28 Part 22—Public Mobile Services

Pt. 22 47 CFR Ch. I (10–1–09 Edition)

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 PART 22—PUBLIC MOBILE SERVICES the FCC for suspension or modification of the requirements set forth in para- Subpart A—Scope and Authority graphs (a), (b) and (c) of this section. The FCC will grant such a petition Sec. where the incumbent LEC dem- 22.1 Basis and purpose. onstrates that suspension or modifica- 22.3 Authorization required. 22.5 Citizenship. tion of the separate affiliate require- 22.7 General eligibility. ment is 22.99 Definitions. (i) Necessary to avoid a significant adverse economic impact on users of Subpart B—Licensing Requirements and telecommunications services generally Procedures or to avoid a requirement that would be unduly economically burdensome, APPLICATIONS AND NOTIFICATIONS and 22.107 General application requirements. (ii) Consistent with the public inter- 22.131 Procedures for mutually exclusive ap- est, convenience, and necessity. plications. (e) Definitions. Terms used in this sec- 22.143 Construction prior to grant of application. tion have the following meanings: 22.150 Standard pre-filing technical coordi- Affiliate. ‘‘Affiliate’’ means a person nation procedure. that (directly or indirectly) owns or 22.165 Additional transmitters for existing controls, is owned or controlled by, or systems. is under common ownership with, an- 22.169 Internal coordination of channel as- other person. For purposes of this sec- signments. tion, the term ‘‘own’’ means to own an COMPETITIVE BIDDING PROCEDURES equity interest (or the equivalent thereof) of more than 10 percent. 22.201 Paging geographic area authorizations are subject to competitive bidding. Broadband Commercial Mobile Radio 22.203–22.211 [Reserved] Service (Broadband CMRS). For the pur- 22.213 Filing of Long-form applications. poses of this section, ‘‘broadband 22.215 [Reserved] CMRS’’ means Cellular Radiotelephone 22.217 Bidding credits for small businesses.

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22.221 Eligibility for partitioned licenses. PAGING OPERATION 22.223 Designated entities. 22.531 Channels for paging operation. 22.225 Certifications, disclosures, records 22.535 Effective radiated power limits. maintenance, and definitions. 22.227 Petitions to deny and limitations on 22.537 Technical channel assignment cri- settlements. teria. 22.228 Cellular rural service area licenses 22.559 Paging application requirements. subject to competitive bidding. ONE-WAY OR TWO-WAY MOBILE OPERATION 22.229 Designated entities. 22.561 Channels for one-way or two-way mo- Subpart C—Operational and Technical bile operation. Requirements 22.565 Transmitting power limits. 22.567 Technical channel assignment cri- OPERATIONAL REQUIREMENTS teria. 22.301 Station inspection. 22.571 Responsibility for mobile stations. 22.303 Retention of station authorizations; 22.573 Use of base transmitters as repeaters. identifying transmitters. 22.575 Use of mobile channel for remote con- 22.305 Operator and maintenance require- trol of station functions. ments. 22.579 Operation of mobile transmitters 22.307 Operation during emergency. across U.S.-Canada border. 22.313 Station identification. 22.589 One-way or two-way application re- 22.317 Discontinuance of station operation. quirements. 22.321 Equal employment opportunities. POINT-TO-POINT OPERATION 22.325 Control points. 22.591 Channels for point-to-point oper- TECHNICAL REQUIREMENTS ation. 22.351 Channel assignment policy. 22.593 Effective radiated power limits. 22.352 Protection from interference. 22.599 Assignment of 72–76 MHz channels. 22.353 Blanketing interference. 22.601 Existing microwave stations licensed 22.355 Frequency tolerance. under this part. 22.357 Emission types. 22.602 Transition of the 2110–2130 and 2160– 22.359 Emission limitations. 2180 MHz channels to emerging tech- 22.365 Antenna structures; air navigation nologies. safety. 22.603 488–494 MHz fixed service in Hawaii. 22.371 Disturbance of AM broadcast station antenna patterns. POINT-TO-MULTIPOINT OPERATION 22.377 Certification of transmitters. 22.621 Channels for point-to-multipoint op- 22.383 In-building radiation systems. eration. 22.623 System configuration. Subpart D—Developmental Authorizations 22.625 Transmitter locations. 22.627 Effective radiated power limits. 22.401 Description and purposes of developmental authorizations. 470–512 MHZ TRUNKED MOBILE OPERATION 22.403 General limitations. 22.409 Developmental authorization for a 22.651 470–512 MHz channels for trunked mo- new Public Mobile Service or technology. bile operation. 22.413 Developmental authorization of 72–76 22.653 Eligibility. MHz fixed transmitters. 22.657 Transmitter locations. 22.659 Effective radiated power limits. Subpart E—Paging and Radiotelephone Service Subpart F—Rural Radiotelephone Service 22.501 Scope. 22.701 Scope. 22.503 Paging geographic area authoriza- 22.702 Eligibility. tions. 22.703 Separate rural subscriber station au- 22.507 Number of transmitters per station. thorization not required. 22.509 Procedures for mutually exclusive ap- 22.705 Rural radiotelephone system configu- plications in the Paging and Radio- ration. telephone Service. 22.709 Rural radiotelephone service applica- 22.511 Construction period for the Paging tion requirements. and Radiotelephone Service. 22.711 Provision of information to appli- 22.513 Partitioning and disaggregation. cants. 22.515 Permissible communications paths. 22.713 Construction period for rural radio- 22.527 Signal boosters. telephone stations. 22.529 Application requirements for the 22.715 Technical channel assignment cri- Paging and Radiotelephone Service. teria for rural radiotelephone stations.

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22.717 Procedure for mutually exclusive ap- Subpart H—Cellular Radiotelephone plications in the Rural Radiotelephone Service Service. 22.719 Additional channel policy for rural 22.900 Scope. radiotelephone stations. 22.901 Cellular service requirements and limitations. CONVENTIONAL RURAL RADIOTELEPHONE 22.905 Channels for cellular service. STATIONS 22.907 Coordination of channel usage. 22.909 Cellular markets. 22.721 Geographic area authorizations. 22.911 Cellular geographic service area. 22.723 Secondary site-by-site authoriza- 22.912 Service area boundary extensions. tions. 22.913 Effective radiated power limits. 22.725 Channels for conventional rural ra- 22.917 Emission limitations for cellular diotelephone stations and basic exchange equipment. telephone radio systems. 22.921 911 Call processing procedures; 911- 22.727 Power limits for conventional rural only calling mode. radiotelephone transmitters. 22.923 Cellular system configuration. 22.731 Emission limitations. 22.925 Prohibition on airborne operation of 22.733 Priority of service. cellular telephones. 22.737 Temporary fixed stations. 22.927 Responsibility for mobile stations. 22.929 Application requirements for the Cel- BASIC EXCHANGE TELEPHONE RADIO SYSTEMS lular Radiotelephone Service. 22.935 Procedures for comparative renewal 22.757 Channels for basic exchange tele- proceedings. phone radio systems. 22.936 Dismissal of applications in cellular 22.759 Power limit for BETRS. renewal proceedings. 22.939 Site availability requirements for ap- Subpart G—Air-Ground Radiotelephone plications competing with cellular re- Service newal applications. 22.940 Criteria for comparative cellular re- 22.801 Scope. newal proceedings. 22.943 Limitations on transfer of control GENERAL AVIATION AIR-GROUND STATIONS and assignment for authoriziations 22.805 Channels for general aviation air- issued as a result of a comparative re- ground service. newal proceeding. 22.807 General aviation air-ground station 22.946 Service commencement and construc- application requirements. tion systems. 22.809 Transmitting power limits. 22.947 Five year build-out period. 22.813 Technical channel pair assignment 22.948 Partitioning and Disaggregation. criteria. 22.949 Unserved area licensing process. 22.815 Construction period for general avia- 22.950 Provision of service in the Gulf of tion ground stations. Mexico Service Area (GMSA). 22.951 Minimum coverage requirement. 22.817 Additional channel policies. 22.953 Content and form of applications. 22.955 Canadian condition. COMMERCIAL AVIATION AIR-GROUND SYSTEMS 22.957 Mexican condition. 22.853 Eligibility to hold interest in licenses 22.959 Rules governing processing of appli- limited to 3 MHz of spectrum. cations for initial systems. 22.857 Frequency bands. 22.960 Cellular unserved area radiotelephone 22.859 Incumbent commercial aviation air- licenses subject to competitive bidding. ground systems. 22.961–22.967 [Reserved] 22.861 Emission limitations. 22.969 Cellular RSA licenses subject to com- 22.863 Frequency stability. petitive bidding. 22.867 Effective radiated power limits. 22.970 Unacceptable interference to part 90 22.873 Construction requirements for com- non-cellular 800 MHz licensees from cel- mercial aviation air-ground systems. lular radiotelephone or part 90–800 MHz cellular systems. 22.877 Unacceptable interference to part 90 22.971 Obligation to abate unacceptable in- non-cellular 800 MHz licensees from com- terference. mercial aviation air-ground systems. 22.972 Interference resolution procedures. 22.878 Obligation to abate unacceptable in- 22.973 Information exchange. terference. 22.879 Interference resolution procedures. Subpart I—Offshore Radiotelephone 22.880 Information exchange. Service 22.881 Air-Ground Radiotelephone Service subject to competitive bidding. 22.1001 Scope. 22.882 Designated entities. 22.1003 Eligibility.

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22.1005 Priority of service. tion held by the licensee providing 22.1007 Channels for offshore radiotelephone service to them. Subscribers are not re- systems. quired to apply for, and the FCC does 22.1009 Transmitter locations. not accept applications from sub- 22.1011 Antenna height limitations. 22.1013 Effective radiated power limitations. scribers for, individual mobile or fixed 22.1015 Repeater operation. station authorizations in the Public 22.1025 Permissible communications. Mobile Services, except that individual 22.1031 Temporary fixed stations. authorizations are required to operate 22.1035 Construction period. rural subscriber stations in the Rural 22.1037 Application requirements for off- Radiotelephone Service under certain shore stations. circumstances. See § 22.703. AUTHORITY: 47 U.S.C. 154, 222, 303, 309, and [59 FR 59507, Nov. 17, 1994, as amended at 70 332. FR 19307, Apr. 13, 2005] SOURCE: 59 FR 59507, Nov. 17, 1994, unless otherwise noted. § 22.5 Citizenship. The rules in this section implement Subpart A—Scope and Authority section 310 of the Communications Act of 1934, as amended (47 U.S.C. § 310), in § 22.1 Basis and purpose. regard to the citizenship of licensees in This section contains a concise gen- the Public Mobile Services. eral statement of the basis and purpose (a) Foreign governments. The FCC will of the rules in this part, pursuant to 5 not grant an authorization in the Pub- U.S.C. 553(c). lic Mobile Services to any foreign gov- (a) Basis. These rules are issued pur- ernment or any representative thereof. suant to the Communications Act of (b) Alien ownership or control. The 1934, as amended, 47 U.S.C. 151 et. seq. FCC will not grant an authorization in (b) Purpose. The purpose of these the Public Mobile Services to: rules is to establish the requirements (1) Any alien or the representative of and conditions under which radio sta- any alien; tions may be licensed and used in the Public Mobile Services. (2) Any corporation organized under the laws of any foreign government; [59 FR 59507, Nov. 17, 1994, as amended at 70 (3) Any corporation of which more FR 19307, Apr. 13, 2005] than one-fifth of the capital stock is owned of record or voted by aliens or § 22.3 Authorization required. their representatives or by a foreign Stations in the Public Mobile Serv- government or representative thereof, ices must be used and operated only in or by any corporation organized under accordance with the rules in this part the laws of a foreign country; and with a valid authorization granted (4) Any corporation directly or indi- by the FCC under the provisions of this rectly controlled by any other corpora- part. tion of which more than one-fourth of (a) The holding of an authorization the capital stock is owned of record or does not create any rights beyond the voted by aliens, their representatives, terms, conditions and period specified or by a foreign government or rep- in the authorization. Authorizations resentative thereof, or by any corpora- may be granted upon proper application organized under the laws of a for- tion, provided that the FCC finds that eign country, if the FCC finds that the the applicant is qualified in regard to public interest will be served by the re- citizenship, character, financial, tech- fusal or revocation of such license. nical and other criteria, and that the public interest, convenience and neces- [59 FR 59507, Nov. 17, 1994, as amended at 61 sity will be served. See 47 U.S.C. 301, FR 55580, Oct. 28, 1996] 308, and 309. (b) Authority for subscribers to oper- § 22.7 General eligibility. ate mobile or fixed stations in the Pub- Any entity, other than those pre- lic Mobile Services, except for certain cluded by section 310 of the Commu- stations in the Rural Radiotelephone nications Act of 1934, as amended, 47 Service, is included in the authoriza- U.S.C. 310, is eligible to hold a license

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under this part. Applications are grant- added to the first cellular system au- ed only if the applicant is legally, fi- thorized on a channel block in a cel- nancially, technically and otherwise lular market during the five year qualified to render the proposed serv- build-out period in order to expand the ice. coverage of the system within the mar- [70 FR 19307, Apr. 13, 2005] ket. Cardinal radials. Eight imaginary § 22.99 Definitions. straight lines extending radially on the ground from an antenna location in the Terms used in this part have the fol- following azimuths with respect to true lowing meanings: ° ° ° ° ° ° ° Air-Ground Radiotelephone Service. A North: 0 , 45 , 90 , 135 , 180 , 225 , 270 , ° radio service in which licensees are au- 315 . thorized to offer and provide radio tele- Carrier frequency. The frequency of communications service for hire to the unmodulated electrical wave at the subscribers in aircraft. output of an amplitude modulated Airborne station. A mobile station in (AM), frequency modulated (FM) or the Air-Ground Radiotelephone Service phase modulated (PM) transmitter. authorized for use on aircraft while in Cell. The service area of an individual flight or on the ground. transmitter location in a cellular sys- Antenna structure. A structure com- tem. prising an antenna, the tower or other Cellular Geographic Service Area. The structure that exists solely to support geographic area served by a cellular antennas, and any surmounting appur- system, within which that system is tenances (attachments such as beacons entitled to protection and adverse ef- or lightning rods). fects are recognized, for the purpose of Antenna. A device that converts radio determining whether a petitioner has frequency electrical energy to radiated standing. See § 22.911. electromagnetic energy and vice versa; Cellular markets. Standard geographic in a transmitting station, the device areas used by the FCC for administra- from which radio waves are emitted. tive convenience in the licensing of cel- Authorized bandwidth. The necessary lular systems. See § 22.909. or occupied bandwidth of an emission, Cellular Radiotelephone Service. A whichever is more. radio service in which licensees are au- Authorized spectrum. The spectral thorized to offer and provide cellular width of that portion of the electro- service for hire to the general public. magnetic spectrum within which the This service was formerly titled Do- emission power of the authorized trans- mestic Public Cellular Radio Tele- mitter(s) must be contained, in accord- communications Service. ance with the rules in this part. The Cellular repeater. In the Cellular Ra- authorized spectrum comprises one diotelephone Service, a stationary channel bandwidth or the bandwidths transmitter or device that automati- of two or more contiguous channels. cally re-radiates the transmissions of Auxiliary test transmitter. A fixed base transmitters at a particular cell transmitter used to test Public Mobile site and mobile stations commu- systems. nicating with those base transmitters, Base transmitter. A stationary trans- with or without channel translation. mitter that provides radio tele- Cellular service. Radio telecommuni- communications service to mobile and/ cation services provided using a cel- or fixed receivers, including those asso- lular system. ciated with mobile stations. Cellular system. An automated high- Blanketing interference. Disturbance capacity system of one or more multi- in consumer receivers located in the channel base stations designed to pro- immediate vicinity of a transmitter, vide radio telecommunication services caused by currents directly induced to mobile stations over a wide area in into the consumer receiver’s circuitry a spectrally efficient manner. Cellular by the relatively high field strength of systems employ techniques such as low the transmitter. transmitting power and automatic Build-out transmitters. In the Cellular hand-off between base stations of com- Radiotelephone Service, transmitters munications in progress to enable

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channels to be reused at relatively purpose of controlling the operation of short distances. Cellular systems may the base or fixed stations, and/or trans- also employ digital techniques such as mits subscriber communications to one voice encoding and decoding, data com- or more base or fixed stations that re- pression, error correction, and time or transmit them to subscribers. code division multiple access in order Dead spots. Small areas within a serv- to increase system capacity. ice area where the field strength is Center frequency. The frequency of lower than the minimum level for reli- the middle of the bandwidth of a chan- able service. Service within dead spots nel. is presumed. Central office transmitter. A fixed Dispatch service. A radiotelephone transmitter in the Rural Radio- service comprising communications be- telephone Service that provides service tween a dispatcher and one or more to rural subscriber stations. mobile units. These communications CGSA. See Cellular Geographic Service 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 Construction period. The period be- any. See § 2.201 of this chapter for de- tween the date of grant of an author- tails. ization and the date of required commencement of service. Emission mask. The design limits im- Control channel. In the Cellular Ra- posed, as a condition or certification, diotelephone Service and the Air- on the mean power of emissions as a Ground Radiotelephone Service, a function of frequency both within the channel used to transmit information authorized bandwidth and in the adja- necessary to establish or maintain cent spectrum. communications. In the other Public Equivalent isotropically radiated power Mobile Services, a channel that may be (EIRP). The equivalent isotropically assigned to a control transmitter. radiated power of a transmitter (with Control point. A location where the antenna, transmission line, duplexers operation of a public mobile station is etc.) is the power that would be nec- supervised and controlled by the li- essary at the input terminals of a ref- censee of that station. erence isotropic radiator in order to Control transmitter. A fixed trans- produce the same maximum field in- mitter in the Public Mobile Services tensity. An isotropic radiator is a theo- that transmits control signals to one retical lossless point source of radi- or more base or fixed stations for the ation with unity gain in all directions.

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EIRP is usually calculated by multi- transmitters, receivers, indoor anten- plying the measured transmitter out- nas and/or leaky coaxial cable radi- put power by the specified antenna sys- ators, designed to improve service reli- tem gain, relative to an isotropic radi- ability inside buildings or structures ator, in the direction of interest. located within the service areas of sta- Extension. In the Cellular Radio- tions in the Public Mobile Services. telephone Service, an area within the Initial cellular applications. Applica- service area boundary of a cellular sys- tions for authority to construct and tem, but outside of the market bound- operate a new cellular system, exclud- ary. See §§ 22.911(c) and 22.912. ing applications for interim operating Facsimile service. Transmission of still authority. images from one place to another by Interfering contour. The locus of means of radio. points surrounding a transmitter Fill-in transmitters. Transmitters where the predicted median field added to a station, in the same area strength of the signal from that trans- and transmitting on the same channel mitter is the maximum field strength or channel block as previously author- that is not considered to cause inter- ized transmitters, that do not expand ference at the service contour of an- the existing service area, but are estab- other transmitter. lished for the purpose of improving re- Interoffice transmitter. A fixed trans- ception in dead spots. mitter in the Rural Radiotelephone Five year build-out period. A five year Service that communicates with other period during which the licensee of the interoffice transmitters for the purpose first cellular system authorized on of interconnecting rural central of- each channel block in each cellular fices. market may expand the system within Mobile station. One or more transmit- that market. See § 22.947. ters that are capable of operation while Fixed transmitter. A stationary trans- in motion. mitter that communicates with other Necessary bandwidth. The calculated stationary transmitters. spectral width of an emission. Calcula- Frequency. The number of cycles oc- tions are made using procedures set curring per second of an electrical or forth in part 2 of this chapter. The electromagnetic wave; a number rep- bandwidth so calculated is considered resenting a specific point in the elec- to be the minimum necessary to con- tromagnetic spectrum. vey information at the desired rate Ground station. In the Air-Ground Ra- with the desired accuracy. diotelephone Service, a stationary Occupied bandwidth. The measured transmitter that provides service to spectral width of an emission. The airborne mobile stations. measurement determines occupied Gulf of Mexico Service Area (GMSA). bandwidth as the difference between The cellular market comprising the upper and lower frequencies where 0.5% water area of the Gulf of Mexico bound- of the emission power is above the ed on the West, North and East by the upper frequency and 0.5% of the emis- coastline. Coastline, for this purpose, sion power is below the lower fre- means the line of ordinary low water quency. along that portion of the coast which is Offshore central transmitter. A fixed in direct contact with the open sea, transmitter in the Offshore Radio- and the line marking the seaward limit telephone Service that provides service of inland waters. Inland waters include to offshore subscriber stations. bays, historic inland waters and waters Offshore Radiotelephone Service. A circumscribed by a fringe of islands radio service in which licensees are au- within the immediate vicinity of the thorized to offer and provide radio tele- shoreline. communication services for hire to Height above average terrain (HAAT). subscribers on structures in the off- The height of an antenna above the av- shore coastal waters of the Gulf of erage elevation of the surrounding Mexico. area. Offshore subscriber station. One or In-building radiation systems. Supple- more fixed and/or mobile transmitters mentary systems comprising low power in the Offshore Radiotelephone Service

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that receive service from offshore cen- Public Mobile Services. Radio services tral transmitters. in which licensees are authorized to Pager. A small radio receiver de- offer and provide mobile and related signed to be carried by a person and to fixed radio telecommunication services give an aural, visual or tactile indica- for hire to the public. tion when activated by the reception of Radio telecommunication services. Com- a radio signal containing its specific munication services provided by the code. It may also reproduce sounds and/ use of radio, including radiotelephone, or display messages that were also radiotelegraph, paging and facsimile transmitted. Some pagers also trans- service. mit a radio signal acknowledging that Radiotelegraph service. Transmission a message has been received. of messages from one place to another Paging geographic area authorization. by means of radio. An authorization conveying the exclu- Radiotelephone service. Transmission sive right to establish and expand one of sound from one place to another by or more stations throughout a paging means of radio. geographic area or, in the case of a par- Repeater. A fixed transmitter that re- titioned geographic area, throughout a transmits the signals of other stations. specified portion of a paging geo- Roamer. A mobile station receiving graphic area, on a specified channel al- service from a station or system in the located for assignment in the Paging Public Mobile Services other than one and Radiotelephone Service. These are to which it is a subscriber. subject to the conditions that no inter- Rural Radiotelephone Service. A radio ference may be caused to existing co- service in which licensees are author- channel stations operated by other li- ized to offer and provide radio tele- censees within the paging geographic communication services for hire to area and that no interference may be subscribers in areas where it is not fea- caused to existing or proposed co-chan- sible to provide communication serv- nel stations of other licensees in ad- ices by wire or other means. joining paging geographic areas. Rural subscriber station. One or more Paging geographic areas. Standard ge- fixed transmitters in the Rural Radio- ographic areas used by the FCC for ad- telephone Service that receive service ministrative convenience in the licens- from central office transmitters. ing of stations to operate on channels Service area. The geographic area con- allocated for assignment in the Paging sidered by the FCC to be reliably and Radiotelephone Service. See served by a station in the Public Mo- § 22.503(b). bile Services. Paging and Radiotelephone Service. A Service contour. The locus of points radio service in which common carriers surrounding a transmitter where the are authorized to offer and provide pag- predicted median field strength of the ing and radiotelephone service for hire signal from that transmitter is the to the general public. This service was minimum field strength that is consid- formerly titled Public Land Mobile ered sufficient to provide reliable serv- Service. ice to mobile stations. Paging service. Transmission of coded Service to subscribers. Service to at radio signals for the purpose of acti- least one subscriber that is not affili- vating specific pagers; such trans- ated with, controlled by or related to missions may include messages and/or the providing carrier. sounds. Signal booster. A stationary device Partitioned cellular market. A cellular that automatically reradiates signals market with two or more authorized from base transmitters without chan- cellular systems on the same channel nel translation, for the purpose of im- block during the five year build-out pe- proving the reliability of existing serv- riod, as a result of settlements during ice by increasing the signal strength in initial licensing or contract(s) between dead spots. the licensee of the first cellular system Station. A station equipped to engage and the licensee(s) of the subsequent in radio communication or radio trans- systems. See § 22.947(b). mission of energy (47 U.S.C. 153(k)).

