§ 90.1 47 CFR Ch. I (10–1–96 Edition)

90.909 License grant, denial, default, and proceedings, and rule making proceed- disqualification for spectrum blocks A, ings; procedures for reconsideration B, and C. and review of the Commission’s ac- 90.910 Installment payments for licenses for spectrum blocks A, B, and C. tions; provisions concerning violation 90.911 Procedures for partitioned licenses in notices and forfeiture proceedings; and spectrum blocks A, B, and C. the environmental processing require- 90.912 Definitions for spectrum blocks A, B, ments that, if applicable, must be com- and C. plied with prior to initiating construc- 90.913 Eligibility for small business status tion. for spectrum blocks A, B, and C. (c) Part 2 contains the table of fre- AUTHORITY: Secs. 4, 251–2, 303, 309, and 332, quency allocations and special require- 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, ments in International regulations, 251–2, 303, 309 and 332, unless otherwise noted. agreements, and treaties. This part SOURCE: 43 FR 54791, Nov. 22, 1978, unless also contains standards and procedures otherwise noted. concerning marketing of radio fre- quency devices, and for obtaining Subpart A—General Information equipment type acceptance and type approval. § 90.1 Basis and purpose. (d) Part 5 contains standards and pro- (a) Basis. The rules in this part are cedures for obtaining experimental au- promulgated under Title III of the thorizations. Communications Act of 1934, as amend- (e) Part 15 provides for the operation ed which vests authority in the Federal of incidental and restricted radio fre- Communications Commission to regu- late radio transmission and to issue li- quency devices that do not require an censes for radio stations. All rules in individual license. this part are in accordance with appli- (f) Part 17 contains detailed require- cable treaties and agreements to which ments for construction, marking, and the United States is a party. lighting of antenna towers. (b) Purpose. This part states the con- (g) Part 18 deals with the operation ditions under which radio communica- of industrial, scientific, and medical tions systems may be licensed and used (ISM) devices that are not intended for in the Public Safety, Special Emer- radio communication, gency, Industrial, Land Transpor- (h) Part 20 of this chapter contains tation, and Radiolocation Radio Serv- rules relating to commercial mobile ices. These rules do not govern radio radio services. systems employed by agencies of the (i) Part 20 of this chapter which gov- Federal Government. erns commercial mobile radio service applicable to certain providers in the § 90.5 Other applicable rule parts. following services in this part: Other Commission rule parts of im- (1) Business radio service; portance that may be referred to with (2) Private paging; respect to licensing and operations in (3) Land on 220–222 radio services governed under this part MHz; include the following: (4) Specialized Mobile Radio Service. (a) Part 0 of the Commission’s Rules describes the Commission’s organiza- (j) Part 22 contains regulations for tion and delegations of authority. This public (common carrier) mobile radio part also lists available Commission services. publications, and standards and proce- (k) Part 51 contains rules relating to dures for access to Commission interconnection. records, and location of Commission (l) Part 68 contains technical stand- Field Offices. ards for connection of private land mo- (b) Part 1 of this chapter includes bile radio equipment to the public rules of practice and procedure for ap- switched telephone network. plication signature requirements, adju- (m) Part 94 governs licensing and op- dicatory proceedings including hearing eration of private operational-fixed

