit equip- cilities described in § 36.155. ment in general use, while audio pro- (2) Exchange Trunk Circuit Equip- gram transmission amplifiers, bridges, ment (Wideband and Non-Wideband)— monitoring devices and volume indica- Category 4.12—The cost of exchange tors are examples of special circuit circuit equipment associated with this equipment in general use. Cost of ex- category for the study area is allocated change circuit equipment included in to the appropriate operation in the Categories 4.12 and 4.13 and the inter- same manner as the related exchange exchange circuit equipment in Cat- trunk cable and wire facilities as de- egories 4.21, 4.22 and 4.23 are segregated scribed in § 36.155. between basic circuit equipment and (3) Exchange Line Circuit Equipment special circuit equipment only at those Excluding Wideband—Category 4.13— locations where amounts of inter- The cost of Circuit Equipment associ- exchange and exchange special circuit ated with exchange line plant exclud- equipment are significant. Where such ing wideband for the study area is as- segregation is not made, the total costs signed to subcategories and is allocated

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to the appropriate operation in the allocation factors for Category 4.23 in- same manner as the related exchange vestment at levels reached on Decem- line cable and wire facilities for non- ber 31, 1985, derived by using the proce- wideband service as described in dures in effect at that time. On Janu- § 36.154. ary 1, 1988, and thereafter, that frozen (4) Effective July 1, 2001, through De- allocation factor shall be applied to cember 31, 2024, all study areas shall each interexchange carrier’s Category apportion costs in the categories/sub- 4.23 investment to derive the interstate categories, as specified in paragraphs allocation. On January 1, 1988, and (b)(1) through (4) of this section, among thereafter, the amount of investment the jurisdictions using the relative use allocated to the interstate jurisdiction measurements or factors, as specified will vary but the relative proportion of in paragraphs (c)(1) through (3) of this the total investment that is allocated section for the twelve-month period to the interstate jurisdiction will re- ending December 31, 2000. Direct as- main frozen at 1985 levels. signment of any subcategory of Cat- (e) Apportionment of Interexchange egory 4.1 Exchange Circuit Equipment Circuit Equipment among the Oper- to the jurisdictions shall be updated ations: Procedures To Be Used by Ex- annually. change Carriers. (1) Interexchange Cir- (d) Apportionment of Interexchange cuit Equipment Furnished to Another Circuit Equipment among the Oper- Company for Interstate Use Category— ations: Procedures to be Used by Inter- 4.21—This category comprises that cir- exchange Carriers. (1) Interexchange cuit equipment provided for the use of Circuit Equipment Furnished to An- another company as an integral part of other Company for Interstate Use— its interexchange circuit facilities used Category 4.21—This category comprises wholly for interstate services. This cat- that circuit equipment provided for the egory includes such circuit equipment use of another company as an integral as telephone carrier terminals and part of its interexchange circuit facili- microwave systems used wholly for ties used wholly for interstate services. interstate services. The total cost of This category includes such circuit the circuit equipment in this category equipment as telephone carrier termi- for the study area is assigned to the nals and microwave systems used whol- interstate operation. ly for interstate services. The total (2) Interexchange Circuit Equipment cost of the circuit equipment in this Used for Wideband Service—Category category for the study area is assigned 4.22—This category includes the circuit to the interstate operation. equipment portion of interexchange (2) Interexchange Circuit Equipment channels used for wideband services. Used for Wideband Service—Category The cost of interexchange circuit 4.22—This category includes the circuit equipment in this category is deter- equipment portion of interexchange mined separately for each wideband channels used for wideband services. channel and is segregated between mes- The cost of interexchange circuit sage and private line services on the equipment in this category is deter- basis of the use of the channels pro- mined separately for each wideband vided. The respective costs are allo- channel and is segregated between mes- cated to the appropriate operation in sage and private line services on the the same manner as the related inter- basis of the use of the channels pro- exchange cable and wire facilities de- vided. The respective costs are allo- scribed in § 36.156. cated to the appropriate operation in (3) All Other Interexchange Circuit the same manner as the related inter- Equipment—Category 4.23—This cat- exchange cable and wire facilities as egory includes the cost of all inter- described in § 36.156. exchange circuit equipment not as- (3) All Other Interexchange Circuit signed to Categories 4.21 and 4.22. The Equipment—Category 4.23—This cat- cost of interexchange basic circuit egory includes the cost of all inter- equipment used for the following class- exchange circuit equipment not as- es of circuits is included in this cat- signed to Categories 4.21 and 4.22. egory: Jointly used message circuits, Interexchange carriers shall freeze the i.e., message switching plant circuits

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carrying messages from the state and intrastate toll, and interstate toll op- interstate operations; circuits used for erations on the basis of the assignment state private line service; and circuits of host/remote message cable and wire used for state private line services. facilities as described in § 36.157. (i) An average interexchange circuit (ii) [Reserved] equipment cost per equivalent inter- (2) Effective July 1, 2001, through De- exchange telephone termination for all cember 31, 2024, all study areas shall circuits is determined and applied to apportion costs in the subcategory the equivalent interexchange telephone specified in paragraph (f)(1) of this sec- termination counts of each of the fol- tion among the jurisdictions using the lowing classes of circuits: Private Line, allocation factor, as specified in para- State Private Line, Message. The cost graph (f)(1)(i) of this section, for this of interstate private line circuits is as- subcategory for the twelve-month pe- signed directly to the interstate oper- riod ending December 31, 2000. Direct ation. The cost of state private line cir- assignment of any Category 4.3 Host/ cuits is assigned directly to the state Remote Message Circuit Equipment to operation. The cost of message circuits the jurisdictions shall be updated an- is apportioned between the state and nually. interstate operations on the basis of the relative number of study area con- [52 FR 17229, May 6, 1987, as amended at 53 FR 33012 Aug. 29, 1988; 66 FR 33205, June 21, versation-minutes applicable to such 2001; 69 FR 12550, Mar. 17, 2004; 71 FR 65745, facilities. Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76 FR (ii) [Reserved] 30841, May 27, 2011; 79 FR 36236, June 26, 2014; (iii) The cost of special circuit equip- 82 FR 48776, Oct. 20, 2017; 83 FR 63585, Dec. 11, ment is segregated among private line 2018; 84 FR 4360, Feb. 15, 2019] services based on an analysis of the use of the equipment and in accordance INFORMATION ORIGINATION/TERMINATION with § 36.126(b)(4). The special circuit (IOT) EQUIPMENT equipment cost assigned to private line § 36.141 General. services is directly assigned to the appropriate operations. (a) Information Origination/Termi- (4) Effective July 1, 2001, through De- nation Equipment is maintained in Ac- cember 31, 2024, all study areas shall count 2310 and includes station appa- apportion costs in the categories/sub- ratus, embedded customer premises categories specified in paragraphs (e)(1) wiring, large private branch exchanges, through (3) of this section among the public telephone terminal equipment, jurisdictions using relative use meas- and other terminal equipment. urements or factors, as specified in (b) The costs in Account 2310 shall be paragraphs (e)(1) through (3) for the segregated between Other Information twelve-month period ending December Origination/Termination Equipment— 31, 2000. Direct assignment of any sub- Category 1, and New Customer Prem- category of Category 4.2 Interexchange ises Equipment—Category 2 by an anal- Circuit Equipment to the jurisdictions ysis of accounting, engineering and shall be updated annually. other records. (f) Apportionment of Host/Remote (c) Effective July 1, 2001, through De- Message Circuit Equipment Among the cember 31, 2024, local exchange carriers Operations. subject to price cap regulation, pursu- (1) Host/Remote Message Circuit ant to § 61.41 of this chapter, shall as- Equipment—Category 4.3. This cat- sign the average balance of Account egory includes message host/remote lo- 2310 to the categories, as specified in cation circuit equipment for which a paragraph (b) of this section, based on message circuit switching function is the relative percentage assignment of performed at the host central office as- the average balance of Account 2310 to sociated with cable and wire facilities these categories during the twelve- as described in § 36.152(c). month period ending December 31, 2000. (i) The category 4.3 cost of host/re- [52 FR 17229, May 6, 1987, as amended at 66 mote circuit equipment assigned to FR 33206, June 21, 2001; 75 FR 30301, June 1, message services for the study area is 2010; 76 FR 30841, May 27, 2011; 79 FR 36237, apportioned among the exchange, June 26, 2014]

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§ 36.142 Categories and apportionment egory and the determination of the procedures. cost of the facilities so identified. Be- (a) Other Information Origination/Ter- cause of variations among companies mination Equipment—Category 1. This in the character of the facilities and category includes the cost of other in- operating conditions, and in the ac- formation origination/termination counting and engineering records equipment not assigned to Category 2. maintained, the detailed methods fol- The costs of other information origina- lowed, of necessity, will vary among tion/termination equipment are allo- the companies. The general principles cated pursuant to the factor that is to be followed, however, will be the used to allocate subcategory 1.3 Ex- same for all companies. change Line C&WF. (d) The second step is the apportion- (b) Customer Premises Equipment—Cat- ment of the cost of the facilities in egory 2. This category includes the cost each category among the operations of Customer Premises Equipment that through the application of appropriate was detariffed pursuant to the Second factors or by direct assignment. Computer Inquiry decision. It shall be assigned to the state operations. § 36.152 Categories of Cable and Wire (c) Effective July 1, 2001, through De- Facilities (C&WF). cember 31, 2024, all study areas shall apportion costs in the categories, as (a) C&WF are basically divided be- specified in § 36.141(b), among the juris- tween exchange and interexchange. Ex- dictions using the relative use meas- change C&WF consists of the following urements or factors, as specified in categories: paragraph (a) of this section, for the (1) Exchange Line C&WF Excluding twelve-month period ending December Wideband—Category 1—This category 31, 2000. Direct assignment of any cat- includes C&W facilities between local egory of Information Origination/Ter- central offices and subscriber premises mination Equipment to the jurisdic- used for message telephone, private tions shall be updated annually. line, local channels, and for circuits be- [52 FR 17229, May 6, 1987, as amended at 66 tween control terminals and radio sta- FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, tions providing very high frequency 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, maritime service or urban or highway May 27, 2011; 79 FR 36237, June 26, 2014] mobile service. CABLE AND WIRE FACILITIES (2) Wideband and Exchange Trunk C&WF—Category 2—This category in- § 36.151 General. cludes all wideband, including Ex- (a) Cable and Wire Facilities, Ac- change Line Wideband and C&WF be- count 2410, includes the following types tween local central offices and Wide- of communications plant in service: band facilities. It also includes C&WF Poles and antenna supporting struc- between central offices or other switch- tures, aerial cable, underground cable, ing points used by any common carrier buried cable, submarine cable, deep sea for interlocal trunks wholly within an cable, intrabuilding network cable, exchange or metropolitan service area, aerial wire and conduit systems. interlocal trunks with one or both ter- (b) For separations purposes, it is minals outside a metropolitan service necessary to analyze the cable and wire area carrying some exchange traffic, facilities classified in subordinate toll connecting trunks, tandem trunks records in order to determine their as- principally carrying exchange traffic, signment to the categories listed in the the exchange trunk portion of WATS following paragraphs. access lines, the exchange trunk por- (c) In the separation of the cost of tion of private line local channels, and cable and wire facilities among the op- the exchange trunk portion of circuits erations, the first step is the assign- between control terminals and radio ment of the facilities to certain cat- stations providing very high frequency egories. The basic method of making this assignment is the identification of maritime service or urban or highway the facilities assignable to each cat- mobile service.

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(3) The procedures for apportioning to one category, its cost and quantity the cost of exchange cable and wire fa- are, where practicable, directly as- cilities among the operations are set signed. forth in §§ 36.154 and 36.155. (1) Cable. (i) There are two basic (b) Interexchange C&WF—Category methods for assigning the cost of cable 3—This category includes the C&WF to the various categories. Both of them used for message toll and toll private are on the basis of conductor cross sec- line services. It includes cable and wire tion. The methods are as follows: facilities carrying intertoll circuits, (A) By section of cable, uniform as to tributary circuits, the interexchange makeup and relative use by categories. channel portion of special service cir- From an analysis of cable engineering cuits, circuits between control termi- and assignment records, determine in nals and radio stations used for over- terms of equivalent gauge the number seas or coastal harbor service, of pairs in use or reserved, for each cat- interlocal trunks between offices in the egory. The corresponding percentages different exchange or metropolitan of use, or reservation, are applied to service areas carrying only message the cost of the section of cable, i.e., toll traffic and certain tandem trunks sheath meters times unit cost per which carry principally message toll meter, to obtain the cost assignable to traffic. each category. (1) The procedures for apportioning (B) By using equivalent pair kilo- the cost of interexchange cable and meters, i.e., pair kilometers expressed wire facilities among the operations in terms of equivalent gauge. From an are set forth in § 36.156. (c) Host/Remote Message C&WF— analysis of cable engineering and as- Category 4—This category includes the signment records, determine the equiv- cost of message host/remote location alent pair kilometers in use for each C&WF for which a message circuit category by type of facility, e.g., quad- switching function is performed at the ded, paired. The equivalent pair kilo- host central office. It applies to C&WF meters are then divided by a cable fill between host offices and all remote lo- factor to obtain the equivalent pair cations. The procedures for appor- kilometers in plant. The total equiva- tioning the cost of these facilities lent pair kilometers in plant assigned among the operations are set forth in to each category is summarized by § 36.157. type of facility, e.g., quadded and (d) Effective July 1, 2001, through De- paired, and priced at appropriate aver- cember 31, 2024, study areas subject to age unit costs per equivalent pair kilo- price cap regulation, pursuant to § 61.41 meter in plant. If desired, this study of this chapter, shall assign the aver- may be made in terms of circuit kilo- age balance of Account 2410 to the cat- meters rather than physical pair kilo- egories/subcategories, as specified in meters, with average cost and fill data paragraph (a) through (c) of this sec- consistent with the basis of the facili- tion based on the relative percentage ties kilometer count. assignment of the average balance of (ii) In the assignment of the cost of Account 2410 to these categories/sub- cable under the two basic methods de- categories during the twelve-month pe- scribed in § 36.153(a)(1)(i) consideration riod ending December 31, 2000. is given to the following: (A) Method (A) described in [52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, § 36.153(a)(1)(i)(A) will probably be 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, found more desirable where there is a May 27, 2011; 79 FR 36237, June 26, 2014] relatively small amount of cable of variable make-up and use by cat- § 36.153 Assignment of Cable and Wire egories. Conversely, method (B) de- Facilities (C&WF) to categories. scribed in § 36.153(a)(1)(i)(B) will prob- (a) Cable consists of: Aerial cable, ably be more desirable where there is a underground cable, buried cable, sub- large amount of cable of variable marine cable, deep sea cable and make-up and use by categories. How- intrabuilding network cable. Where an ever, in some cases a combination of entire cable or aerial wire is assignable both methods may be desirable.

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(B) It will be desirable in some cases wire accounted for as toll, which is to determine the amount assignable to used for exchange, is also assigned to a particular category by deducting the appropriate Exchange Cable & Wire from the total the sum of the amounts Facilities categories. The cost of the assigned to all other categories. remaining wire accounted for as toll is (C) For use in the assignment of poles assigned to the appropriate Inter- to categories, the equivalent sheath exchange Cable & Wire Facilities cat- kilometers of aerial cable assigned to egories as described in § 36.156. For each category are determined. For con- companies not maintaining exchange venience, these quantities are deter- and toll subaccounts, it is necessary to mined in connection with assignment review the plant records and identify of cable costs. wire plant by use. The cost of wire used (D) Where an entire cable is assign- for providing circuits directly assignable to one category, its costs and able to a category is assigned to that quantity are, where practicable, di- category. The cost of wire used for pro- rectly assigned. viding circuit facilities jointly used for (iii) For cables especially arranged exchange and interexchange lines is as- for high-frequency transmission such signed to categories on the basis of the as shielded, disc-insulated and coaxial, relative number of circuit kilometers recognition is given to the additional involved. costs which are charged to the high- (c) Poles and Antenna Supporting frequency complement. Structures. (1) In the assignment of (2) Cable Loading. (i) Methods for as- these costs, anchors, guys, crossarms, signing the cost of loading coils, cases, antenna supporting structure, and etc., to categories are comparable with right-of-way are included with the those used in assigning the associated poles. cable to categories. Loading associated (2) Poles. (i) The cost of poles is as- with cable which is directly assigned to signed to categories based on the ratio a given category is also directly as- of the cost of poles to the total cost of signed. The remaining loading is as- aerial wire and aerial cable. signed to categories in either of the (d) Conduit Systems. (1) The cost of following bases: conduit systems is assigned to cat- (A) By an analysis of the use made of egories on the basis of the assignment the loading facilities where a loading of the cost of underground cable. coil case includes coils assignable to [53 FR 17229, May 6, 1987, as amended at 53 more than one category, e.g., in the FR 33012, Aug. 29, 1988; 58 FR 44905, Aug. 25, case of a single gauge uniformly loaded 1993] section, the percentage used in the related cable assignment are applicable, § 36.154 Exchange Line Cable and Wire or Facilities (C&WF)—Category 1—ap- (B) By pricing out each category by portionment procedures. determining the pair meters of loaded (a) Exchange Line C&WF—Category 1. pairs assigned to each category and The first step in apportioning the cost multiplying by the unit cost per pair of exchange line cable and wire facili- meter of loading by type. ties among the operations is the deter- (3) Other Cable Plant. (i) In view of mination of an average cost per work- the small amounts involved, the cost of ing loop. This average cost per working all protected terminals and gas pres- loop is determined by dividing the sure contactor terminals in the toll total cost of exchange line cable and cable subaccounts is assigned to the wire Category 1 in the study area by appropriate Interexchange Cable & the sum of the working loops described Wire Facilities categories. The cost of in subcategories listed below. The sub- all other terminals in the exchange and categories are: toll cable subaccounts is assigned to Subcategory 1.1—State Private Lines Exchange Cable and Wire Facilities. and State WATS Lines. This sub- (b) Aerial Wire. (1) The cost of wire category shall include all private lines accounted for as exchange is assigned and WATS lines carrying exclusively to the appropriate Exchange Cable & state traffic as well as private lines and Wire Facilities categories. The cost of WATS lines carrying both state and

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interstate traffic if the interstate traf- minutes of use, as specified in para- fic on the line involved constitutes ten graph (a) of this section, for the percent or less of the total traffic on twelve-month period ending December the line. 31, 2000. Direct assignment of any Cat- Subcategory 1.2—Interstate private egory 2 equipment to the jurisdictions lines and interstate WATS lines. This shall be updated annually. subcategory shall include all private lines and WATS lines that carry exclu- [52 FR 17229, May 6, 1987, as amended at 66 sively interstate traffic as well as pri- FR 33206, June 21, 2001; 75 FR 30301, June 1, vate lines and WATS lines carrying 2010; 76 FR 30841, May 27, 2011; 79 FR 36237, both state and interstate traffic if the June 26, 2014] interstate traffic on the line involved constitutes more than ten percent of § 36.156 Interexchange Cable and Wire the total traffic on the line. Facilities (C&WF)—Category 3—apportionment procedures. Subcategory 1.3—Subscriber or common lines that are jointly used for (a) An average interexchange cable local exchange service and exchange and wire facilities cost per equivalent access for state and interstate inter- interexchange telephone circuit kilo- exchange services. meter for all circuits in Category 3 is (b) The costs assigned to subcat- determined and applied to the equiva- egories 1.1 and 1.2 shall be directly as- lent interexchange telephone circuit signed to the appropriate jurisdiction. kilometer counts of each of the classes (c) Effective January 1, 1986, 25 per- of circuits. cent of the costs assigned to sub- (b) The cost of C&WF applicable to category 1.3 shall be allocated to the this category shall be directly assigned interstate jurisdiction. where feasible. If direct assignment is (d)–(f) [Reserved] (g) Effective July 1, 2001, through De- not feasible, cost shall be apportioned cember 31, 2024, all study areas shall between the state and interstate juris- apportion Subcategory 1.3 Exchange diction on the basis of conversation- Line C&WF among the jurisdictions as minute kilometers as applied to toll specified in paragraph (c) of this sec- message circuits, etc. tion. Direct assignment of subcategory (c) Effective July 1, 2001, through De- Categories 1.1 and 1.2 Exchange Line cember 31, 2024, all study areas shall di- C&WF to the jurisdictions shall be up- rectly assign Category 3 Interexchange dated annually as specified in para- Cable and Wire Facilities C&WF where graph (b) of this section. feasible. All study areas shall appor- [52 FR 17229, May 6, 1987, as amended at 53 tion the non-directly assigned costs in FR 33012, Aug. 29, 1988; 54 FR 31033, July 26, Category 3 equipment to the jurisdic- 1989; 66 FR 33206, June 21, 2001; 67 FR 17014, tions using the relative use measure- Apr. 9, 2002; 71 FR 65746, Nov. 9, 2006; 75 FR ments, as specified in paragraph (b) of 30301, June 1, 2010; 76 FR 30841, May 27, 2011; this section, during the twelve-month 79 FR 36237, June 26, 2014; 83 FR 63585, Dec. 11, 2018] period ending December 31, 2000. [58 FR 44905, Aug. 25, 1993, as amended at 66 § 36.155 Wideband and exchange trunk (C&WF)—Category 2—apportion- FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, ment procedures. 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36237, June 26, 2014] (a) The cost of C&WF applicable to this category shall be directly assigned § 36.157 Host/remote message Cable where feasible. If direct assignment is and Wire Facilities (C&WF)—Cat- not feasible, cost shall be apportioned egory 4—apportionment proce- between the state and interstate juris- dures. dictions on the basis of the relative (a) Host/Remote Message C&WF—Cat- number of minutes of use. egory 4. The cost of host/remote C&WF (b) Effective July 1, 2001, through De- used for message circuits, i.e., circuits cember 31, 2024, all study areas shall carrying only message traffic, is in- apportion Category 2 Wideband and excluded in this category. change trunk C&WF among the jurisdictions using the relative number of