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Telecommunications common carrier. (b) State how a grant would serve the An individual, partnership, association, public interest, convenience, and ne- joint-stock company, trust or corpora- cessity; tion engaged in rendering radio tele- (c) Contain all information required communications services to the gen- by FCC rules or application forms; eral public for hire. (d) Propose operation of a facility in Temporary fixed station. One or more compliance with all rules governing fixed transmitters that normally do the Public Mobile service; not remain at any particular location (e) Be amended as necessary to re- for longer than 6 months. main substantially accurate and com- Universal licensing system. The Uni- plete in all significant respects, in ac- versal Licensing System (ULS) is the cordance with the provisions of § 1.65 of consolidated database, application fil- this chapter; and, ing system, and processing system for (f) Be signed in accordance with all Wireless Radio Services. ULS sup- § 1.743 of this chapter. ports electronic filing of all applications and related documents by appli- § 22.131 Procedures for mutually ex- cants and licensees in the Wireless clusive applications. Radio Services, and provides public ac- Two or more pending applications are cess to licensing information. mutually exclusive if the grant of one Unserved areas. With regard to a application would effectively preclude channel block allocated for assignment the grant of one or more of the others in the Cellular Radiotelephone Service: under Commission rules governing the Geographic area in the District of Co- Public Mobile Services involved. The lumbia, or any State, Territory or pos- Commission uses the general proce- session of the United States of America dures in this section for processing mu- that is not within the CGSA of any cel- tually exclusive applications in the lular system authorized to transmit on Public Mobile Services. Additional spe- that channel block. With regard to a cific procedures are prescribed in the channel allocated for assignment in the subparts of this part governing the in- Paging and Radiotelephone Service: dividual Public Mobile Services (see Geographic area within the District of §§ 22.509, 22.717, and 22.949) and in part 1 Columbia, or any State, Territory or of this chapter. possession of the United States of (a) Separate applications. Any appli- America that is not within the service cant that files an application knowing contour of any base transmitter in any that it will be mutually exclusive with station authorized to transmit on that one or more applications should not in- channel. clude in the mutually exclusive appli- [59 FR 59507, Nov. 17, 1994, as amended at 61 cation a request for other channels or FR 31050, June 19, 1996; 61 FR 54098, Oct. 17, facilities that would not, by them- 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603, selves, render the application mutually July 7, 1998; 63 FR 68943, Dec. 14, 1998; 67 FR exclusive with those other applica- 9609, Mar. 4, 2002; 70 FR 19307, Apr. 13, 2005] tions. Instead, the request for such other channels or facilities should be Subpart B—Licensing filed in a separate application. Requirements and Procedures (b) Filing groups. Pending mutually exclusive applications are processed in APPLICATIONS AND NOTIFICATIONS filing groups. Mutually exclusive applications in a filing group are given con- § 22.107 General application require- current consideration. The Commission ments. may dismiss as defective (pursuant to In general, applications for author- § 1.945 of this chapter) any mutually ex- izations, assignments of authoriza- clusive application(s) whose filing date tions, or consent to transfer of control is outside of the date range for inclu- of licensees in the Public Mobile Serv- sion in the filing group. The types of ices must: filing groups used in day-to-day appli- (a) Demonstrate the applicant’s cation processing are specified in para- qualifications to hold an authorization graph (c)(3) of this section. A filing in the Public Mobile services; group is one of the following types:

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(1) Renewal filing group. A renewal fil- tion for renewal of an authorization, a ing group comprises a timely-filed ap- renewal filing group is used. plication for renewal of an authoriza- (ii) If any mutually exclusive appli- tion and all timely-filed mutually ex- cation filed on the earliest filing date clusive competing applications (see is an application for modification and § 1.935 of this chapter). none of the mutually exclusive applica- (2) Same-day filing group. A same-day tions is a timely-filed application for filing group comprises all mutually ex- renewal, a same-day filing group is clusive applications whose filing date used. is the same day, which is normally the (iii) If all of the mutually exclusive filing date of the first-filed applica- applications filed on the earliest filing tion(s). date are applications for initial author- (3) Thirty-day notice and cut-off filing ization, a 30-day notice and cut-off fil- group. A 30-day notice and cut-off filing ing group is used, except that, for group comprises mutually exclusive Phase I unserved area applications in applications whose filing date is no the Cellular Radiotelephone Service, a later than thirty (30) days after the one-day window filing group is used date of the Public Notice listing the (see § 22.949). first-filed application(s) (according to (4) Disposition. If there is only one ap- the filing dates) as acceptable for fil- plication in any type of filing group, ing. the Commission may grant that appli- (4) Window filing group. A window fil- cation and dismiss without prejudice ing group comprises mutually exclu- any mutually exclusive applications sive applications whose filing date is not in the filing group. If there is more within an announced filing window. An than one mutually exclusive applica- announced filing window is a period of tion in a filing group, the Commission time between and including two spe- disposes of these applications as fol- cific dates, which are the first and last lows: dates on which applications (or amendments) for a particular purpose may be (i) Applications in a renewal filing accepted for filing. In the case of a one- group. All mutually exclusive applica- day window, the two dates are the tions in a renewal filing group are des- same. The dates are made known to the ignated for comparative consideration public in advance. in a hearing. (c) Procedures. Generally, the Com- (ii) Applications in a 30-day notice and mission may grant one application in a cut-off filing group. (A) If all of the mu- filing group of mutually exclusive ap- tually exclusive applications in a 30- plications and dismiss the other appli- day notice and cut-off filing group are cation(s) in the filing that are excluded applications for initial authorization, by that grant, pursuant to § 1.945 of this the FCC administers competitive bid- chapter. ding procedures in accordance with (1) Selection methods. In selecting the § 22.201 through § 22.227 and subpart Q of application to grant, the Commission part 1 of this chapter, as applicable. will use competitive bidding. After such procedures, the application (2) Dismissal of applications. The Com- of the successful bidder may be granted mission may dismiss any application in and the other applications may be dis- a filing group that is defective or oth- missed without prejudice. erwise subject to dismissal under § 1.945 (B) If any of the mutually exclusive of this chapter, either before or after applications in a 30-day notice and cut- employing selection procedures. off filing group is an application for (3) Type of filing group used. Except as modification, the Commission may at- otherwise provided in this part, the tempt to resolve the mutual exclu- type of filing group used in the proc- sivity by facilitating a settlement be- essing of two or more mutually exclu- tween the applicants. If a settlement is sive applications depends upon the pur- not reached within a reasonable time, pose(s) of the applications. the FCC may designate all applications (i) If one of the mutually exclusive in the filing group for comparative applications is a timely-filed applica- consideration in a hearing. In this

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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 (iii) 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- CGSA of a cellular system (as defined sivity by facilitating a settlement be- in § 22.911), except during the five-year tween the applicants. If a settlement is build-out period. not reached within a reasonable time, (v) Any ‘‘short-form’’ application the Commission may designate all ap- (filed on FCC Form 175) requesting a plications in the filing group for com- new paging geographic area authoriza- parative consideration in a hearing. In tion. this event, the result of the hearing [59 FR 59954, Nov. 21, 1994, as amended at 62 disposes of all of the applications in FR 11629, Mar. 12, 1997; 63 FR 68943, Dec. 14, the filing group. 1998] (iv) 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, except that an applicant found by the Commission to be in the whose application to operate a new cel- public interest; lular system was selected in a random (ii) The major amendment as re- selection process may begin construc- ceived is defective or otherwise found tion of that new cellular system 35 unacceptable for filing; or days after the date of the Public Notice (iii) The application being amended listing it as the tentative selectee. has been designated for hearing and the (b) Notification to stop. If the FCC for Commission or the presiding officer ac- any reason determines that construc- cepts the major amendment. tion should not be started or should be (2) An application for initial authoriza- stopped while an application is pend- tion is: ing, and so notifies the applicant, oral- (i) Any application requesting an au- ly (followed by written confirmation) thorization for a new system or sta- or in writing, the applicant must not tion; begin construction or, if construction (ii) Any application requesting au- has begun, must stop construction im- thorization for an existing station to mediately. operate on an additional channel, un- (c) Assumption of risk. Applicants that less the additional channel is for paired begin construction pursuant to this two-way radiotelephone operation, is section before receiving an authoriza- in the same frequency range as the ex- tion do so at their own risk and have isting channel(s), and will be oper- no recourse against the United States ationally integrated with the existing for any losses resulting from: channel(s) such as by trunking; (1) Applications that are not granted;

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(2) Errors or delays in issuing Public Rules requiring this procedure for spe- Notices; cific channels and types of stations are (3) Having to alter, relocate or dis- contained in the subparts governing mantle the facility; or the individual Public Mobile Services. (4) Incurring whatever costs may be (a) Coordination comprises two necessary to bring the facility into steps—notification and response. Each compliance with applicable laws, or step may be accomplished orally or in FCC rules and orders. writing. (d) Conditions. Except as indicated, (b) Notification must include rel- all pre-grant construction is subject to evant technical details of the proposal. the following conditions: At minimum, this should include the (1) The application is not mutually following: exclusive with any other application, (1) Geographical coordinates of the except for successful bidders and ten- antenna site(s). tative selectees in the Cellular Radio- (2) Transmitting and receiving chan- telephone Service; nels to be added or changed. (2) No petitions to deny the applica- (3) Transmitting power, emission tion have been filed; type and polarization. (3) The application does not include a (4) Transmitting antenna pattern and request for a waiver of one or more maximum gain. FCC rules; (5) Transmitting antenna height (4) For any construction or alter- above ground level. ation that would exceed the require- (c) Applicants and licensees receiving ments of § 17.7 of this chapter, the li- notification must respond promptly, censee has notified the appropriate Re- even if no channel usage conflicts are gional Office of the Federal Aviation anticipated. If any notified party fails Administration (FAA Form 7460–1), to respond within 30 days, the appli- filed a request for antenna height cant may file the application without a clearance and obstruction marking and response from that party. lighting specifications (FCC Form 854) (d) The 30-day period begins on the with the FCC at WTB, Spectrum Man- date the notification is submitted to agement Resources and Technologies the Commission via the ULS. If the no- Division, 1270 Fairfield Road, Gettys- tification is by mail, this date may be burg, PA 17325, or electronically via ascertained by: the FCC Antenna Structure Registra- (1) The return receipt on certified tion home page, wireless.fcc.gov/an- mail, tenna/. (2) The enclosure of a card to be (5) The applicant has indicated in the dated and returned by the party being application that the proposed facility notified, or would not have a significant environ- (3) A reasonable estimate of the time mental effect, in accordance with required for the mail to reach its des- §§ 1.1301 through 1.1319 of this chapter; tination. In this case, the date when and, the 30-day period will expire must be (6) Under applicable international stated in the notification. agreements and rules in this part, indi- (e) All channel usage conflicts dis- vidual coordination of the proposed covered during the coordination proc- channel assignment(s) with a foreign ess should be resolved prior to filing of administration is not required. the application. If the applicant is un- [59 FR 59507, Nov. 17, 1994, as amended at 70 able or unwilling to resolve a par- FR 19308, Apr. 13, 2005] 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

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should be made to minimize the num- tally encompassed by the composite ber of separate notifications. If the interfering contour of the existing sta- changes are incorporated into a com- tion (or stations under common control pletely revised notice, the items that of the applicant) on the same channel, 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) Additional transmitters in the 43 cation should make an effort to re- MHz frequency range operate under de- spond in less than 30 days. If the appli- velopmental authority, subject to the cant believes a shorter response time is conditions set forth in § 22.411. reasonable and appropriate, it should (3) The additional transmitters must so indicate in the notice and suggest a not operate on control channels in the response date. 72–76 MHz, 470–512 MHz, 928 MHz, 932 (h) If a subsequent change in the MHz, 941 MHz or 959 MHz frequency technical parameters of a proposed fa- ranges. cility could not affect the facilities of (e) Cellular radiotelephone service. Dur- one or more of the parties that re- ing the five-year build-out period, the ceived an initial notification, the ap- service area boundaries of the addi- plicant is not required to coordinate tional transmitters, as calculated by that change with these parties. How- the method set forth in § 22.911(a), must ever, these parties must be advised of remain within the market, except that the change and of the opinion that co- the service area boundaries may extend ordination is not required. beyond the market boundary into the [59 FR 59507, Nov. 17, 1994, as amended at 63 area that is part of the CGSA or is al- FR 68944, Dec. 14, 1998] ready encompassed by the service area boundaries of previously authorized fa- § 22.165 Additional transmitters for ex- cilities. After the five-year build-out isting systems. period, the service area boundaries of A licensee may operate additional the additional transmitters, as cal- transmitters at additional locations on culated by the method set forth in the same channel or channel block as § 22.911(a), must remain within the its existing system without obtaining CGSA. Licensees must notify the Com- prior Commission approval provided: mission (FCC Form 601) of any trans- (a) International coordination. The lo- mitters added under this section that cations and/or technical parameters of cause a change in the CGSA boundary. the additional transmitters are such The notification must include full size that individual coordination of the and reduced maps, and supporting engi- channel assignment(s) with a foreign neering, as described in § 22.953(a)(1) administration, under applicable inter- through (3). If the addition of transmit- national agreements and rules in this ters involves a contract service area part, is not required. boundary (SAB) extension (see § 22.912), (b) Antenna structure registration. Cer- the notification must include a state- tain antenna structures must be reg- ment as to whether the five-year build- istered with the Commission prior to out period for the system on the rel- construction or alteration. Registra- evant channel block in the market into tion requirements are contained in which the SAB extends has elapsed and part 17 of this chapter. whether the SAB extends into any (c) Environmental. The additional unserved area in the market. The noti- transmitters must not have a signifi- fication must be made electronically cant environmental effect as defined by via the ULS, or delivered to the filing §§ 1.1301 through 1.1319 of this chapter. place (see § 1.913 of this chapter) once (d) Paging and Radiotelephone Service. yearly during the five-year build-out The provisions in this paragraph apply on the anniversary of the license grant for stations in the Paging and Radio- date. telephone Service. (f) Air-ground Radiotelephone Service. (1) The interfering contours of the Ground stations may be added to Com- additional transmitter(s) must be to- mercial Aviation air-ground systems at

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previously established ground station censes are subject to competitive bid- locations, pursuant to § 22.859, subject ding. The general competitive bidding to compliance with the applicable tech- procedures set forth in part 1, subpart nical rules. This section does not apply Q of this chapter will apply unless oth- to General Aviation air-ground sta- erwise provided in this subpart and tions. part 90 of this chapter. (g) Rural Radiotelephone Service. A ‘‘service area’’ and ‘‘interfering con- [67 FR 45366, July 9, 2002] tours’’ must be determined using the §§ 22.203–22.211 [Reserved] same method as for stations in the Paging and Radiotelephone Service. § 22.213 Filing of long-form applica- The service area and interfering con- tions. tours so determined for the additional After an auction, the Commission transmitter(s) must be totally encom- will not accept long form applications passed by the similarly determined for paging geographic authorizations composite service area contour and from anyone other than the auction predicted interfering contour, respec- winners and parties seeking parti- tively, of the existing station on the tioned authorizations pursuant to same channel. This section does not agreements with auction winners under apply to Basic Exchange Telecommuni- § 22.221. cations Radio Systems. (h) Offshore Radiotelephone Service. [67 FR 45366, July 9, 2002] This section does not apply to stations in the Offshore Radiotelephone Serv- § 22.215 [Reserved] ice. (i) Provision of information upon re- § 22.217 Bidding credit for small busi- quest. Upon request by the FCC, licens- nesses. ees must supply administrative or A winning bidder that qualifies as a technical information concerning the small business, as defined in additional transmitters. At the time § 22.223(b)(1), or a consortium of small transmitters are added pursuant to businesses may use a bidding credit of this section, licensees must make a thirty-five (35) percent to lower the record of the pertinent technical and cost of its winning bid. A winning bid- administrative information so that der that qualifies as a small business, such information is readily available. as defined in § 22.223(b)(2), or consor- See § 22.303. tium of small businesses may use a bidding credit of twenty-five (25) percent [59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at 62 FR 11629, Mar. 12, to lower the cost of its winning bid. 1997; 63 FR 68944, Dec. 14, 1998; 64 FR 53240, [68 FR 42998, July 21, 2003] Oct. 1, 1999; 67 FR 77190, Dec. 17, 2002] § 22.221 Eligibility for partitioned li- § 22.169 International coordination of censes. channel assignments. If partitioned licenses are being ap- Channel assignments under this part plied for in conjunction with a li- are subject to the applicable provisions cense(s) to be awarded through com- and requirements of treaties and other petitive bidding procedures— international agreements between the (a) The applicable procedures for fil- United States government and the gov- ing short-form applications and for ernments of Canada and Mexico. submitting upfront payments and down COMPETITIVE BIDDING PROCEDURES payments contained in this chapter shall be followed by the applicant, who SOURCE: 62 FR 11629, Mar. 12, 1997, unless must disclose as part of its short-form otherwise noted. application all parties to agreement(s) with or among other entities to parti- § 22.201 Paging geographic area au- tion the license pursuant to this sec- thorizations are subject to competi- tion, if won at auction (see 47 CFR tive bidding. 1.2105(a)(2)(viii)); Mutually exclusive initial applica- (b) Each party to an agreement to tions for paging geographic area li- partition the authorization must file a

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long-form application (FCC Form 601) (b) Definition. The term small busi- for its respective, mutually agreed- ness used in this section is defined in upon geographic area together with the § 22.223. application for the remainder of the [67 FR 45367, July 9, 2002, as amended at 68 MEA or EA filed by the auction win- FR 42998, July 21, 2003] ner. (c) If the partitioned authorization is § 22.227 Petitions to deny and limita- being applied for as a partial assign- tions on settlements. ment of the MEA or EA authorization (a) Procedures regarding petitions to following grant of the initial author- deny long-form applications in the pag- ization, request for authorization for ing service will be governed by § 1.939 of partial assignment of an authorization this chapter. shall be made pursuant to § 1.948 of this (b) The consideration that an indi- part. vidual or an entity will be permitted to receive for agreeing to withdraw an ap- [59 FR 59507, Nov. 17, 1994, as amended at 64 plication or petition to deny will be FR 33781, June 24, 1999] limited by the provisions set forth in § 1.935 of this chapter. § 22.223 Designated entities. [67 FR 45367, July 9, 2002] (a) Scope. The definitions in this section apply to §§ 22.201 through 22.227, § 22.228 Cellular rural service area li- unless otherwise specified in those sec- censes subject to competitive bid- tions. ding. (b) A small business is an entity that Mutually exclusive initial applica- either: tions for Cellular Rural Service Area (1) Together with its affiliates and licenses are subject to competitive bid- controlling interests has average gross ding. The general competitive bidding revenues that are not more than $3 procedures set forth in part 1, subpart million for the preceding three years; Q of this chapter will apply unless oth- or erwise provided in this subpart. (2) Together with its affiliates and [67 FR 45367, July 9, 2002] controlling interests has average gross revenues that are not more than $15 § 22.229 Designated entities. million for the preceding three years. (a) Eligibility for small business provisions. (1) A very small business is an [68 FR 42998, July 21, 2003] entity that, together with its controlling interests and affiliates, has aver- § 22.225 Certifications, disclosures, age annual gross revenues not exceed- records maintenance, and definitions. ing $3 million for the preceding three years. (a) Records maintenance. All winning (2) A small business is an entity that, bidders qualifying as small businesses together with its controlling interests shall maintain at their principal place and affiliates, has average annual gross of business an updated file of owner- revenues not exceeding $15 million for ship, revenue, and asset information, the preceding three years. including any documents necessary to (3) An entrepreneur is an entity that, establish small businesses under together with its controlling interests § 22.223. Licensees (and their successors- and affiliates, has average annual gross in-interest) shall maintain such files revenues not exceeding $40 million for for the term of the license. Applicants the preceding three years. that do not obtain the license(s) for (b) Bidding credits. A winning bidder which they applied shall maintain such that qualifies as a very small business, files until the grant of such license(s) as defined in this section, or a consor- is final, or one year from the date of tium of very small businesses may use the bidding credit specified in the filing of their short-form applica- § 1.2110(f)(2)(i) of this chapter. A win- tion (FCC Form 175), whichever is ear- ning bidder that qualifies as a small lier. business, as defined in this section, or

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a consortium of small businesses may § 22.307 Operation during emergency. use the bidding credit specified in Licensees of stations in the Public § 1.2110(f)(2)(ii) of this chapter. A win- Mobile services may, during a period of ning bidder that qualifies as an entre- emergency in which normal commu- preneur, as defined in this section, or a nications facilities are disrupted as a consortium of entrepreneurs may use result of hurricane, flood, earthquake the bidding credit specified in or other natural disaster, civil unrest, § 1.2110(f)(2)(iii) of this chapter. widespread vandalism, national emer- [67 FR 11434, Mar. 14, 2002, as amended at 68 gencies or emergencies declared by Ex- FR 42998, July 21, 2003] ecutive Order of the President, use their stations to temporarily provide Subpart C—Operational and emergency communications services in Technical Requirements a manner or configuration not normally allowed by this part, provided OPERATIONAL REQUIREMENTS that such operations comply with the provisions of this section. § 22.301 Station inspection. (a) Technical limitations. Public Mo- Upon reasonable request, the licensee bile stations providing temporary of any station authorized in the Public emergency communications service Mobile Services must make the station must not transmit: and station records available for in- (1) On channels other than those au- spection by authorized representatives thorized for normal operations. of the Commission at any reasonable (2) With power in excess of that au- hour. thorized for normal operations; (3) Emission types other than those [59 FR 59955, Nov. 21, 1994] authorized for normal operations. (b) Discontinuance. Temporary emer- § 22.303 Retention of station authoriza- gency use of Public Mobile stations tions; identifying transmitters. must be discontinued as soon as nor- The current authorization for each mal communication facilities are re- station, together with current adminis- stored. The FCC may, at any time, trative and technical information con- order the discontinuance of any such cerning modifications to facilities pur- emergency communication services. suant to § 1.929 of this chapter, and added facilities pursuant to § 22.165 § 22.313 Station identification. must be retained as a permanent part The licensee of each station in the of the station records. A clearly legible Public Mobile Services must ensure photocopy of the authorization must be that the transmissions of that station available at each regularly attended are identified in accordance with the control point of the station, or in lieu requirements of this section. of this photocopy, licensees may in- (a) Station identification is not re- stead make available at each regularly quired for transmission by: attended control point the address or (1) Stations in the Cellular Radio- location where the licensee’s current telephone Service; authorization and other records may be (2) General aviation ground stations found. in the Air-ground Radiotelephone Serv- [70 FR 61058, Oct. 20, 2005] ice; (3) [Reserved] § 22.305 Operator and maintenance re- (4) Stations using Basic Exchange quirements. Telephone Radio Systems in the Rural FCC operator permits and licenses Radiotelephone Service; are not required to operate, repair or (5) [Reserved] maintain equipment authorized in the (6) Stations operating pursuant to Public Mobile Services. Station licens- paging geographic area authorizations. ees are responsible for the proper oper- (b) For all other stations in the Pub- ation and maintenance of their sta- lic Mobile Services, station identifica- tions, and for compliance with FCC tion must be transmitted each hour rules. within five minutes of the hour, or

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

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

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national origin in such aspects of em- ered by appropriate enforceable State ployment practices as regards recruit- law, to which penalties apply, may be ment, selection, training, placement, submitted by the FCC to the respective promotion, pay, working conditions, State agency. demotion, layoff and termination. Any (3) Complaints alleging employment licensee having 16 or more full-time discrimination against a common car- employees that changes its existing rier licensee who does not fall under equal employment opportunity pro- the jurisdiction of the EEOC or an ap- gram shall file with the FCC, no later propriate State law, are accorded ap- than May 31st thereafter, a revised propriate treatment by the FCC. statement reflecting the change(s). (4) The FCC will consult with the NOTE TO PARAGRAPH (b) OF § 22.321: Licens- EEOC on all matters relating to the ees having 16 or more full-time employees evaluation and determination of com- that were granted their first Public Mobile pliance by the common carrier licens- Services authorization prior to January 1, 1995, and do not have a current EEO state- ees with the principles of equal em- ment on file with the FCC, must file such ployment as set forth herein. statement, required by paragraph (b) of this (5) Complaints indicating a general section, no later than May 31, 1995. pattern of disregard of equal employ- (c) Report of complaints filed against li- ment practices which are received censees. Each licensee, regardless of against a licensee that is required to how many employees it has, shall sub- file an employment report to the FCC mit an annual report to the FCC no under § 1.815(a) of this chapter are in- later than May 31st of each year indi- vestigated by the FCC. cating whether any complaints regard- (e) FCC records. A copy of every an- ing violations by the licensee or equal nual employment report, equal em- employment provisions of Federal, ployment opportunity program state- State, Territorial, or local law have ment, reports on complaints regarding been filed before anybody having com- violation of equal employment provi- petent jurisdiction. sions of Federal, State, Territorial, or (1) The report should state the par- local law, and copies of all exhibits, ties involved, the date filing, the letters, and other documents filed as courts or agencies before which the part thereof, all amendments thereto, matters have been heard, the appro- all correspondence between the li- priate file number (if any), and the re- censee and the FCC pertaining to the spective disposition or current status reports after they have been filed and of any such complaints. all documents incorporated therein by (2) Any licensee who has filed such reference, are open for public inspec- information with the EEOC may file a tion at the offices of the FCC. notification of such filing with the FCC (f) Licensee records. Each licensee re- in lieu of a report. quired to file annual employment re- (d) Complaints of violations of Equal Employment Programs. Complaints al- ports (pursuant to § 1.815(a) of this leging employment discrimination chapter), equal employment oppor- against a common carrier licensee are tunity program statements, and annual considered by the FCC in the following reports on complaints regarding viola- manner: tions of equal employment provisions (1) If a complaint raising an issue of of Federal, State, Territorial, or local discrimination is received against a li- law shall maintain for public inspec- censee who is within the jurisdiction of tion a file containing a copy of each the EEOC, it is submitted to that agen- such report and copies of all exhibits, cy. The FCC maintains a liaison with letters, and other documents filed as that agency that keeps the FCC in- part thereto, all correspondence be- formed of the disposition of complaints tween the licensee and the FCC per- filed against common carrier licensees. taining to the reports after they have (2) Complaints alleging employment been filed and all documents incor- discrimination against a common car- porated therein by reference. The docu- rier licensee who does not fall under ments must be retained for a period of the jurisdiction of the EEOC but is cov- 2 years.