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radio stations on frequencies in the Las Marias, Maricao, Maunabo, Maya- microwave spectrum above 928 MHz. guez, Moca, Patillas, Penuelas, Ponce, Quebradillas, Rincon, Sabana Grande, [43 FR 54791, Nov. 22, 1978, as amended at 50 FR 39677, Sept. 30, 1985; 55 FR 20398, May 16, Salinas, San German, Santa Isabel, 1990; 58 FR 21407, Apr. 21, 1993; 59 FR 18499, Villalba, and Yauco. The San Juan Apr. 19, 1994; 59 FR 59957, Nov. 21, 1994; 61 FR BTA-like service area consists of all 45635, Aug. 29, 1996] other municipios in Puerto Rico. Carrier frequency. The frequency of an § 90.7 Definitions. unmodulated electromagnetic wave. Antenna height above average terrain Channel loading. The number of mo- (AAT). Height of the center of the radi- bile transmitters authorized to operate ating element of the antenna above the on a particular channel within the average terrain. (See § 90.309(a)(4) for same service area. calculation method.) Control point. Any place from which a Antenna height above sea level. The transmitter’s functions may be con- height of the topmost point of the an- trolled. tenna above mean sea level. Control station. An Operational Fixed Structure on Antenna structure. Station, the transmissions of which are which an antenna is mounted. used to control automatically the Assigned frequency. Center of a fre- emissions or operation of another radio quency band assigned to a station. station at a specified location. Assigned frequency band. The fre- quency band the center of which coin- Conventional radio system. A method cides with the frequency assigned to of operation in which one or more radio the station and the width of which frequency channels are assigned to mo- equals the necessary bandwidth plus bile and base stations but are not em- twice the absolute value of the fre- ployed as a trunked group. An ‘‘urban- quency tolerance. conventional system’’ is one whose Authorized bandwidth. The frequency transmitter site is located within 24 band, specified in kilohertz and cen- km (15 miles) of the geographic center tered on the carrier frequency contain- of any of the first 50 urbanized areas ing those frequencies upon which a (ranked by population) of the United total of 99 percent of the radiated States. A ‘‘sub-urban-conventional sys- power appears, extended to include any tem’’ is one whose transmitter site is discrete frequency upon which the located more than 24 km (15 miles) power is at least 0.25 percent of the from the geographic center of the first total radiated power. 50 urbanized areas. See Table 21, Rank Average terrain. The average ele- of Urbanized Areas in the United vation of terrain between 3.2 and 16 km States by Population, page 1–87, U.S. (2 and 10 miles) from the antenna site. Census (1970); and table 1 of § 90.635. . A station at a specified Developmental operation. A specially site authorized to communicate with licensed operation for the purpose of mobile stations. testing concepts in the use of radio ap- Basic trading areas. Service areas that propriate to the radio services gov- are based on the Rand McNally 1992 erned by this part. Commercial Atlas & Marketing Guide, Dispatch point. Any place from which 123rd Edition, at pages 38–39, with the radio messages can be originated under following additions licensed separately the supervision of a control point. as BTA-like areas: American Samoa; EA-based or EA license. A license au- Guam, Northern Mariana Islands; Ma- thorizing the right to use a specified yaguez/Aguadilla-Ponce, Puerto Rico; block of SMR spectrum within one of San Juan, Puerto Rico; and the United the 175 Economic Areas (EAs) as de- States Virgin Islands. The Mayaguez/ fined by the Department of Commerce Aguadilla-Ponce BTA-like service area Bureau of Economic Analysis. The EA consists of the following municipios: Listings and the EA Map are available Adjuntas, Aguada, Aguadilla, Anasco, for public inspection at the Wireless Arroyo, Cabo Rojo, Coamo, Guanica, Telecommunications Bureau’s public Guayama, Guayanilla, Hormigueros, reference room, Room 5608, 2025 M St. Isabela, Jayuya, Juana Diaz, Lajas, NW., Washington, DC 20554 and Office