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(1) The cost of host/remote message TELECOMMUNICATIONS PLANT—OTHER C&WF excluding WATS closed end access lines for the study area is appor- § 36.171 Property held for future tele- tioned on the basis of the relative num- communications use—Account 2002; ber of study area minutes-of-use kilo- Telecommunications plant under construction—Account 2003; and meters applicable to such facilities. Telecommunications plant adjust- (2) The cost of host/remote message ment—Account 2005. C&WF used for WATS closed end access The amounts carried in Accounts for the study area is directly assigned 2002, 2003, and 2005 are apportioned to the appropriate jurisdiction. among the operations on the basis of (b) Effective July 1, 2001, through De- the apportionment of Account 2001, cember 31, 2024, all study areas shall Telecommunications Plant in Service. apportion Category 4 Host/Remote message Cable and Wire Facilities [60 FR 12138, Mar. 6, 1995] C&WF among the jurisdictions using RURAL TELEPHONE BANK STOCK the relative number of study area minutes-of-use kilometers applicable to § 36.172 Other noncurrent assets—Ac- such facilities, as specified in para- count 1410. graph (a)(1) of this section, for the (a) The amounts carried in this ac- twelve-month period ending December count shall be separated into sub- 31, 2000. Direct assignment of any Cat- sidiary record categories: egory 4 equipment to the jurisdictions (1) Class B RTB Stock and shall be updated annually. (2) All other. [52 FR 17229, May 6, 1987, as amended at 58 (b) The amounts contained in cat- FR 44905, Aug. 25, 1993; 66 FR 33206, June 21, egory (2) all other of § 36.172(a)(2), shall 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, be excluded from part 36 jurisdictional May 27, 2011; 79 FR 36237, June 26, 2014] separations. (c) The amounts contained in cat- AMORTIZABLE ASSETS egory (1) Class B RTB stock of § 36.172(a)(1), shall be allocated based on § 36.161 Tangible assets—Account 2680. the relative separations of Account 2001, Telephone Plant in Service. (a) Tangible Assets, Account 2680 includes the costs of property acquired [52 FR 17229, May 6, 1987, as amended at 53 under capital leases and the original FR 33012, Aug. 29, 1988] cost of leasehold improvements. MATERIAL AND SUPPLIES AND CASH (b) The costs of capital leases are ap- WORKING CAPITAL portioned among the operations based on similar plant owned or by analysis. § 36.181 Material and supplies—Ac- (c) The cost of leasehold improve- count 1220. ments are apportioned among the oper- (a) The amount included in Account ations in direct proportion to the costs 1220 is apportioned among the oper- of the related primary account. ations on the basis of the apportionment of the cost of cable and wire fa- § 36.162 Intangible assets—Account cilities in service. Any amounts in- 2690. cluded in Account 1220 associated with (a) Intangible Assets, Account 2690 the Customer Premises portion of Ac- includes the costs of organizing and in- count 2310 equipment, shall be excluded corporating the company, franchises, from the amounts which are allocated patent rights, and other intangible to the interstate operation. property having a life of more than one year. § 36.182 Cash working capital. (b) The amount included in this ac- (a) The amount for cash working cap- count is apportioned among the oper- ital, if not determined directly for a ations on the basis of the separation of particular operation, is apportioned the cost of Telecommunications Plant among the operations on the basis of In Service, Account 2001, excluding the total expenses less non-cash expense Intangible Assets, Account 2690. items.

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EQUAL ACCESS EQUIPMENT Subpart C—Operating Revenues and Certain Income Accounts § 36.191 Equal access equipment. (a) Equal access investment includes GENERAL only initial incremental expenditures for hardware and other equipment re- § 36.201 Section arrangement. lated directly to the provision of equal This subpart is arranged in sections access which would not be required to as follows: upgrade the capabilities of the office General ...... 36.202 involved absent the provision of equal Operating Revenues ...... 36.211 access. Equal access investment is lim- Basic local services rev- ited to such expenditures for con- enue—Account 5000 ...... 36.212 verting central offices which serve Network Access Revenues— competitive interexchange carriers or Accounts 5081 thru 5083 ... 36.213 where there has been a bona fide re- Long Distance Message Revenue—Account 5100 .... 36.214 quest for conversion to equal access. Miscellaneous Revenue— (b) Equal access investment is first Account 5200 ...... 36.215 segregated from all other amounts in Uncollectible Revenue—Ac- the primary accounts. count 5300 ...... 36.216 (c) The equal access investment de- Certain Income Accounts: termined in this manner is allocated Other Operating Income between the jurisdictions on the basis and Expenses—Account of relative state and interstate equal 7100 ...... 36.221 Nonoperating Income and access traffic including interstate Expenses—Account 7300 ... 36.222 interLATA equal access traffic, intra- Interest and Related state interLATA equal access traffic, Items—Account 7500 ...... 36.223 and BOC interstate corridor toll traffic Extraordinary Items—Ac- as well as AT&T and OCC intraLATA count 7600 ...... 36.224 equal access usage. Local exchange Income Effect of Jurisdic- traffic and BOC intraLATA toll traffic tional Ratemaking Dif- is excluded. In the case of independent ferences—Account 7910 .... 36.225 telephone companies, intrastate toll [69 FR 12550, Mar. 17, 2004, as amended at 83 service provided by the independent FR 63585, Dec. 11, 2018] local exchange company is excluded in determining intrastate usage, but § 36.202 General. intrastate toll service provided by long (a) This section sets forth procedures distance carriers affiliated with the for the apportionment among the oper- local exchange company is included. ations of operating revenues and cer- (d) Effective July 1, 2001, through De- tain income and expense accounts. cember 31, 2024, all study areas shall (b) Except for the Network Access apportion Equal Access Equipment, as Revenues, subsidiary record categories specified in paragraph (a) of this sec- are maintained for all revenue action, among the jurisdictions using the counts in accordance with the require- relative state and interstate equal ac- ments of part 32. These subsidiary cess traffic, as specified in paragraph records identify services for the appro- (c) of this section, for the twelve- priate jurisdiction and will be used in month period ending December 31, 2000. conjunction with apportionment procedures stated in this manual. [52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 66 FR 33206, June 21, [52 FR 17299, May 6, 1987, as amended at 69 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, FR 12550, Mar. 17, 2004] May 27, 2011; 79 FR 36237, June 26, 2014] OPERATING REVENUES

§ 36.211 General. Operating revenues are included in the following accounts:

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(c) Special Access Revenue—Account Account title Account No. 5083. Revenues in this account are di- Basic Local Service Revenue ...... 5000 rectly assigned on the basis of analysis Network Access Revenues: and studies. End User Revenue ...... 5081 Switched Access Revenue ...... 5082 [52 FR 17299, May 6, 1987, as amended at 69 Special Access Revenue ...... 5083 FR 12550, Mar. 17, 2004] Long Distance Message Revenue ...... 5100 Miscellaneous Revenue ...... 5200 § 36.214 Long distance message rev- Uncollectible Revenue ...... 5300 enue—Account 5100. (a) Wideband message service reve- [69 FR 12550, Mar. 17, 2004, as amended at 83 nues from monthly and miscellaneous FR 63585, Dec. 11, 2018] charges, service connections, move and change charges, are apportioned be- § 36.212 Basic local services revenue— tween state and interstate operations Account 5000. on the basis of the relative number of (a) Local private line revenues from minutes-of-use in the study area. Effec- broadcast program transmission audio tive July 1, 2001, through December 31, services and broadcast program trans- 2024, all study areas shall apportion mission video services are assigned to Wideband Message Service revenues the interstate operation. among the jurisdictions using the rel- (b) Revenues that are attributable to ative number of minutes of use for the the origination or termination of inter- twelve-month period ending December state FX or CCSA like services shall be 31, 2000. assigned to the interstate jurisdiction. (b) Long Distance private line service (c) Wideband Message Service reve- revenues from broadcast program nues from monthly and miscellaneous transmission audio services and broad- charges, service connections, move and cast program transmission video serv- change charges, are apportioned be- ices are assigned to the interstate oper- tween state and interstate operations ation. on the basis of the relative number of (c) All other revenues in this account minutes-of-use in the study area. Effec- are directly assigned based on their tive July 1, 2001, through December 31, subsidiary record categories or on the 2024, all study areas shall apportion basis of analysis and studies. Wideband Message Service revenues among the jurisdictions using the rel- [52 FR 17229, May 6, 1987, as amended at 66 ative number of minutes of use for the FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, twelve-month period ending December May 27, 2011; 79 FR 36237, June 26, 2014] 31, 2000. (d) All other revenues in this account § 36.215 Miscellaneous revenue—Ac- are assigned to the exchange operation count 5200. based on their subsidiary record cat- (a) Directory revenues are assigned egories or on the basis of analysis and to the exchange operation. studies. (b) Billing and collection revenues [52 FR 17229, May 6, 1987, as amended at 66 are assigned on the basis of services FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, being provided. 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, (c) All other revenues are appor- May 27, 2011; 79 FR 36237, June 26, 2014] tioned on the basis of analysis. § 36.213 Network access services revenues. § 36.216 Uncollectible revenue—Ac- count 5300. (a) End User Revenue—Account 5081. Revenues in this account are directly The amounts in this account are ap- assigned on the basis of analysis and portioned among the operations on the studies. basis of analysis during a representative period of the portion of Account (b) Switched Access Revenue—Ac- 1171, Allowance for doubtful accounts, count 5082. Revenues in this account related to telecommunications billing. are directly assigned on the basis of analysis and studies. [69 FR 12551, Mar. 17, 2004]

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CERTAIN INCOME ACCOUNTS § 36.224 Extraordinary items—Account 7600. § 36.221 Other operating income and (a) Amounts in this account of an op- expenses—Account 7100. erating nature are apportioned on a (a) Amounts relating to translation basis consistent with the nature of in foreign exchange differentials are these items. assigned to the interstate operations. (b) All other amounts are appor- § 36.225 Income effect of jurisdictional tioned based on Telecommunications ratemaking differences—Account Plant in Service, Account 2001, if plant 7910. related, or on the nature of the item (a) Amounts in this account are di- reflected in the account, if not plant rectly assigned to the appropriate ju- related. risdiction. § 36.222 Nonoperating income and ex- Subpart D—Operating Expenses penses—Account 7300. and Taxes (a) Only allowance for funds used during construction, and charitable, GENERAL social and community welfare contributions are considered in this ac- § 36.301 Section arrangement. count for separations purposes. This subpart is arranged in sections (b) Subsidiary record categories as follows: should be maintained for this account General ...... 36.301 that include identification of amounts and made to the account for (1) credits rep- 36.302. resenting allowance for funds used dur- Plant Specific Operations Ex- penses: ing construction and (2) contributions General ...... 36.310. for charitable, social or community Network Support/General 36.311. welfare purposes, employee activities, Support Expenses—Ac- membership dues and fees in service counts 6110 and 6120. clubs, community welfare association Central Office Expenses— 36.321. and similar organizations. Accounts 6210, 6220, 6230. (c) The portion reflecting allowance Information Origination/ 36.331. Termination Expenses— for funds used during construction is Account 6310. apportioned on the basis of the cost of Cable and Wire Facilities 36.341. Telecommunications Plant Under Con- Expenses—Account 6410. struction—Account 2003. The portion Plant Nonspecific Operations Ex- reflecting costs for social and commu- penses: nity welfare contributions and fees is General ...... 36.351. apportioned on the basis of the appor- Other Property Plant and 36.352. tionment of corporate operations ex- Equipment Expenses— Account 6510. penses. Network Operations Ex- 36.353. [52 FR 17229, May 6, 1987, as amended at 60 penses—Account 6530. FR 12138, Mar. 6, 1995] Access Expenses—Account 36.354. 6540. § 36.223 Interest and related items— Depreciation and Amorti- 36.361. Account 7500. zation Expenses—Ac- count 6560. (a) Only interest paid relating to cap- Customer Operations Expenses: ital leases is considered in this account General ...... 36.371. for separations purposes. Subsidiary Marketing—Account 6610 36.372. Record Categories should be main- Services—Account 6620 ..... 36.373. tained for this account that include de- Telephone Operator Serv- 36.374. tails relating to interest expense on ices. Published Directory List- 36.375. capital leases. Such interest expense is ing. apportioned on a basis consistent with All Other ...... 36.376. the associated capital leases in Ac- Category 1—Local Bus. Of- 36.377. count 2680. fice Expense.

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Category 2—Customer 36.378. (2) SRCs for Rents and Clearance are Services (Revenue Ac- only applicable to the Plant Specific counting). Operating Expense accounts 6110 thru Message Processing Ex- 36.379. pense. 6410. Other Billing and Col- 36.380. [52 FR 17229, May 6, 1987, as amended at 83 lecting Expense. FR 63586, Dec. 11, 2018] Carrier Access Charge 36.381. Billing and Collecting Expense. PLANT SPECIFIC OPERATIONS EXPENSES Category 3—All other Cus- 36.382. tomer Service Expense. § 36.310 General. Corporate Operations Expenses: (a) Plant specific operations expenses General ...... 36.391. include the following accounts: General and Administra- 36.392. tive Expenses—Account 6720. TABLE 1 TO PARAGRAPH (a) Operating Taxes—Account 36.411 7200. and Network Support Expenses ...... Account 36.412. 6110. Equal Access Expenses ..... 36.421. General Support Expenses ...... Account [69 FR 12551, Mar. 17, 2004, as amended at 83 6120. FR 63585, Dec. 11, 2018] Central Office Switching Ex- Account penses. 6210. § 36.302 General. Operator System Expenses ...... Account (a) This section sets forth procedures 6220. for the apportionment among the oper- Central Office Transmission Ex- Account ations of operating expenses and oper- penses. 6230. ating taxes. Information Origination/Termi- Account (b) As covered in § 36.2 (c) and (d), the nation Expenses. 6310. treatment of expenses relating to plant Cable and Wire Facilities Ex- Account furnished to and obtained from others penses. 6410. under rental arrangements is consistent with the treatment of such (b) These accounts are used to record plant. costs related to specific kinds of tele- (c) In accordance with requirements communications plant and predomi- in part 32 § 32.5999 (f) expenses recorded nantly mirror the telecommunications in the expense accounts are segregated in the accounting process among the plant in service detail accounts. Ac- following subsidiary record categories cordingly, these expense accounts will as appropriate to each account: generally be apportioned in the same manner as the related plant accounts. Salaries and Wages (c) Except where property obtained Benefits from or furnished to other companies is Rents Other Expenses treated as owned property by the com- Clearances pany making the separation, and the related operating rents are excluded (1) Subsidiary Record Categories from the separation studies as set forth (SRCs) for Salaries and Wages, Benefits in § 36.2 (c) and (d), amounts are appor- and Other Expenses are applicable to tioned among the operations on bases all of the expense accounts except for: generally consistent with the treat- (i) SRCs for access expenses are ment prescribed for similar plant costs maintained to identify interstate and and consistent with the relative mag- state access expense and billing and nitude of the items involved. collection expense for carrier’s carrier. (ii) Depreciation and Amortization [52 FR 17229, May 6, 1987, as amended at 53 Expense SRCs identify the character of FR 33012, Aug. 29, 1988; 69 FR 12551, Mar. 17, the items contained in the account. 2004; 83 FR 63586, Dec. 11, 2018]

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NETWORK SUPPORT/GENERAL SUPPORT records; for others, they are obtained EXPENSES by means of analyses of plant, accounting or other records for a representa- § 36.311 Network Support/General tive period. Support Expenses—Accounts 6110 and 6120. (b) Other Information Origination/ Termination Equipment Expenses in- (a) Network Support Expenses are exclude all expenses not associated with penses associated with motor vehicles, Customer Premises Equipment ex- aircraft, special purpose vehicles, garage work equipment, and other work penses. These expenses shall be appor- equipment. General Support Expenses tioned between state and interstate op- are expenses associated with land and erations in accordance with the appor- buildings, furniture and artworks, of- tionment of the related investment as fice equipment, and general purpose per § 36.142(a). computers. (c) Expenses related to Customer (b) The expenses in these account are Premises Equipment shall be assigned apportioned among the operations on to the state operations. the basis of the separation of account [52 FR 17229, May 6, 1987, as amended at 53 2110, Land and Support Assets. FR 33012, Aug. 29, 1988] CENTRAL OFFICE EXPENSES CABLE AND WIRE FACILITIES EXPENSES § 36.321 Central office expenses—Ac- counts 6210, 6220, and 6230. § 36.341 Cable and wire facilities expenses—Account 6410. (a) The expenses related to central office equipment are summarized in (a) This account includes the ex- the following accounts: penses for poles, antenna supporting structures, aerial cable, underground TABLE 1 TO PARAGRAPH (a) cable, buried cable, submarine cable, deep sea cable, intrabuilding network Central Office Switching Ex- Account cable, aerial wire, and conduit systems. pense. 6210. (b) The general method of separating Operator Systems Expense ...... Account cable and wire facilities expenses 6220. amoung the operations is to assign Central Office Transmission Ex- Account them on the basis of Account 2410— pense. 6230. Cable and Wire Facilities.

(b) The expenses in these accounts PLANT NONSPECIFIC OPERATIONS are apportioned among the operations EXPENSES on the basis of the separation of the investments in central office equip- § 36.351 General. ment—Accounts 2210, 2220 and 2230, combined. Plant nonspecific operations expenses include the following accounts: [52 FR 17229, May 6, 1987, as amended at 69 FR 12552, Mar. 17, 2004; 83 FR 63586, Dec. 11, TABLE 1 TO § 36.351 2018]

INFORMATION ORIGINATION/TERMINATION Other Property Plant and Account EXPENSES Equipment Expenses. 6510. Network Operations Expenses Account § 36.331 Information origination/termi- 6530. nation expenses—Account 6310. Access Expenses ...... Account (a) The expenses in this account are 6540. classified as follows: Depreciation and Amortization Account (1) Other Information Origination/ Expenses. 6560. Termination Equipment Expenses; Cus- tomer Premises Equipment Expenses (2) For some companies, these classi- [83 FR 63586, Dec. 11, 2018] fications are available from accounting

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PLANT EXPENSES—OTHER CUSTOMER OPERATIONS EXPENSES

§ 36.352 Other property plant and § 36.371 General. equipment expenses—Account 6510. Customer Operations Expenses are (a) This account is used to record the included in the following accounts: expenses associated with (1) property Marketing ...... Account 6610. held for future telecommunications use Services ...... Account 6620. and (2) the provisioning of material and supplies. [69 FR 12552, Mar. 17, 2004, as amended at 83 (b) The expenses in this account are FR 63587, Dec. 11, 2018] apportioned among the operations § 36.372 Marketing—Account 6610. based on the separation of Account 2001—Telecommunications Plant in The expenses in this account are ap- Service. portioned among the operations on the basis of an analysis of current billing NETWORK OPERATIONS EXPENSES for a representative period, excluding current billing on behalf of others and § 36.353 Network operations ex- billing in connection with intercom- penses—Account 6530. pany settlements. Effective July 1, (a) This account includes the ex- 2001, through December 31, 2024, all penses associated with the provisions study areas shall apportion expenses in of power, network administration, test- this account among the jurisdictions ing, plant operations administration, using the analysis during the twelve- and engineering. month period ending December 31, 2000. (b) The expenses in this account are [79 FR 36238, June 26, 2014] apportioned among the operations based on the separations of Account § 36.373 Services—Account 6620. 2210, Central Office Switching, Account (a) For apportionment purposes, the 2220 Operator Systems, Account 2230 expenses in this account are first seg- Central Office Transmission, Account regated on the basis of an analysis of 2310, Information Origination/Termi- job functions into the following classi- nation and Account 2410, Cable and fications: Telephone operator services: Wire Facilities, Combined. publishing directory listing; and all other. § 36.354 Access expenses—Account (1) Expenses may be apportioned 6540. among the operations for groups of ex- (a) This account includes access changes. A group of exchanges may in- charges paid to exchange carriers for clude all exchanges in the study area. exchange access service. These are directly assigned to the appropriate ju- § 36.374 Telephone operator services. risdiction based on subsidiary record (a) Expenses in this classification in- categories or on analysis and study. clude costs incurred for operators in call completion service and number DEPRECIATION AND AMORTIZATION services. This includes intercept, EXPENSES quoting rates, directory information, time charges, and all other operator § 36.361 Depreciation and amortization functions performed in the central of- expenses—Account 6560. fice, private branch exchange, teletype- (a) This account includes the depre- writer exchange, and at public tele- ciation expenses for telecommuni- phone stations. cations plant in service and for prop- (b) Effective July 1, 2001, through De- erty held for future telecommuni- cember 31, 2024, study areas subject to cations use. It also includes the amor- price cap regulation, pursuant to § 61.41 tization expense for tangible and intan- of this chapter, shall assign the bal- gible asserts. ance of Account 6620-Services to the (b) Expenses recorded in this account Telephone operator expense classifica- shall be separated on the basis of the tion based on the relative percentage separation of the associated primary assignment of the balance of Account Plant Accounts or related categories. 6620 to this classification during the