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

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(a) Except as provided in paragraph plainants on remedies for blanketing (c) of this section, licensees must re- interference. solve any cases of blanketing interference in their area of responsibility § 22.355 Frequency tolerance. caused by operation of their trans- Except as otherwise provided in this mitter(s) during a one-year period fol- part, the carrier frequency of each lowing commencement of service from transmitter in the Public Mobile Serv- new or modified transmitter(s). Inter- ices must be maintained within the tol- ference must be resolved promptly at erances given in Table C–1 of this sec- no cost to the complainant. tion. (b) The area of responsibility is that area in the immediate vicinity of the TABLE C–1—FREQUENCY TOLERANCE FOR transmitting antenna of stations where TRANSMITTERS IN THE PUBLIC MOBILE SERVICES the field strength of the electro- Mobile ≤3 Mobile magnetic radiation from such stations Frequency range Base, fixed watts ≤3 watts equals or exceeds 115 dBμV/m. To deter- (MHz) (ppm) (ppm) (ppm) mine the radial distance to the bound- 25 to 50 ...... 20.0 20.0 50.0 ary of this area, the following formula 50 to 450 ...... 5.0 5.0 50.0 must be used: 450 to 512 ...... 2.5 5.0 5.0 821 to 896 ...... 1.5 2.5 2.5 928 to 929 ...... 5.0 n/a n/a dp=×0. 394 929 to 960 ...... 1.5 n/a n/a 2110 to 2220 ..... 10.0 n/a n/a where d is the radial distance to the boundary, in kilometers p is the radial effective radiated power, in [61 FR 54099, Oct. 17, 1996] kilowatts § 22.357 Emission types. The maximum effective radiated power Any authorized station in the Public in the pertinent direction, without con- Mobile Services may transmit emis- sideration of the antenna’s vertical ra- sions of any type(s) that comply with diation pattern or height, must be used the applicable emission rule, i.e. in the formula. § 22.359, § 22.861 or § 22.917. (c) Licensees are not required to resolve blanketing interference to mobile [70 FR 19308, Apr. 13, 2005] receivers or non-RF devices or blanketing interference occurring as a re- § 22.359 Emission limitations. sult of malfunctioning or mistuned re- The rules in this section govern the ceivers, improperly installed consumer spectral characteristics of emissions in antenna systems, or the use of high the Public Mobile Services, except for gain antennas or antenna booster am- the Air-Ground Radiotelephone Service plifiers by consumers. (see § 22.861, instead) and the Cellular (d) Licensees that install transmit- Radiotelephone Service (see § 22.917, in- ting antennas at a location where there stead). are already one or more transmitting (a) Out of band emissions. The power antennas are responsible for resolving of any emission outside of the author- any new cases of blanketing inter- ized operating frequency ranges must ference in accordance with this section. be attenuated below the transmitting (e) Two or more licensees that con- power (P) by a factor of at least 43 + 10 currently install transmitting anten- log (P) dB. nas at the same location are jointly re- (b) Measurement procedure. Compli- sponsible for resolving blanketing in- ance with these rules is based on the terference cases, unless the FCC can use of measurement instrumentation readily determine which station is employing a resolution bandwidth of 30 causing the interference, in which case kHz or more. In the 60 kHz bands im- the licensee of that station is held fully mediately outside and adjacent to the responsible. authorized frequency range or channel, (f) After the one year period of re- a resolution bandwidth of at least one sponsibility to resolve blanketing in- percent of the emission bandwidth of terference, licensees must provide upon the fundamental emission of the trans- request technical information to com- mitter may be employed. A narrower

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resolution bandwidth is permitted in (a) Marking and lighting. Antenna all cases to improve measurement ac- structures must be marked, lighted and curacy provided the measured power is maintained in accordance with Part 17 integrated over the full required meas- of this chapter and all applicable rules urement bandwidth (i.e., 30 kHz or 1 and requirements of the Federal Avia- percent of emission bandwidth, as spection Administration. ified). The emission bandwidth is de- (b) Maintenance contracts. Antenna fined as the width of the signal be- structure owners (or licensees and per- tween two points, one below the carrier mittees, in the event of default by an center frequency and one above the antenna structure owner) may enter carrier center frequency, outside of into contracts with other entities to which all emissions are attenuated at monitor and carry out necessary main- least 26 dB below the transmitter tenance of antenna structures. An- power. tenna structure owners (or licensees (c) Alternative out of band emission and permittees, in the event of default limit. Licensees in the Public Mobile by an antenna structure owner) that Services may establish an alternative make such contractual arrangements out of band emission limit to be used continue to be responsible for the at specified frequencies (band edges) in maintenance of antenna structures in specified geographical areas, in lieu of regard to air navigation safety. that set forth in this section, pursuant [61 FR 4365, Feb. 6, 1996] to a private contractual arrangement of all affected licensees and applicants. § 22.371 Disturbance of AM broadcast In this event, each party to such con- station antenna patterns. tract shall maintain a copy of the con- Public Mobile Service licensees that tract in their station files and disclose construct or modify towers in the im- it to prospective assignees or trans- mediate vicinity of AM broadcast sta- ferees and, upon request, to the FCC. tions are responsible for measures nec- (d) Interference caused by out of band essary to correct disturbance of the emissions. If any emission from a trans- AM station antenna pattern which mitter operating in any of the Public causes operation outside of the radi- Mobile Services results in interference ation parameters specified by the FCC to users of another radio service, the for the AM station, if the disturbance FCC may require a greater attenuation occurred as a result of such construc- of that emission than specified in this tion or modification. section. (a) Non-directional AM stations. If tower construction or modification is [70 FR 19308, Apr. 13, 2005] planned within 1 kilometer (0.6 mile) of a non-directional AM broadcast station § 22.365 Antenna structures; air navi- tower, the Public Mobile Service ligation safety. censee must notify the licensee of the Licensees that own their antenna AM broadcast station in advance of the structures must not allow these an- planned construction or modification. tenna structures to become a hazard to Measurements must be made to deter- air navigation. In general, antenna mine whether the construction or structure owners are responsible for modification affected the AM station registering antenna structures with antenna pattern. The Public Mobile the FCC if required by part 17 of this Service licensee is responsible for the chapter, and for installing and main- installation and continued mainte- taining any required marking and nance of any detuning apparatus nec- lighting. However, in the event of de- essary to restore proper non-direc- fault of this responsibility by an an- tional performance of the AM station tenna structure owner, each FCC per- tower. mittee or licensee authorized to use an (b) Directional AM stations. If tower affected antenna structure will be held construction or modification is responsible by the FCC for ensuring planned within 3 kilometers (1.9 miles) that the antenna structure continues of a directional AM broadcast station to meet the requirements of part 17 of array, the Public Mobile Service li- this chapter. See § 17.6 of this chapter. censee must notify the licensee of the

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AM broadcast station in advance of the this subpart and other limitations, planned construction or modification. waivers and/or conditions that may be Measurements must be made to deter- prescribed. Authorizations granted on mine whether the construction or this basis are developmental authoriza- modification affected the AM station tions. In general, the FCC grants devel- antenna pattern. The Public Mobile opmental authorizations in situations Service licensee is responsible for the and circumstances where it cannot rea- installation and continued mainte- sonably be determined in advance nance of any detuning apparatus nec- whether a particular transmitter can essary to restore proper performance of be operated or a particular service can the AM station array. be provided without causing interference to the service of existing sta- § 22.377 Certification of transmitters. tions. For example, the FCC may grant Except as provided in paragraph (b) developmental authorizations for: of this section, transmitters used in (a) Field strength surveys to evaluate the Public Mobile Services, including the technical suitability of antenna lo- those used with signal boosters, in- cations for stations in the Public Mo- building radiation systems and cellular bile Services; repeaters, must be certificated for use (b) Experimentation leading to the in the radio services regulated under potential development of a new Public this part. Transmitters must be certifi- Mobile Service or technology; or, cated when the station is ready for (c) Stations transmitting on channels service, not necessarily at the time of in certain frequency ranges, to provide a trial period during which it can be in- filing an application. dividually determined whether such (a) The FCC may list as certificated stations can operate without causing only transmitters that are capable of excessive interference to existing serv- meeting all technical requirements of ices. the rules governing the service in which they will operate. The procedure [59 FR 59507, Nov. 17, 1994, as amended at 70 for obtaining certification is set forth FR 19309, Apr. 13, 2005] in part 2 of this chapter. (b) Transmitters operating under a § 22.403 General limitations. developmental authorization (see sub- The provisions and requirements of part D of this part) do not have to be this section are applicable to all devel- certificated. opmental authorizations. (a) Developmental authorizations are [59 FR 59507, Nov. 17, 1994, as amended at 61 granted subject to the condition that FR 31051, June 19, 1996; 63 FR 36603, July 7, 1998; 67 FR 77191, Dec. 17, 2002] they may be cancelled by the FCC at any time, upon notice to the licensee, § 22.383 In-building radiation systems. and without the opportunity for a hearing. Licensees may install and operate in- (b) Except as otherwise indicated in building radiation systems without ap- this subpart, developmental authoriza- plying for authorization or notifying tions normally terminate one year the FCC, provided that the locations of from the date of grant. The FCC may, the in-building radiation systems are however, specify a different term. within the protected service area of the (c) Stations operating under develop- licensee’s authorized transmitter(s) on mental authorizations must not inter- the same channel or channel block. fere with the services of regularly authorized stations. Subpart D—Developmental (d) A grant of a developmental au- Authorizations thorization does not provide any assur- ance that the FCC will grant an appli- § 22.401 Description and purposes of cation for regular authorization to op- developmental authorizations. erate the same transmitter(s), even if Eligible entities (see § 22.7) may apply operation during the developmental pe- for, and the FCC may grant, authority riod has not caused interference and/or to construct and operate one or more the developmental program is success- transmitters subject to the rules in ful.

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§ 22.409 Developmental authorization the services authorized by this part. for a new Public Mobile Service or The application must contain an ex- technology. hibit demonstrating the applicant’s The FCC may grant applications for technical qualifications to conduct the developmental authority to construct research and development program, in- and operate transmitters for the pur- cluding a description of the nature and pose of developing a new Public Mobile extent of engineering facilities that Service or a new technology not regu- the applicant has available for such larly authorized under this part, sub- purpose. Additionally, the FCC may, in ject to the requirements of this sec- its discretion, require a showing of fi- tion. Such applications may request nancial qualification. the use of any portion of the spectrum (d) Communication service for hire pro- allocated for Public Mobile Services in hibited. Stations authorized under de- the Table of Frequency Allocations velopmental authorizations granted contained in part 2 of this chapter, re- pursuant to this section must not be gardless of whether that spectrum is used to provide communication service regularly available under this part. Re- for hire, unless otherwise specifically quests to use any portion of the spec- authorized by the FCC. trum for a service or purpose other (e) Adherence to program. Carriers than that indicated in the Table of Fre- granted developmental authorization quency Allocations in part 2 of this pursuant to this section must substan- chapter may be made only in accord- tially adhere to the program of re- ance with the provisions of part 5 of search and development described in this chapter. their application for developmental au- (a) Preliminary determination. The thorization, unless the FCC directs FCC will make a preliminary deter- otherwise. mination with respect to the factors in (f) Report requirements. Upon comple- paragraphs (a)(1) through (a)(3) of this tion of the program of research and de- section before acting on an application velopment, or upon the expiration of for developmental authority pursuant the developmental authorization under to this section. These factors are: which such program was permitted, or (1) That the public interest, conven- at such times during the term of the ience or necessity warrants consider- station authorization as the FCC may ation of the establishment of the pro- deem necessary to evaluate the posed service or technology; progress of the developmental pro- (2) That the proposal appears to have gram, the licensee shall submit a com- potential value to the public that could prehensive report, containing: warrant the establishment of the new (1) A description of the progress of service or technology; the program and a detailed analysis of (3) That some operational data any result obtained; should be developed for consideration (2) Copies of any publications pro- in any rule making proceeding which duced by the program; may be initiated to establish such serv- (3) A listing of any patents applied ice or technology. for, including copies of any patents (b) Petition required. Applications for issued; developmental authorizations pursuant (4) Copies of any marketing surveys to this section must be accompanied by or other measures of potential public a petition for rule making requesting demand for the new service; the FCC to amend its rules as may be (5) A description of the carrier’s expe- necessary to provide for the establish- riences with operational aspects of the ment of the proposed service or tech- program including— nology. (i) The duration of transmissions on (c) Application requirements. Author- each channel or frequency range and izations for developmental authority the technical parameters of such trans- pursuant to this section will be issued missions; and, only upon a showing that the applicant (ii) Any interference complaints re- has a definite program of research and ceived as a result of operation and how development which has reasonable these complaints were investigated and promise of substantial contribution to resolved.

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(g) Confidentiality. Normally, applica- by the carrier in a satisfactory man- tions and developmental reports are a ner. Licensees that hold a develop- part of the FCC’s public records. How- mental authorization for a 72–76 MHz ever, an applicant or licensee may re- fixed station and wish to request a reg- quest that the FCC withhold from pub- ular authorization must file an applica- lic records specific exhibits, reports tion using FCC Form 601 via the ULS and other material associated with a prior to the expiration of the develop- developmental authorization. mental authorization. (h) Renewal. Expiring developmental (2) In the case of the assignment of or authorizations issued pursuant to this a transfer of control of a regular au- section may be renewed if the carrier— thorization of a 72–76 MHz fixed station (1) Shows that further progress in the in the Paging and Radiotelephone program of research and development Service, the FCC may grant such as- requires additional time to operate signment or consent to such transfer of under developmental authorization; control provided that the station has (2) Complied with the reporting re- been in continuous operation providing quirements of paragraph (f) of this sec- service with no substantial interrup- tion; and, tions. (3) Immediately resolved to the (3) If a proposed 72–76 MHz fixed FCC’s satisfaction all complaints of in- transmitter antenna is to be located terference caused by the station oper- within 50 meters (164 feet) of the an- ating under developmental authority. tenna of the full service TV station transmitting on TV Channel 4 or 5, the [59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996] FCC may grant a regular authorization instead of a developmental authoriza- § 22.413 Developmental authorization tion. of 72–76 MHz fixed transmitters. [59 FR 59507, Nov. 17, 1994, as amended at 59 Because of the potential for inter- FR 59954, Nov. 21, 1994; 63 FR 68944, Dec. 14, ference with the reception by broadcast 1998] television sets and video recorders of full service TV stations transmitting Subpart E—Paging and on TV Channels 4 and 5, 72–76 MHz Radiotelephone Service channels are assigned for use within 16 kilometers (10 miles) of the antenna of § 22.501 Scope. any full service TV station transmit- The rules in this subpart govern the ting on TV Channel 4 or 5 only under licensing and operation of public mo- developmental authorizations subject bile paging and radiotelephone sta- to the requirements of this section, ex- tions. The licensing and operation of cept as provided in paragraph (b) of these stations are also subject to rules this section. elsewhere in this part that apply gen- (a) Carrier responsibility. Carriers so erally to the Public Mobile Services. authorized shall operate the 72–76 MHz However, in case of conflict, the rules fixed station under developmental au- in this subpart govern. thority for a period of at least six months. During the developmental pe- § 22.503 Paging geographic area au- riod, carriers must resolve any broad- thorizations. cast television receiver interference The FCC considers applications for problems that may occur as a result of and issues paging geographic area au- operation of the 72–76 MHz trans- thorizations in the Paging and Radio- mitter(s). telephone Service in accordance with (b) Exceptions. The FCC may grant a the rules in this section. Each paging regular authorization in the Paging geographic area authorization contains and Radiotelephone Service for a 72–76 conditions requiring compliance with MHz fixed station under the following paragraphs (h) and (i) of this section. circumstances: (a) Channels. The FCC may issue a (1) After six months of operation paging geographic area authorization under developmental authorization, for any channel listed in § 22.531 of this and provided that broadcast TV inter- part or for any channel pair listed in ference complaints have been resolved § 22.561 of this part.

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

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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). (2) Specific international coordina- and nationwide geographic area licens- tion procedures are required, prior to ees have the right to share with non- assignment of a channel to the facility, exclusive licensees on the thirty-five pursuant to a treaty or other agree- exclusive 929 MHz channels on a non- ment between the United States gov- interfering basis. ernment and the government of Canada (j) Site location restriction. The trans- or Mexico. See § 22.169. mitting antenna of each facility con- (3) The paging geographic area li- structed and operated pursuant to a censee or another licensee of a system paging geographic area authorization within the paging geographic area ap- must be located within the paging geo- plies to assign its authorization or for graphic area specified in the authoriza- FCC consent to a transfer of control. tion. (h) Adjacent geographic area coordina- (k) Coverage requirements. Failure by tion required. Before constructing a fa- an MEA or EA licensee to meet either cility for which the interfering contour the coverage requirements in para- (as defined in § 22.537 or § 22.567 of this graphs (k)(1) and (k)(2) of this section, part, as appropriate for the channel in- or alternatively, the substantial serv- volved) would extend into another pag- ice requirement in paragraph (k)(3) of ing geographic area, a paging geo- this section, will result in automatic graphic area licensee must obtain the termination of authorizations for those consent of the relevant co-channel pag- facilities that were not authorized, ing geographic area licensee, if any, constructed, and operating at the time into whose area the interfering contour the geographic area authorization was would extend. Licensees are expected granted. MEA and EA licensees have to cooperate fully and in good faith at- the burden of showing when their fa- tempt to resolve potential interference cilities were authorized, constructed,

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

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included in a single system-wide au- service area or disaggregate their authorization request until the request is thorized spectrum at any time fol- approved. Renewal of the system-wide lowing grant of their geographic area authorization will be subject to § 1.949 authorizations. Nationwide geographic of this chapter. area licensees may apply to partition (d) Replacement of site-by-site author- their authorized geographic service izations with single authorization. After area or disaggregate their authorized a paging geographic area authorization spectrum at any time as of August 23, for a channel has been issued, the FCC 1999. may, on its own motion, replace the (a) Application required. Parties seek- authorization(s) of any other licensee ing approval for partitioning and/or (for facilities located within that pag- disaggregation shall apply for partial ing geographic area on that channel) assignment of a license pursuant to with a single replacement authoriza- § 1.948 of this chapter. tion. (b) Partitioning. In the case of parti- [62 FR 11634, Mar. 12, 1997, as amended at 63 tioning, requests for authorization for FR 68945, Dec. 14, 1998; 64 FR 33784, June 24, partial assignment of a license must 1999] include, as attachments, a description of the partitioned service area and a § 22.509 Procedures for mutually ex- calculation of the population of the clusive applications in the Paging partitioned service area and the au- and Radiotelephone Service. thorized geographic service area. The Mutually exclusive applications in partitioned service area shall be de- the Paging and Radiotelephone Serv- fined by 120 sets of geographic coordi- ice, including those that are mutually nates at points at every 3 degrees azi- exclusive with applications in the muth from a point within the parti- Rural Radiotelephone Service, are tioned service area along the parti- processed in accordance with § 22.131 tioned service area boundary unless ei- and with this section. ther an FCC-recognized service area is (a) Applications in the Paging and used (e.g., MEA or EA) or county lines Radiotelephone Service may be mutu- are followed. The geographical coordi- ally exclusive with applications in the nates must be specified in degrees, Rural Radiotelephone Service if they minutes, and seconds to the nearest seek authorization to operate facilities second latitude and longitude, and on the same channel in the same area, must be based upon the 1983 North or the technical proposals are other- American Datum (NAD83). In the case wise in conflict. See § 22.567. where FCC-recognized service areas or (b) A modification application in ei- county lines are used, applicants need ther service filed on the earliest filing only list the specific area(s) through date may cause all later-filed mutually use of FCC designations or county exclusive applications of any type in names that constitute the partitioned either service to be ‘‘cut off’’ (excluded area. from a same-day filing group) and dis- (c) Disaggregation. Spectrum may be missed, pursuant to § 22.131(c)(3)(ii) and disaggregated in any amount. § 22.131(c)(4). (d) Combined partitioning and [59 FR 59956, Nov. 21, 1994; as amended at 61 disaggregation. Licensees may apply for FR 54099, Oct. 17, 1996; 64 FR 33784, June 24, partial assignment of authorizations 1999] that propose combinations of partitioning and disaggregation. § 22.511 Construction period for the (e) License term. The license term for Paging and Radiotelephone Service. a partitioned license area and for The construction period for stations disaggregated spectrum shall be the re- in the Paging and Radiotelephone mainder of the original licensee’s li- Service is one year. cense term as provided for in § 1.955 of this chapter. § 22.513 Partitioning and (f) Coverage requirements for parti- disaggregation. tioning. (1) Parties to a partitioning MEA and EA licensees may apply to agreement must satisfy at least one of partition their authorized geographic the following requirements:

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

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requesting an extension of time to con- by the antenna when installed as pro- struct those facilities. posed. (b) Technical data. The following (i) The center frequency of the re- data, associated with FCC Form 601, quested channel, the transmitter clas- are required as indicated for each ap- sification (e.g. base, fixed mobile), the plication. Applications for a paging ge- designator for any non-standard emis- ographic area authorization must not sion type to be used, including band- contain Schedule B. Other type of ap- width and modulation type, and the plications may contain as many Sched- maximum effective radiated power. ule Bs as are necessary for the intended (ii) For each of the eight cardinal purpose. radials, the antenna height above the average elevation along the radial, and (1) For each transmitting antenna the effective radiated power of each site to be added, deleted or modified, transmitter in the direction of the ra- the following are required: an indica- dial. tion of the desired database action, the (iii) For each transmitter proposed to Commission location number, if any, transmit on a channel reserved for the street address or other description point-to-multipoint operation involv- of the transmitting antenna site, the ing transmission to four or more points city, county and state, the geographic of communications (i.e. base transmit- coordinates (latitude and longitude), ters), the following is required for each ± correct to 1 second, of the transmit- point of communication: an indication ting antenna site (NAD83), and in the of the desired database action, the lo- case of a proposed relocation of a cation (city or town, state), and the transmitting antenna, the Commission geographical coordinates (latitude and location number and geographic co- longitude, NAD 83). ± ordinates, correct to 1 second, of the (c) Upon request by an applicant, li- transmitting antenna site (NAD83) to censee, or the Commission, a part 22 which the geographic coordinates of applicant or licensee of whom the re- the current location are referenced. quest is made shall furnish the antenna (2) For each transmitting antenna type, model, and the name of the an- site to be added, deleted or modified, tenna manufacturer to the requesting the following supplementary informa- party within ten (10) days of receiving tion is required: An indication as to written notification. whether or not the transmitting antenna site is within 200 kilometers (124 [62 FR 11635, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998; 64 FR 53240, Oct. 1, miles) of the U.S.-Mexico border, and 1999] an indication as to whether or not the transmitting antenna site is North of PAGING OPERATION Line A or East of Line C. Line A and Line C are defined in § 2.1 of this chap- § 22.531 Channels for paging oper- ter. For each adjacent geographic area ation. within 200 kilometers (124 miles) of The following channels are allocated each transmitting antenna site to be for assignment to base transmitters added, deleted or modified, the geo- that provide paging service, either in- graphic area designator and name, and dividually or collectively under a pag- the shortest distance (in kilometers) to ing geographic area authorization. Un- the boundary of that geographic area. less otherwise indicated, all channels (3) The height (in meters) above aver- have a bandwidth of 20 kHz and are des- age terrain of the center of radiation of ignated by their center frequencies in the antenna, the beamwidth of the MegaHertz. main lobe of the horizontal radiation Low VHF Channels pattern of the electric field of the an- 35.20 35.46 43.20 43.46 tenna, the height (in meters) to the tip 35.22 35.50 43.22 43.50 of the antenna above ground level, a 35.24 35.54 43.24 43.54 polar plot of the horizontal gain pat- 35.26 35.56 43.26 43.56 35.30 35.58 43.30 43.58 tern of the antenna, the antenna gain 35.34 35.60 43.34 43.60 in the maximum lobe and the electric 35.38 35.62 43.38 43.62 field polarization of the wave emitted 35.42 35.66 43.42 43.66

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High VHF Channels shared use and equal access by licens- 152.24 152.84 158.10 158.70 ees in both countries: UHF Channels 931.4375 931.8875 931.9125 931.9375 931.0125 931.2625 931.5125 931.7625 (f) For the purpose of issuing paging 931.0375 931.2875 931.5375 931.7875 geographic authorizations, the paging 931.0625 931.3125 931.5625 931.8125 geographic areas used for UHF chan- 931.0875 931.3375 931.5875 931.8375 nels are the MEAs, and the paging geo- 931.1125 931.3625 931.6125 931.8625 931.1375 931.3875 931.6375 931.8875 graphic areas used for the low and high 931.1625 931.4125 931.6625 931.9125 VHF channels are the EAs (see 931.1875 931.4375 931.6875 931.9375 § 22.503(b)). 931.2125 931.4625 931.7125 931.9625 [59 FR 59507, Nov. 17, 1994, as amended at 59 931.2375 931.4875 931.7375 931.9875 FR 59954, Nov. 21, 1994; 62 FR 11635, Mar. 12, (a)–(b) [Reserved] 1997; 63 FR 68945, Dec. 14, 1998; 64 FR 33784, (c) Upon application using FCC Form June 24, 1999; 70 FR 19309, Apr. 13, 2005] 601, common carriers may be authorized to provide one-way paging service § 22.535 Effective radiated power limits. using the leased subcarrier facilities of broadcast stations licensed under part The effective radiated power (ERP) of 73 of this chapter. transmitters operating on the channels (d) Occasionally in case law and listed in § 22.531 must not exceed the other formal and informal documents, limits in this section. the low VHF channels have been re- (a) Maximum ERP. The ERP must not ferred to as ‘‘lowband’’ channels, and exceed the applicable limits in this the high VHF channels have been re- paragraph under any circumstances. ferred to as ‘‘guardband’’ channels. Maximum (e) Pursuant to the U.S.-Canada In- Frequency range (MHz) ERP (Watts) terim Coordination Considerations for 929–932 MHz, as amended, only the fol- 35–36 ...... 600 43–44 ...... 500 lowing UHF channels may be assigned 152–159 ...... 1400 in the continental United States North 931–932 ...... 3500 of Line A or in the State of Alaska East of Line C, within the indicated (b) Basic power limit. Except as pro- longitudes: vided in paragraph (d) of this section, (1) From longitude W.73° to longitude the ERP of transmitters on the VHF W.75° and from longitude W.78° to lon- channels must not exceed 500 Watts. gitude W.81°: (c) Height-power limit. Except as pro- 931.0125 931.1125 931.1875 931.2625 vided in paragraph (d) of this section, 931.0375 931.1375 931.2125 931.8625 the ERP of transmitters on the VHF 931.0625 931.1625 931.2375 channels must not exceed the amount (2) From longitude W.81° to longitude that would result in an average dis- W.85°: tance to the service contour of 32.2 kilometers (20 miles). The average dis- 931.0125 931.2125 931.3875 931.5875 931.0375 931.2375 931.4125 931.6125 tance to the service contour is cal- 931.0625 931.2625 931.4625 931.6375 culated by taking the arithmetic mean 931.1125 931.2875 931.4875 931.8625 of the distances determined using the 931.1375 931.3125 931.5125 procedures specified in § 22.537 for the 931.1625 931.3375 931.5375 eight cardinal radial directions, ex- 931.1875 931.3625 931.5625 cluding cardinal radial directions for (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. 59