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of Operations—Gettysburg, 1270 Fair- other authorized persons for transmit- field Road, Gettysburg, PA 17325. ter control (including dial-up transmit- Economic Areas (EAs). A total of 175 ter control circuits) or as an integral licensing regions based on the United part of an authorized, private, internal States Department of Commerce Bu- system of communication or as an in- reau of Economic Analysis Economic tegral part of dispatch point circuits in Areas available from the Bureau of a private land mobile radio station are Economic Analysis at (202–606–3700) de- not considered to be interconnection fined as of February 1995, with the fol- for purposes of this rule part. lowing exceptions: Internal System. An internal system (1) Guam and Northern Mariana Is- of communication is one in which all lands are licensed as a single EA-like messages are transmitted between the area. fixed operating positions located on (2) Puerto Rico and the U.S. Virgin premises controlled by the licensee and Islands are licensed as a single EA-like the associated mobile stations or pag- area. ing receivers of the licensee. (See sub- (3) American Samoa is licensed as a part O). single EA-like area. Itinerant Operation. Operation of a Effective radiated power (ERP). The radio station at unspecified locations power supplied to an antenna multi- for varying periods of time. plied by the relative gain of the an- Land mobile radio service. A mobile tenna in a given direction. service between base stations and land Fixed relay station. A station at a mobile stations, or between land mo- specified site used to communicate bile stations. with another station at another speci- fied site. Land Mobile Radio System. A regularly Forward links. Transmissions in the interacting group of base, mobile and frequency bands specified in § 90.357(a) associated control and fixed relay sta- and used to control and interrogate the tions intended to provide land mobile mobile units to be located by radio communications service over a multilateration LMS systems. single area of operation. Frequency coordinator. An entity or . A station in the mobile organization that has been certified by service not intended to be used while in the Commission to recommend fre- motion. [As used in this part, the term quencies for use by licensees in the Pri- may be used to describe a base, control, vate Land Mobile Radio Services. fixed, operational fixed or fixed relay Geographic center. The geographic station, or any such station authorized center of an urbanized area is defined to operate in the ‘‘temporary’’ mode.] by the coordinates given at table 1 of Line A. An imaginary line within the § 90.635. U.S., approximately paralleling the Harmful interference. For the purposes U.S.-Canadian border, north of which of resolving conflicts between stations Commission coordination with Cana- operating under this part, any emis- dian authorities in the assignment of sion, radiation, or induction which spe- frequencies is generally required. It be- cifically degrades, obstructs, or inter- gins at Aberdeen, Washington, running rupts the service provided by such sta- by great circle arc to the intersection tions. of 48° N., 120° W., then along parallel 48° Interconnection. Connection through N., to the intersection of 95° W., thence automatic or manual means of private by great circle arc through the south- land mobile radio stations with the fa- ern most point of Duluth, Minn., cilities of the public switched tele- thence by great circle arc to 45° N., 85° phone network to permit the trans- W., thence souuthward along meridian mission of messages or signals between 85° W., to its intersection with parallel points in the wireline or radio network 41° N., thence along parallel 41° N. to of a public telephone company and per- its intersection with meridian . . . 82° sons served by private land mobile W., thence by great circle arc through radio stations. Wireline or radio cir- the southernmost point of Bangor, cuits or links furnished by common Maine, thence by great circle arc carriers, which are used by licensees or through the southernmost point of