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twelve-month period ending December twelve-month period ending December 31, 2000. 31, 2000. (c) Expenses in this classification are (5) Effective July 1, 2001, through De- apportioned among the operations on cember 31, 2024, all study areas shall the basis of the relative number of apportion Published directory listing weighted standard work seconds as de- expenses using the underlying relative termined by analysis and study for a use measurements, as specified in para- representative period. graphs (b)(1) through (3) of this section, (d) Effective July 1, 2001, through De- during the twelve-month period ending cember 31, 2024, all study areas shall December 31, 2000. Direct assignment of apportion Telephone operator expenses any Publishing directory listing ex- among the jurisdictions using the rel- pense to the jurisdictions shall be up- ative number of weighted standard dated annually. work seconds, as specified in paragraph [52 FR 17229, May 6, 1987, as amended at 66 (c) of this section, during the twelve- FR 33207, June 21, 2001; 71 FR 65746, Nov. 9, month period ending December 31, 2000. 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36238, June 26, 2014; 83 FR [52 FR 17229, May 6, 1987, as amended at 66 63587, Dec. 11, 2018] FR 33207, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36238, § 36.376 All other. June 26, 2014] (a) For apportionment purposes this § 36.375 Published directory listing. classification must be divided into three categories: (a) This classification includes ex- (1) Category 1—Local Business Office penses for preparing or purchasing, Expense. compiling and disseminating directory (2) Category 2—Customer Services listings. Expense. (b) Published directory expense is as- (3) Category 3—All Other Customer signed as follows: Services Expense. (1) Classified directory expense and all expense of soliciting advertising is § 36.377 Category 1—Local business of- assigned to the exchange operation. fice expense. (2) The expense of alphabetical and (a) The expense in this category for street address directories and traffic the area under study is first segregated information records is apportioned on the basis of an analysis of job func- among the operations on the basis of tions into the following subcategories: the relative number of study area sub- End user service order processing; end scriber line minutes-of-use applicable user payment and collection; end user to each operation. billing inquiry; interexchange carrier (3) The expense associated with direc- service order processing; interexchange tories and traffic information records carrier payment and collection; inter- prepared for one locality and used in exchange carrier billing inquiry; and another locality is known as ‘‘foreign coin collection and administration. Ef- directories expense.’’ Such expense is fective July 1, 2001, through December assigned to the appropriate operation 31, 2024, study areas subject to price on the basis of the location of the point cap regulation, pursuant to § 61.41 of where used with respect to the locality this chapter, shall assign the balance for which the directories and records of Account 6620-Services to the subcat- were prepared. egories, as specified in this paragraph (4) Effective July 1, 2001, through De- (a), based on the relative percentage cember 31, 2024, study areas subject to assignment of the balance of Account price cap regulation, pursuant to § 61.41 6620 to these categories/subcategories of this chapter, shall assign the bal- during the twelve-month period ending ance of Account 6620-Services to the December 31, 2000. classifications, as specified in para- (1) End-user service order processing graphs (b)(1) through (3) of this section, includes expenses related to the receipt based on the relative percentage as- and processing of end users’ orders for signment of the balance of Account service and inquiries concerning serv- 6620 to these classifications during the ice. This subcategory does not include

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any service order processing expenses using relative billed TWX revenues for for services provided to the inter- the twelve-month period ending De- exchange carriers. End user service cember 31, 2000. All other subcategories order processing expenses are first seg- of End-user service order processing ex- regated into the following subcat- pense, as specified in paragraphs egories based on the relative number of (a)(1)(i) through (viii) shall be directly actual contacts which are weighted, if assigned. appropriate, to reflect differences in (2) End user payment and collection the average work time per contact: includes expenses incurred in relation Local service order processing; to the payment and collection of presubscription; directory advertising; amounts billed to end users. It also in- State private line and special access; cludes commissions paid to payment interstate private line and special ac- agencies (which receive payment on cess; other State message toll includ- customer accounts) and collection ing WATS; other interstate message agencies. This category does not in- toll including WATS. (i) Local service order processing exclude any payment or collection expense (primarily local telephone serv- penses for services provided to inter- ice orders) is assigned to the State ju- exchange carriers. End user payment risdiction. and collection expenses are first seg- (ii) Presubscription service order regated into the following subcat- processing expense is assigned to the egories based on relative total state interstate jurisdiction. and interstate billed revenues (exclud- (iii) Directory advertising service ing revenues billed to interexchange order processing expense is assigned to carriers and/or revenues deposited in the State jurisdiction. coin boxes) for services for which end (iv) State private line and special ac- user payment and collection is process service order processing expense is vided: State private line and special ac- assigned to the State jurisdiction. cess; interstate private line and special (v) Interstate private line and special access; State message toll including access service order processing expense WATS; interstate message toll includ- is assigned to the interstate jurisdic- ing WATS, and interstate subscriber tion. line charge; local, including directory (vi) Other State message toll includ- advertising. ing WATS service order processing ex- (i) State private line and special ac- pense is assigned to the State jurisdic- cess payment and collection expense is tion. assigned to the State jurisdiction. (vii) Other Interstate message toll in- (ii) Interstate private line and special cluding WATS service order processing access payment and collection expense expense is assigned to the interstate is assigned to the interstate jurisdic- jurisdiction. tion. (viii) [Reserved] (iii) State message toll including (ix) Effective July 1, 2001, through WATS payment and collection expense December 31, 2024, study areas subject is assigned to the State jurisdiction. to price cap regulation, pursuant to (iv) Interstate message toll including § 61.41 of this chapter, shall assign the WATS and interstate subscriber line balance of Account 6620-Services to the categories/subcategories, as specified charge payment and collection expense in paragraphs (a)(1)(i) through (viii) of is assigned to the interstate jurisdic- this section, based on the relative per- tion. centage assignment of the balance of (v) Local, including directory adver- Account 6620 to these categories/sub- tising payment and collection expense categories during the twelve-month pe- is assigned to the State jurisdiction. riod ending December 31, 2000. Effective (vi) [Reserved] July 1, 2001, through December 31, 2024, (vii) Effective July 1, 2001, through all study areas shall apportion TWX December 31, 2024, study areas subject service order processing expense, as to price cap regulation, pursuant to specified in paragraph (a)(1)(viii) of § 61.41 of this chapter, shall assign the this section among the jurisdictions balance of Account 6620-Services to the

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subcategories, as specified in para- assignment of the balance of Account graphs (a)(2)(i) through (vi) of this sec- 6620 to these subcategories during the tion, based on the relative percentage twelve-month period ending December assignment of the balance of Account 31, 2000. All other subcategories of End 6620 to these categories/subcategories user billing inquiry expense, as speci- during the twelve-month period ending fied in paragraphs (a)(2)(i) through (vi) December 31, 2000. All other subcat- shall be directly assigned. egories of End User payment and col- (4) Interexchange carrier service lection expense, as specified in para- order processing includes expenses as- graphs (a)(2)(i) through (v) of this sec- sociated with the receipt and proc- tion, shall be directly assigned. essing of interexchange carrier orders (3) End user billing inquiry includes for service and inquiries about service. expenses related to handling end users’ Interexchange carrier service order inquiries concerning their bills. This processing expenses are assigned to the category does not include expenses re- following subcategories based on the lated to the inquiries of interexchange relative number of actual contacts carriers concerning their bills. End which are weighted, if appropriate, to user billing inquiry costs are first seg- reflect differences in the average work regated into the following subcat- time per contact: State special access egories based on the relative number of and private line; interstate special ac- actual contracts, weighted if appro- cess and private line; State switched priate, to reflect differences in the av- access and message toll including erage work time per contact: State pri- WATS; interstate switched access and vate line and special access; interstate message toll including WATS; State private line and special access; State billing and collection; and interstate message toll including WATS, inter- billing and collection. state message toll including WATS, (i) State special access and private interstate subscriber line charge; and line service order processing expense is other. directly assigned to the State jurisdic- (i) State private line and special action. cess billing inquiry expense is directly (ii) Interstate special access and pri- assigned to the State jurisdiction. vate line service order processing ex- (ii) Interstate private line and special pense is directly assigned to the inter- access billing inquiry expense is di- state jurisdiction. rectly assigned to the interstate juris- (iii) State switched access and mes- diction. sage toll including WATS service order (iii) State message toll including processing expense is directly assigned WATS billing inquiry expense is di- to the State jurisdiction. rectly assigned to the State jurisdic- (iv) Interstate switched access and tion. message toll including WATS service (iv) Interstate message toll including order processing expense is directly as- WATS, and interstate subscriber line signed to the interstate jurisdiction. charge billing inquiry expense is di- (v) State billing and collection serv- rectly assigned to the interstate juris- ice order processing expense is directly diction. assigned to the state jurisdiction. (v) [Reserved] (vi) Interstate billing and collection (vi) Other billing inquiry expense service order processing expense is di- (primarily related to local bills but rectly assigned to the interstate juris- also including directory advertising) is diction. directly assigned to the State jurisdic- (vii) Effective July 1, 2001, through tion. December 31, 2024, study areas subject (vii) Effective July 1, 2001, through to price cap regulation, pursuant to December 31, 2024, study areas subject § 61.41 of this chapter, shall assign the to price cap regulation, pursuant to balance of Account 6620-Services to the § 61.41 of this chapter, shall assign the subcategories, as specified in para- balance of Account 6620-Services to the graphs (a)(4)(i) through (vi) of this sec- subcategories, as specified in para- tion, based on the relative percentage graphs (a)(3)(i) through (vi) of this sec- assignment of the balance of Account tion, based on the relative percentage 6620 to these subcategories during the

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twelve-month period ending December exchange carrier payment expense, as 31, 2000. All subcategories of Inter- specified in paragraphs (a)(2)(i) through exchange carrier service order proc- (vi) shall be directly assigned. essing expense, as specified in para- (6) Interexchange carrier billing in- graphs (a)(2)(i) through (vi), shall be di- quiry includes expenses related to the rectly assigned. handling of interexchange carrier bill- (5) Interexchange carrier payment ing inquiries. Interexchange carrier and collection includes expenses asso- billing inquiry expenses are assigned to ciated with the payment and collection the following subcategories based on of interexchange carrier billings, in- the relative number of actual contacts, cluding commissions paid to payment weighted if appropriate, to reflect dif- and collection agents. Interexchange ferences in the average work time per carrier payment and collection ex- contact: State special access and pri- penses are assigned to the following vate line; interstate special access and subcategories based on relative total private line; State switched access and State and interstate revenues billed to message toll including WATS; inter- the interexchange carriers: State spe- state switched access and message toll cial access and private line; interstate including WATS; State billing and col- special access and private line; State lection; and interstate billing and col- switched access and message toll in- lection. cluding WATS; interstate switched ac- (i) State special access and private cess and message toll including WATS; line billing inquiry expenses is directly State billing and collection; and inter- assigned to the State jurisdiction. state billing and collection. (ii) Interstate special access and pri- (i) State special access and private vate line billing inquiry expense is di- line payment and collection expense is rectly assigned to the interstate juris- directly assigned to the State jurisdic- diction. tion. (ii) Interstate special access and pri- (iii) State switched access and mes- vate line payment and collection ex- sage toll including WATS billing in- pense is directly assigned to the inter- quiry expense is directly assigned to state jurisdiction. the State jurisdiction. (iii) State switched access and mes- (iv) Interstate switched access and sage toll including WATS payment and message toll including WATS billing collection expense is directly assigned inquiry expense is directly assigned to to the State jurisdiction. the interstate jurisdiction. (iv) Interstate switched access and (v) State billing and collection bill- message toll including WATS payment ing inquiry expense is directly assigned and collection expense is directly as- to the State jurisdiction. signed to the interstate jurisdiction. (vi) Interstate Billing and Collection (v) State billing and collection pay- billing inquiry expense is directly as- ment and collection expense is directly signed to the interstate jurisdiction. assigned to the State jurisdiction. (vii) Effective July 1, 2001, through (vi) Interstate billing and collection December 31, 2024, study areas subject payment and collection expense is di- to price cap regulation, pursuant to rectly assigned to the interstate juris- § 61.41 of this chapter, shall assign the diction. balance of Account 6620-Services to the (vii) Effective July 1, 2001, through subcategories, as specified in para- December 31, 2024, study areas subject graphs (a)(6)(i) through (vi) of this sec- to price cap regulation, pursuant to tion, based on the relative percentage § 61.41 of this chapter, shall assign the assignment of the balance of Account balance of Account 6620-Services to the 6620 to these subcategories during the subcategories, as specified in para- twelve-month period ending December graphs (a)(5)(i) through (vi) of this sec- 31, 2000. All subcategories of Inter- tion, based on the relative percentage exchange carrier billing inquiry ex- assignment of the balance of Account pense, as specified in paragraphs 6620 to these subcategories during the (a)(2)(i) through (vi), shall be directly twelve-month period ending December assigned. 31, 2000. All subcategories of Inter- (7) [Reserved]

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(b) [Reserved] pense is allocated between the State [52 FR 17229, May 6, 1987, as amended at 66 and interstate jurisdiction on the basis FR 33207, June 21, 2001; 71 FR 65746, Nov. 9, of the relative number of toll messages. 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, Local Message Processing Expense is May 27, 2011; 79 FR 36238, June 26, 2014; 83 FR assigned to the exchange operation. 63587, Dec. 11, 2018] (1) Effective July 1, 2001, through De- cember 31, 2024, study areas subject to § 36.378 Category 2—Customer services (revenue accounting). price cap regulation, pursuant to § 61.41 of this chapter, shall assign the bal- (a) The Revenue Accounting propor- ance of Account 6620-Services to the tion of Account 6620 expenses comprise subcategories, as specified in this para- the salaries and other expenses in Ac- graph (b), based on the relative per- count 6620 directly assignable or allo- centage assignment of the balance of cable to the billing of customers and Account 6620 to those subcategories the accounting for revenues, including the supervision of such work. during the twelve-month period ending (b) Revenue Accounting expenses for December 31, 2000. the study area are separated on the (2) Effective July 1, 2001, through De- basis of a Job Function analysis into cember 31, 2024, all study areas shall three main classifications: Message apportion Toll Ticketing Processing processing expense, other billing and Expense among the jurisdictions using collecting expense, and carrier access the relative number of toll messages charge billing and collecting expense. for the twelve-month period ending De- (1) Effective July 1, 2001, through De- cember 31, 2000. Local Message Process cember 31, 2024, study areas subject to Expense is assigned to the state juris- price cap regulation, pursuant to § 61.41 diction. of this chapter, shall assign the balance of Account 6620-Services to the [52 FR 17229, May 6, 1987, as amended at 66 FR 33208, June 21, 2001; 75 FR 30301, June 1, classifications, as specified in para- 2010; 76 FR 30841, May 27, 2011; 79 FR 36239, graph (b) of this section, based on the June 26, 2014] relative percentage assignment of the balance of Account 6620 to those classi- § 36.380 Other billing and collecting fications during the twelve-month pe- expense. riod ending December 31, 2000. (a) This classification includes the (2) [Reserved] (c) The term ‘‘ticket’’ denotes either salary expense, including supervision, a ticket prepared manually by an oper- general accounting administrative, and ator or the mechanized equivalent of miscellaneous expense, associated with such a ticket processed by the revenue the preparation of customer bills other accounting office. than carrier access charge bills and with other revenue accounting func- [52 FR 17229, May 6, 1987, as amended at 66 tions not covered in § 36.379. Included in FR 33208, June 21, 2001; 75 FR 30301, June 1, this classification are the expenses in- 2010; 76 FR 30841, May 27, 2011; 79 FR 36239, June 26, 2014] curred in the preparation of monthly bills, initial and final bills, the applica- § 36.379 Message processing expense. tion of service orders to billing records (a) This classification includes the (establishing, changing, or dis- salary and machine expense of data continuing customers’ accounts), sta- processing equipment, including super- tion statistical work, controlling vision, general accounting administra- record work and the preparation of rev- tive and miscellaneous expense associ- enue reports. ated with the processing of individual (b) Local exchange carriers that bill toll tickets and local message tickets. or collect from end users on behalf of (b) The expense assigned to this clas- interexchange carriers shall allocate sification is divided into the subcat- one third of the expenses assigned this egories Toll Ticket Processing Expense classification to the interstate juris- and Local Message Processing Expense diction, and two thirds of the expenses on the basis of the relative number of assigned this classification to the state messages. Toll Ticket Processing Ex- jurisdiction.

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(c) Local exchange carriers that do classification during the twelve-month not bill or collect from end users on be- period ending December 31, 2000. half of interexchange carriers shall al- (d) Effective July 1, 2001, through De- locate five percent of the expenses as- cember 31, 2024, all study areas shall signed this classification to the inter- apportion Carrier access charge billing state jurisdiction, and ninety-five per- and collecting expense among the ju- cent of the expenses assigned this clas- risdictions using the allocation factor, sification to the state jurisdiction. pursuant to paragraph (b) of this sec- (d) Effective July 1, 2001, through De- tion, for the twelve-month period end- cember 31, 2024, study areas subject to ing December 31, 2000. price cap regulation, pursuant to § 61.41 of this chapter, shall assign the bal- [52 FR 17229, May 6, 1987, as amended at 66 ance of Account 6620-Services to the FR 33208, June 21, 2001; 75 FR 30301, June 1, Other billing and collecting expense 2010; 76 FR 30841, May 27, 2011; 79 FR 36239, classification based on the relative per- June 26, 2014] centage assignment of the balance of § 36.382 Category 3—All other cus- Account 6620 to those subcategory dur- tomer services expense. ing the twelve-month period ending De- cember 31, 2000. (a) Effective July 1, 2001, through De- (e) Effective July 1, 2001, through De- cember 31, 2024, study areas subject to cember 31, 2024, all study areas shall price cap regulation, pursuant to § 61.41 apportion Other billing and collecting of this chapter, shall assign the bal- expense among the jurisdictions using ance of Account 6620-Services to this the allocation factor utilized, pursuant category based on the relative percent- to paragraph (b) or (c) of this section, age assignment of the balance of Ac- for the twelve-month period ending De- count 6620 to this category during the cember 31, 2000. twelve-month period ending December 31, 2000. [53 FR 33011, Aug. 29, 1988, as amended at 62 FR 15416, Apr. 1, 1997; 66 FR 33208, June 21, (b) Category 3 is apportioned on the 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, basis of Categories 1 and 2. May 27, 2011; 79 FR 36239, June 26, 2014] [66 FR 33208, June 21, 2001, as amended at 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, § 36.381 Carrier access charge billing 2011; 79 FR 36239, June 26, 2014] and collecting expense. (a) This classification includes the CORPORATE OPERATIONS EXPENSE revenue accounting functions associated with the billing and collecting of § 36.391 General. access charges to interexchange car- Corporate Operations Expenses are riers. included in the following account: (b) Of access charges other than end General and Administrative Account 6720. user common line access charges are assessed for the origination or termi- [69 FR 12552, Mar. 17, 2004] nation of intrastate services in a particular state, one-half of such expense § 36.392 General and administrative— shall be apportioned to interstate oper- Account 6720. ations. If no such access charges are as- (a) These expenses are divided into sessed in a particular state, all such ex- two categories: pense shall be assigned to interstate operations. (1) Extended Area Services (EAS). (c) Effective July 1, 2001, through De- (2) All other. cember 31, 2024, study areas subject to (b) Extended Area Services (EAS) price cap regulation, pursuant to § 61.41 settlements are directly assigned to of this chapter, shall assign the bal- the exchange operation. ance of Account 6620-Services to the (c) The expenses in this account are Carrier access charge billing and col- apportioned among the operations on lecting expense classification based on the basis of the separation of the cost the relative percentage assignment of of the combined Big Three Expenses the balance of Account 6620 to that which include the following accounts:

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TABLE 1 TO PARAGRAPH (c) each of the operations. The approximate net taxable income from each of Plant Specific Expenses the operations is the summation of the following amounts apportioned to each Central Office Switching Ex- Account operation by means of the procedures penses. 6210. set forth in this Manual: Operators Systems Expenses Account (1) Operating revenues, 6220. (2) Less operating expenses, Central Office Transmission Account (3) Less operating taxes except the Expenses. 6230. net income tax being apportioned and Information Origination/Termi- Account except any other tax not treated as a nation Expenses. 6310. deductible item in the determination Cable and Wire Facilities Ex- Account of taxable net income for this purpose. pense. 6410. (4) Less operating fixed charges. (i) The amount of fixed charges at- Plant Non-Specific Expenses tributable to the operations is obtained by subtracting the tax component Network Operations Expenses Account (positive or negative) attributable to 6530. other than the operating fixed charges, i.e., fixed charges on non-operating in- Customer Operations Expenses vestments are that proportion of total fixed charges which non-operating net Marketing ...... Account investments are of total operating and 6610. non-operating net investments. Services ...... Account (ii) Operating fixed charges including 6620. interest on Rural Telephone Bank Stock are apportioned among the oper- [52 FR 17229, May 6, 1987, as amended at 69 ations on the basis of the separation of FR 12552, Mar. 17, 2004; 83 FR 63587, Dec. 11, the cost of telephone plant less appro- 2018] priate reserves. (c) Other operating taxes should be OPERATING TAXES directly assigned to the appropriate ju- § 36.411 Operating taxes—Account risdiction where possible, e.g., Local 7200. Gross Receipts may be directly identi- This account includes the taxes aris- fied as applicable to one jurisdiction. ing from the operations of the com- Where direct assignment is not fea- pany, i.e.: sible, these expenses should be appor- (a) Operating Investment Tax Cred- tioned among the operations on the its. basis of the separation of the cost of (b) Operating Federal Income Taxes. Telecommunications Plant in Serv- (c) Operating State and Local Income ice—Account 2001. Taxes. EQUAL ACCESS EXPENSES (d) Operating Other Taxes. (e) Provision for Deferred Operating § 36.421 Equal access expenses. Income Taxes. (a) Equal access expenses include [83 FR 63587, Dec. 11, 2018] only initial incremental pre-subscrip- tion costs and other initial incre- § 36.412 Apportionment procedures. mental expenditures related directly to (a) For apportionment purposes, the the provision of equal access, that expenses in this account are segregated would not be required to upgrade the into two groups as follows: (1) Oper- capabilities of the office involved abating Federal, State and local income sent the provision of equal access. taxes and (2) all other operating taxes. Equal access expenses are limited to (b) Operating Federal, State and such expenditures for converting cen- local income taxes are apportioned tral offices that serve competitive among the operations on the basis of interexchange carriers or where there the approximate net taxable income has been a bona fide request for conver- (positive or negative) applicable to sion to equal access.