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For the purpose of this paragraph, op- terference that may result from oper- erating transmitters are authorized ation of the protected co-channel transmitters that are providing service transmitter; and, to subscribers. (3) The area and/or population to (e) Adjacent channel protection. The which service would be provided by the ERP of transmitters must not exceed proposed transmitter is substantial, 500 Watts if they: and service gained would exceed that (1) Transmit on a channel in the 152– lost as a result of agreements to accept 159 MHz frequency range and are lo- interference. cated less than 5 kilometers (3.1 miles) (b) Protected transmitter. For the pur- from any station licensed in the Pri- poses of this section, protected trans- vate Radio Services that receives on an mitters are authorized transmitters for adjacent channel; or, which there is a current FCC public (2) Transmit on channel 158.10 or record and transmitters proposed in 158.70 MHz and are located less than 5 prior-filed pending applications. kilometers (3.1 miles) from any station (c) VHF service contour. For paging licensed in the Public Mobile Services stations transmitting on the VHF that receives on either of the following channels, the distance from the trans- adjacent channels: 158.07 MHz or 158.67 mitting antenna to the service contour MHz. along each cardinal radial is calculated (f) Signal boosters. The effective radi- as follows: ated power of signal boosters must not exceed 5 watts ERP under any normal d=1.243×h0.40×p0.20 operating condition. where d is the radial distance in kilometers [59 FR 59507, Nov. 17, 1994, as amended at 61 h is the radial antenna HAAT in meters FR 31051, June 19, 1996] p is the radial ERP in Watts (1) Whenever the actual HAAT is less § 22.537 Technical channel assignment than 30 meters (98 feet), 30 must be criteria. used as the value for h in the above for- The rules in this section establish mula. technical assignment criteria for the (2) The value used for p in the above channels listed in § 22.531. These cri- formula must not be less than 27 dB teria permit channel assignments to be less than the maximum ERP in any di- made in a manner such that reception rection or 0.1 Watt, whichever is more. by public paging receivers of signals (3) The distance from the transmit- from base transmitters, within the ting antenna to the service contour service area of such base transmitters, along any radial other than the eight is protected from interference caused cardinal radials is routinely calculated by the operation of independent co- by linear interpolation of distance as a channel base transmitters. function of angle. However, in resolv- (a) Contour overlap. The FCC may ing petitions to deny, the FCC may cal- grant an application requesting assign- culate the distance to the service con- ment of a channel to a proposed base tour using the formula in paragraph (c) transmitter only if: of this section with actual HAAT and (1) The interfering contour of the ERP data for the inter-station radial proposed transmitter does not overlap and additional radials above and below the service contour of any protected the inter-station radial at 2.5° inter- co-channel transmitter controlled by a vals. carrier other than the applicant, unless (d) VHF interfering contour. For pag- that carrier has agreed in writing to ing stations transmitting on the VHF accept any interference that may re- channels, the distance from the trans- sult from operation of the proposed mitting antenna to the interfering con- transmitter; and, tour along each cardinal radial is cal- (2) The service contour of the pro- culated as follows: posed transmitter does not overlap the interfering contour of any protected d=6.509×h0.28×p0.17 co-channel transmitter controlled by a where d is the radial distance in kilometers carrier other than the applicant, unless h is the radial antenna HAAT in meters the applicant agrees to accept any in- p is the radial ERP in Watts

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(1) Whenever the actual HAAT is less tions to deny, however, the FCC may than 30 meters (98 feet), 30 must be calculate the distance to the inter- used as the value for h in the above for- fering contour using the formula in mula. 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) 931 MHz service contour. For pag- ting antenna to the interfering contour ing stations transmitting on the 931 along any radial other than the eight MHz channels, the service contour is a cardinal radials is routinely calculated circle, centered on the transmitting by linear interpolation of distance as a antenna, with a radius determined function of angle. In resolving peti- from Table E–1 of this section.

TABLE E—1–931 MHZ PAGING SERVICE RADII

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

0–177 ...... 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) (0–581) 178–305 ...... 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) (582–1001) 306–427 ...... 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) (1002–1401) 428–610 ...... 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) 56.3 (35) (1402–2001) 611–861 ...... 37.0 (23) 41.8 (26) 41.8 (26) 56.3 (35) 83.7 (52) 83.7 (52) (2002–2825) 862–1219 ...... 41.8 (26) 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) (2826–3999) 1220+ ...... 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) 83.7 (52) (4000+)

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

TABLE E—2–931 MHZ PAGING INTERFERING RADII

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

0–177 ...... 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) (0–581) 178–305 ...... 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) (582–1001) 306–427 ...... 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) (1002–1401) 428–610 ...... 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) 130.4 (81) (1402–2001) 611–861 ...... 88.5 (55) 96.6 (60) 96.6 (60) 130.4 (81) 191.5 (119) 191.5 (119) (2002–2825) 862–1219 ...... 96.6 (60) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) (2826–3999) 1220+ (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 building radiation systems are not pro- locations of in-building radiation sys- tected facilities, and therefore do not tems must be within the service con- have service or interfering contours. tour(s) of the licensee’s authorized (h) Signal boosters on 931 MHz chan- transmitter(s) on the same channel. In- nels. For the purpose of compliance

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with § 22.165 and notwithstanding para- by the applicant is required for appli- graphs (e) and (f) of this section, signal cations to operate a transmitter with boosters operating on the 931 MHz ERP exceeding the basic power and channels with an antenna HAAT not height-power limits of § 22.535. For VHF exceeding 30 meters (98 feet) are transmitters, this encompassment ex- deemed to have as a service contour a hibit may substitute for the inter- circle with a radius of 1.0 kilometer (0.6 ference exhibit required in paragraph mile) and as an interfering contour a (a) of this section. circle with a radius of 10 kilometers [59 FR 59507, Nov. 17, 1994, as amended at 62 (6.2 miles). FR 11636, Mar. 12, 1997] [59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996] ONE-WAY OR TWO-WAY MOBILE OPERATION § 22.559 Paging application requirements. § 22.561 Channels for one-way or two- way mobile operation. In addition to information required by subparts B and D and § 22.529, appli- The following channels are allocated cations for authorization to operate a for paired assignment to transmitters paging transmitter on the channels that provide (or support other trans- listed in § 22.531, other than applica- mitters that provide) one-way or two- tions for a paging geographic area au- way public land mobile service, either thorization, must contain the applica- individually or collectively under a ble supplementary information de- paging geographic area authorization. scribed in this section. The paging geographic areas used for (a) Interference exhibit. Except as pro- these channels are the EAs (see vided in paragraph (b) of this section, § 22.503(b)(3)). These channels may be an exhibit demonstrating compliance assigned for use by mobile or base with § 22.537 with regard to protected transmitters as indicated, and or by transmitters is required for applica- fixed transmitters (including control, tions to operate a transmitter on the repeater or other fixed transmitters). VHF channels. This exhibit must: The mobile channels may also be as- (1) Identify each protected trans- signed for use by base or fixed transmitter located within 109 kilometers mitters under certain circumstances (68 miles) of the proposed transmitter (see § 22.567(h)). Unless otherwise indi- in directions in which the distance to cated, all channels have a bandwidth of the interfering contour is 76.5 kilo- 20 kHz and are designated by their cen- meters (47.5 miles) or less, and within ter frequencies in MegaHertz. 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 calculations indicating that there 152.12 ...... 158.58 152.66 ...... 157.92 would be no overlap of service and 152.15 ...... 158.61 152.69 ...... 157.95 152.18 ...... 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 (b) Encompassment exhibit. An exhibit 454.050 ...... 459.050 454.375 ...... 459.375 showing that the area within the inter- 454.075 ...... 459.075 454.400 ...... 459.400 454.100 ...... 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

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Base Mobile Base Mobile thorized transmitters that are providing service to subscribers. 454.225 ...... 459.225 454.550 ...... 459.550 (e) Adjacent channel protection. The 454.250 ...... 459.250 454.575 ...... 459.575 ERP of base and fixed transmitters 454.275 ...... 459.275 454.600 ...... 459.600 must not exceed 500 Watts if they 454.300 ...... 459.300 454.625 ...... 459.625 transmit on channel 454.025 MHz and 454.325 ...... 459.325 454.650 ...... 459.650 are located less than 7 kilometers (4.3 miles) from any Private Radio Services [59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, station receiving on adjacent channel 1995, as amended at 62 FR 11636, Mar. 12, 1997] 454.0000 MHz. (f) Mobile transmitters. The trans- § 22.565 Transmitting power limits. mitter output power of mobile transmitters must not exceed 60 watts. The transmitting power of base, mobile and fixed transmitters operating [59 FR 59507, Nov. 17, 1994, as amended at 70 on the channels listed in § 22.561 must FR 19309, Apr. 13, 2005] not exceed the limits in this section. § 22.567 Technical channel assignment (a) Maximum ERP. The effective radi- criteria. ated power (ERP) of base and fixed transmitters must not exceed the ap- The rules in this section establish plicable limits in this paragraph under technical assignment criteria for the any circumstances. channels listed in § 22.561. The criteria in paragraphs (a) through (f) of this Frequency range (MHz) Maximum section permit channel assignments to ERP (watts) be made in a manner such that recep- 152–153 ...... 1400 tion by public mobile receivers of sig- 157–159 ...... 150 nals from base transmitters, within the 454–455 ...... 3500 service area of such base transmitters, 459–460 ...... 150 is protected from interference caused by the operation of independent co- (b) Basic power limit. Except as pro- channel base and fixed transmitters in vided in paragraph (d) of this section, the Paging and Radiotelephone Service the ERP of base transmitters must not and central office stations, including exceed 500 Watts. Basic Exchange Telephone Radio Sys- (c) Height-power limits. Except as pro- tems (BETRS), in the Rural Radio- vided in paragraph (d) of this section, telephone Service. Additional criteria the ERP of base transmitters must not in paragraph (g) of this section permit exceed the amount that would result in channel assignments to be made in a an average distance to the service con- manner such that BETRS communica- tour of 41.6 kilometers (26 miles) for tions are protected from interference VHF channels or 30.7 kilometers (19 caused by the operation of independent miles) for UHF channels. The average co-channel base and fixed transmitters 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 en- ters 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,

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fixed or central office station trans- by linear interpolation of distance as a mitter only if: function of angle. However, in resolv- (1) The interfering contour of the ing petitions to deny, the FCC may cal- proposed transmitter does not overlap culate the distance to the service con- the service contour of any protected tour using the formula in paragraph (c) co-channel transmitter controlled by a of this section with actual HAAT and carrier other than the applicant, unless ERP data for the inter-station radial that carrier has agreed in writing to and additional radials above and below accept any interference that may re- the inter-station radial at 2.5° inter- sult from operation of the proposed vals. transmitter; and (d) VHF interfering contour. For base (2) The service contour of the pro- and fixed stations transmitting on the posed transmitter does not overlap the VHF channels, the radial distance from interfering contour of any protected the transmitting antenna to the inter- co-channel transmitter controlled by a fering contour along each cardinal ra- carrier other than the applicant, unless dial is calculated as follows: the application contains a statement (1) If the radial antenna HAAT is less that the applicant agrees to accept any than 150 meters: interference that may result from oper- × 0.24× 0.19 ation of the protected co-channel d=8.577 h p transmitter; and where: (3) The area and/or population to d is the radial distance in kilometers which service would be provided by the h is the radial antenna HAAT in meters proposed transmitter is substantial, p is the radial ERP in Watts and service gained would exceed that Whenever the actual HAAT is less lost as a result of agreements to accept than 30 meters (98 feet), 30 must be interference. used as the value for h in the above for- (b) Protected transmitter. For the pur- mula. poses of this section, protected trans- (2) If the radial antenna HAAT is 150 mitters are authorized transmitters for meters or more: which there is a current FCC public record and transmitters proposed in d=12.306×h0.23×p0.14 prior-filed pending applications, in the where: Paging and Radiotelephone Service and the Rural Radiotelephone Service. d is the radial distance in kilometers (c) VHF service contour. For base sta- h is the radial antenna HAAT in meters tions transmitting on the VHF chan- p is the radial ERP in Watts nels, the radial distance from the (3) The value used for p in the above transmitting antenna to the service formulas must not be less than 27 dB contour along each cardinal radial is less than the maximum ERP in any di- calculated as follows: rection, or 0.1 Watt, whichever is more. 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

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contour along each cardinal radial is less than the maximum ERP in any di- calculated as follows: rection, or 0.1 Watt, whichever is more. d=1.726×h0.35×p0.18 (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 (f) 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- (g) Protection for BETRS. In applying ting antenna to the service contour the provisions of paragraph (a) of this along any radial other than the eight section, if either or both of the trans- cardinal radials is routinely calculated mitters involved is a BETRS central by linear interpolation of distance as a office station, the following contour function of angle. However, in resolv- substitutions must be used: ing petitions to deny, the FCC may cal- (1) The service contour of the BETRS culate the distance to the service con- central office station(s) is a circle, cen- tour using the formula in paragraph (e) tered on the central office station an- of this section with actual HAAT and tenna, with a radius of 40 kilometers ERP data for the inter-station radial (25 miles). and addition radials above and below (2) The interfering contour of any the below the inter-station radial at station of any type, when determining 2.5° intervals. whether it would overlap the service (f) UHF interfering contour. For base contour of a BETRS central office sta- and fixed stations transmitting on the tion, is calculated as follows: UHF channels, the radial distance from d=36.364×h0.2× p0.1 the transmitting antenna to the interfering contour along each cardinal ra- where: dial is calculated as follows: d is the radial distance in kilometers (1) If the radial antenna HAAT is less h is the radial antenna HAAT in meters than 150 meters: p is the radial ERP in Watts d=9.471×h0.23×p0.15 Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be where: used as the value for h in the above for- d is the radial distance in kilometers mula. The value used for p in the above h is the radial antenna HAAT in meters formula must not be less than 27 dB p is the radial ERP in Watts less than the maximum ERP in any di- Whenever the actual HAAT is less rection, or 0.1 Watt, whichever is more. than 30 meters (98 feet), 30 must be (h) Assignment of mobile channels to used as the value for h in the above for- base or fixed transmitters. Mobile chan- mula. nels may be assigned to base or fixed (2) If the radial antenna HAAT is 150 transmitters if the following criteria meters or more: are met: d=6.336×h0.31×p0.15 (1) The paired base channel, as designated in § 22.561, is assigned to base where: transmitters in the same geographical d is the radial distance in kilometers area operated by the same licensee. h is the radial antenna HAAT in meters (2) The authorization is granted sub- p is the radial ERP in Watts ject to the condition that no inter- (3) The value used for p in the above ference be caused to fixed receivers in formula must not be less than 27 dB use on or prior to the date of the grant.

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§ 22.571 Responsibility for mobile sta- contour of the licensee’s authorized tions. station on the paired base channel. Mobile stations that are subscribers § 22.579 Operation of mobile transmit- in good standing to a two-way service ters across U.S.-Canada border. in the Paging and Radiotelephone Service, when receiving service from Mobile stations licensed by Canada that station, are considered to be oper- may receive two-way service while in ating under the authorization of that the United States from stations li- station. Licensees are responsible for censed under this part, after authoriza- exercising effective operational control tion has been granted by the FCC. Mo- over mobile stations receiving service bile stations that normally operate through their stations. Mobile stations under the authority of base stations li- that are subscribers in good standing censed under this part may receive to a two-way service in the Paging and two-way service while in Canada from Radiotelephone Service, while receiv- stations licensed under this part or by ing service from a different station, are Canada, upon authorization by Canada. considered to be operating under the authorization of such different station. § 22.589 One-way or two-way applica- The licensee of such different station is tion requirements. responsible, during such temporary pe- In addition to information required riod, for exercising effective oper- by subparts B and D and § 22.529, appli- ational control over such mobile sta- cations for authorization to operate a tions as if they were subscribers to it. paging transmitter on the channels listed in § 22.531, other than applica- § 22.573 Use of base transmitters as re- tions for a paging geographic area au- peaters. thorization, must contain the applica- As an additional function, base trans- ble supplementary information de- mitters may be used as repeaters. Li- scribed in this section. censees must be able to turn the base (a) Interference exhibit. Except as pro- transmitter on or off from the control vided in paragraph (b) of this section, point regardless of whether a sub- an exhibit demonstrating compliance scriber-operated transmitter is trans- with § 22.567 with regard to protected mitting. transmitters is required. This exhibit must: § 22.575 Use of mobile channel for re- (1) For UHF channels, identify each mote control of station functions. protected transmitter located within Carriers may remotely control sta- 108 kilometers (67 miles) of the pro- tion functions (e.g. shut down or reac- posed transmitter in directions in tivate base transmitters, turn aviation which the distance to the interfering obstruction warning lights on or off, contour is 76.4 kilometers (47.5 miles) etc.) using a control transmitter oper- or less, and within 178 kilometers (111 ating on a mobile channel, subject to miles) of the proposed transmitter in 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

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interfering contour exceeds 93.3 kilo- 72.14 72.54 72.92 75.78 meters (58 miles). 72.16 72.58 72.94 75.80 (3) For each protected transmitter 72.18 72.62 72.96 75.82 identified, show the results of distance 72.20 72.64 72.98 75.84 calculations indicating that there 72.22 72.66 75.42 75.86 72.24 72.68 75.46 75.88 would be no overlap of service and 72.26 72.70 75.50 75.90 interfering contours, or alternatively, 72.28 72.72 75.54 75.92 indicate that the licensee of or appli- 72.30 72.74 75.58 75.94 cant for the protected transmitter and/ 72.32 72.76 75.62 75.96 or the applicant, as required, have 72.34 72.78 75.64 75.98 agreed in writing to accept any inter- UHF Channels—State of Hawaii ference resulting from operation of the 488.250 .... 491.250 489.750 .... 492.750 proposed transmitter. 488.750 .... 491.750 490.250 .... 493.250 (b) Encompassment exhibit. An exhibit 489.250 .... 492.250 490.750 .... 493.750 showing that the area within the inter- (a) The 72–76 MHz channels may be fering contour of the proposed trans- assigned under developmental author- mitter would be totally encompassed ity pursuant to the requirements of by interfering contours of operating co- § 22.413. The 72–76 MHz channels may channel base transmitters controlled also be used in point-to-multipoint by the applicant is required for appli- configurations. The 72–76 MHz channels cations to operate a transmitter with are also allocated for assignment in the ERP exceeding the basic power and Private Radio Services (see part 90 of height-power limits of § 22.565. This en- this chapter). compassment exhibit may substitute (b) [Reserved] for the interference exhibit required in (c) Channels in the frequency ranges paragraph (a) of this section. 488.250–490.750 and 491.250–493.750 MHz [59 FR 59507, Nov. 17, 1994, as amended at 62 may be assigned only to inter-island FR 11636, Mar. 12, 1997] fixed stations located in the State of Hawaii. POINT-TO-POINT OPERATION [59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, § 22.591 Channels for point-to-point 1995, as amended at 70 FR 19309, Apr. 13, 2005] operation. § 22.593 Effective radiated power lim- The following channels are allocated its. for assignment to fixed transmitters that support other transmitters that The effective radiated power of fixed provide public mobile service. Unless stations operating on the channels list- otherwise indicated, all channels have ed in § 22.591 must not exceed 150 Watts. a bandwidth of 20 kHz and are des- The equivalent isotropically radiated ignated by their center frequencies in power of existing fixed microwave sta- MegaHertz. tions (2110–2130 and 2160–2180 MHz) licensed under this part (pursuant to VHF Channels former rules) must not exceed the ap- 72.02 72.36 72.80 75.66 72.04 72.38 72.82 75.68 plicable limits set forth in § 101.113 of 72.06 72.40 72.84 75.70 this chapter. 72.08 72.42 72.86 75.72 [70 FR 19309, Apr. 13, 2005] 72.10 72.46 72.88 75.74 72.12 72.50 72.90 75.76 § 22.599 Assignment of 72–76 MHz 72.14 72.54 72.92 75.78 channels. 72.16 72.58 72.94 75.80 72.18 72.62 72.96 75.82 Because of the potential for inter- 72.20 72.64 72.98 75.84 ference to the reception of TV Chan- 72.22 72.66 75.42 75.86 nels 4 and 5 by broadcast television 72.24 72.68 75.46 75.88 sets and video recorders, assignments 72.26 72.70 75.50 75.90 72.28 72.72 75.54 75.92 of the 72–76 MHz channels are subject 72.30 72.74 75.58 75.94 to the following conditions: 72.32 72.76 75.62 75.96 (a) Assignments of 72–76 MHz chan- 72.34 72.78 75.64 75.98 nels for use within 129 kilometers (80 72.10 72.46 72.88 75.74 miles) of a full service TV station 72.12 72.50 72.90 75.76 transmitting on TV Channel 4 or 5 are 67

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subject to the condition that the li- cant must identify in the application censee must eliminate any interference all parties with which the technical caused to television reception on TV proposal was coordinated. In the event Channels 4 and 5. If the FCC notifies that technical problems are not re- the licensee of an interference problem solved or if an affected party does not and the licensee does not resolve the respond to coordination efforts within problem within 90 days of such notifi- 30 days after notification, an expla- cation, operation of the interfering 72– nation must be contained in the appli- 76 MHz fixed station must be imme- cation. Where technical conflicts are diately discontinued. resolved by an agreement between the (b) 72–76 MHz channels may be as- parties that requires special procedures signed for use within 16 kilometers (10 to reduce the likelihood of harmful in- miles) of a full service TV station terference (such as the use of artificial transmitting on TV Channel 4 or 5 site shielding), or would result in a re- under a developmental authorization, duction of quality or capacity of either pursuant to § 22.413. However, for use system, the details thereof must be within 50 meters (164 feet) of a TV sta- contained in the application. tion transmitting on TV Channel 4 or 5, (c) Bandwidth. Applicants must re- 72–76 MHZ channels may be assigned quest the minimum emission band- under a regular authorization, rather width necessary. The FCC does not au- than a developmental authorization. thorize bandwidths larger than 800 kHz under this part. § 22.601 Existing microwave stations licensed under this part. [59 FR 59507, Nov. 17, 1994, as amended at 70 Existing microwave stations (2110– FR 19309, Apr. 13, 2005] 2130 and 2160–2180 MHz) licensed under § 22.602 Transition of the 2110–2130 this part (pursuant to former rules) are and 2160–2180 MHz channels to subject to the transition rules in emerging technologies. § 22.602. No new microwave systems will be authorized under this part. The 2110–2130 and 2160–2180 MHz (a) Coordination required. Before filing microwave channels formerly listed in applications for authority to modify § 22.591 have been re-allocated for use existing stations on these channels or by emerging technologies (ET) serv- major amendments to such applica- ices. No new systems will be authorized tions, carriers must coordinate the under this part. The rules in this sec- planned channel usage, using the pro- tion provide for a transition period cedure outlined in § 22.150, with affected during which existing Paging and Ra- parties in this radio service and the diotelephone Service (PARS) licensees Point-to-Point Microwave Service and using these channels may relocate op- the Multipoint Distribution Service. erations to other media or to other Affected parties are licensees and other fixed channels, including those in other applicants with previously filed pend- microwave bands. For PARS licensees ing applications whose stations could relocating operations to other micro- affect or be affected by the proposed wave bands, authorization must be ob- modification of the existing station in tained under part 101 of this chapter. terms of interference. (a) Licensees proposing to implement (b) System parameters. In designing a ET services may negotiate with PARS system modification, the applicant licensees authorized to use these chan- must select sites, equipment and channels, for the purpose of agreeing to nels that will avoid harmful inter- terms under which the PARS licensees ference to other users. All parties must would— cooperate fully and make reasonable (1) Relocate their operations to other efforts to resolve technical problems fixed microwave bands or other media, and conflicts that may inhibit the or alternatively, most effective and efficient use of the (2) Accept a sharing arrangement radio spectrum; however, a party re- with the ET licensee that may result in ceiving notification is not obligated to an otherwise impermissible level of in- suggest changes or re-design a proposal terference to the PARS operations. in cases involving conflicts. The appli- (b) [Reserved]

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(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: (d) The mandatory negotiation period (1) The ET applicant, provider, li- is triggered at the option of the ET licensee or representative guarantees censee. Once mandatory negotiations payment of relocation costs, including have begun, a PARS licensee may not all engineering, equipment, site and refuse to negotiate and all parties are FCC fees, as well as any legitimate and required to negotiate in good faith. prudent transaction expenses incurred Good faith requires each party to pro- by the PARS licensee that are directly vide information to the other that is attributable to an involuntary reloca- reasonably necessary to facilitate the tion, subject to a cap of two percent of relocation process. In evaluating the hard costs involved. Hard costs are claims that a party has not negotiated defined as the actual costs associated in good faith, the FCC will consider, with providing a replacement system, inter alia, the following factors: such as equipment and engineering ex- (1) Whether the ET licensee has made penses. ET licensees are not required to a bona fide offer to relocate the PARS pay PARS licensees for internal re- licensee to comparable facilities in ac- sources devoted to the relocation proc- cordance with Section 101.75(b) of this ess. ET licensees are not required to chapter; pay for transaction costs incurred by (2) If the PARS licensee has de- PARS licensees during the voluntary manded a premium, the type of pre- or mandatory periods once the involun- mium requested (e.g., whether the pre- tary period is initiated or for fees that mium is directly related to relocation, cannot be legitimately tied to the pro- such as system-wide relocations and vision of comparable facilities; analog-to-digital conversions, versus (2) The ET applicant, provider, li- other types of premiums), and whether censee or representative completes all the value of the premium as compared activities necessary for implementing to the cost of providing comparable fa- the replacement facilities, including cilities is disproportionate (i.e., wheth- engineering and cost analysis of the re- er there is a lack of proportion or rela- location procedure and, if radio facili- tion between the two); ties are involved, identifying and ob- (3) What steps the parties have taken taining, on the incumbents behalf, new to determine the actual cost of reloca- channels and frequency coordination; tion to comparable facilities; and, (4) Whether either party has withheld (3) The ET applicant, provider, li- information requested by the other censee or representative builds the re- party that is necessary to estimate replacement system and tests it for com- location costs or to facilitate the relo- parability with the existing 2 GHz sys- cation process. Any party alleging a tem. violation of our good faith requirement (f) Comparable Facilities. The replace- must attach an independent estimate ment system provided to an incumbent of the relocation costs in question to during an involuntary relocation must any documentation filed with the Com- be at least equivalent to the existing