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Searsport, Maine, at which point it ter- MTA-based license or MTA license. A minates. license authorizing the right to use a Line C. An imaginary line in Alaska specified block of SMR spectrum with- approximately paralleling the border in one of the 51 Major Trading Areas with Canada, East of which Commis- (‘‘MTAs’’), as embodied in Rand sion coordination with Canadian au- McNally’s Trading Area System MTA thorities in the assignment of fre- Diskette and geographically rep- quencies is generally required. It be- resented in the map contained in Rand gins at the intersection of 70° N., 144° McNally’s Commercial Atlas & Mar- W., thence by great circle arc to the keting Guide (the ‘‘MTA Map.’’) The intersection of 60° N., 143° W., thence MTA Listings, the MTA Map and the by great circle arc so as to include all Rand McNally/AMTA license agree- the Alaskan Panhandle. ment are available for public inspec- Location and Monitoring Service tion at the Wireless Telecommuni- (LMS). The use of non-voice signaling cations Bureau’s public reference room, methods to locate or monitor mobile Room 628, 1919 M Street NW., Washing- radio units. LMS systems may trans- ton, DC 20554. mit and receive voice and nonvoice sta- Multilateration LMS System. A system tus and instructional information re- that is designed to locate vehicles or lated to such units. other objects by measuring the dif- Major trading areas. Service areas ference of time of arrival, or difference based on the Rand McNally 1992 Com- in phase, of signals transmitted from a mercial Atlas & Marketing Guide, 123rd unit to a number of fixed points or Edition, at pages 38–39, with the follow- from a number of fixed points to the ing exceptions and additions: unit to be located. (a) Alaska is separated from the Se- Navigable waters. This term, as used attle MTA and is licensed separately. in reference to waters of the United (b) Guam and the Northern Mariana States, its territories and possessions, Islands are licensed as a single MTA- means the waters shoreward of the like area. baseline of its territorial sea and inter- (c) Puerto Rico and the United States nal waters as contained in 33 CFR 2.05– Virgin Islands are licensed as a single 25. MTA-like area. 900 MHz SMR MTA-based license or (d) American Samoa is licensed as a MTA license. A license authorizing the single MTA-like area. right to use a specified block of 900 Meteor burst communications. Commu- MHz SMR spectrum within one of the nications by the propagation of radio 47 Major Trading Areas (‘‘MTAs’’), as signals reflected off ionized meteor embodied in Rand McNally’s Trading trails. Areas System MTA Diskette and geo- Mobile relay station. A base station in graphically represented in the map the mobile service authorized to re- contained in Rand McNally’s Commer- transmit automatically on a mobile cial Atlas & Marketing Guide (the service frequency communications ‘‘MTA Map’’), with the following excep- which originate on the transmitting tions and additions: frequency of the mobile station. (1) Alaska is separated from the Se- Mobile Repeater Station. A mobile sta- attle MTA and is licensed separately. tion authorized to retransmit auto- (2) Guam and the Northern Mariana matically on a mobile service fre- Islands are licensed as a single MTA- quency, communications to or from like area. hand-carried transmitters. (3) Puerto Rico and the United States Mobile service. A service of Virgin Islands are licensed as a single radiocommunication between mobile MTA-like area. and base stations, or between mobile (4) American Samoa is licensed as a stations. single MTA-like area. Mobile station. A station in the mo- The MTA map is available for public bile service intended to be used while inspection in the Office of Engineering in motion or during halts at unspec- and Technology’s Technical Informa- ified points. This includes hand carried tion Center, room 7317, 2025 M Street transmitters. NW., Washington, DC.

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Non-multilateration LMS System. A Secondary operation. Radio commu- system that employs any of a number nications which may not cause inter- of non-multilateration technologies to ference to operations authorized on a transmit information to and/or from primary basis and which are not pro- vehicular units. tected from interference from those Operational . A fixed sta- primary operations. tion, not open to public correspond- Signal booster. A device at a fixed lo- ence, operated by, and for the sole use cation which automatically receives, of those agencies operating their own amplifies, and retransmits on a one- radiocommunication facilities in the way or two-way basis, the signals re- Public Safety, Industrial, Land Trans- ceived from base, fixed, mobile, and portation, Marine, or Aviation Radio portable stations, with no change in Services. (This includes all stations in frequency or authorized bandwidth. A the fixed service under this part.) signal booster may be either Output Power. The radio frequency narrowband (Class A), in which case output power of a transmitter’s final the booster amplifies only those dis- radio frequency stage as measured at crete frequencies intended to be re- the output terminal while connected to transmitted, or broadband (Class B), in a load of the impedance recommended which case all signals within the by the manufacturer. passband of the signal booster filter are Paging. A one-way communications amplified. service from a base station to mobile Specialized Mobile Radio System. A or fixed receivers that provide signal- radio system in which licensees provide ing or information transfer by such land mobile communications services means as tone, tone-voice, tactile, op- (other than radiolocation services) in tical readout, etc. the 800 MHz and 900 MHz bands on a Person. An individual, partnership, commercial basis to entities eligible to association, joint stock company, trust be licensed under this part, Federal or corporation. Government entities, and individuals. Private carrier. An entity licensed in SMSA (Standard Metropolitan Statis- the private services and authorized to tical Area). A city of 50,000 or more pop- provide communications service to ulation and the surrounding counties. other private services on a commercial Station authorization. A license issued basis. by the Commission for the operation of Radio call box. A transmitter used by a radio station. the public to request fire, police, medi- Telecommand. The transmission of cal, road service, or other emergency non voice signals for the purpose of re- assistance. motely controlling a device. Radiodetermination. The determina- Telemetering (also telemetry). The tion of position, or the obtaining of in- transmission of non-voice signals for formation relating to position, by the purpose of automatically indicat- means of the propagation of radio ing or recording measurements at a waves. distance from the measuring instru- Radiofacsimile. A system of ment. radiocommunication for the trans- Travelers’ Information Station. A base mission of fixed images, with or with- station in the Local Government Radio out half-tones, with a view to their re- Service used to transmit non-commer- production in a permanent form. cial, voice information pertaining to Radiolocation. Radiodetermination traffic and road conditions, traffic haz- used for purposes other than those of ard and traveler advisories, directions, radionavigation. availability of lodging, rest stops, and Radionavigation. Radiodetermination service stations, and descriptions of used for the purposes of navigation, in- local points of interest. cluding obstruction warning. Trunk (telephony). A one or two-way Radio teleprinting. Radio trans- channel provided as a common traffic missions to a printing telegraphic in- artery between switching equipment. strument having a signal-actuated Trunk group. All of the trunks of a mechanism for automatically printing given type of characteristic that ex- received messages. tend between two switching points.