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(b) Equal access expenses are appor- § 36.505 Accumulated amortization— tioned between the jurisdictions by Tangible—Account 3400. first segregating them from all other Amounts in these accounts are ap- expenses in the primary accounts and portioned among the operations on the then allocating them on the same basis basis of the separation of the related as equal access investment. accounts. [52 FR 17229, May 6, 1987, as amended at 83 Subpart E—Reserves and Deferrals FR 63587, Dec. 11, 2018]

§ 36.501 General. § 36.506 Net current deferred oper- For separations purposes, reserves ating income taxes—Account 4100, and deferrals include the following ac- Net noncurrent deferred operating counts: income taxes—Account 4340. Other Jurisdictional Account 1500. (a) Amounts in these accounts are Assets—Net. maintained by plant account and are Accumulated Depre- Account 3100. apportioned among the operations on ciation. the basis of the separations of the re- Accumulated Depre- Account 3200. lated plant accounts. ciation—Property Held for Future § 36.507 Other jurisdictional liabilities Telecommuni- and deferred credits—Net—Account cations Use. 4370. Accumulated Amor- Account 3400. tization—Capital (a) Amounts in this account are sepa- Leases. rated based upon an analysis of the Net Current Deferred Account 4100. specific items involved. Operating Income Taxes. Subparts F–G [Reserved] Net Noncurrent De- Account 4340. ferred Operating APPENDIX TO PART 36—GLOSSARY Income Taxes. Other Jurisdictional Account 4370. The descriptions of terms in this glossary Liabilities and De- are broad and have been prepared to assist in ferred Credits—Net. understanding the use of such terms in the separation procedures. Terms which are de- [69 FR 12553, Mar. 17, 2004, as amended at 83 fined in the text of this part are not included FR 63587, Dec. 11, 2018] in this glossary. § 36.502 Other jurisdictional assets— Access Line Net—Account 1500. A communications facility extending from (a) Amounts in this account are sepa- a customer’s premises to a serving central rated based upon analysis of the spe- office comprising a subscriber line and, if cific items involved. necessary, a trunk facility, e.g., a WATS access line. § 36.503 Accumulated depreciation— Book Cost Account 3100. The cost of property as recorded on the (a) Amounts recorded in this account books of a company. shall be separated on the basis of the separation of the associated primary Cable Fill Factor Plant Accounts or related categories, The ratio of cable conductor or cable pair excluding amortizable assets. kilometers in use to total cable conductor or cable pair kilometers available in the plant, § 36.504 Accumulated depreciation— e.g., the ratio of revenue producing cable Property held for future tele- pair kilometers in use to total cable pair kil- communications use—Account 3200. ometers in plant. (a) Amounts in this account are ap- Category portioned among the operations on the A grouping of items of property or expense basis of the separation of the costs of to facilitate the apportionment of their costs the related items carried in Account among the operations and to which, ordi- 2002—Property Held for Future Tele- narily, a common measure of use is applica- communications Use. ble.

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Central Office Conversation—Minute A switching unit, in a telephone system The product of (a) the number of messages which provides service to the general public, and, (b) the average minutes of conversation having the necessary equipment and oper- per message. ations arrangements for terminating and Conversation—Minute—Kilometers interconnecting subscriber lines and trunks or trunks only. There may be more than one The product of (a) the number of messages, central office in a building. (b) the average minutes of conversation per message and (c) the average route kilo- Channel meters of circuits involved.

An electrical path suitable for the trans- Cost mission of communications between two or more points, ordinarily between two or more The cost of property owned by the Tele- stations or between channel terminations in phone Company whose property is to be ap- Telecommunication Company central of- portioned among the operations. This term fices. A channel may be furnished by wire, applies either to property costs recorded on fiberoptics, radio or a combination thereof. the books of the company or property costs determined by other evaluation methods. Circuit Current Billing A fully operative communications path es- The combined amount of charges billed, tablished in the normal circuit layout and excluding arrears. currently used for message, WATS access, or private line services. Customer Dialed Charge Traffic

Circuit Kilometers Traffic which is both (a) handled to completion through pulses generated by the cus- The route kilometers or revenue producing tomer and (b) for which either a message circuits in service, determined by measuring unit change, bulk charge or message toll the length in terms of kilometers, of the ac- charge is except for that traffic recorded by tual path followed by the transmission me- means of message registers. dium. Customer Premises Equipment Common Channel Network Signaling Items of telecommunications terminal Channels between switching offices used to equipment in Accounts 2310 referred to as transmit signaling information independent CPE in § 64.702 of the Federal Communication of the subscribers’ communication paths or Commission’s Rules adopted in the Second transmission channels. Computer Inquiry such as telephone instruments, data sets, dialers and other supple- Complement (of cable) mental equipment, and PBX’s which are provided by common carriers and located on A group of conductors of the same general customer premises and inventory included in type (e.g., quadded, paired) within a single these accounts to be used for such purposes. cable sheath. Excluded from this classification are similar items of equipment located on telephone Complex company premises and used by the company All groups of operator positions, wherever in the normal course of business as well as located, associated with the same call dis- over voltage protection equipment, customer tribution and/or stored program control unit. premises wiring, coin operated public or pay telephones, multiplexing equipment to de- Concentration Equipment liver multiple channels to the customer, mobile radio equipment and transmit earth sta- Central office equipment whose function is tions. to concentrate traffic from subscriber lines onto a lesser number of circuits between the Customer Premises Wire remotely located concentration equipment The segment of wiring from the customer’s and the serving central office concentration side of the protector to the customer prem- equipment. This concentration equipment is ises equipment. connected to the serving central office line equipment. DSA Board

Connection—Minute A local dial office switchboard at which are handled assistance calls, intercepted calls The product of (a) the number of messages and calls from miscellaneous lines and and, (b) the average minutes of connection trunks. It may also be employed for handling per message. certain toll calls.

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DSB Board tion/termination equipment which forms a complete channel. A switchboard of a dial system for completing incoming calls received from manual Holding Time offices. The time in which an item of telephone Data Processing Equipment plant is in actual use either by a customer or an operator. For example, on a completed Office equipment such as that using telephone call, holding time includes con- punched cards, punched tape, magnetic or versation time as well as other time in use. other comparable storage media as an oper- At local dial offices any measured minutes ating vehicle for recording and processing in- which result from other than customer at- formation. Includes machines for tran- tempts to place calls (as evidenced by the di- scribing raw data into punched cards, etc., aling of at least one digit) are not treated as but does not include such items as key-oper- holding time. ated, manually or electrically driven adding, calculating, bookkeeping or billing ma- Host Central Office chines, typewriters or similar equipment. An electronic analog or digital base Dial Switching Equipment switching unit containing the central call processing functions which service the host Switching equipment actuated by elec- office and its remote locations. trical impulses generated by a dial or key pulsing arrangement. Information Origination/Termination Equipment Equal Access Costs Equipment used to input into or receive output from the telecommunications net- Include only initial incremental work. presubscription costs and initial incremental expenditures for hardware and software re- Interexchange Channel lated directly to the provision of equal access which would not be required to upgrade A circuit which is included in the inter- the switching capabilities of the office in- exchange transmission equipment. volved absent the provisions of equal access. Interexchange Transmission Equipment Equivalent Gauge The combination of (a) interexchange cable A standard cross section of cable conduc- and wire facilities, (b) interexchange circuit tors for use in equating the metallic content equipment and, (c) associated land and build- of cable conductors of all gauge to a common ings. base. Interlocal Trunk Equivalent Kilometers of 104 Wire A circuit between two local central office The basic units employed in the allocation units, either manual or dial. Interlocal of pole lines costs for determining the rel- trunks may be used for either exchange or ative use made of poles by aerial cables and toll traffic or both. by aerial wire conductors of various sizes. Intertoll Circuits This unit reflects the relative loads of such cable and wire carried on poles. Circuits between toll centers and circuits between a toll center and a tandem system Equivalent Pair Kilometers in a different toll center area. The product of sheath Kilometers and the Local Channel number of equivalent gauge pairs of conductors in a cable. The portion of a private line circuit which is included in the exchange transmission Equivalent Sheath Kilometers plant. However, common usage of this term The product of (a) the length of a section usually excludes information origination/ter- of cable in kilometers (sheath kilometers) mination equipment. and (b) the ratio of the metallic content ap- Local Office plicable to a particular group of conductors in the cable (e.g., conductors assigned to a A central office serving primarily as a category) to the metallic content of all con- place of termination for subscriber lines and ductors in the cable. for providing telephone service to the subscribers on these lines. Exchange Transmission Plant Loop This is a combination of (a) exchange cable and wire facilities (b) exchange central office A pair of wires, or its equivalent, between circuit equipment, including associated land a customer’s station and the central office and buildings and (c) information origina- from which the station is served.

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Message center and a serving central office located in a different toll rate center. A completed call, i.e., a communication in which a conversation or exchange of infor- Remote Line Location mation took place between the calling and called parties. A remotely located subscriber line access unit which is normally dependent upon the Message Service or Message Toll Service central processor of the host office for call processing functions. Switched service furnished to the general public (as distinguished from private line Remote Trunk Arrangement (RTA) service). Except as otherwise provided, this includes exchange switched services and all Arrangement that permits the extension of switched services provided by interexchange TSPS functions to remote locations. carriers and completed by a local telephone Reservation company’s access services, e.g., MTS, WATS, Execunet, open-end FX and CCSA/ONALs. That amount or quantity of property kept or set apart for a specific use. Message Units Reserved Unit of measurement used for charging for measured message telephone exchange traf- Kept or set apart for a specific use. fic within a specified area. Separations Metropolitan Service Area The process by which telecommunication The area around and including a relatively property costs, revenues, expenses, taxes and large city and in which substantially all of reserves are apportioned among the oper- the message telephone traffic between the ations. city and the suburban points within the area is classified as exchange in one or both direc- Service Observing Unit tions. A unit of work measurement which is used as the common denominator to express the Minutes-of-Use relative time required for handling the var- A unit of measurement expressed as either ious work functions at service observing holding time or conversation time. boards. Minutes-of-Use-Kilometers Sheath Kilometers The product of (a) the number of minutes- The actual length of cable in route kilo- of-use and (b) the average route kilometers meters. of circuits involved. Special Services Multi-Center Exchange All services other than message tele- An exchange area in which are located two phones, e.g., private line services. or more local central office buildings or wire centers. Station-to-Station Basis The term applied to the basis of toll rate Operations making which contemplates that the mes- The term denoting the general classifica- sage toll service charge (telephone) covers tions of services rendered to the public for the use made of all facilities between the which separate tariffs are filed, namely ex- originating station and the terminating sta- change, state toll and interstate toll. tion, including the stations, and the services rendered in connection therewith. Operator Trunks Study Area A general term, ordinarily applied to trunks between manually operated switch- Study area boundaries shall be frozen as board positions and local dial central offices they are on November 15, 1984. in the same wire center. Subscriber Line or Exchange Line Private Line Service A communication channel between a tele- A service for communications between phone station or PBX station and the central specified locations for a continuous period or office which serves it. for regularly recurring periods at stated hours. Subtributary Office A class of tributary office which does not Remote Access Line have direct access to its toll center, but An access line (e.g., for WATS service) be- which is connected to its toll center office by tween a subscriber’s premises in one toll rate means of circuits which are switched

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through to the toll center at another tribu- trunks, recording trunks and recording-com- tary office. pleting trunks. Tandem Area Toll Office The general areas served by the local of- A central office used primarily for super- fices having direct trunks to or from the tan- vising and switching toll traffic. dem office. This area may consist of one or more communities or may include only a Traffic Over First Routes portion of a relatively large city. A term applied to the routing of traffic and denoting routing via principal route for traf- Tandem Circuit or Trunk fic between any two points as distinguished A general classification of circuits or from alternate routes for such traffic. trunks between a tandem central office unit and any other central office or switchboard. Operator System A stored program electronic system associ- Tandem Connection ated with one or more toll switching systems A call switched at a tandem office. which provides centralized traffic service position functions for several local offices at Tandem Office one location. A central office unit used primarily as an Tributary Circuit intermediate switching point for traffic between local central offices within the tan- A circuit between a tributary office and a dem area. Where qualified by a modifying ex- toll switchboard or intertoll dialing equip- pression, or other explanation, this term ment in a toll center city. may be applied to an office employed for both the interconnection of local central of- Tributary Office fices within the tandem area and for the A local office which is located outside the interconnection of these local offices with exchange in which a toll center is located, other central offices, e.g., long haul tandem which has a different rate center from its office. toll center and which usually tickets and times only a part of its originating toll traf- Toll Center fic, but which may ticket or time all or An office (or group of offices) within a city none, of such traffic. The toll center handles which generally handles the originating and all outward traffic not ticketed and timed at incoming toll traffic for that city to or from the tributary and normally switches all in- other toll center areas and which handles ward toll traffic from outside the tributary’s through switched traffic. The toll center nor- toll center to the tributary. Tributary of- mally handles the inward toll traffic for its fices are indicated as such in the Toll Rate tributary exchanges and, in general, either and Route Guide. handles the outward traffic originating at its tributaries or serves as the outlet to inter- Trunks exchange circuits for outward traffic Circuit between switchboards or other ticketed and timed at its tributaries. Toll switching equipment, as distinguished from centers are listed as such in the Toll Rate circuits which extend between central office and Route Guide. switching equipment and information origination/termination equipment. Toll Center Area The areas served by a toll center, including TSPS Complex the toll center city and the communities All groups of operator positions, wherever served by tributaries of the toll center. located, associated with the same TSPS stored program control units. Toll Center Toll Office A toll office (as contrasted to a local of- Weighted Standard Work Second fice) in a toll center city. A measurement of traffic operating work which is used to express the relative time re- Toll Circuit quired to handle the various kinds of calls or A general term applied to interexchange work functions, and which is weighted to re- trunks used primarily for toll traffic. flect appropriate degrees of waiting to serve time. Toll Connecting Trunk Wide Area Telephone Service WATS A general classification of trunks carrying toll traffic and ordinarily extending between A toll service offering for customer dial a local office and a toll office, except trunks type telecommunications between a given classified as tributary circuits. Examples of customer station and stations within speci- toll connecting trunks include toll switching fied geographic rate areas employing a single

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access line between the customer location Working Loop and the serving central office. Each access line may be arranged for either outward A revenue producing pair of wires, or its (OUT–WATS) or inward (IN–WATS) service equivalent, between a customer’s station and or both. the central office from which the station is served. Wideband Channel [71 FR 65747, Nov. 9, 2006] A communication channel of a bandwidth equivalent to twelve or more voice grade channels. PARTS 37–39 [RESERVED]

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A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR Table of OMB Control Numbers List of CFR Sections Affected

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Title 1—General Provisions

I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) III Administrative Conference of the United States (Parts 300—399) IV Miscellaneous Agencies (Parts 400—599) VI National Capital Planning Commission (Parts 600—699)

Title 2—Grants and Agreements

SUBTITLE A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS I Office of Management and Budget Governmentwide Guidance for Grants and Agreements (Parts 2—199) II Office of Management and Budget Guidance (Parts 200—299) SUBTITLE B—FEDERAL AGENCY REGULATIONS FOR GRANTS AND AGREEMENTS III Department of Health and Human Services (Parts 300—399) IV Department of Agriculture (Parts 400—499) VI Department of State (Parts 600—699) VII Agency for International Development (Parts 700—799) VIII Department of Veterans Affairs (Parts 800—899) IX Department of Energy (Parts 900—999) X Department of the Treasury (Parts 1000—1099) XI Department of Defense (Parts 1100—1199) XII Department of Transportation (Parts 1200—1299) XIII Department of Commerce (Parts 1300—1399) XIV Department of the Interior (Parts 1400—1499) XV Environmental Protection Agency (Parts 1500—1599) XVIII National Aeronautics and Space Administration (Parts 1800— 1899) XX United States Nuclear Regulatory Commission (Parts 2000—2099) XXII Corporation for National and Community Service (Parts 2200— 2299) XXIII Social Security Administration (Parts 2300—2399) XXIV Department of Housing and Urban Development (Parts 2400— 2499) XXV National Science Foundation (Parts 2500—2599) XXVI National Archives and Records Administration (Parts 2600—2699)

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XXVII Small Business Administration (Parts 2700—2799) XXVIII Department of Justice (Parts 2800—2899) XXIX Department of Labor (Parts 2900—2999) XXX Department of Homeland Security (Parts 3000—3099) XXXI Institute of Museum and Library Services (Parts 3100—3199) XXXII National Endowment for the Arts (Parts 3200—3299) XXXIII National Endowment for the Humanities (Parts 3300—3399) XXXIV Department of Education (Parts 3400—3499) XXXV Export-Import Bank of the United States (Parts 3500—3599) XXXVI Office of National Drug Control Policy, Executive Office of the President (Parts 3600—3699) XXXVII Peace Corps (Parts 3700—3799) LVIII Election Assistance Commission (Parts 5800—5899) LIX Gulf Coast Ecosystem Restoration Council (Parts 5900—5999)

Title 3—The President

I Executive Office of the President (Parts 100—199)

Title 4—Accounts

I Government Accountability Office (Parts 1—199)

Title 5—Administrative Personnel

I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) IV Office of Personnel Management and Office of the Director of National Intelligence (Parts 1400—1499) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Parts 2100—2199) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Parts 3200—3299) XXIII Department of Energy (Parts 3300—3399) XXIV Federal Energy Regulatory Commission (Parts 3400—3499) XXV Department of the Interior (Parts 3500—3599) XXVI Department of Defense (Parts 3600—3699)

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XXVIII Department of Justice (Parts 3800—3899) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII U.S. International Development Finance Corporation (Parts 4300—4399) XXXIV Securities and Exchange Commission (Parts 4400—4499) XXXV Office of Personnel Management (Parts 4500—4599) XXXVI Department of Homeland Security (Parts 4600—4699) XXXVII Federal Election Commission (Parts 4700—4799) XL Interstate Commerce Commission (Parts 5000—5099) XLI Commodity Futures Trading Commission (Parts 5100—5199) XLII Department of Labor (Parts 5200—5299) XLIII National Science Foundation (Parts 5300—5399) XLV Department of Health and Human Services (Parts 5500—5599) XLVI Postal Rate Commission (Parts 5600—5699) XLVII Federal Trade Commission (Parts 5700—5799) XLVIII Nuclear Regulatory Commission (Parts 5800—5899) XLIX Federal Labor Relations Authority (Parts 5900—5999) L Department of Transportation (Parts 6000—6099) LII Export-Import Bank of the United States (Parts 6200—6299) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Parts 6400—6499) LV National Endowment for the Arts (Parts 6500—6599) LVI National Endowment for the Humanities (Parts 6600—6699) LVII General Services Administration (Parts 6700—6799) LVIII Board of Governors of the Federal Reserve System (Parts 6800— 6899) LIX National Aeronautics and Space Administration (Parts 6900— 6999) LX United States Postal Service (Parts 7000—7099) LXI National Labor Relations Board (Parts 7100—7199) LXII Equal Employment Opportunity Commission (Parts 7200—7299) LXIII Inter-American Foundation (Parts 7300—7399) LXIV Merit Systems Protection Board (Parts 7400—7499) LXV Department of Housing and Urban Development (Parts 7500— 7599) LXVI National Archives and Records Administration (Parts 7600—7699) LXVII Institute of Museum and Library Services (Parts 7700—7799) LXVIII Commission on Civil Rights (Parts 7800—7899) LXIX Tennessee Valley Authority (Parts 7900—7999) LXX Court Services and Offender Supervision Agency for the District of Columbia (Parts 8000—8099) LXXI Consumer Product Safety Commission (Parts 8100—8199) LXXIII Department of Agriculture (Parts 8300—8399)