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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 of relocation, not match the total ca- licensees will maintain primary status pacity of the PARS system. for the following technical changes: (2) Reliability. System reliability is (1) Decreases in power; the degree to which information is (2) Minor changes (increases or de- transferred accurately within a sys- creases) in antenna height; tem. ET licensees must provide PARS (3) Minor location changes (up to two licensees with reliability equal to the seconds); overall reliability of their system. For (4) Any data correction which does digital data systems, reliability is not involve a change in the location of measured by the percent of time the an existing facility; bit error rate (BER) exceeds a desired (5) Reductions in authorized band- value, and for analog or digital voice width; transmissions, it is measured by the (6) Minor changes (increases or de- percent of time that audio signal qual- creases) in structure height; ity meets an established threshold. If (7) Changes (increases or decreases) an analog voice system is replaced with in ground elevation that do not affect a digital voice system, only the result- centerline height; ing frequency response, harmonic dis- (8) Minor equipment changes. tortion, signal-to-noise ratio and its re- (j) Sunset. PARS licensees will main- liability will be considered in deter- tain primary status in the 2110–2130 mining comparable reliability. MHz and 2160–2180 MHz bands unless (3) Operating Costs. Operating costs and until an ET licensee requires use of are the cost to operate and maintain the spectrum. ET licensees are not re- the PARS system. ET licensees must quired to pay relocation costs after the compensate PARS licensees for any in- relocation rules sunset (i.e., for the creased recurring costs associated with 2110–2130 MHz and 2160–2180 MHz bands, the replacement facilities (e.g. addi- ten years after the first ET license is tional rental payments, increased util- issued in the respective band). Once the ity fees) for five years after relocation. relocation rules sunset, an ET licensee ET licensees may satisfy this obliga- may require the incumbent to cease option by making a lump-sum payment erations, provided that the ET licensee based on present value using current intends to turn on a system within in- interest rates. Additionally, the main- terference range of the incumbent, as tenance costs to the PARS licensee determined by TIA TSB 10–F or any must be equivalent to the 2 GHz sys- standard successor. ET licensee notifi- tem in order for the replacement sys- cation to the affected PARS licensee tem to be considered comparable. must be in writing and must provide (g) The PARS licensee is not required the incumbent with no less than six to relocate until the alternative facili- months to vacate the spectrum. After ties are available to it for a reasonable the six-month notice period has ex- time to make adjustments, determine pired, the PARS licensee must turn its

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

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Private Radio Power Pool 470.0875 ...... 473.0875 476.0875 ...... 479.0875 470.1125 ...... 473.1125 476.1125 ...... 479.1125 (25 kHz bandwidth) 470.1375 ...... 473.1375 476.1375 ...... 479.1375 928.3625 ...... 952.3625 928.6125 ...... 952.6125 470.1625 ...... 473.1625 476.1625 ...... 479.1625 928.3875 ...... 952.3875 928.6375 ...... 952.6375 470.1875 ...... 473.1875 476.1875 ...... 479.1875 928.4125 ...... 952.4125 928.6625 ...... 952.6625 470.2125 ...... 473.2125 476.2125 ...... 479.2125 928.4375 ...... 952.4375 928.6875 ...... 952.6875 470.2375 ...... 473.2375 476.2375 ...... 479.2375 928.4625 ...... 952.4625 928.7125 ...... 952.7125 470.2625 ...... 473.2625 476.2625 ...... 479.2625 928.4875 ...... 952.4875 928.7375 ...... 952.7375 470.2875 ...... 473.2875 476.2875 ...... 479.2875 928.5125 ...... 952.5125 928.7625 ...... 952.7625 New York-Northeastern New Jersey 928.5375 ...... 952.5375 928.7875 ...... 952.7875 928.5625 ...... 952.5625 928.8125 ...... 952.8125 470.0125 ...... 470.1625 476.0125 ...... 476.1625 928.5875 ...... 952.5875 928.8375 ...... 952.8375 470.0375 ...... 470.1875 476.0375 ...... 476.1875 470.0625 ...... 470.2125 476.0625 ...... 476.2125 (12.5 kHz bandwidth) 470.0875 ...... 470.2375 476.0875 ...... 476.2375 928.35625 .... 952.35625 928.60625 .... 952.60625 470.1125 ...... 470.2625 476.1125 ...... 476.2625 928.36875 .... 952.36875 928.61875 .... 952.61875 470.1375 ...... 470.2875 476.1375 ...... 476.2875 928.38125 .... 952.38125 928.63125 .... 952.63125 Dallas-Forth Worth 928.39375 .... 952.39375 928.64375 .... 952.64375 928.40625 .... 952.40625 928.65625 .... 952.65625 482.0125 ...... 482.1625 485.0125 ...... 485.1625 928.41875 .... 952.41875 928.66875 .... 952.66875 482.0375 ...... 482.1875 485.0375 ...... 485.1875 928.43125 .... 952.43125 928.68125 .... 952.68125 482.0625 ...... 482.2125 485.0625 ...... 485.2125 928.44375 .... 952.44375 928.69375 .... 952.69375 482.0875 ...... 482.2375 485.0875 ...... 485.2375 928.45625 .... 952.45625 928.70625 .... 952.70625 482.1125 ...... 482.2625 485.1125 ...... 485.2625 928.46875 .... 952.46875 928.71875 .... 952.71875 482.1375 ...... 482.2875 485.1375 ...... 485.2875 928.48125 .... 952.48125 928.73125 .... 952.73125 Detroit 928.49375 .... 952.49375 928.74375 .... 952.74375 476.0125 ...... 479.0125 482.0125 ...... 485.0125 928.50625 .... 952.50625 928.75625 .... 952.75625 476.0375 ...... 479.0375 482.0375 ...... 485.0375 928.51875 .... 952.51875 928.76875 .... 952.76875 476.0625 ...... 479.0625 482.0625 ...... 485.0625 928.53125 .... 952.53125 928.78125 .... 952.78125 476.0875 ...... 479.0875 482.0875 ...... 485.0875 928.54375 .... 952.54375 928.79375 .... 952.79375 476.1125 ...... 479.1125 482.1125 ...... 485.1125 928.55625 .... 952.55625 928.80625 .... 952.80625 476.1375 ...... 479.1375 482.1375 ...... 485.1375 928.56875 .... 952.56875 928.81875 .... 952.81875 476.1625 ...... 479.1625 482.1625 ...... 485.1625 928.58125 .... 952.58125 928.83125 .... 952.83125 476.1875 ...... 479.1875 482.1875 ...... 485.1875 928.59375 .... 952.59375 928.84375 .... 952.84375 476.2125 ...... 479.2125 482.2125 ...... 485.2125 Public, Private, Government Shared Pool 476.2375 ...... 479.2375 482.2375 ...... 485.2375 (12.5 kHz bandwidth) 476.2625 ...... 479.2625 482.2625 ...... 485.2625 476.2875 ...... 479.2875 482.2875 ...... 485.2875 932.00625 .... 941.00625 932.25625 .... 941.25625 932.01875 .... 941.01875 932.26875 .... 941.26875 Houston 932.03125 .... 941.03125 932.28125 .... 941.28125 488.1625 ...... 491.1625 488.2375 ...... 491.2375 932.04375 .... 941.04375 932.29375 .... 941.29375 488.1875 ...... 491.1875 488.2625 ...... 491.2625 932.05625 .... 941.05625 932.30625 .... 941.30625 488.2125 ...... 491.2125 488.2875 ...... 491.2875 932.06875 .... 941.06875 932.31875 .... 941.31875 Los Angeles 932.08125 .... 941.08125 932.33125 .... 941.33125 470.0125 ...... 473.0125 506.0625 ...... 509.0625 932.09375 .... 941.09375 932.34375 .... 941.34375 470.0375 ...... 473.0375 506.0875 ...... 509.0875 932.10625 .... 941.10625 932.35625 .... 941.35625 506.0125 ...... 509.0125 506.1125 ...... 509.1125 932.11875 .... 941.11875 932.36875 .... 941.36875 506.0375 ...... 509.0375 932.13125 .... 941.13125 932.38125 .... 941.38125 932.14375 .... 941.14375 932.39375 .... 941.39375 Miami 932.15625 .... 941.15625 932.40625 .... 941.40625 470.0125 ...... 470.1625 473.0125 ...... 473.1625 932.16875 .... 941.16875 932.41875 .... 941.41875 470.0375 ...... 470.1875 473.0375 ...... 473.1875 932.18125 .... 941.18125 932.43125 .... 941.43125 470.0625 ...... 470.2125 473.0625 ...... 473.2125 932.19375 .... 941.19375 932.44375 .... 941.44375 470.0875 ...... 470.2375 473.0875 ...... 473.2375 932.20625 .... 941.20625 932.45625 .... 941.45625 470.1125 ...... 470.2625 473.1125 ...... 473.2625 932.21875 .... 941.21875 932.46875 .... 941.46875 470.1375 ...... 470.2875 473.1375 ...... 473.2875 932.23125 .... 941.23125 932.48125 .... 941.48125 Philadelphia 932.24375 .... 941.24375 932.49375 .... 941.49375 500.0125 ...... 503.0125 506.0125 ...... 509.0125 UHF Channels in Specified Urban Areas 500.0375 ...... 503.0375 506.0375 ...... 509.0375 Boston 500.0625 ...... 503.0625 506.0625 ...... 509.0625 470.0125 ...... 473.0125 482.0125 ...... 485.0125 500.0875 ...... 503.0875 506.0875 ...... 509.0875 470.0375 ...... 473.0375 482.0375 ...... 485.0375 500.1125 ...... 503.1125 506.1125 ...... 509.1125 470.0625 ...... 473.0625 482.0625 ...... 485.0625 500.1375 ...... 503.1375 506.1375 ...... 509.1375 470.0875 ...... 473.0875 482.0875 ...... 485.0875 500.1625 ...... 503.1625 506.1625 ...... 509.1625 470.1125 ...... 473.1125 482.1125 ...... 485.1125 500.1875 ...... 503.1875 506.1875 ...... 509.1875 470.1375 ...... 473.1375 482.1375 ...... 485.1375 500.2125 ...... 503.2125 506.2125 ...... 509.2125 470.1625 ...... 473.1625 482.1625 ...... 485.1625 500.2375 ...... 503.2375 506.2375 ...... 509.2375 470.1875 ...... 473.1875 482.1875 ...... 485.1875 500.2625 ...... 503.2625 506.2625 ...... 509.2625 470.2125 ...... 473.2125 482.2125 ...... 485.2125 500.2875 ...... 503.2875 506.2875 ...... 509.2875 470.2375 ...... 473.2375 482.2375 ...... 485.2375 Pittsburgh 470.2625 ...... 473.2625 482.2625 ...... 485.2625 470.0125 ...... 470.1625 473.0125 ...... 473.1625 470.2875 ...... 473.2875 482.2875 ...... 485.2875 470.0375 ...... 470.1875 473.0375 ...... 473.1875 Chicago, Cleveland 470.0625 ...... 470.2125 473.0625 ...... 473.2125 470.0125 ...... 473.0125 476.0125 ...... 479.0125 470.0875 ...... 470.2375 473.0875 ...... 473.2375 470.0375 ...... 473.0375 476.0375 ...... 479.0375 470.1125 ...... 470.2625 473.1125 ...... 473.2625 470.0625 ...... 473.0625 476.0625 ...... 479.0625 470.1375 ...... 470.2875 473.1375 ...... 473.2875 72

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

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in this paragraph must equal or exceed Frequency range (MHz) Maximum the sum of the distance from the con- ERP (watts) trol transmitter location to the radio 470–512 ...... 1000 horizon in the direction of the specified 928–929 ...... 50 location and 89 kilometers (55 miles— 932–933 ...... 30 representing the distance from the 941–942 ...... 600 main transmitter location of the TV 952–960 ...... 150 station to its Grade B contour in the direction of the control transmitter). (b) 470–512 MHz limits. The purpose of The protected TV station locations in the rules in paragraphs (b)(1) through this paragraph are the locations of (b)(3) of this section is to reduce the record as of September 1974, and these likelihood that interference to tele- do not change even though the TV sta- vision receiption from public mobile tions may have been subsequently relo- operations on these channels will cated. occur. The protected TV station loca- (i) The protected TV station locations specified in this section are the tions are as follows: locations of record as of September Control 1974, and these do not change even transmitter though the TV stations may have been frequency Protected TV station location range subsequently relocated. (1) Co-channel protection. The ERP of 470–476 Washington, DC 38°57′17″ 77°00′17″ MHz. control transmitters must not exceed 476–482 Lancaster, PA 40°15′45″ 76°27′49″ the limits in the tables in paragraphs MHz. (b)(1)(ii) and (b)(1)(iii) of this section. The limits depend upon the height (ii) The distance to the radio horizon is calculated using the following for- above average terrain of the control mula: transmitter antenna and the distance between the control transmitter and dh=×17 the nearest protected TV station location in paragraph (b)(1)(i) of this sec- where tion. d is the distance to the radio horizon in kilo- (i) The protected TV station loca- meters h is the height of the antenna center of radi- tions are as follows (all coordinates are ation above ground level in meters referenced to North American Datum 1983 (NAD83)): [59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68946, Dec. 14, 1998, 70 FR 19309, Apr. 13, Protected TV 2005] Control transmitter frequency range station location

§ 22.627 Effective radiated power lim- 470–476 MHz ...... Jacksonville, IL, its. 39°45′52.2″ N. Lat. The effective radiated power (ERP) of 90°30′29.5″ transmitters operating on the channels W. Long. listed in § 22.621 must not exceed the Mt. Pleasant, MI, 43°34′24.1″ N. limits in this section. Lat. (a) Maximum ERP. The ERP must not 84°46′21.1″ exceed the applicable limits in this W. Long. paragraph under any circumstances.

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

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Antenna height ERP Antenna height ERP AMSL in meters (feet) (Watts) AMSL in meters (feet) (Watts)

1068 (3501) to 1219 (4000) ...... 40 1373 (4501) and above ...... 25 1220 (4001) to 1372 (4500) ...... 30

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

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

209 (130)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 201 (125)...... 1000 1000 1000 1000 1000 1000 1000 850 750 725 193 (120)...... 1000 1000 1000 1000 900 750 675 600 550 500 185 (115)...... 1000 1000 800 725 600 525 475 425 375 350 177 (110)...... 850 700 600 500 425 375 325 300 275 225 169 (105)...... 600 475 400 325 275 250 225 200 175 150 161 (100)...... 400 325 275 225 175 150 140 125 110 100 153 (95)...... 275 225 175 125 110 95 80 70 60 50 145 (90) ...... 175 125 100 75 50 ...... See § 22.627(b)(1)(ii). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.

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

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

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

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

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

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 inter- mediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.

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

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

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

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

470–512 MHZ TRUNKED MOBILE then only in the urban areas already OPERATION authorized.

§ 22.651 470–512 MHz channels for § 22.657 Transmitter locations. trunked mobile operation. The purpose of the rules in para- The following channels are allocated graphs (a) and (b) of this section is to for assignment to transmitters pro- define the areas in which the 470–512 viding trunked public mobile service MHz channels are allocated for public within the specified urban areas. All mobile use. The purpose of the rules in channels have a bandwidth of 20 kHz paragraphs (c) through (f) of this sec- and are designated by their center fre- tion is to reduce the likelihood that in- quencies in MegaHertz. terference to television reception from Houston public mobile operations on these 488.0125 ...... 491.0125 488.0875 ...... 491.0875 488.0375 ...... 491.0375 488.1125 ...... 491.1125 channels will occur. The protected TV 488.0625 ...... 491.0625 488.1375 ...... 491.1375 station locations specified in para- New York-Northern New Jersey graphs (d), (e)(1) and (f) of this section 473.0125 ...... 479.0125 473.1625 ...... 479.1625 are the locations of record as of Sep- 473.0375 ...... 479.0375 473.1875 ...... 479.1875 473.0625 ...... 479.0625 473.2125 ...... 479.2125 tember 1974, and these do not change 473.0875 ...... 479.0875 473.2375 ...... 479.2375 even though the TV stations may have 473.1125 ...... 479.1125 473.2625 ...... 479.2625 been subsequently relocated. 473.1375 ...... 479.1375 473.2875 ...... 479.2875 (a) Base transmitter locations. Base [59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, transmitter locations must be within 1995] 80 kilometers (50 miles) of the designated locations in this paragraph. § 22.653 Eligibility. Mobile transmitters must not be oper- Only licensees already authorized to ated at locations more than 129 kilo- provide trunked mobile service or their meters (80 miles) from the designated successors in interest are eligible to locations in this paragraph. Note: All apply for additional use of these chan- coordinates are referenced to North nels for trunked mobile service, and American Datum 1983 (NAD83).

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Urban area N. latitude W. longitude Control transmitter Protected TV station location Houston, TX ...... 29°45′26.8″ 95°21′37.8″ frequency range New York, NY-NE NJ ...... 40°45′06.4″ 73°59′37.5″ 470–476 Washington, DC, 38°57′17.4″ N. Lat. (b) Mobile area of operation. Mobile MHz. 77°00′15.9″ W. Long. transmitters must not be operated at 476–482 Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ MHz. W. Long. locations more than 48 kilometers (30 miles) from all associated base sta- (2) The required minimum distance tions. depends upon the effective radiated (c) Protection from intermodulation in- power (ERP) of the most powerful mo- terference. Base transmitter locations bile transmitter(s) in the system: must be at least 1.6 kilometers (1 mile) from the current main transmitter lo- Minimum distance cations of all TV stations transmitting Mobile unit ERP (watts) Kilo- on TV channels separated by 2, 3, 4, 5, meters Miles 7, or 8 TV channels from the TV chan- 60 ...... 193 (120) nel containing the frequencies on 50 ...... 185 (115) which the base station will transmit. 25 ...... 177 (110) This requirement is intended to reduce 10 ...... 169 (105) the likelihood of intermodulation in- 5 ...... 161 (100) terference. (f) Co-channel protection from base (d) Adjacent channel protection from transmitters with high antennas. This mobile transmitters. Base transmitter paragraph applies only to base trans- locations must be at least 145 kilo- mitter locations in the New York- meters (90 miles) from the applicable Northeastern New Jersey urban area protected TV station locations speci- that utilize an antenna height of more fied in this paragraph. This require- than 152 meters (500 feet) above average ment is intended to provide a 0 dB min- terrain. The distance between the loca- imum desired to undesired signal tion of such a base transmitter and the strength ratio at the Grade B contour applicable protected TV station loca- of an adjacent channel TV station. tion specified in this paragraph must Note: All coordinates are referenced to equal or exceed the sum of the distance North American Datum 1983 (NAD83). from the base transmitter location to the radio horizon in the direction of Control trans- the specified location and 89 kilo- mitter fre- Protected TV station location TV meters (55 miles—representing the dis- quency channel range tance from the main transmitter location of the TV station to its Grade B 470–476 Lancaster, PA, 40°15′45.3″ N. Lat. (15) ° ′ ″ contour in the direction of the base MHz. 76 27 47.9 W. Long.. transmitter). The distance to the radio 476–482 Scranton, PA, 41°10′58.3″ N. Lat. (16) MHz. 75°52′19.7″ W. Long.. horizon is calculated as follows:

(e) Co-channel protection from mobile dh=×17 transmitters. Base transmitter locations Where d is the distance to the radio horizon must be at least the distance specified in kilometers h is the height of the an- in paragraph (e)(2) of this section from tenna center of radiation above ground the applicable protected TV station lo- level in meters

cations specified in paragraph (e)(1) of NOTE: All coordinates are referenced to this section. This requirement is in- North American Datum 1983 (NAD83)): tended to provide a 40 dB minimum desired to undesired signal strength ratio Control transmitter at the Grade B contour of a co-channel frequency Protected TV station location TV station. range (1) The protected TV station loca- 470–476 Washington, DC, 38°57′17.4″ N. Lat. tions are as follows (all coordinates are MHz. 77°00′15.9″ W. Long. referenced to North American Datum 476–482 Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ 1983 (NAD83)): MHz. W. Long.

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(g) The FCC may waive specific dis- ters in the New York-Northeastern tance separation requirements of para- New Jersey urban area must not exceed graphs (d) through (f) of this section if the limits in the tables referenced in the applicant submits an engineering paragraphs (b)(2) and (b)(3) of this sec- analysis which demonstrates that ter- tion. The limits depend upon the rain effects and/or operation with less height above average terrain of the effective radiated power would satisfy base transmitter antenna and the dis- the applicable minimum desired to tance between the base transmitter undesired signal strength ratios at the and the nearest protected TV station Grade B contours of the protected TV location in paragraph (b)(1) of this sec- stations. For this purpose, the Grade B tion. contour of a TV station is deemed to be (1) The protected TV station loca- a circle with a 89 kilometer (55 mile) tions are as follows (all coordinates are radius, centered on the protected TV referenced to North American Datum station location, and along which the 1983 (NAD83)): median TV signal field strength is 64 μ Control dB V/m. In any showing intended to transmitter demonstrate compliance with the min- frequency Protected TV station location imum desired to undesired signal ratio range requirements of this section, all pre- 470–476 Washington, DC, 38°57′17.4″ N. Lat. dicted field strengths must have been MHz. 77°00′15.9″ W. Long. determined using the UHF TV propaga- 476–482 Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ MHz. W. Long. tion curves contained in part 73 of this chapter. (2) Tables E–8 and E–9 of this section [59 FR 59507, Nov. 17, 1994, as amended at 63 apply to base transmitters in the New FR 68947, Dec. 14, 1998] York-Northeastern New Jersey urban area that transmit on channels in the § 22.659 Effective radiated power lim- 476–482 MHz range. its. (3) Tables E–10 and E–11 of this sec- The purpose of the rules in this section apply to base transmitters in the tion, which limit effective radiated New York-Northeastern New Jersey power (ERP), is to reduce the likeli- urban area that transmit on channels hood that interference to television re- in the 470–476 MHz range. ception from public mobile operations (c) Adjacent channel protection from on these channels will occur. The pro- base transmitters. The ERP of base tected TV station locations specified in transmitters must not exceed the lim- this section are the locations of record its in Table E–12 of this section. The as of September 1974, and these do not limits depend upon the height above change even though the TV stations average terrain of the base transmitter may have been subsequently relocated. antenna and the distance between the (a) Maximum ERP. The ERP of base base transmitter and the nearest pro- transmitters must not exceed 100 Watts tected TV station location specified in under any circumstances. The ERP of paragraph (c)(1) of this section. mobile transmitters must not exceed 60 (1) The protected TV station loca- Watts under any circumstances. tions are as follows (all coordinates are (b) Co-channel protection from base referenced to North American Datum transmitters. The ERP of base transmit- 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).

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(2) Table E–12 of this section applies to base transmitters in the New York- Northeastern New Jersey urban area.

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

209 (130)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 201 (125)...... 1000 1000 1000 1000 1000 1000 1000 850 750 725 193 (120)...... 1000 1000 1000 1000 900 750 675 600 550 500 185 (115)...... 1000 1000 800 725 600 525 475 425 375 350 177 (110)...... 850 700 600 500 425 375 325 300 275 225 169 (105)...... 600 475 400 325 275 250 225 200 175 150 161 (100)...... 400 325 275 225 175 150 140 125 110 100 153 (95)...... 275 225 175 125 110 95 80 70 60 50 145 (90) ...... 175 125 100 75 50 ...... See § 22.659(b)(2). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.

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

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

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

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

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

108 (67)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 106 (66)...... 1000 1000 1000 1000 1000 1000 1000 1000 750 105 (65)...... 1000 1000 1000 1000 1000 1000 825 650 600 103 (64)...... 1000 1000 1000 1000 1000 775 625 500 400 101 (63)...... 1000 1000 1000 1000 440 400 350 320 300 100 (62)...... 1000 1000 1000 525 375 250 200 150 125 98 (61)...... 1000 700 450 250 200 125 100 75 50 97 (60) ...... 1000 425 225 125 100 75 50 ...... See § 22.659(c)(2). This table applies to base transmitters in the New York-Northeastern New Jersey urban areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.

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

Subpart F—Rural Radiotelephone § 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 § 22.702 Eligibility. and through a base station in the Pag- 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 rural stations in the Rural Radio- (c) Interoffice stations may commu- telephone Service. Subscribers are also nicate only with other interoffice sta- eligible to hold authorizations to oper- tions. ate rural subscriber stations in the Rural Radiotelephone Service. § 22.709 Rural radiotelephone service application requirements. [69 FR 75170, Dec. 15, 2004] In addition to information required § 22.703 Separate rural subscriber sta- by Subparts B and D of this part, FCC tion authorization not required. Form 601 applications for authorization to operate a station in the Rural Ra- A separate authorization is not re- diotelephone Service must contain the quired for rural subscriber stations for which the effective radiated power does applicable supplementary information not exceed 60 Watts and for which FAA described in this section. notification of construction or alter- (a) Interoffice stations. Applications ation of the antenna structure is not for authority to operate a new inter- required (see criteria in § 17.7 of this office station or to add transmitters or chapter). Authority to operate such points of communications to an exist- rural subscriber stations is conferred ing interoffice station must contain an by the authorization of the central of- exhibit demonstrating that the re- fice or base station from which they requested facilities would be used only ceive service.