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Trunked radio system. A method of op- for the National Plan is the 821–824 eration in which a number of radio fre- MHz and the 866–869 MHz bands. The quency channel pairs are assigned to National plan establishes planning re- mobile and base stations in the system gions covering all parts of the United for use as a trunk group. States, Puerto Rico, and the U.S. Vir- Urbanized Area. A city and the sur- gin Islands. No assignments will be rounding closely settled territories. made in the 821–824 MHz and 866–869 [43 FR 54791, Nov. 22, 1978] MHz bands until a regional plan for the area has been accepted by the Commis- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 90.7, see the List of CFR sion. Sections Affected in the Finding Aids sec- [53 FR 1023, Jan. 15, 1988] tion of this volume. § 90.17 Local Government Radio Serv- Subpart B—Public Safety Radio ice. Services (a) Eligibility. Any territory, posses- § 90.15 Scope. sion, state, city, county, town or simi- lar governmental entity, including a The Public Safety Radio Services in- district and an authority, but not in- clude the Local Government, Police, cluding a school district or authority Fire, Highway Maintenance and For- or a park district or authority except estry-Conservation Radio Services. Rules as to eligibility for licensing, fre- as provided for in § 90.242, is eligible to quencies available, and any special re- hold authorizations in the Local Gov- quirements as to each of these radio ernment Radio Service to operate radio services are set forth in the following stations for transmission of commu- sections. nications essential to official activities of the licensee. § 90.16 Public Safety National Plan. (b) Frequencies available. The follow- The Commission has established a ing table indicates frequencies avail- National Plan which specifies special able for assignment to stations in the policies and procedures governing the Local Government Radio Service, to- Public Safety Radio Services and the gether with the class of station(s) to Special Emergency Radio Service. The which they are normally assigned and National Plan is contained in the Re- the specific assignment limitations port and Order in General Docket No. which are explained in paragraph (c) of 87–112. The principal spectrum resource this section.

LOCAL GOVERNMENT RADIO SERVICE FREQUENCY TABLE

Frequency or band Class of station(s) Limitations

Kilohertz: 530 ...... Base (T.I.S.) ...... 23 1610 ...... do ...... 23 2726 ...... Base or mobile ...... 1 2000 to 10,000 ...... Fixed, base or mobile ...... 25 Megahertz: 37.10 ...... Base or mobile ...... 2 37.18 ...... do ...... 2 37.26 ...... do ...... 2 39.06 ...... Mobile ...... 2, 3 39.10 ...... Base or mobile ...... 2 39.18 ...... do ...... 2 39.50 ...... do ...... 2 39.58 ...... do ...... 2 39.82 ...... do ...... 2 39.90 ...... do ...... 2 39.98 ...... do ...... 2 45.08 ...... do ...... 45.12 ...... do ...... 45.16 ...... do ...... 45.20 ...... do ...... 45.24 ...... do ...... 45.28 ...... do ...... 45.32 ...... do ......

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