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LXXIV Federal Mine Safety and Health Review Commission (Parts 8400—8499) LXXVI Federal Retirement Thrift Investment Board (Parts 8600—8699) LXXVII Office of Management and Budget (Parts 8700—8799) LXXX Federal Housing Finance Agency (Parts 9000—9099) LXXXIII Special Inspector General for Afghanistan Reconstruction (Parts 9300—9399) LXXXIV Bureau of Consumer Financial Protection (Parts 9400—9499) LXXXVI National Credit Union Administration (Parts 9600—9699) XCVII Department of Homeland Security Human Resources Manage- ment System (Department of Homeland Security—Office of Personnel Management) (Parts 9700—9799) XCVIII Council of the Inspectors General on Integrity and Efficiency (Parts 9800—9899) XCIX Military Compensation and Retirement Modernization Commis- sion (Parts 9900—9999) C National Council on Disability (Parts 10000—10049) CI National Mediation Board (Part 10101)

Title 6—Domestic Security

I Department of Homeland Security, Office of the Secretary (Parts 1—199) X Privacy and Civil Liberties Oversight Board (Parts 1000—1099)

Title 7—Agriculture

SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agri- culture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700— 799) VIII Agricultural Marketing Service (Federal Grain Inspection Serv- ice, Fair Trade Practices Program), Department of Agri- culture (Parts 800—899)

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IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI [Reserved] XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XX [Reserved] XXV Office of Advocacy and Outreach, Department of Agriculture (Parts 2500—2599) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy Policy and New Uses, Department of Agri- culture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV National Institute of Food and Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299)

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L Rural Business-Cooperative Service, Rural Housing Service, and Rural Utilities Service, Department of Agriculture (Parts 5001—5099)

Title 8—Aliens and Nationality

I Department of Homeland Security (Parts 1—499) V Executive Office for Immigration Review, Department of Justice (Parts 1000—1399)

Title 9—Animals and Animal Products

I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Agricultural Marketing Service (Federal Grain Inspection Serv- ice, Fair Trade Practices Program), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)

Title 10—Energy

I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XIII Nuclear Waste Technical Review Board (Parts 1300—1399) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Parts 1800—1899)

Title 11—Federal Elections

I Federal Election Commission (Parts 1—9099) II Election Assistance Commission (Parts 9400—9499)

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts 1—199) II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V (Parts 500—599) [Reserved] VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX (Parts 900—999)[Reserved]

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X Bureau of Consumer Financial Protection (Parts 1000—1099) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XII Federal Housing Finance Agency (Parts 1200—1299) XIII Financial Stability Oversight Council (Parts 1300—1399) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVI Office of Financial Research (Parts 1600—1699) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)

Title 13—Business Credit and Assistance

I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Com- merce (Parts 300—399) IV Emergency Steel Guarantee Loan Board (Parts 400—499) V Emergency Oil and Gas Guaranteed Loan Board (Parts 500—599)

Title 14—Aeronautics and Space

I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—1199) V National Aeronautics and Space Administration (Parts 1200— 1299) VI Air Transportation System Stabilization (Parts 1300—1399)

Title 15—Commerce and Foreign Trade

SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Industry and Security, Department of Commerce (Parts 700—799)

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VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI National Technical Information Service, Department of Com- merce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399) [Reserved]

Title 16—Commercial Practices

I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)

Title 17—Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)

Title 18—Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)

Title 19—Customs Duties

I U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Parts 0—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV U.S. Immigration and Customs Enforcement, Department of Homeland Security (Parts 400—599) [Reserved]

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I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499) IV Employees’ Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Office of Workers’ Compensation Programs, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 1000—1099)

Title 21—Food and Drugs

I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)

Title 22—Foreign Relations

I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V Broadcasting Board of Governors (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Millennium Challenge Corporation (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)

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I Federal Highway Administration, Department of Transportation (Parts 1—999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) II Office of Assistant Secretary for Housing-Federal Housing Com- missioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Develop- ment (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—1699) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XV Emergency Mortgage Insurance and Loan Programs, Depart- ment of Housing and Urban Development (Parts 2700—2799) [Reserved] XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000—4099) [Reserved] XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

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I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—899) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900—999) VI Office of the Assistant Secretary, Indian Affairs, Department of the Interior (Parts 1000—1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Parts 1200—1299)

Title 26—Internal Revenue

I Internal Revenue Service, Department of the Treasury (Parts 1— End)

Title 27—Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (Parts 1—399) II Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart- ment of Justice (Parts 400—799)

Title 28—Judicial Administration

I Department of Justice (Parts 0—299) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799) VIII Court Services and Offender Supervision Agency for the District of Columbia (Parts 800—899) IX National Crime Prevention and Privacy Compact Council (Parts 900—999) XI Department of Justice and Department of State (Parts 1100— 1199)

Title 29—Labor

SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199)

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II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Employee Benefits Security Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)

Title 30—Mineral Resources

I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Bureau of Safety and Environmental Enforcement, Department of the Interior (Parts 200—299) IV Geological Survey, Department of the Interior (Parts 400—499) V Bureau of Ocean Energy Management, Department of the Inte- rior (Parts 500—599) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999) XII Office of Natural Resources Revenue, Department of the Interior (Parts 1200—1299)

Title 31—Money and Finance: Treasury

SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799)

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VIII Office of Investment Security, Department of the Treasury (Parts 800—899) IX Federal Claims Collection Standards (Department of the Treas- ury—Department of Justice) (Parts 900—999) X Financial Crimes Enforcement Network, Department of the Treasury (Parts 1000—1099)

Title 32—National Defense

SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799) VII Department of the Air Force (Parts 800—1099) SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE- FENSE XII Department of Defense, Defense Logistics Agency (Parts 1200— 1299) XVI Selective Service System (Parts 1600—1699) XVII Office of the Director of National Intelligence (Parts 1700—1799) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899)

Title 33—Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts 1—199) II Corps of Engineers, Department of the Army, Department of De- fense (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499)

Title 34—Education

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299)

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III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399) IV Office of Career, Technical, and Adult Education, Department of Education (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) [Reserved] VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) [Reserved] SUBTITLE C—REGULATIONS RELATING TO EDUCATION XI (Parts 1100—1199) [Reserved] XII National Council on Disability (Parts 1200—1299)

Title 35 [Reserved]

Title 36—Parks, Forests, and Public Property

I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VI [Reserved] VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XV Oklahoma City National Memorial Trust (Parts 1500—1599) XVI Morris K. Udall Scholarship and Excellence in National Environ- mental Policy Foundation (Parts 1600—1699)

Title 37—Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department of Commerce (Parts 1—199) II U.S. Copyright Office, Library of Congress (Parts 200—299) III Copyright Royalty Board, Library of Congress (Parts 300—399) IV National Institute of Standards and Technology, Department of Commerce (Parts 400—599)

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I Department of Veterans Affairs (Parts 0—199) II Armed Forces Retirement Home (Parts 200—299)

Title 39—Postal Service

I United States Postal Service (Parts 1—999) III Postal Regulatory Commission (Parts 3000—3099)

Title 40—Protection of Environment

I Environmental Protection Agency (Parts 1—1099) IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599) VI Chemical Safety and Hazard Investigation Board (Parts 1600— 1699) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799) VIII Gulf Coast Ecosystem Restoration Council (Parts 1800—1899)

Title 41—Public Contracts and Property Management

SUBTITLE A—FEDERAL PROCUREMENT REGULATIONS SYSTEM [NOTE] SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS 50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 61–1—61–999) 62—100 [Reserved] SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 102 Federal Management Regulation (Parts 102–1—102–299) 103—104 [Reserved] 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) 129—200 [Reserved] SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED]

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SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM [RESERVED] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300–99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99) 302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–1—303–99) 304 Payment of Travel Expenses from a Non-Federal Source (Parts 304–1—304–99)

Title 42—Public Health

I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) II—III [Reserved] IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400—699) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1099)

Title 43—Public Lands: Interior

SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS I Bureau of Reclamation, Department of the Interior (Parts 400— 999) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10099)

Title 44—Emergency Management and Assistance

I Federal Emergency Management Agency, Department of Home- land Security (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)

Title 45—Public Welfare

SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299)

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III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) IX Denali Commission (Parts 900—999) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200— 1299) XIII Administration for Children and Families, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission of Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Parts 2300—2399) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)

Title 46—Shipping

I Coast Guard, Department of Homeland Security (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Homeland Security (Parts 400—499) IV Federal Maritime Commission (Parts 500—599)

Title 47—Telecommunication

I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399)

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IV National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safe- ty Administration, Department of Transportation (Parts 400— 499) V The First Responder Network Authority (Parts 500—599)

Title 48—Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1—99) 2 Defense Acquisition Regulations System, Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management, Federal Employees Health Benefits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 Broadcasting Board of Governors (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999) 30 Department of Homeland Security, Homeland Security Acquisi- tion Regulation (HSAR) (Parts 3000—3099) 34 Department of Education Acquisition Regulation (Parts 3400— 3499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) [Reserved] 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) [Reserved]

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54 Defense Logistics Agency, Department of Defense (Parts 5400— 5499) 57 African Development Foundation (Parts 5700—5799) 61 Civilian Board of Contract Appeals, General Services Adminis- tration (Parts 6100—6199) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)

Title 49—Transportation

SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Pipeline and Hazardous Materials Safety Administration, De- partment of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Homeland Security (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board (Parts 1000—1399) XI Research and Innovative Technology Administration, Depart- ment of Transportation (Parts 1400—1499) [Reserved] XII Transportation Security Administration, Department of Home- land Security (Parts 1500—1699)

Title 50—Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199) II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599)

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VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)

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CFR Title, Subtitle or Agency Chapter Administrative Conference of the United States 1, III Advisory Council on Historic Preservation 36, VIII Advocacy and Outreach, Office of 7, XXV Afghanistan Reconstruction, Special Inspector General for 5, LXXXIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development 2, VII; 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9, II Agricultural Research Service 7, V Agriculture, Department of 2, IV; 5, LXXIII Advocacy and Outreach, Office of 7, XXV Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9, II Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Economic Research Service 7, XXXVII Energy Policy and New Uses, Office of 2, IX; 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National Institute of Food and Agriculture 7, XXXIV Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force, Department of 32, VII Federal Acquisition Regulation Supplement 48, 53 Air Transportation Stabilization Board 14, VI Alcohol and Tobacco Tax and Trade Bureau 27, I Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I Appalachian Regional Commission 5, IX Architectural and Transportation Barriers Compliance Board 36, XI

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The OMB control numbers for chapter I of title 47 are consolidated into § 0.408. For the convenience of the user, § 0.408 is reprinted below.

§ 0.408 OMB control numbers and expi- comply with a collection of informa- ration dates assigned pursuant to tion subject to the Paperwork Reduc- the Paperwork Reduction Act of tion Act (PRA) that does not display a 1995. currently valid OMB control number. (a) Purpose. This section displays the The expiration dates shown in this sec- OMB control numbers and expiration tion are accurate as of January 31, 2017. dates for the Commission information New, revised, or extended information collection requirements assigned by collections approved by OMB after that the Office of Management and Budget date can be found at https:// (‘‘OMB’’) pursuant to the Paperwork www.reginfo.gov/public/do/PRAMain. Reduction Act of 1995, Public Law 104– Questions concerning the OMB control 13. The Commission intends that this numbers and expiration dates should be section comply with the requirement directed to the Associate Managing Di- that agencies ‘‘display’’ current OMB rector—Performance Evaluation and control numbers and expiration dates Records Management, (PERM), Office assigned by the Director, OMB, for of Managing Director, Federal Commu- each approved information collection nications Commission, Washington, DC requirement. Notwithstanding any 20554 by sending an email to other provisions of law, no person shall [email protected]. be subject to any penalty for failing to (b) Display.

OMB control OMB expi- no. FCC form no. or 47 CFR section or part, docket no., or title identifying the collection ration date

3060–0004 ...... Secs. 1.1307 and 1.1311 ...... 07/31/17 3060–0009 ...... FCC 316 ...... 12/31/18 3060–0010 ...... FCC 323 ...... 11/30/19 3060–0016 ...... FCC 2100, Schedule C ...... 07/31/19 3060–0017 ...... FCC 2100, Schedule D ...... 03/31/19 3060–0027 ...... FCC 301 and FCC 2100, Schedule A ...... 03/31/19 3060–0029 ...... FCC 340 ...... 08/31/17 3060–0031 ...... FCC 314 and FCC 315 ...... 09/30/18 3060–0053 ...... FCC 702 and FCC 703 ...... 05/31/17 3060–0055 ...... FCC 327 ...... 11/30/17 3060–0056 ...... Part 68—Connection of Terminal Equipment to the Telephone Network ...... 05/31/17 3060–0057 ...... FCC 731 ...... 04/30/17 3060–0059 ...... FCC 740 ...... 04/30/19 3060–0065 ...... FCC 442 ...... 12/31/18 3060–0075 ...... FCC 345 ...... 04/30/19 3060–0076 ...... FCC 395 ...... 06/30/19 3060–0084 ...... FCC 323–E ...... 11/30/19 3060–0093 ...... FCC 405 ...... 09/30/17 3060–0095 ...... FCC 395–A ...... 05/31/17 3060–0110 ...... FCC 303–S ...... 12/31/19 3060–0113 ...... FCC 396 ...... 11/30/18 3060–0120 ...... FCC 396–A ...... 06/30/18 3060–0126 ...... Sec. 73.1820 ...... 08/31/17 3060–0132 ...... FCC 1068A ...... 01/31/18 3060–0139 ...... FCC 854 ...... 11/30/18 3060–0149 ...... Part 63—Application and Supplemental Information Requirements ...... 12/31/18 3060–0157 ...... Sec. 73.99 ...... 05/31/17 3060–0161 ...... Sec. 73.61 ...... 12/31/17 3060–0166 ...... Part 42, Secs. 42.5, 42.6 and 42.7 ...... 06/30/19 3060–0168 ...... Sec. 43.43 ...... 09/30/18 3060–0169 ...... Sec. 43.51 ...... 10/31/17 3060–0170 ...... Sec. 73.1030 ...... 02/28/19 3060–0171 ...... Sec. 73.1125 ...... 02/28/19

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OMB control OMB expi- no. FCC form no. or 47 CFR section or part, docket no., or title identifying the collection ration date

3060–0174 ...... Secs. 73.1212, 76.1615, and 76.1715 ...... 07/31/18 3060–0175 ...... Sec. 73.1250 ...... 10/31/19 3060–0176 ...... Sec. 73.1510 ...... 05/31/17 3060–0178 ...... Sec. 73.1560 ...... 01/31/20 3060–0179 ...... Sec. 73.1590 ...... 07/31/19 3060–0180 ...... Sec. 73.1610 ...... 01/31/19 3060–0182 ...... Sec. 73.1620 ...... 08/31/18 3060–0185 ...... Sec. 73.3613 ...... 10/31/17 3060–0188 ...... Call Sign Reservation and Authorization System ...... 02/28/19 3060–0190 ...... Sec. 73.3544 ...... 04/30/18 3060–0192 ...... Sec. 87.103 ...... 09/30/19 3060–0204 ...... Sec. 90.20(a)(2)(v) and 90.20(a)(2)(xi) ...... 09/30/17 3060–0207 ...... Part 11—Emergency Alert System (EAS) ...... 10/31/19 3060–0208 ...... Sec. 73.1870 ...... 01/31/18 3060–0213 ...... Sec. 73.3525 ...... 11/30/17 3060–0214 ...... Secs. 73.3526, 73.3527, 73.1212, 76.1701, and 73.1943 ...... 05/31/19 3060–0216 ...... Secs. 73.3538 and 73.1690(e) ...... 05/31/19 3060–0221 ...... Sec. 90.155 ...... 10/31/19 3060–0222 ...... Sec. 97.213 ...... 02/28/18 3060–0228 ...... Sec. 80.59 and FCC 806, 824, 827 and 829 ...... 08/31/18 3060–0233 ...... Part 54—High Cost Loop Support Reporting ...... 10/31/18 3060–0248 ...... Sec. 74.751 ...... 05/31/19 3060–0249 ...... Secs. 74.781, 74.1281, and 78.69 ...... 03/31/18 3060–0250 ...... Secs. 73.1207, 74.784 and 74.1284 ...... 04/30/17 3060–0259 ...... Sec. 90.263 ...... 04/30/18 3060–0261 ...... Sec. 90.215 ...... 05/31/19 3060–0262 ...... Sec. 90.179 ...... 03/31/17 3060–0264 ...... Sec. 80.413 ...... 05/31/18 3060–0265 ...... Sec. 80.868 ...... 04/30/19 3060–0270 ...... Sec. 90.443 ...... 02/28/19 3060–0281 ...... Sec. 90.651 ...... 02/28/19 3060–0286 ...... Sec. 80.302 ...... 12/31/18 3060–0288 ...... Sec. 78.33 ...... 05/31/17 3060–0289 ...... Secs. 76.601, 76.1704, 76.1705, and 76.1717 ...... 04/30/17 3060–0291 ...... Sec. 90.477(a), (b)(2), (d)(2) and (d)(3) ...... 05/31/17 3060–0292 ...... Part 69 and Sec. 69.605 ...... 06/30/19 3060–0295 ...... Sec. 90.607 ...... 01/31/19 3060–0297 ...... Sec. 80.503 ...... 06/30/18 3060–0298 ...... Part 61, Tariffs (Other than Tariff Review Plan) ...... 09/30/19 3060–0310 ...... FCC 322 ...... 11/30/17 3060–0311 ...... Sec. 76.54 ...... 03/31/17 3060–0316 ...... Secs. 76.1700, 76.1702, 76.1703, 76.1707, and 76.1711 ...... 05/31/19 3060–0320 ...... Sec. 73.1350 ...... 05/31/18 3060–0325 ...... Sec. 80.605 ...... 06/30/17 3060–0329 ...... Sec. 2.955 ...... 01/31/18 3060–0331 ...... FCC 321 ...... 10/31/17 3060–0332 ...... Secs. 76.614 and 76.1706 ...... 04/30/19 3060–0340 ...... Sec. 73.51 ...... 04/30/18 3060–0341 ...... Sec. 73.1680 ...... 10/31/17 3060–0346 ...... Sec. 78.27 ...... 04/30/18 3060–0347 ...... Sec. 97.311 ...... 07/31/17 3060–0349 ...... Secs. 73.2080, 76.73, 76.75, 76.79, and 76.1702 ...... 12/31/18 3060–0355 ...... FCC 492 and FCC 492A ...... 02/28/19 3060–0357 ...... Sec. 63.701 ...... 11/30/18 3060–0360 ...... Sec. 80.409 ...... 01/31/20 3060–0370 ...... Part 32—Uniform System of Accounts for Telecommunications Companies ...... 08/31/17 3060–0384 ...... Secs. 64.901, 64.904 and 64.905 ...... 06/30/19 3060–0386 ...... Secs. 1.5, 73.1615, 73.1635, 73.1740, 73.3598, 74.788, and FCC 337 ...... 03/31/19 3060–0387 ...... Secs. 15.201(d), 15.209, 15.211, 15.213 and 15.221 ...... 03/31/18 3060–0390 ...... FCC 395–B ...... 08/31/17 3060–0391 ...... Parts 54 and 36—Program to Monitor the Impacts of the Universal Service Support Mechanisms 06/30/17 3060–0392 ...... Part 1, Subpart J—Pole Attachment Complaint Procedures ...... 03/31/19 3060–0394 ...... Sec. 1.420 ...... 11/30/19 3060–0398 ...... Secs. 2.948, 2.949, and 15.117(g)(2) ...... 09/30/19 3060–0400 ...... Tariff Review Plan (TRP) ...... 09/30/19 3060–0404 ...... FCC 350 ...... 05/31/19 3060–0405 ...... FCC 349 ...... 12/31/18 3060–0411 ...... FCC 485 ...... 11/30/17 3060–0414 ...... Terrain Shielding Policy ...... 04/30/18 3060–0419 ...... Secs. 76.94, 76.95, 76.105, 76.106, 76.107, and 76.1609 ...... 02/28/19 3060–0422 ...... Sec. 68.5 ...... 03/31/19 3060–0423 ...... Sec. 73.3588 ...... 11/30/19 3060–0430 ...... Sec. 1.1206 ...... 01/31/18

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OMB control OMB expi- no. FCC form no. or 47 CFR section or part, docket no., or title identifying the collection ration date