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

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name of the antenna manufacturer to exclusive applications of any type in 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

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available in the area to meet realistic telephone service and to transmitters 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 sta- CONVENTIONAL RURAL RADIOTELEPHONE tions. All channels have a bandwidth of STATIONS 20 kHz and are designated by their center frequencies in MegaHertz. § 22.721 Geographic area authorizations. Central Rural sub- Central Rural sub- Eligible persons may apply for a pag- office scriber office scriber ing geographic area authorization in VHF Channels the Rural Radiotelephone Service, on the channel pairs listed in § 22.725, by 152.03 ...... 158.49 152.57 ...... 157.83 following the procedures and require- 152.06 ...... 158.52 152.60 ...... 157.86 ments set forth in § 22.503 for paging ge- 152.09 ...... 158.55 152.63 ...... 157.89 ographic area authorizations. 152.12 ...... 158.58 152.66 ...... 157.92 [62 FR 11636, Mar. 12, 1997] 152.15 ...... 158.61 152.69 ...... 157.95 152.18 ...... 158.64 152.72 ...... 157.98 § 22.723 Secondary site-by-site author- 152.21 ...... 158.67 152.75 ...... 158.01 izations. 152.51 ...... 157.77 152.78 ...... 158.04 Authorizations for new facilities (in- 152.54 ...... 157.80 152.81 ...... 158.07 cluding new sites and additional channel pairs for existing sites) in the Rural UHF Channels Radiotelephone Service (including 454.025 ...... 459.025 454.350 ...... 459.350 BETRS facilities) may be granted after 454.050 ...... 459.050 454.375 ...... 459.375 May 12, 1997 only on the condition that 454.075 ...... 459.075 454.400 ...... 459.400 such authorizations shall be secondary 454.100 ...... 459.100 454.425 ...... 459.425 to any existing or future co-channel 454.125 ...... 459.125 454.450 ...... 459.450 paging geographic area authorization 454.150 ...... 459.150 454.475 ...... 459.475 in the Paging and Radiotelephone 454.175 ...... 459.175 454.500 ...... 459.500 Service or the Rural Radiotelephone 454.200 ...... 459.200 454.525 ...... 459.525 Service. If the paging geographic area 454.225 ...... 459.225 454.550 ...... 459.550 licensee notifies the Rural Radio- 454.250 ...... 459.250 454.575 ...... 459.575 telephone Service licensee that oper- 454.275 ...... 459.275 454.600 ...... 459.600 ation of a co-channel secondary facil- 454.300 ...... 459.300 454.625 ...... 459.625 ity must be discontinued because it 454.325 ...... 459.325 454.650 ...... 459.650 may cause interference to existing or planned facilities, the Rural Radio- (a) The channels listed in this section telephone Service licensee must dis- are also allocated for assignment in the continue operation of that facility on Paging and Radiotelephone Service. the particular channel pair involved no (b) In Puerto Rico and the Virgin Is- later than six months after such no- lands, channels in the 154.04–154.46 MHz tice. and 161.40–161.85 MHz frequency ranges [62 FR 11636, Mar. 12, 1997] may be assigned to transmitters providing rural radiotelephone service; § 22.725 Channels for conventional channels in these ranges are also allo- rural radiotelephone stations and basic exchange telephone radio sys- cated for assignment in the Inter- tems. national Fixed Public and Aero- nautical Fixed radio services. The following channels are allocated for paired assignment to transmitters [59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, that provide conventional rural radio- 1995, as amended at 70 FR 19309, Apr. 13, 2005]

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§ 22.727 Power limits for conventional station receiving on adjacent channel rural radiotelephone transmitters. 454.000 MHz. The transmitting power of transmit- [59 FR 59507, Nov. 17, 1994, as amended at 70 ters operating on the channels listed in FR 19309, Apr. 13, 2005] § 22.725 must not exceed the limits in this section. § 22.731 Emission limitations. (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 Maximum operation. Frequency range (MHz) ERP (watts) § 22.733 Priority of service. 152–153 ...... 1400 157–159 ...... 150 Within the Rural Radiotelephone 454–455 ...... 3500 Service, the channels listed in § 22.725 459–460 ...... 150 are intended primarily for use in ren- (b) Basic power limit. Except as pro- dition of public message service be- vided in paragraph (d) of this section, tween rural subscriber and central of- the ERP of central office station trans- fice stations and to provide radio mitters must not exceed 500 Watts. trunking facilities between central of- (c) Height-power limits. Except as pro- fices. The channels may also be used, vided in paragraph (d) of this section, however, for the rendition of private the ERP of central office station trans- leased-line communication service pro- mitters must not exceed the amount vided that such usage would not reduce that would result in an average dis- or impair the extent or quality of com- tance to the ‘‘service contour’’ of 41.6 munication service that would be kilometers (26 miles) for VHF channels available, in the absence of private or 30.7 kilometers (19 miles) for UHF leased-line service, to the general pub- channels. The average distance to the lic receiving or subsequently request- ‘‘service contour’’ is calculated by taking public message service from a cen- ing the arithmetic mean of the dis- tral office. tances determined using the procedures specified in § 22.567 for the eight car- § 22.737 Temporary fixed stations. dinal 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

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such communications should apply suf- flict, however, the rules in this subpart ficiently in advance to allow for the govern. time necessary to coordinate with Can- [70 FR 19309, Apr. 13, 2005] ada or Mexico. GENERAL AVIATION AIR-GROUND BASIC EXCHANGE TELEPHONE RADIO STATIONS SYSTEMS § 22.805 Channels for general aviation § 22.757 Channels for basic exchange air-ground service. telephone radio systems. The following channels are allocated The channels listed in § 22.725 are also for the provision of radiotelephone allocated for paired assignment to service to airborne mobile subscribers transmitters in basic exchange tele- in general aviation aircraft. These phone radio systems. 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 Ground Airborne mobile transmitters used in basic exchange 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.

where ERPw is the effective radiated power (b) All airborne mobile channels are in Watts assigned for use by each and every air- hm is the average (eight cardinal radial) an- borne mobile station. tenna 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 The rules in this subpart govern the air-ground station must contain the licensing and operation of air-ground applicable supplementary information stations and systems. The licensing described in this section. and operation of these stations and (a) Administrative information. The fol- systems is also subject to rules else- lowing information is required by FCC where in this part and in part 1 of this Form 601. chapter that generally apply to the (1) The number of transmitter sites Public Mobile Services. In case of con- for which authorization is requested.

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(2) The call sign(s) of other facilities route coverage of the original geo- in the same area that are ultimately graphical layout. controlled by the real party in interest (a) Distance separation for co-channel to the application. ground stations. The FCC may grant an (b) Technical information required. For application requesting assignment of a each transmitter in the Rural Radio- communication channel pair to a pro- telephone Service, the following infor- posed ground transmitter only if the mation is required by FCC Form 601: proposed antenna location is at least (1) Location description, city, coun- 800 kilometers (497 miles) from the an- ty, state, geographic coordinates tenna location of the nearest co-chan- (NAD83) correct to ±1 second, site ele- nel ground transmitter in the United vation above mean sea level, proximity States, its territories and possessions; to adjacent market boundaries and and 1000 kilometers (621 miles) from international borders; the antenna location of the nearest co- (2) Antenna height to tip above channel ground transmitter in Canada. ground level, antenna gain in the max- (b) Dispersion. The FCC may grant an imum lobe, the electric field polariza- application requesting assignment of a 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 oper- The rules in this section govern the ating on the channels listed in § 22.805 processing of applications for authority must not exceed the limits in this sec- to operate a ground station trans- tion. mitter on any ground station commu- (a) Ground station transmitters. The ef- nication channel listed in § 22.805 when fective radiated power of ground sta- the applicant has applied or been tions must not exceed 100 Watts and granted an authorization for other must not be less than 50 Watts, except ground station communication chan- as provided in § 22.811. nels in the same area. The general pol- (b) Airborne mobile transmitters. The icy of the FCC is to assign one ground transmitter power output of airborne station communication channel in an mobile transmitters must not exceed 25 area to a carrier per application cycle, Watts and must not be less than 4 up to a maximum of six ground station Watts. communication channels per area. That is, a carrier must apply for one § 22.813 Technical channel pair assign- ground station communication chan- ment criteria. nel, receive the authorization, con- The rules in this section establish struct the station, and notify the FCC technical assignment criteria for the of commencement of service before ap- channel pairs listed in § 22.805. These plying for an additional ground station criteria are intended to provide sub- communication channel in that area. stantial service volumes over areas (a) Air-ground transmitters in same that have significant local and regional area. Any transmitter on any of the general aviation activity, while main- ground station channels listed in taining the continuous nationwide in- § 22.805 is considered to be in the same

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area as another transmitter on any COMMERCIAL AVIATION AIR-GROUND ground station channel listed in § 22.805 SYSTEMS if it is located less than 350 kilometers (217 miles) from that transmitter. § 22.853 Eligibility to hold interest in (b) Initial channel. The FCC will not licenses limited to 3 MHz of spectrum. assign more than one ground station communication channel for new ground No individual or entity may hold, di- stations. Ground stations are consid- rectly or indirectly, a controlling in- ered to be new if there are no author- terest in licenses authorizing the use of ized ground station transmitters on more than three megahertz of spec- any channel listed in § 22.805 controlled trum (either shared or exclusive) in the by the applicant in the same area. 800 MHz commercial aviation Air- (c) Additional channel. Applications Ground Radiotelephone Service fre- for ground transmitters to be located quency bands (see § 22.857). Individuals in the same area as an authorized and entities with either de jure or de ground station controlled by the appli- facto control of a licensee in these cant, but to operate on a different bands will be considered to have a con- ground station communication chan- trolling interest in its license(s). For nel, are considered as requesting an ad- purposes of this rule, the definitions of ditional channel for the authorized sta- ‘‘controlling interests’’ and ‘‘affiliate’’ tion. set forth in paragraphs (c)(2) and (c)(5) (d) Amendment of pending application. of § 1.2110 of this chapter shall apply. If the FCC receives and accepts for fil- [70 FR 19310, Apr. 13, 2005] ing an application for a ground station transmitter to be located in the same § 22.857 Channel plan for commercial area as a ground station transmitter aviation air-ground systems. proposed in a pending application pre- The 849–851 MHz and 894–896 MHz fre- viously filed by the applicant, but on a quency bands are designated for paired different ground station communica- nationwide exclusive assignment to the tion channel, the subsequent applica- licensee or licensees of systems pro- tion is treated as a major amendment viding radio telecommunications serv- to change the technical proposal of the ice, including voice and/or data service, prior application. The filing date of to persons on board aircraft. Air- any application so amended is the date ground systems operating in these fre- the FCC received the subsequent appli- quency bands are referred to in this cation. part as ‘‘commercial aviation’’ sys- (e) Dismissal of premature applications tems. for additional channel. If the FCC re- [70 FR 19310, Apr. 13, 2005] ceives an application requesting an additional ground station communication § 22.859 Incumbent commercial avia- channel for an authorized ground station air-ground systems. tion prior to receiving notification This section contains rules con- that the station is providing service to cerning continued operation of com- subscribers on the authorized chan- mercial aviation air-ground systems nel(s), the FCC may dismiss that appli- that were originally authorized prior cation without prejudice. to January 1, 2004 to provide radio- (f) Dismissal of applications for seventh telephone service using narrowband (6 channel. If the FCC receives an applica- kHz) channels, and that have been pro- tion requesting an additional ground viding service continuously since the station communication channel for an original commencement of service authorized ground station which (hereinafter ‘‘incumbent systems’’). would, if granted, result in that station (a) An incumbent system may con- being assigned more than six ground tinue to operate under its authoriza- station communication channels in the tion, for the remaining term of such same area, the FCC may dismiss that authorization, subject to the terms and application without prejudice. 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. (a) Each cellular system must pro- (a) Eligibility for small business provide either mobile service, fixed serv- visions in the commercial Air-Ground ice, or a combination of mobile and Radiotelephone Service. fixed service, subject to the require- (1) A small business is an entity that, ments, limitations and exceptions in together with its affiliates, its control- this section. Mobile service provided ling interests and the affiliates of its may be of any type, including two way controlling interests, has average gross radiotelephone, dispatch, one way or revenues that are not more than $40 two way paging, and personal commu- million for the preceding three years. nications services (as defined in part 24 (2) A very small business is an entity of this chapter). Fixed service is con- that, together with its affiliates, its sidered to be primary service, as is mo- controlling interests and the affiliates bile service. When both mobile and of its controlling interests, has average fixed service are provided, they are gross revenues that are not more than considered to be co primary services. In $15 million for the preceding three providing cellular services, each cel- years. lular system may incorporate any (b) Bidding credits in the commercial technology that meets all applicable Air-Ground Radiotelephone Service. technical requirements in this part. (1) A winning bidder that qualifies as (b) Until February 18, 2008, each cel- a small business, as defined in this sec- lular system that provides two-way tion, or a consortium of small busi- cellular mobile radiotelephone service nesses may use a bidding credit of 15 must— percent, as specified in § 1.2110(f)(2)(iii) (1) Maintain the capability to provide of this chapter, to lower the cost of its compatible analog service (‘‘AMPS’’) winning bid on a commercial Air- to cellular telephones designed in con- Ground Radiotelephone Service li- formance with the specifications con- cense. tained in sections 1 and 2 of the stand- (2) A winning bidder that qualifies as ard document ANSI TIA/EIA–553–A–1999 a very small business, as defined in this Mobile Station—Base Station Compat- section, or a consortium of very small ibility Standard (approved October 14, businesses may use a bidding credit of 1999); or, the corresponding portions, 25 percent, as specified in applicable to mobile stations, of which- § 1.2110(f)(2)(ii) of this chapter, to lower ever of the predecessor standard docu- the cost of its winning bid on a com- ments was in effect at the time of the mercial Air-Ground Radiotelephone manufacture of the telephone. This in- Service license. corporation by reference was approved [70 FR 76417, Dec. 27, 2005] by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 Subpart H—Cellular CFR part 51. Copies of the standard Radiotelephone Service may be purchased from Global Engi- neering Documents, 15 Inverness Way § 22.900 Scope. East, Englewood, CO 80112–5704 (or via The rules in this subpart govern the the internet at http://global.ihs.com). licensing and operation of cellular ra- Copies are available for inspection at diotelephone systems. Licensing and the Federal Communications Commis- operation of these systems are also sion, 445 12th Street, SW, Washington, subject to rules elsewhere in this part DC 20554, or at the National Archives that apply generally to the Public Mo- and Records Administration (NARA). bile Services. In case of conflict, how- For information on the availability of ever, the rules in this subpart govern. this material at NARA, call 202–741– 6030, or go to: http://www.archives.gov/ § 22.901 Cellular service requirements federallregister/ and limitations. codeloflfederallregulations/ The licensee of each cellular system ibrllocations.html. is responsible for ensuring that its cel- (2) Provide AMPS, upon request, to lular system operates in compliance subscribers and roamers using such cel- with this section. lular telephones while such subscribers

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are located in any portion of the cel- censees must notify the Commission by lular system’s CGSA where facilities updating FCC Form 601. have been constructed and service to [59 FR 59507, Nov. 17, 1994, as amended at 63 subscribers has commenced. See also FR 68951, Dec. 14, 1998] § 20.12 of this chapter. Cellular licensees must allot sufficient system resources § 22.909 Cellular markets. such that the quality of AMPS pro- Cellular markets are standard geo- vided, in terms of geographic coverage graphic areas used by the FCC for ad- and traffic capacity, is fully adequate ministrative convenience in the licens- to satisfy the concurrent need for ing of cellular systems. Cellular mar- AMPS availability. kets comprise Metropolitan Statistical [67 FR 77191, Dec. 17, 2002, as amended at 69 Areas (MSAs) and Rural Service Areas FR 18803, Apr. 9, 2004] (RSAs). All cellular markets and the counties they comprise are listed in § 22.905 Channels for cellular service. Public Notice Report No. CL–92–40 The following frequency bands are al- ‘‘Common Carrier Public Mobile Serv- located for assignment to service pro- ices Information, Cellular MSA/RSA Markets and Counties’’, dated January viders in the Cellular Radiotelephone 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992). Service. (a) MSAs. Metropolitan Statistical (a) Channel Block A: 869–880 MHz Areas are 306 areas, including New Eng- paired with 824–835 MHz, and 890–891.5 land County Metropolitan Areas and MHz paired with 845–846.5 MHz. the Gulf of Mexico Service Area (water (b) Channel Block B: 880–890 MHz area of the Gulf of Mexico, border is paired with 835–845 MHz, and 891.5–894 the coastline), defined by the Office of MHz paired with 846.5–849 MHz. Management and Budget, as modified [67 FR 77191, Dec. 17, 2002] by the FCC. (b) RSAs. Rural Service Areas are 428 § 22.907 Coordination of channel areas, other than MSAs, established by usage. the FCC. Licensees in the Cellular Radio- § 22.911 Cellular geographic service telephone Service must coordinate, area. with the appropriate parties, channel usage at each transmitter location The Cellular Geographic Service within 121 kilometers (75 miles) of any Area (CGSA) of a cellular system is the geographic area considered by the FCC transmitter locations authorized to to be served by the cellular system. other licensees or proposed by ten- The CGSA is the area within which cel- tative selectees or other applicants, ex- lular systems are entitled to protection cept those with mutually exclusive ap- and within which adverse effects for plications. the purpose of determining whether a (a) Licensees must cooperate and petitioner has standing are recognized. make reasonable efforts to resolve (a) CGSA determination. The CGSA is technical problems that may inhibit ef- the composite of the service areas of fective and efficient use of the cellular all of the cells in the system, excluding radio spectrum; however, licensees are any area outside the cellular market not obligated to suggest extensive boundary, except as provided in para- changes to or redesign other licensees’ graph (c) of this section, and excluding cellular systems. Licensees must make any area within the CGSA of another reasonable efforts to avoid blocking cellular system. The service area of a the growth of other cellular systems cell is the area within its service area that are likely to need additional ca- boundary (SAB). The distance to the pacity in the future. SAB is calculated as a function of ef- (b) If technical problems are ad- fective radiated power (ERP) and an- dressed by an agreement or operating tenna center of radiation height above agreement between the licensees that average terrain (HAAT), height above would result in a reduction of quality sea level (HASL) or height above mean or capacity of either system, the li- sea level (HAMSL).

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(1) Except as provided in paragraphs (b) Alternative CGSA determination. If (a)(2) and (b) of this section, the dis- a carrier believes that the method de- tance from a cell transmitting antenna scribed in paragraph (a) of this section to its SAB along each cardinal radial is produces a CGSA that departs signifi- calculated as follows: cantly (±20% in the service area of any d=2.531×h0.34 xp0.17 cell) from the geographic area where reliable cellular service is actually pro- where: vided, the carrier may submit, as an d is the radial distance in kilometers exhibit to an application for modifica- h is the radial antenna HAAT in meters tion of the CGSA using FCC Form 601, p is the radial ERP in Watts a depiction of what the carrier believes (2) The distance from a cell transmit- the CGSA should be. Such submissions ting antenna located in the Gulf of must be accompanied by one or more Mexico Service Area (GMSA) to its supporting propagation studies using SAB along each cardinal radial is cal- methods appropriate for the 800–900 culated as follows: MHz frequency range, including all supporting data and calculations, and/ d = 6.895 × h0.30× p0.15 or by extensive field strength measure- Where: ment data. For the purpose of such d is the radial distance in kilometers submissions, cellular service is consid- h is the radial antenna HAAT in meters ered to be provided in all areas, includ- p is the radial ERP in Watts ing ‘‘dead spots’’, between the trans- (3) The value used for h in the for- mitter location and the locus of points mula in paragraph (a)(2) of this section where the predicted or measured me- must not be less than 8 meters (26 feet) dian field strength finally drops to 32 μ μ HASL (or HAMSL, as appropriate for dB V/m (i.e. does not exceed 32 dB V/m the support structure). The value used further out). If, after consideration of for h in the formula in paragraph (a)(1) such submissions, the FCC finds that of this section must not be less than 30 adjustment to a CGSA is warranted, meters (98 feet) HAAT, except that for the FCC may grant the application. unserved area applications proposing a (1) The alternative CGSA determina- cell with an ERP not exceeding 10 tion must define the CGSA in terms of Watts, the value for h used in the for- distances from the cell sites to the 32 mula in paragraph (a)(1) of this section dBuV/m contour along the eight car- to determine the service area boundary dinal radials, with points in other azi- for that cell may be less than 30 meters muthal directions determined by the (98 feet) HAAT, but not less than 3 me- method given in paragraph (a)(6) of this ters (10 feet) HAAT. section. The distances used for the car- (4) The value used for p in the for- dinal radials must be representative of mulas in paragraphs (a)(1) and (a)(2) of the coverage within the 45° sectors, as this section must not be less than 0.1 depicted by the alternative CGSA de- Watt or 27 dB less than (1/500 of) the termination. maximum ERP in any direction, (2) If an uncalibrated predictive whichever is more. model is used to depict the CGSA, the (5) Whenever use of the formula in alternative CGSA determination must paragraph (a)(1) of this section pursu- identify factors (e.g. terrain roughness ant to the exception contained in para- or features) that could plausibly ac- graph (a)(3) of this section results in a count for the difference between actual calculated distance that is less than 5.4 coverage and that defined by the for- kilometers (3.4 miles), the radial dis- mula in paragraph (a)(1) of this section. tance to the service area boundary is If actual measurements or a measure- deemed to be 5.4 kilometers (3.4 miles). ment-calibrated predictive model are (6) The distance from a cell transmit- used to depict the CGSA, and this fact ting antenna to the SAB along any ra- is disclosed in the alternative CGSA dial other than the eight cardinal determination, it is not necessary to radials is calculated by linear inter- offer an explanation of the difference polation of distance as a function of between actual coverage and that de- angle. fined by the formula in paragraph (a)(1)

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of this section. If the formula in para- (d) Protection afforded. Within the graph (a)(1) of this section is clearly in- CGSA determined in accordance with applicable for the cell(s) in question this section, cellular systems are enti- (e.g. for microcells), this should be dis- tled to protection from co-channel and closed in the alternative CGSA deter- first-adjacent channel interference and mination. from capture of subscriber traffic by (3) The provision for alternative adjacent systems on the same channel CGSA determinations was made in rec- block. ognition that the formula in paragraph (1) Licensees must cooperate in re- (a)(1) of this section is a general model solving co-channel and first-adjacent that provides a reasonable approxima- channel interference by changing chan- tion of coverage in most land areas, nels used at specific cells or by other but may under-predict or over-predict technical means. coverage in specific areas with unusual (2) Protection from capture of sub- terrain roughness or features, and may be inapplicable for certain purposes, scriber traffic is applied and limited in e.g., cells with a coverage radius of less accordance with the following: than 8 kilometers (5 miles). In such (i) Subscriber traffic is captured if an cases, alternative methods that utilize SAB of one cellular system overlaps more specific models are appropriate. the CGSA of another operating cellular Accordingly, the FCC does not consider system. Therefore, cellular licensees use of the formula in paragraph (a)(1) must not begin to operate any facility of this section with parameters outside that would cause an SAB to overlap of the limits in paragraphs (a)(3), (a)(4) the existing CGSA of another cellular and (a)(5) of this section or with data system on the same channel block, for radials other than the cardinal without first obtaining the written radials to be a valid alternative meth- consent of the licensee of that system. od for determining the CGSA of a cel- However, cellular licensees may con- lular system. tinue to operate existing facilities that (c) CGSA extension areas. SAB exten- produce an SAB overlapping a subse- sions (areas outside of the cellular quently-authorized portion of the market boundary, but within the serv- CGSA of another cellular system on ice area as calculated using the meth- the same channel block until the li- ods of paragraph (a) of this section) are censee of that system requests that the part of the CGSA only under the fol- SAB be removed from its CGSA. Such lowing circumstances: request may be made directly to the li- (1) During the five year build-out pe- censee of the overlapping system or to riod of the system in the cellular mar- the FCC. In the event such request is ket containing the extension, the li- made, the licensee of the overlapping censees of systems on the same channel system must reduce the transmitting block in adjacent cellular markets may power or antenna height (or both) at agree that the portion of the service the pertinent cell site as necessary to area of one system that extends into remove the SAB from the CGSA of the unserved areas in the other system’s cellular market is part of the CGSA of other system, unless a written consent the former system. from the licensee of the other system (2) At the end of the five year build- allowing the SAB to remain is ob- out period of the system in the cellular tained. Cellular licensees may enter market containing the extension, the into contracts with the licensees of portion of the service area that extends other cellular systems on the same into unserved areas in another cellular channel block to allow SABs to overlap market becomes part of the CGSA, pro- CGSAs. vided that the licensee of the system so (ii) Cellular licensees are at most en- extended files a system information titled to have a CGSA free of SABs update in accordance with § 22.947(c). from other cellular systems on the (3) For original systems in MSAs, ex- same channel block. tensions of the CGSA authorized by the (e) Unserved areas. Unserved areas are FCC are part of the CGSA to the extent areas outside of all existing CGSAs (on authorized. either of the channel blocks), to which