3060–0433 ...... FCC 320 ...... 04/30/17 3060–0439 ...... Sec. 64.201 ...... 06/30/19 3060–0441 ...... Secs. 90.621 and 90.693 ...... 06/30/18 3060–0463 ...... Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing 06/30/17 and Speech Disabilities. 3060–0466 ...... Secs. 73.1201, 74.783 and 74.1283 ...... 09/30/19 3060–0470 ...... Secs. 64.901 and 64.903, and RAO Letters 19 and 26 ...... 08/31/17 3060–0473 ...... Sec. 74.1251 ...... 11/30/19 3060–0474 ...... Sec. 74.1263 ...... 06/30/17 3060–0484 ...... Secs. 4.9 ...... 01/31/20 3060–0489 ...... Sec. 73.37 ...... 04/30/18 3060–0496 ...... FCC Report 43–08 ...... 04/30/19 3060–0500 ...... Sec. 76.1713 ...... 07/31/19 3060–0501 ...... Secs. 73.1942, 76.206 and 76.1611 ...... 09/30/17 3060–0506 ...... FCC 302–FM ...... 09/30/17 3060–0508 ...... Part 1 and Part 22 Reporting and Recordkeeping Requirements ...... 04/30/18 3060–0512 ...... FCC Report 43–01 ...... 02/28/18 3060–0519 ...... Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 ... 09/30/18 3060–0526 ...... Sec. 69.123 ...... 04/30/17 3060–0531 ...... Secs. 101.1011, 101.1325(b), 101.1327(a), 101.527, 101.529, and 101.103 ...... 06/30/18 3060–0532 ...... Secs. 2.1033 and 15.121 ...... 06/30/17 3060–0537 ...... Secs. 13.9(c), 13.13(c), 13.17(b), 13.211(e), and 13.217 ...... 06/30/19 3060–0546 ...... Sec. 76.59 ...... 02/28/19 3060–0548 ...... Secs. 76.1708, 76.1709, 76.1620, 76.56 and 76.1614 ...... 06/30/17 3060–0550 ...... FCC 328 ...... 08/31/18 3060–0560 ...... Sec. 76.911 ...... 08/31/18 3060–0562 ...... Sec. 76.916 ...... 01/31/19 3060–0565 ...... Sec. 76.944 ...... 01/31/18 3060–0568 ...... Secs. 76.970, 76.971 and 76.975 ...... 03/31/18 3060–0569 ...... Sec. 76.975 ...... 10/31/17 3060–0573 ...... FCC 394 ...... 03/31/18 3060–0580 ...... Sec. 76.1710 ...... 07/31/18 3060–0584 ...... FCC 44 and FCC 45 ...... 02/28/18 3060–0589 ...... FCC 159, FCC 159–B, FCC 159–C, FCC 159–E and 159–W ...... 05/31/17 3060–0594 ...... FCC 1220 ...... 12/31/18 3060–0599 ...... Secs. 90.187, 90.425 and 90.627 ...... 09/30/19 3060–0600 ...... FCC 175 ...... 06/30/19 3060–0601 ...... FCC 1200 ...... 12/31/18 3060–0607 ...... Sec. 76.922 ...... 11/30/17 3060–0609 ...... Sec. 76.934(e) ...... 12/31/18 3060–0625 ...... Sec. 24.103 ...... 02/28/19 3060–0626 ...... Sec. 90.483 ...... 11/30/19 3060–0627 ...... FCC 302–AM ...... 09/30/17 3060–0633 ...... Secs. 74.165, 74.432, and 74.832 ...... 04/30/18 3060–0634 ...... Sec. 73.691 ...... 05/31/18 3060–0636 ...... Secs. 2.906, 2.909, 2.1071, 2.1075, 2.1076, 2.1077 and 15.37 ...... 05/31/18 3060–0645 ...... Secs. 17.4, 17.48 and 17.49 ...... 05/31/18 3060–0647 ...... FCC 333 ...... 09/30/18 3060–0649 ...... Secs. 76.1601, 76.1617, 76.1697 and 76.1708 ...... 03/31/19 3060–0652 ...... Secs. 76.309, 76.1602, 76.1603 and 76.1619 ...... 07/31/17 3060–0653 ...... Sec. 64.703(b) and (c) ...... 01/31/20 3060–0655 ...... Requests for Waivers of Regulatory and Application Fees ...... 11/30/19 3060–0665 ...... Sec. 64.707 ...... 06/30/19 3060–0667 ...... Secs. 76.630, 76.1621 and 76.1622 ...... 01/31/20 3060–0668 ...... Sec. 76.936 ...... 03/31/19 3060–0669 ...... Sec. 76.946 ...... 05/31/19 3060–0674 ...... Sec. 76.1618 ...... 05/31/17 3060–0678 ...... Part 25—Licensing of, and Spectrum Usage by, Commercial Earth Stations and Space Stations 08/31/19 3060–0685 ...... FCC 1210 and FCC 1240 ...... 12/31/17 3060–0686 ...... FCC 214, FCC 412FCN, FCC 214TC and FCC 214STA ...... 02/28/18 3060–0687 ...... Access to Telecommunications Equipment and Services by Persons with Disabilities ...... 04/30/18 3060–0688 ...... FCC 1235 ...... 02/28/19 3060–0690 ...... Sec. 101.17 ...... 01/31/18 3060–0691 ...... Sec. 90.665 ...... 04/30/19 3060–0692 ...... Secs. 76.613, 76.802 and 76.804 ...... 02/28/19 3060–0695 ...... Sec. 87.219 ...... 07/31/17 3060–0698 ...... Secs. 25.203(i) and 73.1030(a)(2) ...... 01/31/20 3060–0700 ...... FCC 1275 ...... 05/31/19 3060–0703 ...... FCC 1205 ...... 12/31/17 3060–0704 ...... Secs. 42.10, 42.11 and 64.1900 and Section 254(g) ...... 09/30/17 3060–0706 ...... Secs. 76.952 and 76.990 ...... 01/31/20 3060–0707 ...... Over-the Air Reception Devices (OTARD) ...... 10/31/19 3060–0710 ...... Parts 1 and 51—Implementation of Local Competition Provisions in the Telecommunications Act 09/30/19 of 1996.

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OMB control OMB expi- no. FCC form no. or 47 CFR section or part, docket no., or title identifying the collection ration date

3060–0713 ...... Alternative Broadcast Inspection Program (ABIP) Compliance Notification ...... 02/28/17 3060–0715 ...... Carriers’ Use of Customer Proprietary Network Information and Other Customer Information ...... 09/30/17 3060–0716 ...... Secs. 73.88, 73.718, 73.685 and 73.1630 ...... 04/30/18 3060–0717 ...... Secs. 64.703(a), 64.709 and 64.710 ...... 06/30/17 3060–0718 ...... Part 101—Terrestrial Microwave Fixed Radio Service ...... 02/28/19 3060–0719 ...... Quarterly Report of IntraLATA Carriers Listing Payphone Automatic Number Identifications ...... 06/30/19 3060–0723 ...... Sec. 276—Public Disclosure of Network Information by Bell Operating Companies (BOCs) ...... 07/31/18 3060–0725 ...... Quarterly Filing of Nondiscrimination Reports by Bell Operating Companies (BOCs) ...... 06/30/18 3060–0727 ...... Sec. 73.213 ...... 04/30/18 3060–0737 ...... Disclosure Requirements for Information Services Provided Under a Presubscription or Com- 10/31/17 parable Arrangement. 3060–0740 ...... Sec. 95.1015 ...... 07/31/17 3060–0741 ...... Technology Transitions ...... 01/31/20 3060–0742 ...... Secs. 52.21 through 52.36 ...... 09/30/19 3060–0743 ...... Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 06/30/19 1996. 3060–0745 ...... Local Exchange Carrier Tariff Streamlining Provisions of the Telecommunications Act of 1996 .... 07/31/18 3060–0748 ...... Secs. 64.1504, 64.1509 and 64.1510 ...... 02/28/19 3060–0750 ...... Secs. 73.671 and 73.673 ...... 07/31/17 3060–0751 ...... Sec. 43.51 ...... 09/30/19 3060–0754 ...... FCC 2100, Schedule H ...... 04/30/18 3060–0755 ...... Secs. 59.1 through 59.4 ...... 01/31/18 3060–0760 ...... 272 Sunset Order and Access Charge Reform ...... 10/31/17 3060–0761 ...... Sec. 79.1 ...... 12/31/17 3060–0767 ...... Secs. 1.2110, 1.2111 and 1.2112 ...... 04/30/17 3060–0768 ...... 28 GHz Band ...... 02/28/18 3060–0770 ...... Sec. 61.49 ...... 11/30/17 3060–0773 ...... Sec. 2.803 ...... 06/30/17 3060–0775 ...... Sec. 64.1903 ...... 07/31/19 3060–0779 ...... Secs. 90.20(a)(1)(iii), 90.769, 90.767, 90.763(b)(l)(i)(a), 90.763(b)(l)(i)(B), 90.771(b) and 90.743 .. 01/31/20 3060–0783 ...... Sec. 90.176 ...... 12/31/17 3060–0787 ...... Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996—Unau- 07/31/17 thorized Changes of Consumers’ Long Distance Carriers. 3060–0788 ...... DTV Showings/Interference Agreements ...... 04/30/19 3060–0790 ...... Sec. 68.110(c) ...... 05/31/18 3060–0791 ...... Sec. 32.7300 ...... 05/31/18 3060–0795 ...... FCC 606 ...... 08/31/17 3060–0798 ...... FCC 601 ...... 06/30/19 3060–0799 ...... FCC 602 ...... 10/31/19 3060–0800 ...... FCC 603 ...... 03/31/18 3060–0804 ...... FCC 460, FCC 461, FCC 462, FCC 463, FCC 465, FCC 466, and FCC 467 ...... 09/30/19 3060–0805 ...... Secs. 90.523, 90.527, 90.545 and 90.1211 ...... 07/31/17 3060–0806 ...... FCC 470 and FCC 471 ...... 12/31/18 3060–0807 ...... Sec. 51.803 and Supplemental Procedures for Petitions to Sec. 252(e)(5) ...... 05/31/19 3060–0809 ...... Communications Assistance for Law Enforcement Act ...... 12/31/19 3060–0812 ...... Exemption from Payment of Regulatory Fees When Claiming Non-Profit Status ...... 02/28/18 3060–0813 ...... Sec. 20.18 ...... 02/28/18 3060–0816 ...... FCC 477 ...... 06/30/17 3060–0817 ...... BOC Provision of Enhanced Services (ONA Requirements) ...... 06/30/18 3060–0819 ...... FCC 481, FCC 497, and FCC 555 ...... 09/30/19 3060–0823 ...... Part 64, Pay Telephone Reclassification ...... 05/31/17 3060–0824 ...... FCC 498 ...... 11/30/18 3060–0837 ...... FCC 2100, Schedule B ...... 03/31/19 3060–0844 ...... Cable Carriage of Television Broadcast Stations ...... 03/31/19 3060–0848 ...... Deployment of Wireline Services Offering Advanced Telecommunications Capability ...... 03/31/18 3060–0849 ...... Commercial Availability of Navigation Devices ...... 07/31/17 3060–0850 ...... FCC 605 ...... 05/31/17 3060–0853 ...... FCC 479, FCC 486 and FCC 500 ...... 12/31/19 3060–0854 ...... Sec. 64.2401 ...... 09/30/18 3060–0855 ...... FCC 499–A and FCC 499–Q ...... 12/31/17 3060–0856 ...... FCC 472, FCC 473 and FCC 474 ...... 06/30/19 3060–0859 ...... Suggested Guidelines for Petitions for Ruling under Sec. 253 ...... 03/31/18 3060–0862 ...... Handling Confidential Information ...... 07/31/17 3060–0863 ...... Satellite Delivery of Network Signals to Unserved Households ...... 05/31/17 3060–0865 ...... Universal Licensing System Recordkeeping and Third-Party Disclosure Requirements ...... 02/28/17 3060–0874 ...... Consumer Complaint Portal ...... 07/31/19 3060–0876 ...... Sec. 54.703 and Secs. 54.719 through 54.725 ...... 10/31/18 3060–0881 ...... Sec. 95.861 ...... 05/31/17 3060–0882 ...... Sec. 95.833 ...... 07/31/17 3060–0888 ...... Secs. 76.7, 76.9, 76.61, 76.914, 76.1001, 76.1003, 76.1302 and 76.1513 ...... 01/31/18 3060–0895 ...... FCC 502 ...... 07/31/19 3060–0896 ...... Broadcast Auction Form Exhibits ...... 09/30/17 3060–0905 ...... Sec. 18.213 ...... 06/30/17

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OMB control OMB expi- no. FCC form no. or 47 CFR section or part, docket no., or title identifying the collection ration date

3060–0906 ...... FCC 2100, Schedule G ...... 10/31/17 3060–0910 ...... Ensure Compatibility with Enhanced 911 Emergency Calling Systems ...... 05/31/18 3060–0912 ...... Secs. 76.501, 76.503 and 76.504 ...... 01/31/18 3060–0917 ...... FCC 160 ...... 02/28/17 3060–0918 ...... FCC 161 ...... 02/28/17 3060–0920 ...... FCC 318 ...... 03/31/19 3060–0922 ...... FCC 397 ...... 11/30/18 3060–0927 ...... Auditor’s Annual Independence and Objectivity Certification ...... 01/31/18 3060–0928 ...... FCC 2100, Schedule F and Sec. 73.3572(h), 73.3700(b)(3) and 73.3700(h)(2) ...... 03/31/19 3060–0931 ...... Sec. 80.103 ...... 08/31/18 3060–0932 ...... FCC 2100, Schedule E and Secs. 73.3700(b)(1)(i)–(v) and (vii), (b)(2)(i) and (ii), and 74.793(d) .. 03/31/19 3060–0936 ...... Secs. 95.1215, 95.1217, 95.1223, and 95.1225 ...... 10/31/19 3060–0937 ...... Establishment of a Class A Television Service ...... 05/31/19 3060–0938 ...... FCC 319 ...... 12/31/17 3060–0942 ...... Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Low-Vol- 05/31/19 ume Long Distance Users, Federal-State Joint Board on Universal Service. 3060–0944 ...... Secs. 1.767 and 1.768, FCC 220, and Executive Order 10530 ...... 02/28/18 3060–0950 ...... Bidding Credits for Tribal Lands ...... 04/30/19 3060–0951 ...... Sec. 1.1204(b) Note, and Sec. 1.1206(a) Note 1 ...... 08/31/19 3060–0952 ...... Proposed Demographic Information and Notifications, ...... 02/28/19 3060–0953 ...... Secs. 95.1111 and 95.1113 ...... 08/31/19 3060–0960 ...... Secs. 76.122, 76.123, 76.124 and 76.127 ...... 01/31/20 3060–0967 ...... Sec. 79.2, 79.105, and 79.106 ...... 04/30/17 3060–0971 ...... Sec. 52.15 ...... 05/31/17 3060–0972 ...... Part 69 Filing Requirements for Regulation of Interstate Services of Non-Price Cap Incumbent 06/30/17 Local Exchange Carriers and Interexchange Carriers. 3060–0973 ...... Sec. 64.1120(e) ...... 06/30/19 3060–0975 ...... Secs. 68.105 and 1.4000 ...... 08/31/19 3060–0979 ...... License Audit Letter ...... 11/30/18 3060–0980 ...... Sec. 76.66 ...... 02/28/19 3060–0984 ...... Secs. 90.35(b)(2) and 90.175(b)(1) ...... 09/30/19 3060–0986 ...... FCC 481, FCC 507, FCC 508, FCC 509, and FCC 525 ...... 03/31/17 3060–0987 ...... Sec. 20.18(l)(1)(i)–(iii) and 20.18(l)(2)(i)–(iii) ...... 08/31/17 3060–0989 ...... Secs. 63.01, 63.03 and 63.04 ...... 04/30/17 3060–0991 ...... AM Measurement Data ...... 01/31/18 3060–0994 ...... Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz 10/31/18 Band, the L-Band, and the 1.6/2.4 GHz Band. 3060–0995 ...... Sec. 1.2105(c) and 1.2205 ...... 06/30/19 3060–0996 ...... AM Auction Section 307(b) Submissions ...... 05/31/17 3060–0997 ...... Sec. 52.15(k) ...... 07/31/17 3060–0998 ...... Sec. 87.109 ...... 04/30/19 3060–0999 ...... Sec. 20.19, Hearing Aid Compatibility Status Report, FCC 655 ...... 11/30/18 3060–1000 ...... Sec. 87.147 ...... 08/31/19 3060–1003 ...... Communications Disaster Information Reporting System ...... 07/31/18 3060–1004 ...... Commission Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems ...... 06/30/18 3060–1005 ...... Numbering Resource Optimization—Phase 3 ...... 04/30/17 3060–1008 ...... Secs. 27.50 and 27.602 ...... 08/31/17 3060–1013 ...... Mitigation of Orbital Debris ...... 02/28/18 3060–1015 ...... Part 15—Ultra Wideband Transmission Systems ...... 11/30/17 3060–1021 ...... Sec. 25.139 ...... 11/30/19 3060–1022 ...... Secs. 101.1403, 101.103(f), 101.1413, 101.1440 and 101.1417 ...... 05/31/17 3060–1028 ...... International Signaling Point Code (ISPC) ...... 11/30/18 3060–1029 ...... Data Network Identification Code (DNIC) ...... 11/30/18 3060–1030 ...... Service Rules for Advanced Wireless Services (AWS) in the 1.7 GHz and 2.1 GHz Bands ...... 01/31/18 3060–1031 ...... Commission’s Initiative to Implement Enhanced 911 (E911) Emergency Services ...... 01/31/19 3060–1033 ...... FCC 396–C ...... 10/31/18 3060–1034 ...... FCC 335–AM and FCC 335–FM ...... 02/28/19 3060–1035 ...... FCC 309, FCC 310 and FCC 311 ...... 01/31/20 3060–1039 ...... FCC 620 and FCC 621 ...... 10/31/17 3060–1042 ...... Request for Technical Support—Help Request Form ...... 03/31/19 3060–1044 ...... Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers ...... 05/31/19 3060–1045 ...... FCC 324 and Sec. 76.1610 ...... 12/31/17 3060–1046 ...... Part 64, Pay Telephone Reclassification and Compensation Provisions of the Telecommuni- 08/31/17 cations Act of 1996. 3060–1047 ...... Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing 10/31/17 and Speech Disabilities, FCC 03–112. 3060–1048 ...... Sec. 1.929(c)(1) ...... 11/30/18 3060–1050 ...... Sec. 97.303 ...... 04/30/19 3060–1053 ...... Two-Line Captioned Telephone Order and IP Captioned Telephone Service Declaratory Ruling, 03/31/18 and Internet Protocol Captioned Telephone Service Reform Order. 3060–1054 ...... FCC 422–IB ...... 09/30/18 3060–1056 ...... FCC 421–IB ...... 07/31/18 3060–1057 ...... FCC 420–IB ...... 07/31/18

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OMB control OMB expi- no. FCC form no. or 47 CFR section or part, docket no., or title identifying the collection ration date

3060–1058 ...... FCC 608 ...... 04/30/18 3060–1060 ...... Wireless E911 Coordination Initiative Letter to State 911 Coordinators ...... 12/31/19 3060–1063 ...... Global Mobile Personal Communications by Satellite (GMPCS) Authorization, Marketing and Im- 09/30/18 portation Rules. 3060–1064 ...... Regulatory Fee Assessment True-Ups ...... 07/31/17 3060–1065 ...... Sec. 25.701 ...... 11/30/18 3060–1070 ...... Allocation and Service Rules for the 71–76 GHz, 81–86 GHz and 92–95 GHz Bands ...... 10/31/17 3060–1078 ...... Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography 09/30/19 and Marketing Act of 2003 (CAN–SPAM Act), CG Docket 04–53. 3060–1079 ...... Sec. 15.240 ...... 12/31/19 3060–1080 ...... Improving Public Safety Communications in the 800 MHz Band; TA–13.1 and TA–14.1 ...... 10/31/17 3060–1081 ...... Secs. 54.202, 54.209, 54.307, 54.313, 54.314 and 54.809 ...... 09/30/17 3060–1084 ...... Rules and Regulations Implementing Minimum Customer Account Record Obligations on All 05/31/19 Local and Interexchange Carriers, CG Docket No. 02–386. 3060–1085 ...... Sec. 9.5 ...... 07/31/18 3060–1086 ...... Secs. 74.787, 74.790, 74.794, 74.796 and 74.798 ...... 03/31/19 3060–1087 ...... Sec. 15.615 ...... 04/30/17 3060–1088 ...... Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 ... 05/31/19 3060–1089 ...... Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing 08/31/17 and Speech Disabilities, E911 Requirements for IP-Enabled Service Providers. 3060–1092 ...... FCC 609–T and FCC 611–T ...... 01/31/20 3060–1094 ...... Licensing, Operation, and Transition of the 2500–2690 MHz Band ...... 03/31/17 3060–1095 ...... Surrenders of Authorizations for International Carrier, Space Station and Earth Station Licensees 01/31/18 3060–1096 ...... Prepaid Calling Card Service Provider Certification ...... 07/31/19 3060–1101 ...... Children’s Television Requests for Preemption Flexibility ...... 12/31/18 3060–1103 ...... Sec. 76.41 ...... 01/31/19 3060–1104 ...... Sec. 73.682(d) ...... 02/28/17 3060–1108 ...... Consummations of Assignments and Transfers of Control of Authorization ...... 02/28/18 3060–1113 ...... Commercial Mobile Alert System (CMAS) ...... 07/31/17 3060–1116 ...... Submarine Cable Reporting ...... 01/31/18 3060–1120 ...... Service Quality Measurement Plan for Interstate Special Access and Monthly Usage Reporting 09/30/17 Requirements. 3060–1121 ...... Secs. 1.30002, 1.30003, 1.30004, 73.875, 73.1657 and 73.1690 ...... 02/28/17 3060–1122 ...... Preparation of Annual Reports to Congress for the Collection & Expenditure of Fees or Charges 03/31/18 for Enhanced 911 (E911) Services under the NET 911 Improvement Act of 2008. 3060–1124 ...... Sec. 80.231 ...... 12/31/17 3060–1126 ...... Sec. 10.350 ...... 04/30/18 3060–1127 ...... First Responder Emergency Contact Information in the Universal Licensing System (ULS) ...... 03/31/19 3060–1129 ...... Broadband Speed Test and Unavailability Registry ...... 04/30/19 3060–1131 ...... Implementation of the NET 911 Improvement Act of 2008: Location Information from Owners 06/30/19 and Controllers of 911 and E911 Capabilities. 3060–1133 ...... FCC 308 and Secs. 73.3545 and 73.3580 ...... 07/31/18 3060–1138 ...... Secs. 1.49 and 1.54 ...... 06/30/19 3060–1139 ...... Consumer Broadband Services Testing and Measurement ...... 05/31/17 3060–1142 ...... Electronic Tariff Filing System (ETFS) ...... 11/30/19 3060–1145 ...... Structure and Practices of the Video Relay Service Program ...... 08/31/17 3060–1146 ...... Implementation of the 21st Century Communications and Video Accessibility Act of 2010, Sec- 06/30/18 tion 105, Relay Services for Deaf-Blind Individuals, CG Docket No. 10–210. 3060–1147 ...... Wireless E911 Phase II Location Accuracy Requirements ...... 05/31/18 3060–1148 ...... Sec. 79.3 ...... 01/31/20 3060–1149 ...... Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery ...... 06/30/17 3060–1150 ...... Structure and Practices of the Video Relay Service Program, Second Report and Order, CG 05/31/18 Docket No. 10–51. 3060–1151 ...... Secs. 1.1420, 1.1422, and 1.1424 ...... 03/31/18 3060–1154 ...... Commercial Advertisement Loudness Mitigation (‘‘CALM’’) Act; Financial Hardship and General 06/30/18 Waiver Requests. 3060–1155 ...... Secs. 15.713, 15.714, 15.715, 15.717 and 27.1320 ...... 05/31/19 3060–1156 ...... Sec. 43.62 ...... 02/28/18 3060–1157 ...... Formal Complaint Procedures, Preserving the Open Internet and Broadband Industry Practices .. 09/30/17 3060–1158 ...... Disclosure of Network Management Practices, Preserving the Open Internet and Broadband In- 12/31/19 dustry Practices. 3060–1159 ...... Part 25—Satellite Communications; and Part 27—Miscellaneous Wireless Communications Serv- 10/31/19 ices in the 2.3 GHz Band. 3060–1161 ...... Sec. 27.14(g)–(l) ...... 10/31/17 3060–1162 ...... Closed Captioning of Video Programming Delivered Using Internet Protocol, and Apparatus 09/30/18 Closed Captioning Requirements. 3060–1163 ...... Regulations Applicable to Common Carrier and Aeronautical Radio Licensees ...... 10/31/18 3060–1165 ...... Sec. 74.605 ...... 12/31/17 3060–1166 ...... FCC 180 ...... 01/31/18 3060–1167 ...... Accessible Telecommunications and Advanced Communications Services and Equipment ...... 01/31/20 3060–1168 ...... FCC 680 ...... 01/31/18 3060–1169 ...... Part 11—Emergency Alert System (EAS), FCC 12–7 ...... 08/31/18 3060–1170 ...... Sec. 90.209 ...... 04/30/18

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OMB control OMB expi- no. FCC form no. or 47 CFR section or part, docket no., or title identifying the collection ration date

3060–1171 ...... Secs. 73.682(e) and 76.607(a) ...... 06/30/18 3060–1174 ...... Secs. 73.503, 73.621 and 73.3527 ...... 07/31/18 3060–1177 ...... Sec. 74.800 ...... 06/30/19 3060–1178 ...... FCC 2100, Schedule 399; and Sec. 73.3700(e) ...... 03/31/19 3060–1180 ...... Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions 08/31/18 3060–1181 ...... Study Area Boundary Data Reporting in Esri Shapefile Format ...... 06/30/19 3060–1183 ...... Establishment of a Public Safety Answering Point Do-Not-Call Registry, CG Docket 12–129 ...... 02/28/19 3060–1184 ...... Secs. 1.946(d), 27.10(d), 27.12, 27.14 and 27.17 ...... 07/31/19 3060–1185 ...... FCC 690 and Record Retention Requirements ...... 05/31/19 3060–1186 ...... FCC 480 ...... 01/31/18 3060–1189 ...... Secs. 1.1307(b)(1), 20.3, 20.21(a)(2), 20.21(a)(5), 20.21(e)(2), 20.21(e)(8)(i)(G), 06/30/18 20.21(e)(9)(i)(H), 20.21(f), 20.21(h), 22.9, 24.9, 27.9, 90.203, 90.219(b)(l)(i). 3060–1190 ...... Sec. 87.287(b) ...... 06/30/19 3060–1192 ...... Survey for Urban Rates for Fixed Voice and Fixed Broadband Residential Services ...... 08/31/19 3060–1194 ...... FCC 338 ...... 01/31/19 3060–1195 ...... US Telecom Forbearance FCC 13–69 Conditions ...... 06/30/17 3060–1196 ...... Inmate Calling Services Data Collection ...... 06/30/17 3060–1197 ...... Comprehensive Market Data Collection for Interstate Special Access Services ...... 08/31/17 3060–1198 ...... Secs. 90.525, 90.529 and 90.531 ...... 04/30/18 3060–1199 ...... Sec. 15.407(j) ...... 08/31/17 3060–1200 ...... FCC 5610 and FCC 5620 ...... 09/30/18 3060–1201 ...... Structure and Practices of the Video Relay Service Program; Telecommunications Relay Serv- 09/30/17 ices and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities. 3060–1202 ...... Improving 911 Reliability and Continuity of Communications Including Networks, Broadband 10/31/17 Technologies. 3060–1203 ...... Secs. 79.107, 79.108 and 79.110 ...... 08/31/19 3060–1204 ...... Deployment of Text-to-911 ...... 04/30/18 3060–1205 ...... Sec. 74.802 ...... 03/31/18 3060–1206 ...... FCC 2100, Schedule 381 ...... 03/31/18 3060–1207 ...... Secs. 25.701 and 25.702 ...... 05/31/19 3060–1208 ...... Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies ...... 05/31/18 3060–1209 ...... Sec. 73.1216 ...... 02/28/19 3060–1210 ...... Wireless E911 Location Accuracy Requirements ...... 07/31/18 3060–1211 ...... Secs. 96.17, 96.21, 96.23, 96.33, 96.35, 96.39, 96.41, 96.43, 96.45, 96.51, 96.57, 96.59, 96.61, 04/30/17 96.63, 96.67. 3060–1212 ...... SDARS Political Broadcasting Requirements ...... 11/30/18 3060–1213 ...... FCC 177 ...... 06/30/19 3060–1214 ...... Direct Access to Numbers Order, FCC 15–70, Conditions ...... 07/31/19 3060–1215 ...... Use of Spectrum Bands Above 24 GHz for Mobile Radio Services ...... 01/31/20 3060–1216 ...... Sections 73.3700(b)(4)(i)–(ii), (c), (d), (h)(5)–(6), (g)(4) ...... 03/31/19 3060–1217 ...... Ensuring Continuity of 911 Communications ...... 03/31/19 3060–1218 ...... Carriage of Digital Television Broadcast Signals ...... 05/31/19 3060–1219 ...... Connect America Fund-Alternative Connect America Cost Model Support ...... 09/30/19 3060–1220 ...... Transparency Rule Disclosures, FCC 15–24, Mobile Broadband Disclosures ...... 12/31/18 3060–1221 ...... Inmate Calling Services, One-Time Data Collection ...... 01/31/20 3060–1222 ...... Inmate Calling Services, Annual Reporting, Certification and Consumer Disclosure ...... 01/31/20 3060–1223 ...... Payment Instructions from the Eligible Entity Seeking Reimbursement from the TV Broadcaster 07/31/17 Relocation Fund. 3060–1224 ...... Reverse Auction (Auction 1001) Incentive Payment Instructions from Reverse Auction Winning 07/31/17 Bidder. 3060–1225 ...... National Deaf-Blind Equipment Distribution Program ...... 01/31/20 3060–1226 ...... Receiving Written Consent for Communication with Base Stations in Canada ...... 01/31/20

[82 FR 13260, Mar. 10, 2017, as amended at 83 FR 61335, Nov. 29, 2018; 84 FR 2757, Feb. 8, 2019]

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2015 47 CFR—Continued 80 FR Page 47 CFR 80 FR Chapter I—Continued Page Regulation at 79 FR 48538 con- Chapter I firmed in part...... 55795 20 Authority citation revised...... 11838 27.19 Regulation at 79 FR 48538 Policy statement ...... 66429 confirmed in part...... 55795 20.3 Amended...... 19850 27.50 Regulation at 79 FR 32413 20.18 (i) through (n) redesignated confirmed in part ...... 4515 as (l) through (q); new (i), (j) 27.53 (j) revised ...... 38908 and (k) added; (h)(3) and new 27.803 (b)(4) revised ...... 38908 (m)(1) revised (OMB number 27.1002 (a) revised; eff. 11-17-15 ...... 56816 pending in part) ...... 11838 27.1104 (a) revised; eff. 11-17-15 ...... 56816 Regulation at 80 FR 11838 con- 27.1106 (a) revised; eff. 11-17-15 ...... 56816 firmed in part...... 45897 27.1131 Regulation at 79 FR 32414 20.21 Regulation at 79 FR 70795 confirmed ...... 4515 confirmed in part...... 38653 27.1132 Regulation at 79 FR 32414 20.22 (b)(4)(vii) removed; (b)(5) confirmed ...... 4515 added...... 61970 27.1134 Regulation at 79 FR 32414 confirmed ...... 4515 22.165 Regulation at 79 FR 72151 27.1301 Revised; eff. 11-17-15 ...... 56817 confirmed...... 23452 27.1310 Undesignated center 22.948 Regulation at 79 FR 72152 heading and section added confirmed...... 23452 (OMB number pending) ...... 71743 22.953 Regulation at 79 FR 72152 27.1320 Added (OMB number pend- confirmed...... 23452 ing) ...... 73085 25.202 (f) introductory text revised; (i) and (j) added...... 38908 27 Policy statement...... 66429 2016 27.14 Regulation at 79 FR 32411 47 CFR 81 FR confirmed in part ...... 4515 Page Regulation at 79 FR 48536 con- Chapter I firmed in part...... 55795 20 Authority citation revised...... 183 27.17 Regulation at 79 FR 32412 20.3 Regulation at 80 FR 19850 con- confirmed in part ...... 4515 firmed ...... 93638

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47 CFR—Continued 81 FR 47 CFR—Continued 81 FR Page Page Chapter I—Continued Chapter I—Continued 20.19 (a)(1), (2), (3)(iv) and (b)(3)(i) 25.142 (a)(5) removed ...... 55333 revised ...... 183 25.143 (a) and (b)(2) introductory (c)(1)(i)(C), (D), (2)(iii), (3)(iii), text revised; (b)(3), (c), (e) and (iv), (d)(1)(ii)(D), (E), (2)(iii), (g) removed; (f) and (h) redesig- (3)(iii), (iv) and (e)(3) added; eff. nated as new (c) and (d)...... 55333 10-3-16 ...... 60633 25.145 Heading and (e) revised; (f), 25 Authority citation revised...... 55324, 86613 (g) and (h) removed ...... 55333 25.103 Amended...... 55324 25.146 Heading and (a)(2) heading 25.105 Revised (OMB number revised; (a)(1)(i) amended; (m) pending) ...... 86613 removed ...... 55333 25.108 Added ...... 55324 25.147 Removed...... 55333 25.110 (b) and (f) revised ...... 55325 25.151 Heading, (a)(1), (7) and (8) 25.111 Heading and (d) revised; (e) revised; (a)(9), (10) and (11) added...... 55325 added...... 55333 25.112 Heading and (c) revised; (b) 25.152 Removed...... 55333 introductory text amended; (d) 25.155 (a) amended; (b) and (c) re- added...... 55326 vised...... 55333 25.113 Heading, (f), (g) and (h) re- 25.156 (b) removed; (d)(1) through vised; (i) added ...... 55326 (5) revised ...... 55333 25.114 (a), (b), (c)(4)(vi)(D), (13), 25.157 Heading, (a), (b), (c) intro- (d)(10), (15)(i), (iii) and (iv) revised...... 55326 ductory text and (g)(1) revised; 25.115 Heading, (a)(2) introduc- (g)(2) amended ...... 55334 tory text, (iii) through (vii), (e) revised; (g)(3) removed...... 75344 (c)(1), (2) introductory text, (i) 25.158 Heading, (a), (b) introduc- introductory text, (e), (g) in- tory text, (2), (c) and (d) intro- troductory text, (1), (2), (i) and ductory text revised ...... 55334 (k) revised; (a)(2)(viii), (ix) and 25.159 (a) removed ...... 55334 (h) removed; (c)(3) added; (c) 25.163 (a)(3) revised ...... 55334 and (f) amended ...... 55327 25.164 (a), (b), (f) and (g) revised; 25.117 (h) added ...... 55328 (c), (d) and (e) removed ...... 55334 25.118 (a), (b) and (e) revised...... 55329 25.165 Heading, (a)(1), (2), (3), (c) 25.119 (a) revised; (h), (i) and (j) and (e) revised; (a) introduc- added...... 55329 tory text amended; (d) re- 25.129 (c) revised ...... 55330 moved; (f) and (g) added ...... 55335 25.130 (b), (g) introductory text 25.202 (a)(1) table and footnotes and note revised...... 55330 and (g) revised...... 55335 25.131 (b) and (j)(2) revised ...... 55330 25.132 Heading, (a) and (b) re- (a)(1) table footnotes 1 and 7 revised...... 55330 vised ...... 79937 25.133 (a)(2), (b)(1)(v), (vi) and (2) 25.203 (c)(6) added; (f) amended; revised; (c) removed ...... 55330 (g)(1) and (j) revised...... 55336 25.134 Removed...... 55331 25.204 (e)(1) amended...... 55336 25.136 Added (OMB number pend- 25.205 Revised ...... 55336 ing) ...... 79937 25.209 (a), (b), (c), (e), (f) and (h) re- 25.137 Heading, (a) introductory vised...... 55336 text, (d) introductory text, (4), 25.210 (a) removed; (i) revised ...... 55338 (5), (e) and (f) revised ...... 55331 25.211 Heading, (b), (d)(2), (3) and (g) revised ...... 75344 (e) revised; (a) removed ...... 55338 25.138 Heading, (a) introductory 25.212 Heading, (c), (d) and (e) re- text, (1) through (4) and (b) revised; (g) and (h) added ...... 55338 vised; (a)(5) added; (c), (d), (e) and (g) removed ...... 55331 25.218 Revised ...... 55339 25.140 Heading, (a) and (b)(3) re- 25.220 Heading, (a), (b) and (d)(2) vised; (d) added ...... 55332 revised; (d)(1)(i) removed ...... 55341

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47 CFR—Continued 81 FR 47 CFR—Continued 81 FR Page Page Chapter I—Continued Chapter I—Continued 25.221 Heading, (a)(1)(i), (2), (3), Regulation at 80 FR 73085 con- (b) introductory text, (1) intro- firmed...... 38965 ductory text, (2) and (3) re- 27.1321 Redesignated from vised; (b)(1)(i) and (ii) re- 27.19 ...... 4975 moved ...... 55342 30 Added ...... 79937 25.222 Heading, (a)(1)(i), (2), (3), 30.8 OMB number pending ...... 79937 (b) introductory text, (1) introductory text, (2) and (3) re- 2017 vised; (b)(1)(i) and (ii) re- 47 CFR 82 FR moved ...... 55343 Page 25.223 (b), (c) and (d) revised...... 55344 Chapter I 25.226 Heading, (a)(1)(i), (2), (3), (b) 20.18 (c) revised ...... 7707 introductory text, (1) intro- (a) revised; (r) added (OMB num- ductory text, (2) and (3) re- ber pending in part) ...... 22760 vised; (b)(1)(i) and (ii) re- Regulation at 82 FR 7707 con- moved ...... 55345 firmed...... 60562 25.227 Heading, (a)(1)(i), (2), (3), 20.23 Added ...... 22761 (b) introductory text, (1) intro- Regulation at 82 FR 22761 eff. ductory text, (2) and (3) re- date confirmed...... 48773 vised; (b)(1)(i) and (ii) re- 22.99 Amended ...... 17581 moved ...... 55347 22.131 (b)(1), (c)(3)(i) and (4)(i) re- 25.257 Heading revised; (e) amend- moved; (b)(2), (3), (4), (c)(3)(ii), ed ...... 55348 (iii), (4)(ii), (iii) and (iv) redes- 25.258 Heading revised; (b) amend- ignated as (b)(1), (2), (3), ed ...... 55348 (c)(3)(i), (ii), (4)(i), (ii) and (iii); 25.264 Heading, (a) introductory eff. 10-2-17 ...... 41547 text, (5), (b) introductory text, 22.169 Revised ...... 17582 (2)(ii) and (d) introductory text 22.317 Amended (OMB number revised; (a)(6) and (b)(4) added; pending) ...... 17582 (b)(1), (3), (c) and (d)(1)(ii) Removed (OMB number pending) amended...... 55348 ...... 41547 25.271 (c)(5) revised; (g) added ...... 55349 Regulation at 82 FR 17582 con- 25.275 (e) added...... 55349 firmed...... 55766 25.281 (b) introductory text cor- 22.513 (f) and (g) removed; eff. 10-2- rected...... 33601 17...... 41547 25.283 (c) revised ...... 55349 22.907 Introductory text re- 25.288 Added ...... 55349 vised...... 17582 22.911 Introductory text, (a) head- 25.301 (Subpart E) Added ...... 90745 ing, introductory text, (b) 25.601 Amended...... 10122 heading, (1) and (d); (c) added; 25.701 Heading, (d) introductory (e) removed (OMB number text, (2), (e)(3) and (f)(6) re- pending in part) ...... 17582 vised; (d)(3) removed (OMB Regulation at 82 FR 17582 con- number pending) ...... 10122 firmed in part...... 55766 Regulation at 81 FR 10122 eff. 22.913 Revised (OMB number date confirmed...... 33140 pending in part) ...... 17582 25.702 Added (OMB number pend- Regulation at 82 FR 17582 con- ing) ...... 10122 firmed in part...... 55766 Regulation at 81 FR 10122 eff. 22.917 (b) revised ...... 17583 date confirmed...... 33140 22.935 Removed...... 17583 27.4 Amended ...... 4975 22.936 Removed...... 17583 27.19 Redesignated as 27.1321...... 4975 22.939 Removed...... 17583 27.1300 Undesignated center 22.940 Removed...... 17583 heading added ...... 4975 22.943 Removed...... 17583 27.1320 Undesignated center 22.947 Added (OMB number pend- heading added ...... 4975 ing) ...... 17583

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47 CFR—Continued 82 FR 47 CFR—Continued 82 FR Page Page Chapter I—Continued Chapter I—Continued Removed (OMB number pending) 25.203 (m) added ...... 37029 ...... 41547 25.208 Heading and (c) introduc- Regulation at 82 FR 17583 con- tory text revised; (e) and (g) firmed...... 55766 through (m) removed ...... 59986 22.953 (c) revised (OMB number 25.217 (b)(1) and (c)(1) revised...... 59986 pending) ...... 17584 25.254 (e) added ...... 8819 Regulation at 82 FR 17584 con- 25.261 Revised ...... 59986 firmed...... 55766 25.271 (e) removed ...... 59986 22.955 Removed...... 17584 25.281 (b) introductory text and 22.957 Removed...... 17584 (1) revised; (b) Note 1 added...... 40494 24.16 Removed; eff. 10-2-17 ...... 41547 25.289 Added ...... 59986 24.104 (f) and (g) removed; eff. 10-2- 27.1 (b)(14) amended ...... 47160 17...... 41547 27.5 (l) revised...... 47160 24.714 (e) removed; eff. 10-2-17 ...... 41547 27.6 (l) revised...... 47160 25 Actions on petitions ...... 32260 27.11 (k) revised ...... 47160 Authority citation revised ...... 37029, 27.14 Heading revised; (b) through 59984 (f), (q)(7), (r)(6), (s)(6) and (t)(6) 25.105 Regulation at 81 FR 86613 removed (OMB number pend- eff. date confirmed...... 18580 ing in part)...... 41548 25.108 (b)(2) through (5) redesig- 27.15 (d) removed; eff. 10-2-17...... 41548 nated as (b)(3) through (6); new 27.17 Removed (OMB number (b)(2) added ...... 37029 pending) ...... 41548 (b) redesignated as (c); new (b) 30.105 (d) removed; eff. 10-2-17 ...... 41548 added ...... 40494 30.106 Removed (OMB number (c)(6) removed; (c)(2) through (5) pending) ...... 41548 redesignated as (c)(4) through 32 Authority citation revised; eff. (7); new (c)(2), new (3), (8), and 1-1-18 ...... 20840 (9) added; (a) revised ...... 59984 32.1 Revised (OMB number pend- 25.114 (c)(8) and (d)(12) revised ing) ...... 20840 (OMB number pending) ...... 59984 Regulation at 82 FR 20840 eff. 25.115 (c)(1) introductory text, (e), date confirmed...... 59971 and (f) revised (OMB number 32.3 Removed; eff. 1-1-18 ...... 20840 pending) ...... 59984 32.11 Heading and (a) revised; (b) 25.136 Regulation at 81 FR 79937 through (f) removed; (g) added; eff. date confirmed...... 25205 eff. 1-1-18...... 20840 25.142 (d) removed ...... 59985 32.26 Revised; eff. 1-1-18 ...... 20840 25.143 (d) removed ...... 59985 32.101 (c) revised; eff. 1-1-18 ...... 20840 25.145 Removed...... 59985 32.103 Revised; eff. 1-1-18 ...... 20840 25.146 Revised (OMB number 32.2000 (a)(4) removed; (b)(1), pending) ...... 59985 (2)(iii), (c)(2)(x), (f)(2)(iii) and 25.149 (g) redesignated as (h); (j) revised; (e)(8) added; eff. 1-1- (a)(1), note, (c)(3) and (e) re- 18...... 20840 vised; (c)(4) and new (g) added 32.2110 Revised; eff. 1-1-18 ...... 20841 (OMB number pending)...... 8818 32.2210 Revised; eff. 1-1-18 ...... 20841 Regulation at 82 FR 8818 eff. date 32.2230 Revised; eff. 1-1-18 ...... 20841 confirmed ...... 58759 32.2310 Revised; eff. 1-1-18 ...... 20841 25.151 (b)(10) and (11) amended; 32.2410 Revised; eff. 1-1-18 ...... 20841 (a)(12) added ...... 59985 32.2680 Revised; eff. 1-1-18 ...... 20841 25.156 (d)(5) removed ...... 59985 32.2682 (c) amended; eff. 1-1-18...... 20841 25.157 (b) revised ...... 59985 32.2690 (b) removed; eff. 1-1-18 ...... 20841 25.161 (a) revised; (d) added ...... 59985 32.3000 Revised; eff. 1-1-18 ...... 20841 25.164 (a), (b), and (g) revised 32.3400 (a) introductory text re- (OMB number pending) ...... 59985 vised; eff. 1-1-18 ...... 20842 25.165 (c) revised; (d) added ...... 59986 32.3999 Revised; eff. 1-1-18 ...... 20842 25.202 (a)(12) added ...... 27213 32.4999 (f) and (n) revised; eff. 1-1- (a)(1) revised ...... 59986 18...... 20842