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the Communications Act of 1934, as of, a cellular system on the same chan- amended, is applicable. nel block in an adjacent cellular market or in the Gulf of Mexico Coastal [59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 63 FR 68951, Dec. 14, Zone (GMCZ), to allow one or more 1998; 67 FR 9609, Mar. 4, 2002; 67 FR 77191, Dec. SAB extensions into the Gulf of Mexico 17, 2002; 68 FR 42295, July 17, 2003] Exclusive Zone. (3) The licensee of the first author- § 22.912 Service area boundary exten- ized cellular system on each channel sions. block in each cellular market may This section contains rules governing enter into a contract with an applicant service area boundary (SAB) exten- for or licensee of a cellular system on sions. SAB extensions are areas outside the same channel block in an adjacent of the cellular market boundary, but cellular market, to allow one or more within the service area as calculated SAB extensions into its CGSA and/or using the methods of § 22.911(a). Cel- unserved area in its cellular market, lular systems must be designed to com- during its five year build-out period. ply with the rules in this section. Ap- (b) Contract extensions. Except as re- plications proposing systems that stricted in paragraph (d) of this sec- would not comply with the rules in this tion, licensees of cellular systems on section are defective. Service within the same channel block in adjacent cel- SAB extensions is not protected from lular markets may, at any time, enter interference or capture under § 22.911(d) into contracts with applicants or other unless and until the area within the licensees to allow SAB extensions into SAB extension becomes a part of the their CGSA only (not into unserved cellular geographic service area areas). Except as restricted in para- (CGSA) in accordance with § 22.911(c). graph (d) of this section, licensees of (a) De minimis extensions. Except as the first authorized cellular systems on otherwise provided in paragraphs (b) the same channel block in adjacent cel- and (d) of this section, SABs may be lular markets may agree to allow SAB extended into adjacent cellular mar- extensions into their CGSA and/or kets if such extensions are de minimis, unserved areas in their cellular mar- are demonstrably unavoidable for tech- kets during the five year build-out pe- nical reasons of sound engineering de- riod of the market into which the SAB sign, and do not extend into the CGSA extends. of any other licensee’s cellular system (c) Same applicant/licensee. Except as on the same channel block, any part of restricted in paragraph (d) of this sec- the Gulf of Mexico Exclusive Zone tion, licensees of cellular systems that (GMEZ), or into any adjacent cellular are also an applicant or licensee on the market on a channel block for which same channel block in adjacent cel- the five year build-out period has ex- lular markets may, at any time, allow pired. or propose SAB extensions from their (b) Contract extensions. Except as oth- adjacent market system into their erwise provided in paragraph (d) of this CGSH only (not into unserved areas). section, cellular system licensees may Except as restricted in paragraph (d) of enter into contracts to allow SAB ex- this section, licensees of the first au- tensions as follows: thorized cellular systems that are also (1) The licensee of any cellular sys- an applicant or licensee on the same tem may, at any time, enter into a channel block in adjacent cellular mar- contract with an applicant for, or li- kets may allow or propose SAB exten- censee of, a cellular system on the sions from their adjacent market sys- same channel block in an adjacent cel- tem into their CGSA and/or unserved lular market, to allow one or more areas in their cellular markets during SAB extensions into its CGSA only the five year build-out period of the (not into unserved area). market into which the SAB extends. (2) The licensee of the first author- (d) Unserved area systems. Phase I ini- ized cellular system on each channel tial cellular applications must not pro- block in the Gulf of Mexico Service pose SAB extensions. Phase I sole Area (GMSA) may enter into a con- major modification applications and tract with an applicant for, or licensee Phase II applications may propose SAB

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extensions, subject to the conditions in § 22.917 Emission limitations for cel- this section. lular equipment. [59 FR 59507, Nov. 17, 1994, as amended at 68 The rules in this section govern the FR 42295, July 17, 2003] spectral characteristics of emissions in the Cellular Radiotelephone Service. § 22.913 Effective radiated power lim- (a) Out of band emissions. The power its. of any emission outside of the author- The effective radiated power (ERP) of ized operating frequency ranges must transmitters in the Cellular Radio- be attenuated below the transmitting telephone Service must not exceed the power (P) by a factor of at least 43 + 10 limits in this section. log(P) dB. (a) Maximum ERP. In general, the ef- (b) Measurement procedure. Compli- fective radiated power (ERP) of base ance with these rules is based on the transmitters and cellular repeaters use of measurement instrumentation must not exceed 500 Watts. However, employing a resolution bandwidth of for those systems operating in areas 100 kHz or greater. In the 1 MHz bands more than 72 km (45 miles) from inter- immediately outside and adjacent to national borders that: the frequency block a resolution band- (1) Are located in counties with popu- width of at least one percent of the lation densities of 100 persons or fewer emission bandwidth of the fundamental emission of the transmitter may be per square mile, based upon the most employed. A narrower resolution band- recently available population statistics width is permitted in all cases to im- from the Bureau of the Census; or, prove measurement accuracy provided (2) Extend coverage on a secondary the measured power is integrated over basis into cellular unserved areas, as the full required measurement band- those areas are defined in § 22.949, the width (i.e. 100 kHz or 1 percent of emis- ERP of base transmitters and cellular sion bandwidth, as specified). The repeaters of such systems must not ex- emission bandwidth is defined as the ceed 1000 Watts. The ERP of mobile width of the signal between two points, transmitters and auxiliary test trans- one below the carrier center frequency mitters must not exceed 7 Watts. and one above the carrier center fre- (b) Height-power limit. The ERP of quency, outside of which all emissions base transmitters must not exceed the are attenuated at least 26 dB below the amount that would result in an aver- transmitter power. age distance to the service area bound- (c) Alternative out of band emission ary of 79.1 kilometers (49 miles) for cel- limit. Licensees in this service may es- lular systems authorized to serve the tablish an alternative out of band Gulf of Mexico MSA and 40.2 kilo- emission limit to be used at specified meters (25 miles) for all other cellular band edge(s) in specified geographical systems. The average distance to the areas, in lieu of that set forth in this service area boundary is calculated by section, pursuant to a private contrac- taking the arithmetic mean of the dis- tual arrangement of all affected licens- tances determined using the procedures ees and applicants. In this event, each specified in § 22.911 for the eight car- party to such contract shall maintain a dinal radial directions. copy of the contract in their station (c) Coordination exemption. Licensees files and disclose it to prospective as- need not comply with the height-power signees or transferees and, upon re- limit in paragraph (b) of this section if quest, to the FCC. the proposed operation is coordinated (d) Interference caused by out of band with the licensees of all affected cel- emissions. If any emission from a trans- lular systems on the same channel mitter operating in this service results in interference to users of another block within 121 kilometers (75 miles) radio service, the FCC may require a and concurrence is obtained. greater attenuation of that emission [59 FR 59507, Nov. 17, 1994, as amended at 69 than specified in this section. FR 75171, Dec. 15, 2004] [67 FR 77191, Dec. 17, 2002]

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§ 22.921 911 call processing proce- § 22.927 Responsibility for mobile sta- dures; 911-only calling mode. tions. Mobile telephones manufactured Mobile stations that are subscribers after February 13, 2000 that are capable in good standing to a cellular system, of operating in the analog mode de- when receiving service from that cel- scribed in the standard document ANSI lular system, are considered to be oper- TIA/EIA–553–A–1999 Mobile Station— ating under the authorization of that Base Station Compatibility Standard cellular system. Cellular system licens- (approved October 14, 1999—available ees are responsible for exercising effec- for purchase from Global Engineering tive operational control over mobile Documents, 15 Inverness East, Engle- stations receiving service through wood, CO 80112), must incorporate a their cellular systems. Mobile stations special procedure for processing 911 that are subscribers in good standing calls. Such procedure must recognize to a cellular system, while receiving when a 911 call is made and, at such service from a different cellular sys- time, must override any programming tem, are considered to be operating in the mobile unit that determines the under the authorization of such dif- handling of a non-911 call and permit ferent system. The licensee of such dif- the call to be transmitted through the ferent system is responsible, during analog systems of other carriers. This such temporary period, for exercising special procedure must incorporate one effective operational control over such or more of the 911 call system selection mobile stations as if they were subscribers to it. processes endorsed or approved by the FCC. § 22.929 Application requirements for [67 FR 77192, Dec. 17, 2002] the Cellular Radiotelephone Serv- ice. § 22.923 Cellular system configuration. In addition to information required Mobile stations communicate with by subparts B and D of this part, appli- and through base transmitters only. cations for authorization in the Cel- Base transmitters communicate with lular Radiotelephone Service contain mobile stations directly or through cel- required information as described in lular repeaters. Auxiliary test stations the instructions to the form. Site co- may communicate with base or mobile ordinates must be referenced to NAD83 ± stations for the purpose of testing and be correct to 1 second. equipment. (a) Administrative information. The following information is required either § 22.925 Prohibition on airborne oper- by FCC Form 601, or as an exhibit: ation of cellular telephones. (1) Location description; city; county; state; geographical coordinates cor- Cellular telephones installed in or rect to ±1 second, the datum used (NAD carried aboard airplanes, balloons or 83), site elevation above mean sea any other type of aircraft must not be level, proximity to adjacent market operated while such aircraft are air- boundaries and international borders; borne (not touching the ground). When (2) Antenna height to tip above any aircraft leaves the ground, all cel- ground level, the height of the center lular telephones on board that aircraft of radiation of the antenna above the must be turned off. The following no- average terrain, the height of the an- tice must be posted on or near each cel- tenna center of radiation above the av- lular telephone installed in any air- erage elevation of the terrain along craft: each of the 8 cardinal radials, antenna ‘‘The use of cellular telephones while gain in the maximum lobe, the beam- this aircraft is airborne is prohibited width of the maximum lobe of the an- by FCC rules, and the violation of this tenna, a polar plot of the horizontal rule could result in suspension of serv- gain pattern of the antenna, the elec- ice and/or a fine. The use of cellular tric field polarization of the wave emit- telephones while this aircraft is on the ted by the antenna when installed as ground is subject to FAA regulations.’’ proposed:

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(3) The channel block requested, the Judge (Presiding Judge) will conduct a maximum effective radiated power, the threshold hearing (step one), in which effective radiated power in each of the both the licensee and the competing cardinal radial directions. applicants will be parties, to determine (b) If the application involves a serv- whether the renewal applicant deserves ice area boundary (SAB) extension a renewal expectancy. If the order des- (§ 22.912 of this chapter), the licensee ignating the applications for hearing must provide a statement as described specifies any basic qualifying issues in § 22.953. against the licensee, those issues will (c) Maps. If the application proposes be tried in this threshold hearing. If a change in the CGSA, it must include the Presiding Judge determines that full size and reduced maps, and sup- the renewal applicant is basically porting engineering, as described in qualified and due a renewal expect- § 22.953 (a)(1) through (a)(3). ancy, the competing applicants will be (d) Antenna Information. Upon request found ineligible for further consider- by an applicant, licensee, or the Com- ation and their applications will be de- mission, a cellular applicant or li- nied. If the Presiding Judge determines censee of whom the request is made shall furnish the antenna type, model, that the renewal applicant does not and the name of the antenna manufac- merit a renewal expectancy but is oth- turer to the requesting party within erwise qualified, then all of the appli- ten (10) days of receiving written noti- cations will be considered in a com- fication. parative hearing (step two). (d) Any competing applicant may re- [63 FR 68951, Dec. 14, 1998, as amended at 64 quest a waiver of the threshold hearing FR 53241, Oct. 1, 1999] (step one), if such applicant dem- § 22.935 Procedures for comparative onstrates that its proposal so far ex- renewal proceedings. ceeds the service already being provided that there would be no purpose in The procedures in this section apply making a threshold determination as to comparative renewal proceedings in to whether the renewal applicant de- the Cellular Radiotelephone Service. (a) If one or more of the applications served a renewal expectancy vis-a-vis competing with an application for re- such a competing applicant. Any such newal of a cellular authorization are waiver request must be filed at the filed, the renewal applicant must file time the requestor’s application is with the Commission its original re- filed. Petitions opposing such waiver newal expectancy showing electroni- requests may be filed. Any such peti- cally via the ULS. This filing must be tions must be filed no later than 30 submitted no later than 60 days after days after the date that the renewal the date of the Public Notice listing as applicant submitted its renewal ex- acceptable for filing the renewal appli- pectancy showing. Replies to any peti- cation and the competing applications. tions opposing such waiver requests (b) Interested parties may file peti- may be filed. Any such replies must be tions to deny any of the mutually ex- filed no later than 15 days after the clusive applications. Any such peti- date that the petition(s) were filed. No tions to deny must be filed no later further pleadings will be accepted. Any than 30 days after the date that the re- waiver request submitted pursuant to newal applicant submitted its renewal this paragraph will be acted upon prior expectancy showing. Applicants may to designating the applications for file replies to any petitions to deny ap- hearing. If a request to waive the plications that are filed. Any such re- threshold hearing (step one) is granted, plies must be filed no later than 15 the renewal expectancy issue will be days after the date that the petition(s) designated as part of the comparative to deny was filed. No further pleadings hearing (step two), and will remain the will be accepted. most important comparative factor in (c) In most instances, the renewal ap- deciding the case, as provided in plication and any competing applica- § 22.940(a). tions will be designated for a two-step (e) If the Presiding Judge issues a procedure. An Administrative Law ruling in the threshold (step one) that

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denies the licensee a renewal expect- specific issues named by the Presiding ancy, all of the applicants involved in Judge. the proceeding will be allowed to file (4) The Presiding Judge will then direct cases no later than 90 days after issue an Initial Decision, preferably the release date of the Presiding within 60 days of receipt of the last Judge’s ruling. Rebuttal cases must be pleadings. If mutually exclusive appli- filed no later than 30 days after the cations are before the Presiding Judge, date that the direct cases were filed. the Presiding Judge will determine (f) The Presiding Judge shall use the which applicant is best qualified. The expedited hearing procedures delin- Presiding Judge may also rank the ap- eated in this paragraph in both thresh- plicants in order of merit if there are old (step one) and comparative (step more than two. two) hearings conducted in compara- (5) Parties will have 30 days in which tive cellular renewal proceedings. to file exceptions to the Initial Deci- (1) The Presiding Judge will schedule sion. a first hearing session as soon as practicable after the date for filing rebuttal [59 FR 59507, Nov. 17, 1994, as amended at 62 evidence. This first session will be an FR 4172, Jan. 29, 1997; 63 FR 68951, Dec. 14, evidentiary admission session at which 1998] each applicant will identify and offer its previously circulated direct and re- § 22.936 Dismissal of applications in buttal exhibits, and each party will cellular renewal proceedings. have an opportunity to lodge objec- Any applicant that has filed an appli- tions. cation in the Cellular Radiotelephone (2) After accepting the exhibits into Service that is mutually exclusive with evidence, the Presiding Judge will en- an application for renewal of a cellular tertain motions to cross-examine and authorization (competing application), rule whether any sponsoring witness and seeks to resolve the mutual exclu- needs to be produced for cross-exam- sivity by requesting dismissal of its ap- ination. plication, must obtain the approval of Determination of what, if any, cross- the FCC. examination is necessary is within the (a) If a competing applicant seeks to sound judicial discretion of the Pre- dismiss its application prior to the Ini- siding Judge, the prevailing standard tial Decision stage of the hearing on its being whether the person requesting application, it must submit to the cross-examination has persuasively Commission a request for approval of demonstrated that written evidence is the dismissal of its application. This ineffectual to develop proof. If cross- request for approval of the dismissal of examination is necessary, the Pre- its application must be submitted and siding Judge will specify a date for the must also include a copy of any agree- appearance of all witnesses. In addi- ment related to the withdrawal or dis- tion, if the designation order points missal, and an affidavit setting forth: out an area where additional under- lying data is needed, the Presiding (1) A certification that neither the Judge will have the authority to per- petitioner nor its principals has re- mit the limited use of discovery proce- ceived or will receive any money or dures. Finally, the Presiding Judge other consideration in excess of legiti- may find that certain additional testi- mate and prudent expenses in exchange mony or cross-examination is needed for the withdrawal or dismissal of the to provide a complete record for the application, except that this provision FCC. If so, the Presiding Judge may does not apply to dismissal or with- schedule a further session. drawal of applications pursuant to bona (3) After the hearing record is closed, fide merger agreements; the Presiding Judge may request Pro- (2) The exact nature and amount of posed Findings of Fact and Conclusions any consideration received or prom- of Law to be filed no later than 30 days ised; after the final hearing session. Replies (3) An itemized accounting of the ex- are not permitted except in unusual penses for which it seeks reimburse- cases and then only with respect to the ment; and

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(4) The terms of any oral agreement filed, appropriate documentation dem- related to the withdrawal or dismissal onstrating that its proposed antenna of the application. site(s) will be available. Competing ap- (b) In addition, within 5 days of the plications that do not include such doc- filing date of the applicant or peti- umentation will be dismissed. If the tioner’s request for approval, each re- competing applicant does not own a maining party to any written or oral particular site, it must, at a minimum agreement must submit an affidavit demonstrate that the site is available setting forth: to it by providing a letter from the (1) A certification that neither the owner of the proposed antenna site ex- applicant nor its principals has paid or pressing the owner’s intent to sell or will pay money or other consideration lease the proposed site to the appli- in excess of the legitimate and prudent cant. If any proposed antenna site is expenses of the petitioner in exchange under U.S. Government control, the ap- for withdrawing or dismissing the applicant must submit written confirma- plication; and tion of the site’s availability from the (2) The terms of any oral agreement appropriate Government agency. Appli- relating to the withdrawal or dismissal cants which file competing applica- of the application. tions against incumbent cellular li- (c) For the purposes of this section: censees may not rely on the assump- (1) Affidavits filed pursuant to this tion that an incumbent licensee’s an- section must be executed by the filing tenna sites are available for their use. party, if an individual, a partner having personal knowledge of the facts, if § 22.940 Criteria for comparative cel- a partnership, or an officer having per- lular renewal proceedings. sonal knowledge of the facts, if a cor- This section sets forth criteria to be poration or association. (2) Applications are deemed to be used in comparative cellular renewal pending before the FCC from the time proceedings. The ultimate issue in the application is filed with the FCC comparative renewal proceedings will until such time as an order of the FCC be to determine, in light of the evi- granting, denying or dismissing the ap- dence adduced in the proceeding, what plication is no longer subject to recon- disposition of the applications would sideration by the FCC or to review by best serve the public interest, conven- any court. ience and necessity. (3) ‘‘Legitimate and prudent ex- (a) Renewal expectancies. The most penses’’ are those expenses reasonably important comparative factor to be incurred by a party in preparing to file, considered in a comparative cellular filing, prosecuting and/or settling its renewal proceeding is a major pref- application for which reimbursement is erence, commonly referred to as a ‘‘re- sought. newal expectancy.’’ (4) ‘‘Other consideration’’ consists of (1) The cellular renewal applicant in- financial concessions, including, but volved in a comparative renewal pro- not limited to, the transfer of assets or ceeding will receive a renewal expect- the provision of tangible pecuniary ancy, if its past record for the relevant benefit, as well as non-financial con- license period demonstrates that: cessions that confer any type of benefit (i) The renewal applicant has pro- on the recipient. vided ‘‘substantial’’ service during its past license term. ‘‘Substantial’’ serv- [59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998] ice is defined as service which is sound, favorable, and substantially above a § 22.939 Site availability requirements level of mediocre service which just for applications competing with cel- might minimally warrant renewal; and lular renewal applications. (ii) The renewal applicant has sub- In addition to the other requirements stantially compiled with applicable set forth in this part for initial cellular FCC rules, policies and the Commu- applications, any application com- nications Act of 1934, as amended. peting against a cellular renewal appli- (2) In order to establish its right to a cation must contain, when initially renewal expectancy, a cellular renewal

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applicant involved in a comparative re- facilities (including switching capabili- newal proceeding must submit a show- ties); and ing explaining why it should receive a (4) To determine on a comparative renewal expectancy. At a minimum, basis each applicant’s past perform- this showing must include. ance in the cellular industry or an- (i) A description of its current service other business of comparable type and in terms of geographic coverage and size. population served, as well as the sys- (c) Additional showings for competing tem’s ability to accommodate the applications. With respect to evidence needs of roamers; introduced pursuant to paragraph (b)(3) (ii) An explanation of its record of ex- of this section, any applicant filing a pansion, including a timetable of the competing application against a cel- construction of new cell sites to meet lular renewal application (competing changes in demand for cellular service; applicant) who claims a preference for (iii) A description of its investments offering any service not currently of- in its cellular system; and fered by the incumbent licensee must (iv) Copies of all FCC orders finding demonstrate that there is demand for the licensee to have violated the Com- that new service and also present a munications Act or any FCC rule or business plan showing that the com- policy; and a list of any pending pro- peting applicant can operate the sys- ceedings that relate to any matter de- tem economically. Any competing applicant who proposes to replace analog scribed in this paragraph. technology with digital technology (3) In making its showing of entitle- will receive no credit for its proposal ment to a renewal expectancy, a re- unless it submits a business plan show- newal applicant may claim credit for ing how it will operate its system eco- any system modification applications nomically and how it will provide more that were pending on the date it filed comprehensive service than does the its renewal application. Such credit incumbent licensee with existing and will not be allowed if the modification implemented cellular technology. application is dismissed or denied. (b) Additional comparative issues. The § 22.943 Limitations on transfer of con- following additional comparative trol and assignment for authoriza- issues will be included in comparative tions issued as a result of a com- cellular renewal proceedings, if a full parative renewal proceeding. comparative hearing is conducted pur- Except as otherwise provided in this suant to § 22.935(c). section, the FCC does not accept appli- (1) To determine on a comparative cations for consent to transfer of con- basis the geographic areas and popu- trol or for assignment of the authoriza- lation that each applicant proposes to tion of a cellular system that has been serve; to determine and compare the acquired by the current licensee for the relative demand for the services pro- first time as a result of a comparative posed in said areas; and to determine renewal proceeding until the system and compare the ability of each appli- has provided service to subscribers for cant’s cellular system to accommodate at least three years. the anticipated demand for both local (a) The FCC may accept and grant and roamer service; applications for consent to transfer of (2) To determine on a comparative control or for assignment of the au- basis each applicant’s proposal for ex- thorization of a cellular system that is panding its system capacity in a co- to be transferred as a part of a bona ordinated manner in order to meet an- fide sale of an on-going business to ticipated increasing demand for both which the cellular operation is inci- local and roamer service; dental. (3) To determine on a comparative (b) The FCC may accept and grant basis the nature and extent of the serv- applications for consent to transfer of ice proposed by each applicant, includ- control or for assignment of the au- ing each applicant’s proposed rates, thorization of a cellular system that is charges, maintenance, personnel, prac- to be transferred as a result of the tices, classifications, regulations and death of the licensee.