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47 CFR—Continued 82 FR 47 CFR—Continued 82 FR Page Page Chapter I—Continued Chapter I—Continued 32.5000 Revised; eff. 1-1-18 ...... 20842 36.375 (b)(4) and (5) amended ...... 25538 32.5200 Introductory text revised; Correctly amended ...... 32489 eff. 1-1-18...... 20842 36.377 (a) introductory text, 32.5999 (g) revised; eff. 1-1-18 ...... 20842 (1)(ix), (2)(vii), (3)(vii), (4)(vii), 32.6110 Revised; eff. 1-1-18 ...... 20842 (5)(vii) and (6)(vii) amended...... 25538 32.6120 Revised; eff. 1-1-18 ...... 20842 Correctly amended ...... 32489 32.6230 Revised; eff. 1-1-18 ...... 20842 36.378 (b)(1) amended...... 25538 32.6310 Revised; eff. 1-1-18 ...... 20842 Correctly amended ...... 32489 32.6410 Revised; eff. 1-1-18 ...... 20842 36.379 (b)(1) and (2) amended ...... 25538 32.6510 Revised; eff. 1-1-18 ...... 20842 Correctly amended ...... 32489 32.6530 Revised; eff. 1-1-18 ...... 20843 36.380 (d) and (e) amended...... 25538 32.6560 Revised; eff. 1-1-18 ...... 20843 Correctly amended ...... 32489 32.6610 Revised; eff. 1-1-18 ...... 20843 36.381 (c) and (d) amended...... 25538 32.6620 Revised; eff. 1-1-18 ...... 20843 Correctly amended ...... 32489 32.6999 Revised; eff. 1-1-18 ...... 20843 36.382 (a) amended...... 25538 32.7200 Revised; eff. 1-1-18 ...... 20843 Correctly amended ...... 32489 32.9000 Amended; eff. 1-1-18...... 20843 36.3 (a), (b), (c), (d) introductory 2018 text and (e) amended ...... 25538 47 CFR 83 FR Correctly amended ...... 32489 Page 36.123 (a)(5) and (6) amended ...... 25538 Chapter I Correctly amended ...... 32489 20.3 Amended ...... 7401, 17090 36.124 (c) and (d) amended...... 25538 20.3 Amended (OMB number Correctly amended ...... 32489 pending)...... 7922 36.125 (h) and (i) amended ...... 25538 20.3 Regulation at 83 FR 7922 eff. 6- Correctly amended ...... 32489 11-18 ...... 21927 36.126 (b)(6), (c)(4), (e)(4) and (f)(2) 20.7 Removed ...... 7401 amended...... 25538 20.9 Removed ...... 7401 Correctly amended ...... 32489 20.18 (m)(4)(vii) revised; eff. 10-4- (a)(1), (2), (8), (d)(1), (e)(1), and 18...... 44843 (3)(iii) revised; (b)(4) amended 20.18 Regulation at 68 FR 2918 eff...... 48776 11-2-18...... 55106 36.141 (c) amended...... 25538 20.19 (b)(1), (2), (e)(1)(iii)(B), (C), Correctly amended ...... 32489 (f)(1), (k)(2), and (l) revised; 36.142 (c) amended...... 25538 (e)(1)(iii)(D) added...... 8631 Correctly amended ...... 32489 20.19 (c)(4)(ii), (d)(4)(ii), (e)(1)(i), 36.152 (d) amended...... 25538 (h), (i)(1), (3), and (4) revised; Correctly amended ...... 32489 (m) added...... 63105 36.154 (g) amended...... 25538 20.21 (a) introductory text and (g) Correctly amended ...... 32489 revised; (a)(5) and (6) amended; 36.155 (b) amended...... 25538 (a)(7) added ...... 17090 Correctly amended ...... 32489 22.3 Removed...... 37763 36.156 (c) amended...... 25538 22.301 Removed...... 37763 Correctly amended ...... 32489 22.303 Removed...... 37763 36.157 (b) amended...... 25538 22.303 Regulation at 83 FR 37763 Correctly amended ...... 32489 eff. date confirmed...... 66145 36.191 (d) amended...... 25538 22.321 Removed...... 37763 Correctly amended ...... 32489 22.325 Removed...... 37763 36.212 (c) amended...... 25538 22.927 Removed...... 37763 Correctly amended ...... 32489 25 Policy statement....40155, 42043, 44416 36.214 (a) amended...... 25538 25.103 Amended...... 34489 Correctly amended ...... 32489 25.114 Regulation at 82 FR 59984 36.372 Amended...... 25538 eff. date confirmed...... 22391 Correctly amended ...... 32489 (d)(7) revised; (d)(17) removed ...... 34489 36.374 (b) and (d) amended...... 25538 25.115 Regulation at 82 FR 59984 Correctly amended ...... 32489 eff. date confirmed...... 22391

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47 CFR—Continued 83 FR 47 CFR—Continued 83 FR Page Page Chapter I—Continued Chapter I—Continued (e)(1) and (g)(1)(vii) revised ...... 34489 36.124 (a) amended; (c) revised ...... 63584 25.130 (b) and (g) note revised ...... 63 36.124 (d) amended...... 63587 25.136 Heading, (a) introductory 36.125 (h) and (i) amended...... 4153, 63587 text, (4), (c), and (d) revised; (e) 36.125 (a) introductory text and and (f) added (OMB number (h) amended...... 63585 pending)...... 63 36.126 (b)(6), (c)(4), (e)(4), and (f)(2) (g) added (OMB number pending) amended ...... 4153 ...... 34489 36.126 (a) introductory text, (b) 25.138 Heading, (a) introductory introductory text, (5), and (6) text, and (6) revised...... 34490 amended...... 63585 25.140 (a)(2), (3) introductory text, 36.126 (b)(5), (6), (c)(4), (e)(4), and (iv), (b) introductory text, (3), (f)(2) amended...... 63587 (4), (5), and (d) introductory 36.141 (c) amended ...... 4153, 63587 text revised; (a)(3)(vi) added; 36.142 (c) amended ...... 4153, 63587 (b)(6) and (c) removed ...... 34490 36.152 (d) amended ...... 4153, 63587 25.146 Regulation at 82 FR 59985 36.154 (g) amended ...... 4153 eff. date confirmed...... 22391 36.154 (b) amended...... 63585 25.164 Regulation at 82 FR 59985 36.155 (b) amended ...... 4153 eff. date confirmed...... 22391 36.156 (c) amended ...... 4153 25.203 (l) removed...... 34491 36.157 (b) amended ...... 4153, 63587 25.204 (e) introductory text, (1), 36.191 (d) amended ...... 4153, 63587 and (3) revised; (e)(4) re- 36.201 (a) redesignated as undesig- moved ...... 34491 nated introductory text; new 25.209 (f) revised...... 34491 introductory text amended...... 63585 25.210 (i) revised...... 34491 36.211 (a) redesignated as undesig- 25.220 Amended; CFR correc- nated introductory text; new tion ...... 11146 introductory text table (a) revised ...... 34491 amended...... 63585 25.223 Removed...... 34491 36.212 (c) amended ...... 4153 25.262 Revised ...... 34491 36.212 Heading revised...... 63585 27.20 Removed...... 5544 36.214 (a) amended ...... 4153 27.1310 Regulation at 80 FR 71743 36.301 (a) redesignated as undesig- eff. 10-22-18...... 53190 nated introductory text; new 30 Policy statement...... 44416 introductory text amended...... 63585 30.4 (a), (b), and (c) redesignated 36.302 (c)(1) introductory text and as (b), (c), and (d); new (a) and (i) revised ...... 63586 (e) added...... 65 36.310 (a) table revised...... 63586 30.6 (b) revised...... 65 36.311 Heading revised...... 63586 30.8 Removed ...... 65 36.321 Heading, (a) table, (b) re- 30.104 (a) revised...... 65 vised...... 63586 (b) through (e) redesignated as (c) 36.331 Heading revised...... 63586 through (f); new (b) added; 36.341 Heading revised...... 63586 heading, new (c), new (e), and 36.351 Revised ...... 63586 new (f) revised ...... 34492 36.352 Heading revised...... 63587 30.208 Revised ...... 34492 36.353 Heading revised...... 63587 32.1 Revised ...... 67121 36.371 Table amended...... 63587 32.11 (g) revised...... 67121 36.372 Amended ...... 4153 36 Authority citation revised...... 63584 36.372 Heading revised...... 63587 36.3 (a), (b), (c), (d) introductory 36.374 (b) and (d) amended ...... 4153 text, and (e) amended ...... 4153 36.374 (b) amended...... 63587 36.3 (a) and (b) amended...... 63587 36.375 (b)(4) and (5) amended...4153, 63587 36.112 Revised ...... 63584 36.377 (a) introductory text, 36.121 (a) table revised; (c)(1)(i) (1)(ix), (2)(vii), (3)(vii), (4)(vii), amended...... 63584 (5)(vii), and (6)(vii) amended ...... 4153, 36.123 (a)(5) and (6) amended...4153, 63587 63587 36.124 (c) and (d) amended ...... 4153 36.378 (b)(1) amended ...... 4153, 63587

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47 CFR—Continued 83 FR 47 CFR—Continued 84 FR Page Page Chapter I—Continued Chapter I—Continued 36.379 (b)(1) and (2) amended...... 4153 25.218 (a), (b), and (i) revised; (j) 36.379 (b)(1) amended...... 63587 added...... 53656 36.380 (d) and (e) amended ...... 4153, 63587 25.220 (a) revised ...... 53656 36.381 (c) and (d) amended ...... 4153 25.221 Removed...... 53656 36.381 (c) amended...... 63587 25.222 Removed...... 53656 36.382 (a) amended ...... 4153, 63587 25.226 Removed...... 53656 36.392 (c) revised ...... 63587 25.227 Removed...... 53656 36.411 Revised ...... 63587 25.228 Added ...... 53656 36.501 Table amended...... 63587 25.258 (b) revised ...... 53659 36.505 Heading revised; (a) redes- 25.284 Removed...... 66779 ignated as undesignated 25.287 (d) removed ...... 53659 text ...... 63587 25.290 Added ...... 53659 25.701 (f)(6)(i)(D) added; eff. 10-29- 2019 19...... 45668 27 Policy statement ...... 8443 47 CFR 84 FR Page 27 Actions on petitions ...... 26363 27.4 Amended...... 57364 Chapter I 27.5 (i)(3) removed...... 57364 20.2 (c) added...... 66779 27.14 (o) introductory text, (2) in- 20.3 Amended...... 66779 troductory text, (iii), and (3) 20.18 Removed ...... 66779 revised; (u) and (v) added ...... 57364 20.19 (m) removed ...... 37592 27.14 Correction: (u)(4) and (5) 22.921 Removed...... 66779 25 Regulation 83 FR 42043 eff. date amended...... 64209 confirmed...... 13141 27.53 (j)(1) and (k) revised ...... 23499 25 Notification ...... 22733 27.1201 Removed ...... 57365 25.103 Amended...... 53651, 66779 27.1203 Removed ...... 57365 25.115 (a)(1), (2)(iii), (b), (c)(1), 27.1204 Added ...... 57365 (2)(i)(A), (3)(i)(B), (ii), (e)(1), 27.1205 Added ...... 57365 (g)(1)(vii), and (k) revised; 27.1206 Revised ...... 57365 (a)(4) removed; (a)(5) through 27.1207 Revised ...... 57366 (10), (l), (m), and (n) added...... 53651 27.1208 Revised ...... 57366 25.129 (c) revised ...... 53654 27.1209 Revised ...... 57366 25.130 (b)(4) revised ...... 20819 27.1214 Revised ...... 57366 25.130 Removed...... 53654 27.1217 Revised ...... 57366 25.131 Removed...... 53654 27.1218 Heading revised ...... 57366 25.132 (d) introductory text re- 27.1219 Added ...... 57366 vised...... 53654 27.1219 Correction: (a)(1) amend- 25.133 (d) revised ...... 53654 ed ...... 64209 25.136 Regulation at 83 FR 63 eff. 27.1230—27.1239 Undesignated date confirmed...... 2462 center heading removed...... 57367 25.136 Regulation at 83 FR 34489 27.1230 Removed ...... 57367 eff. date confirmed ...... 2462 27.1231 Removed ...... 57367 25.136 Heading, (e), (f), and (g) re- 27.1232 Removed ...... 57367 vised; (c)(2) and (d)(4)(ii) 27.1233 Removed ...... 57367 amended; (h) added ...... 20819 27.1234 Removed ...... 57367 25.136 (h) removed...... 47147 27.1235 Removed ...... 57367 25.138 Removed...... 53654 27.1236 Removed ...... 57367 25.140 (a)(3)(i), (ii), (iii), and (d)(1) 27.1237 Removed ...... 57367 revised ...... 53654 27.1238 Removed ...... 57367 25.202 (a)(8), (10), and (11) re- 27.1239 Removed ...... 57367 vised...... 53655 30 Authority citation revised...... 20820 25.204 (e)(3) revised; (h) through 30 Policy statement...... 43046 (k) removed ...... 53655 30.4 (b), (c), (d), and (e) redesig- 25.209 (c)(1) and (f) revised ...... 53655 nated as (c), (d), (f), and (g); new 25.212 (c), (d), (g), and (h) re- (d)(1), new (f), and new (g) revised...... 53655 vised ...... 1631

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47 CFR—Continued 84 FR 2020 Page Chapter I—Continued (Regulations published from January 1, 30.205 (a) Table 2 and Table 3 2020, through October 1, 2020) amended...... 18405 47 CFR 85 FR 30.205 (b) table designated as (b) Page table 4; new (b) table 4 amend- 20 Actions on petitions ...... 12747 ed; (c) added ...... 20820 20.12 (a)(1) revised...... 43134 32.1410 (l) and (m) added; eff. 1-1- 20.15 (b)(1) amended ...... 838 22.317 Regulation at 82 FR 41547 20 ...... 4729 confirmed...... 60718 32.2680 Revised; eff. 1-1-20 ...... 4729 22.379 Added ...... 18150 32.2681 Heading, (a), and (c) re- 22.947 Regulation at 82 FR 41547 vised; eff. 1-1-20...... 4729 confirmed...... 60718 32.2682 (a) revised; eff. 1-1-20...... 4730 24.51 (c) removed...... 18150 32.3400 (a)(1) and (b) revised; eff. 1- 24.52 Revised ...... 18150 1-20 ...... 4730 25 Notification ...... 16567 32.3410 Heading, (a), and (b) re- 25 Compliance notification...... 57980 vised; eff. 1-1-20...... 4730 25.103 Amended...... 22864, 43733, 44786 32.4130 (c) revised; eff. 1-1-20 ...... 4730 25.109 (e) added...... 22864 32.4200 (a)(5) revised; (a)(9) added; 25.112 (a)(3) revised ...... 43733 eff. 1-1-20 ...... 4730 25.113 (h) and (i) revised...... 43733 25.114 (d) introductory text re- 32.4300 (c) added; eff. 1-1-20 ...... 4730 vised...... 43733 32.7500 (e) revised; eff. 1-1-20 ...... 4730 25.114 (d)(14) revised...... 52450 36.3 (b) revised; (a), (c), (d) intro- 25.115 (p) added ...... 18150 ductory text, and (e) amended; 25.115 (f), (g)(1)(vii), (l)(3)(i), eff. date delayed in part ...... 4360 (m)(3)(i), and (n)(3)(i) revised; 36.3 Regulation at 84 FR 4360 eff. 3- (o) added ...... 44786 1-19 ...... 6977 25.117 (g) revised ...... 18150 36.123 (a)(5) and (6) amended...... 4360 25.117 (d)(1) revised ...... 43733 36.124 (c) and (d) amended ...... 4360 25.121 (a)(1) and (d)(2) revised; 36.125 (h) and (i) amended...... 4360 (a)(3) and (d)(3) added ...... 43733 36.126 (b)(6), (c)(4), (e)(4), and (f)(2) 25.121 (f) added ...... 52451 amended ...... 4360 25.122 Added ...... 43734 36.141 (c) amended ...... 4360 25.122 (c) and (d) revised ...... 52452 25.123 Added ...... 43734 36.142 (c) amended ...... 4360 25.123 (b)(11) added ...... 52452 36.152 (d) amended ...... 4360 25.129 (c) revised ...... 18150 36.154 (g) amended ...... 4360 25.137 (b) and (d)(5) revised ...... 43735 36.155 (b) amended ...... 4360 25.138 Added ...... 22864 36.156 (c) amended ...... 4360 25.147 Added ...... 22864 36.157 (b) amended ...... 4360 25.149 (c)(3) revised ...... 18150 36.191 (d) amended ...... 4360 25.156 (d)(1) revised ...... 43735 36.212 (c) amended ...... 4360 25.157 (i) added; (a) revised...... 43735 36.214 (a) amended ...... 4360 25.159 (b) revised ...... 43735 36.372 Amended ...... 4360 25.165 (a) introductory text and 36.374 (b) and (d) amended ...... 4360 (e)(1) revised ...... 43735 25.202 (a)(8) revised; (a)(10)(i) and 36.375 (b)(4) and (5) amended...... 4360 (ii) added; (a)(11) removed ...... 44787 36.377 (a) introductory text, 25.203 (n) added ...... 22864 (1)(ix), (2)(vii), (3)(vii), (4)(vii), 25.209 (f) revised...... 44787 (5)(vii), and (6)(vii) amended ...... 4360 25.217 (b)(1) revised; (b)(4) 36.378 (b)(1) amended ...... 4360 added...... 43735 36.379 (b)(1) and (2) amended...... 4360 25.218 (a) and (j) revised ...... 44787 36.380 (d) and (e) amended ...... 4360 25.228 (a), (b), (c), (e)(1), and (j) in- 36.381 (c) and (d) amended ...... 4360 troductory text revised...... 44787 36.382 (a) amended ...... 4360 25.271 (g) revised ...... 18150 25.271 (d) revised ...... 52453

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47 CFR—Continued 85 FR 47 CFR—Continued 85 FR Page Page 25.282 (b) revised ...... 52453 27.14 (a) and (k) amended; (v) 27 Compliance notification...... 31704, added...... 22881 57765, 57980 27.17 Regulation at 82 FR 41548 27 Technical correction ...... 38089 confirmed...... 60718 27.1 (b)(15) added; (c) revised...... 22864 27.50 (j) added...... 22882 27.1 (b)(16) added ...... 43134 27.52 Revised ...... 18151 27.4 Amended...... 22865 27.53 (l) added...... 22882 27.5 (m) added ...... 22865 27.55 (d) added ...... 22882 27.5 (n) added ...... 43134 27.57 (c) revised...... 22882 27.6 (m) added ...... 22865 27.75 (a)(3) added ...... 22882 27.1—27.9 (Subpart A) Appendix A 27.1204 Correction: (f) removed ...... 1284 added...... 22865 27.1321 (b) revised...... 38740 27.11 (l) added...... 22881 27.1401—27.1424 (Subpart O) 27.12 (a) revised...... 43134 Added ...... 22884 27.13 (m) added...... 22881 27.1500—27.1510 (Subpart P) 27.13 (n) added...... 43134 Added ...... 43134 27.14 Regulation at 82 FR 41547 30.106 Regulation at 82 FR 41548 confirmed in part...... 60718 confirmed...... 60718 27.14 Correction: (v) removed...... 1284 36 Actions on petitions ...... 12747 Æ

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