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(c) The FCC may accept and grant ginning on the date the authorization applications for consent to transfer of is granted. control or for assignment of authoriza- [67 FR 9609, Mar. 4, 2002, as amended at 67 FR tion if the transfer or assignment is 77192, Dec. 17, 2002] pro forma and does not involve a change in ownership. § 22.947 Five year build-out period. [67 FR 77192, Dec. 17, 2002] Except for systems authorized in the Gulf of Mexico Exclusive Zone, the li- § 22.946 Service commencement and censee of the first cellular system au- construction systems. thorized on each channel block in each cellular market is afforded a five year (a) Commencement of service. New cel- period, beginning on the date the ini- lular systems must be at least partial authorization for the system is tially constructed and begin providing granted, during which it may expand cellular service to subscribers within the system within that market. the service commencement periods (a) Exclusive right to expand within specified in Table H–1 of this section. market. Except as provided in para- Service commencement periods begin graph (b) of this section, the FCC does on the date of grant of the initial au- not accept applications for authority thorization, and are not extended by to operate a new cellular system in any the grant of subsequent authorizations unserved area in a market on a channel for the cellular system (such as for block during the five year build-out pe- major modifications). The licensee riod. must notify the FCC (FCC Form 601) (b) Partitioned markets. During the after the requirements of this section five-year build-out period, the licensee of the first cellular system on each are met (see § 1.946 of this chapter). channel block in each market may enter into contracts with eligible par- TABLE H–1—COMMENCEMENT OF SERVICE ties, allowing such parties to apply by using FCC Form 601 for a new cellular Type of cellular system Required to commence service in system in that channel block within The first system authorized on each 36 months. the market. The FCC may grant such channel block in markets 1–90. applications if they are in compliance The first system authorized on each 18 months. with the rules in this part. Markets channel block in all other markets with two or more authorized cellular and any subsequent systems authorized pursuant to contracts in systems on the same channel block partitioned markets. during the five year build-out period The first system authorized on each No requirement. are referred to (with respect to the af- channel block in the Gulf of Mex- fected channel block) as ‘‘partitioned ico Exclusive Zone. markets’’. All other systems ...... 12 months. (1) Partitioning contracts must de- (b) To satisfy this requirement, a cel- fine the CGSA of the subsequent cellular system must be interconnected lular system in accordance with § 22.911, including any expansion rights with the public switched telephone net- ceded. If not exercised, any such expan- work (PSTN) and must be providing sion rights terminate at the end of the service to mobile stations operated by five year build-out period. its subscribers and roamers. A cellular (2) The five year build-out period be- system is considered to be providing gins on the date the initial authoriza- service only if mobile stations can tion for the first cellular system is originate telephone calls to and receive granted, and is not extended or affected telephone calls from wireline tele- in any way by the initial authorization phones through the PSTN. of any subsequent cellular systems pur- (c) Construction period for specific fa- suant to paragraph (b) of this section. cilities. The construction period appli- (c) System information update. Sixty cable to specific new or modified cel- days before the end of the five year lular facilities for which a separate au- build-out period, the licensee of each thorization is granted is one year, be- cellular system authorized on each channel block in each cellular market

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must file, in triplicate, a system infor- the full-size map are clearly depicted mation update (SIU), comprising a full and labeled. size map, a reduced map, and an ex- [59 FR 59507, Nov. 17, 1994, as amended at 59 hibit showing technical data relevant FR 59954, Nov. 21, 1994; 63 FR 68951, Dec. 14, to determination of the system’s 1998; 67 FR 13225, Mar. 21, 2002; 67 FR 9609, CGSA. Separate maps must be sub- Mar. 4, 2002; 70 FR 61058, Oct. 20, 2005] mitted for each market into which the CGSA extends, showing the extension § 22.948 Partitioning and area in the adjacent market. Maps Disaggregation. showing extension areas must be la- (a) Eligibility—(1) Generally. Parties beled (i.e. marked with the market seeking approval for partitioning and number and channel block) for the disaggregation shall request an author- market into which the CGSA extends. ization for partial assignment of a li- SIUs must accurately depict the rel- cense pursuant to § 1.948 of this chap- evant cell locations and coverage of ter. Cellular licensees may partition or the system at the end of the five year disaggregate their spectrum to other build-out period. SIUs must be filed at qualified entities. the Federal Communications Commis- (2) Partitioning. During the five year sion, Wireless Telecommunications Bu- build-out period, as defined in § 22.947, reau, Mobility Division, 445 12th cellular licensees may partition any Street, SW., Washington, DC 20554. If portion of their cellular market to any changes to the system occur after other qualified entities. After the five the filing of the SIU, but before the end year build-out period, cellular licensees of the five year build-out period, the li- and unserved area licensees may parti- censee must file, in triplicate, addition any portion of their Cellular Geo- tional maps and/or data as necessary to graphic Service Area (CGSA), as de- insure that the cell locations and cov- fined by § 22.911, to other qualified enti- erage of the system as of the end of the ties but may not partition unserved five year build-out period are accu- portions of their cellular market. rately depicted. (3) Disaggregation. After the five year (1) The scale of the full-size map build-out period, as defined in § 22.947, must be 1:500,000, regardless of whether parties obtaining disaggregated spec- any different scale is used for the re- trum may only use such spectrum in duced map. The map must have a leg- that portion of the cellular market en- end, a distance scale and correctly la- compassed by the original licensee’s beled latitude and longitude lines. The CGSA and may not use such spectrum map must be clear and legible. The to provide service to unserved portions map must accurately show the cell of the cellular market. sites (transmitting antenna locations) (b) Disaggregation. Cellular licensees which determine the CGSA, the entire and unserved area licensees may CGSA, any extension of the composite disaggregate spectrum in any amount. service are boundary beyond the CGSA (c) Combined partitioning and (see § 22.911) and the relevant portions disaggregation. The Commission will of the cellular market boundary. The consider requests for partial assign- date on which the map depictions are ment of cellular licenses that propose accurate must appear on the map. combinations of partitioning and (2) The reduced map must be a pro- disaggregation. 1 × portional reduction, to 8 ⁄2 11 inches, of (d) License Term. The license term for the full-size map required in paragraph the partitioned license area and for (c)(1) of this section, unless it proves to disaggregated spectrum shall be the re- be impractical to depict the entire mainder of the original cellular licens- market by reducing the full-size map. ee’s or the unserved area licensee’s li- 1 × In such instance, an 8 ⁄2 11 inch map of cense term. a different scale may be substituted, provided that the required features of [65 FR 37057, June 13, 2000, as amended at 70 FR 61059, Oct. 20, 2005]

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§ 22.949 Unserved area licensing proc- tive bidding procedures in accordance ess. with subpart Q of part 1 of this chapter. This section sets forth the process for After such procedures, the application licensing unserved areas in cellular of the winning bidder may be granted markets on channel blocks for which and the applications excluded by that the five year build-out period has ex- grant may be dismissed without preju- pired. This process has two phases: dice. Phase I and Phase II. This section also NOTE: Notwithstanding the provisions of sets forth the Phase II process applica- § 22.949(a)(2), mutually exclusive Phase I ini- ble to applications to serve the Gulf of tial applications that were filed between Mexico Coastal Zone. March 10, 1993 and July 25, 1993, inclusive, (a) Phase I. Phase I is a one-time are to be included in a random selection process that provides an opportunity process, following which the selected appli- for eligible parties to file competing cation may be granted and the applications applications for authority to operate a excluded by that grant may be dismissed new cellular system in or to expand an without prejudice. existing cellular system into unserved (3) Phase I major modification appli- areas (Phase I initial applications) as cations (applications filed during soon as these areas become available. Phase I that propose major modifica- In addition, each licensee whose Phase tions to cellular systems authorized by I initial application is granted is af- the grant of Phase I initial applica- forded one opportunity during the tions) must be filed no later than 90 Phase I process to file an application days after the grant of the Phase I ini- proposing major modifications to the tial application. Each Phase I licensee cellular system authorized by that may file only one Phase I major modi- grant (a Phase I major modification ap- fication application. The FCC will not plication), without being subject to accept any competing applications in competing applications. response to a Phase I major modifica- (1) Phase I initial applications must tion application. Phase I licensees may be filed on the 31st day after the expi- not sell to a third party any rights to ration of the five year build-out period apply for unserved area. of the authorized system(s) on the (i) Phase I major modification appli- channel block requested in the market cations may propose de minimis or con- containing the unserved area. tract SAB extensions; provided that a (i) Each Phase I application must re- contract SAB extension into an adja- quest authorization for one and only one cellular geographic service area cent market may be proposed only if, (CGSA) in one and only one cellular at the time the Phase I major modi- market. fication application is filed, the li- (ii) Applicants must not file more censee in the adjacent market (on the than one Phase I initial application for requested channel block) has the right any cellular market. to enter into such a contract (see (iii) Phase I initial applications must § 22.912(c)). not propose any de minimis or contract (ii) Phase I major modification appli- service area boundary (SAB) exten- cation may propose a CGSA that is not sions. contiguous with the authorized or pro- (2) Only one Phase I initial applica- posed CGSA, provided that the non- tion is granted on each channel block contiguous CGSA meets the minimum in each market. Consequently, when- coverage requirement of § 22.951. ever two or more acceptable Phase I (4) Phase I licensees may also file ap- initial applications are timely filed in plications for or notifications of minor the same market on the same channel modifications to its system. However, block, such Phase I initial applications such minor modifications may not re- are mutually exclusive, regardless of duce the size of the CGSA below the any other considerations such as the minimum coverage requirement of technical proposals. In order to deter- § 22.951. mine which of such mutually exclusive (b) Phase II. Phase II is an on-going Phase I initial applications to grant, filing process that allows eligible par- the Commission administers competi- ties to apply for any unserved areas

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that may remain in a market after the the conclusion of the competitive bid- Phase I process is complete. ding process. (1) If a Phase I initial application is (2) The FCC will not accept major granted for a market and channel amendments to Phase I applications. block, Phase II applications (applica- (3) Minor amendments required by tions for authority to operate a cel- § 1.65 of this chapter must be filed no lular system in any remaining later than thirty (30) days after public unserved area) for that market and notice announcing the results of the channel block may be filed on or after competitive bidding process. the 121st day after the Phase I applica- [59 FR 59507, Nov. 17, 1994, as amended at 59 tion was granted. If no Phase I initial FR 59956, Nov. 21, 1994; 61 FR 58339, Nov. 14, applications are granted for a market 1996; 67 FR 9610, Mar. 4, 2002; 70 FR 61059, Oct. and channel block, Phase II applica- 20, 2005] tions for that market and channel block may be filed on or after the 31st § 22.950 Provision of service in the Gulf of Mexico Service Area (GMSA) day after the FCC dismissed the last pending Phase I application. If no The GMSA has been divided into two Phase I initial applications are re- areas for licensing purposes, the Gulf of ceived for a market and channel block, Mexico Exclusive Zone (GMEZ) and the Phase II applications for that market Gulf of Mexico Coastal Zone (GMCZ). and channel block may be filed on or This section describes these areas and after the 32nd day after the expiration sets forth the process for licensing fa- of the relevant five-year build-out pe- cilities in these two respective areas riod. within the GMSA. (2) There is no limit to the number of (a) The GMEZ and GMCZ are defined Phase II applications that may be as follows: granted on each channel block in each (1) Gulf of Mexico Exclusive Zone. The market. Consequently, Phase II appli- geographical area within the Gulf of cations are mutually exclusive only if Mexico Service Area that lies between the coastline line and the southern de- the proposed CGSAs would overlap. marcation line of the Gulf of Mexico Mutually exclusive applications are Service Area, excluding the area com- processed using the general procedures prising the Gulf of Mexico Coastal in § 22.131. Zone. (3) Phase II applications may propose (2) Gulf of Mexico Coastal Zone. The a CGSA covering more than one cel- geographical area within the Gulf of lular market. Each Phase II applica- Mexico Service Area that lies between tion must request authorization for the coast line of Florida and a line ex- one and only one CGSA. Phase II appli- tending approximately twelve nautical cations may propose de minimis and miles due south from the coastline contract SAB extensions. boundary of the States of Florida and (c) Settlements among some, but not Alabama, and continuing along the all, applicants with mutually exclusive west coast of Florida at a distance of applications for unserved areas (partial twelve nautical miles from the shore- settlements) are prohibited. Settle- line. The line is defined by Great Circle ments among all applicants with mutu- arcs connecting the following points ally exclusive applications (full settle- (geographical coordinates listed as ments) are allowed and must be filed North Latitude, West Longitude) con- no later than the date that the FCC secutively in the order listed: Form 175 (short-form) is filed. (i) 30°16′49″ N 87°31′06″ W (d) Limitations on amendments. Not- (ii) 30°04′35″ N 87°31′06″ W withstanding the provisions of § 1.927 of (iii) 30°10′56″ N 86°26′53″ W this chapter, Phase I applications are (iv) 30°03′00″ N 86°00′29″ W subject to the following additional lim- (v) 29°33′00″ N 85°32′49″ W itations in regard to the filing of (vi) 29°23′21″ N 85°02′06″ W amendments. (vii) 29°49′44″ N 83°59′02″ W (1) The Commission will not accept (viii) 28°54′00″ N 83°05′33″ W amendments (of any type) to mutually (ix) 28°34′41″ N 82°53′38″ W exclusive Phase I applications prior to (x) 27°50′39″ N 83°04′27″ W

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(xi) 26°24′22″ N 82°23′22″ W § 22.953 Content and form of applica- (xii) 25°41′39″ N 81°49′40″ W tions. (xiii) 24°59′02″ N 81°15′04″ W Applications for authority to operate (xiv) 24°44′23″ N 81°57′04″ W a cellular system in an unserved area (xv) 24°32′37″ N 82°02′01″ W must comply with the specifications in (b) Service Area Boundary Calculation. this section. The service area boundary of a cell site (a) Applications for authority to op- located within the Gulf of Mexico Serv- erate a cellular system in an unserved ice Area is calculated pursuant to area must include the following infor- § 22.911(a)(2). Otherwise, the service mation in addition to the requirements area boundary is calculated pursuant specified in §§ 1.919, 1.923 and 1.924. The to §§ 22.911(a)(1) or 22.911(b). following exhibits must be set off by (c) Operation within the Gulf of Mex- tabs and numbered as follows: ico Exclusive Zone (GMEZ). GMEZ li- (1) Exhibit I—full-size map. The scale censees have exclusive right to provide of the full-size map must be 1:500,000, service in the GMEZ, and may add, regardless of whether any different modify, or remove facilities anywhere scale is used for the reduced map required in Exhibit II. The map must within the GMEZ without prior Com- have a legend, a distance scale and cor- mission approval. There is no five-year rectly labeled latitude and longitude buildout period for GMEZ licensees, no lines. The map must be clear and leg- requirement to file system information ible. The map must accurately show update maps pursuant to § 22.947, and the cell sites (transmitting antenna lo- no unserved area licensing procedure cations), the entire CGSA, any exten- for the GMEZ. sion of the composite service area (d) Operation within the Gulf of Mex- boundary beyond the CGSA (see § 22.911) ico Coastal Zone (GMCZ). The GMCZ is and the relevant portions of the cel- subject to the Phase II unserved area lular market boundary. licensing procedures set forth in (2) Exhibit II—reduced map. This map § 22.949(b). must be a proportional reduction, to 81⁄2 × 11 inches, of the full-size map re- [67 FR 9610, Mar. 4, 2002] quired for Exhibit I, unless it proves to § 22.951 Minimum coverage require- be impractical to depict the entire cel- ment. lular market by reducing the full-size map. In such instance, an 81⁄2×11 inch Applications for authority to operate map of a different scale may be sub- a new cellular system in an unserved stituted, provided that the required area, other than those filed by the li- features of the full-size map are clearly censee of an existing system that abuts depicted and labeled. the unserved area, must propose a con- (3) Exhibit III—engineering. This ex- tiguous cellular geographical service hibit must contain the data and meth- area (CGSA) of at least 130 square kilo- odology used to calculate the CGSA meters (50 square miles). Area within and service area boundary. contract SAB extensions counts toward (4) Exhibit IV—channel plan. This ex- the minimum coverage requirement. hibit must show which specific chan- However, area within de minimis SAB nels (or groups) are to be used at each extensions does not count toward the cell site. Any necessary table for con- minimum coverage requirement. Appli- verting channel numbers to center fre- cations for authority to operate a new quencies must be provided. cellular system in an unserved area, (5) [Reserved] other than those filed by the licensee (6) Exhibit VI—service proposal. This of an existing system that abuts the exhibit must describe the services pro- unserved area, must not propose cov- posed for subscribers and roamers, in- erage of water areas only (or water cluding the proposed method for han- areas and uninhabited islands or reefs dling complaints. only), except for unserved areas in the (7) Exhibit VII—cellular design. This Gulf of Mexico MSA. exhibit must show that the proposed system design complies with cellular

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system design concepts, and must de- the SAB extends into any unserved scribe the method proposed to expand area in that market. the system in a coordinated fashion as [59 FR 59507, Nov. 17, 1994, as amended at 59 necessary to address changing demand FR 59954, Nov. 21, 1994; 63 FR 68951, Dec. 14, for cellular service. 1998; 64 FR 53241, Oct. 1, 1999; 70 FR 61059, (8) Exhibit VIII—blocking level. This Oct. 20, 2005] exhibit must disclose the blocking § 22.955 Canadian condition. probability or other criteria to be used to determine whether it is necessary to Pursuant to an agreement between take measures to increase system ca- the FCC and the Department of Com- pacity to maintain service quality. munications in Canada, authorizations (9) Exhibit IX—start-up expenses. This for cellular systems within 72 kilo- exhibit must disclose in detail the pro- meters (45 miles) of the U.S.-Canadian border must have the following condi- jected cost of construction and other tion attached: initial expenses of the proposed system, and how the applicant intends to This authorization is subject to the condi- meet these expenses and the costs of tion that, in the event that cellular systems operation for the first year. using the same channel block as granted herein are authorized in adjacent territory (10) Exhibit X—interconnection ar- in Canada, coordination of any of your trans- rangements. This exhibit is required for mitter installations which are within 72 kilo- applicants that provide public landline meters (45 miles) of the U.S.-Canadian border message telephone service in any por- shall be required to eliminate any harmful tion of the proposed CGSA. This ex- interference that might otherwise exist and to insure continuance of equal access to the hibit must describe exactly how the channel block by both countries. proposed system would interconnect with the landline network. The descrip- § 22.957 Mexican condition. tion must be of sufficient detail to en- Pursuant to an agreement between able a competitor to connect with the the United States and Mexico, FCC au- landline system in exactly the same thorizations for cellular systems with- manner, if the competitor so chooses. in 72 kilometers (45 miles) of the (b) Existing systems—major modifica- United States-Mexican border must tions. Licensees making major modi- have the following condition attached: fications pursuant to § 1.929(a) and (b) This authorization is subject to the condi- of this chapter, must file FCC Form 601 tion that, in the event cellular systems using and need only contain the exhibits re- the same frequencies granted herein are au- quired by paragraphs (a)(1) through thorized in adjacent territory in Mexico, co- (a)(3) of this section. ordination of your transmitter installations (c) Existing systems—minor modifica- which are within 72 kilometers (45 miles) of the United States-Mexico border shall be re- tions. Licensees making minor modi- quired to eliminate any harmful interference fications pursuant to § 1.929(k) of this that might otherwise exist and to ensure chapter—in which the modification continuance of equal access to the fre- causes a change in the CGSA boundary quencies by both countries. The operator of (including the removal of a transmitter this system shall not contract with cus- or transmitters)—must notify the FCC tomers in Mexico, and further, users of the system must be advised that operation of a (using FCC Form 601) and include full- mobile unit in Mexico is not permitted at sized maps, reduced maps, and sup- this time without the express permission of porting engineering exhibits as de- the Mexican government. The above condi- scribed in paragraphs (a)(1) through (3) tions are subject to modification pending of this section. If the modification in- further notice from the FCC. volves a contract SAB extension, it § 22.959 Rules governing processing of must include a statement as to wheth- applications for initial systems. er the five-year build-out for the sys- Pending applications for authority to tem on the relevant channel block in operate the first cellular system on a the market into which the SAB ex- channel block in an MSA or RSA mar- tends has elapsed, and as to whether ket continue to be processed under the rules governing the processing of such

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applications that were in effect when ceiver section of the transceiver equal those applications were filed, unless to, or exceeding, the minimum stand- the Commission determines otherwise ards set out in paragraph (b) of this in a particular case. section, below; and; (B) Receiving an undesired signal or § 22.960 Cellular unserved area radio- signals which cause the measured Car- telephone licenses subject to competitive bidding. rier to Noise plus interference (C/(I+N)) ratio of the receiver section of said Mutually exclusive initial applica- transceiver to be less than 20 dB, or, tions for cellular unserved area Phase I (iii) Is a non-voice transceiver receiv- and Phase II licenses filed after July ing an undesired signal or signals 26, 1993 are subject to competitive bid- which cause the measured bit error ding. The general competitive bidding rate (BER) (or some comparable speci- procedures set forth in part 1, subpart fication) of the receiver section of said Q of this chapter will apply unless oth- transceiver to be more than the value erwise provided in this subpart. reasonably designated by the manufac- [67 FR 45367, July 9, 2002] turer. (2) Provided, however, that if the re- §§ 22.961–22.967 [Reserved] ceiver section of the mobile or portable § 22.969 Cellular RSA licenses subject voice transceiver does not conform to to competitive bidding. the standards set out in paragraph (b) of this section, then that transceiver Mutually exclusive applications for shall be deemed subject to unaccept- initial authorization for the following able interference only at sites where Cellular Rural Service Areas filed after the median desired signal satisfies the the effective date of this rule are sub- applicable threshold measured signal ject to competitive bidding procedures power in paragraph (a)(1)(i) of this sec- as prescribed by Sections 22.228 and 22.229: 332A—Polk, AR; 582A—Barnes, tion after an upward adjustment to ac- ND; 672A—Chambers, TX; and 727A— count for the difference in receiver sec- Ceiba, PR. tion performance. The upward adjustment shall be equal to the increase in [67 FR 11434, Mar. 14, 2002] the desired signal required to restore the receiver section of the subject § 22.970 Unacceptable interference to transceiver to the 20 dB C/(I+N) ratio of part 90 non-cellular 800 MHz licensees from cellular radiotelephone or paragraph (a)(1)(ii)(B) of this section. part 90–800 MHz cellular systems. The adjusted threshold levels shall then define the minimum measured (a) Definition. Except as provided in signal power(s) in lieu of paragraphs 47 CFR 90.617(k), unacceptable inter- (a)(1)(i) of this section at which the li- ference to non-cellular part 90 licensees censee using such non-compliant trans- in the 800 MHz band from cellular ra- ceiver is entitled to interference pro- diotelephone or part 90–800 MHz cellular systems will be deemed to occur tection. when the below conditions are met: (b) Minimum receiver requirements. (1) A transceiver at a site at which Voice transceivers capable of operating interference is encountered: in the 806–824 MHz portion of the 800 (i) Is in good repair and operating MHz band shall have the following min- condition, and is receiving: imum performance specifications in (A) A median desired signal of ¥104 order for the system in which such dBm or higher, as measured at the R.F. transceivers are used to claim entitle- input of the receiver of a mobile unit; ment to full protection against unac- or ceptable interference (See paragraph (B) A median desired signal of ¥101 (a) (2) of this section). dBm or higher, as measured at the R.F. (1) Voice units intended for mobile input of the receiver of a portable i.e. use: 75 dB intermodulation rejection hand-held unit; and, either ratio; 75 dB adjacent channel rejection (ii) Is a voice transceiver: ratio; ¥116 dBm reference sensitivity. (A) With manufacturer published per- (2) Voice units intended for portable formance specifications for the re- use: 70 dB intermodulation rejection

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ratio; 70 dB adjacent channel rejection from a public safety/CII licensee shall ratio; ¥116 dBm reference sensitivity. respond to such complaint consistent with the interference resolution proce- [69 FR 67834, Nov. 22, 2004, as amended at 70 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, 800 MHz band, as defined in § 22.970, as soon as possible and no later than 24 such licensees shall be jointly and sev- hours after receipt of notification from erally responsible for abating inter- a part 90 public safety/CII licensee. ference, with full cooperation and ut- This response time may be extended to most diligence, in the shortest prac- 48 hours after receipt from other part ticable time. 90 non-cellular licensees provided af- (1) This joint and several responsi- fected communications on these sys- bility rule requires interfering licens- tems are not safety related. ees to consider all feasible interference (b) Interference analysis. Cellular Ra- abatement measures, including, but diotelephone licensees—who receive an not limited to, the remedies specified initial notification described in in the interference resolution proce- § 90.674(a) of this chapter—shall per- dures set forth in § 22.972(c). This joint form a timely analysis of the inter- and several responsibility rule applies ference to identify the possible source. to all forms of interference, including Immediate on-site visits may be con- out-of-band emissions and intermodu- ducted when necessary to complete lation. timely analysis. Interference analysis (2) Any licensee that can show that must be completed and corrective ac- its signal does not directly or indi- tion initiated within 48 hours of the rectly, cause or contribute to causing initial complaint from a part 90 of this unacceptable interference to a non-cel- chapter public safety/CII licensee. This lular part 90 of this chapter licensee in response time may be extended to 96 the 800 MHz band, as defined in this hours after the initial complaint from chapter, shall not be held responsible other part 90 of this chapter non-cel- for resolving unacceptable inter- lular licensees provided affected com- ference. Notwithstanding, any licensee munications on these systems are not that receives an interference complaint safety related. Corrective action may

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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 ination 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; may include, but not be limited to, the (iv) Is not proffered by a contractor following techniques: or other third party; and (i) Increasing the desired power of (v) Has been approved by the Chief of the public safety/CII signal; the Public Safety and Homeland Secu- (ii) Decreasing the power of the part rity Bureau or other designated Com- 90 ESMR and/or Cellular Radio- mission official. Prior to the author- telephone system signal; ized official making a determination (iii) Modifying the part 90 ESMR and/ that a clear and imminent danger ex- or Cellular Radiotelephone system an- ists, the associated written statement tenna height; must be served by hand-delivery or (iv) Modifying the part 90 ESMR and/ receipted fax on the applicable offend- or Cellular Radiotelephone system an- ing licensee, with a copy transmitted tenna characteristics; by the fastest available means to the (v) Incorporating filters into part 90 Washington, DC office of the Commis- ESMR and/or Cellular Radiotelephone sion’s Public Safety and Homeland Se- transmission equipment; curity Bureau. (vi) Permanently changing part 90 [69 FR 67834, Nov. 22, 2004, as amended at 70 ESMR and/or Cellular Radiotelephone FR 76707, Dec. 28, 2005; 71 FR 69038, Nov. 29, frequencies; and 2006] (vii) Supplying interference-resistant receivers to the affected public safety/ § 22.973 Information exchange. CII licensee(s). If this technique is (a) Prior notification. Public safety/CII used, in all circumstances, Cellular Ra- licensees may notify a part 90 ESMR or diotelephone and/or part 90 of this cellular radiotelephone licensee that chapter ESMR licensees shall be re- they wish to receive prior notification sponsible for all costs thereof. of the activation or modification of (2) Whenever short-term interference part 90 ESMR or cellular radio- abatement measures prove inadequate, telephone cell sites in their area.

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Thereafter, the part 90 ESMR or cel- § 22.1005 Priority of service. lular radiotelephone licensee must pro- Facilities in the Offshore Radio- vide the following information to the telephone Service are intended pri- public safety/CII licensee at least 10 marily for rendition of public message business days before a new cell site is service between offshore subscriber and activated or an existing cell site is central stations. However, they may modified: also be used to render private leased (1) Location; line communication service, provided (2) Effective radiated power; that such usage does not reduce or im- (3) Antenna height; pair the extent or quality of commu- (4) Channels available for use. nication service which would be avail- (b) Purpose of prior notification. The able, in the absence of private leased prior coordination of cell sites is for in- line service, to the general public re- formational purposes only. Public safe- ceiving or subsequently requesting ty/CII licensees are not afforded the public message service from an off- right to accept or reject the activation shore central station. of a proposed cell or to unilaterally require changes in its operating param- § 22.1007 Channels for offshore radio- eters. The principal purposes of notifi- telephone systems. cation are to: The channels listed in this section (1) Allow a public safety licensee to are allocated for paired assignment to advise the part 90 of this chapter transmitters located in the specified ESMR or Cellular Radiotelephone li- geographical zones that provide off- censee whether it believes a proposed shore radiotelephone service. All chan- cell will generate unacceptable inter- nels have a bandwidth of 20 kHz and ference; are designated by their center fre- (2) Permit Cellular Radiotelephone or quencies in MegaHertz. part 90 of this chapter ESMR licensees (a) Zone A—Southern Louisiana. The to make voluntary changes in cell pa- geographical area in Zone A is bounded rameters when a public safety licensee as follows: alerts them to possible interference; and From longitude W.87°45′ on the East to lon- (3) Rapidly identify the source if in- gitude W.94°00′ on the West and from the 4.8 terference is encountered when the cell kilometer (3 mile) limit along the Gulf of Mexico shoreline on the North to the limit of is activated. the Outer Continental Shelf on the South. [69 FR 67834, Nov. 22, 2004] (1) These channels may be assigned for use by offshore central (base/fixed) Subpart I—Offshore or subscriber stations (fixed, tem- Radiotelephone Service porary fixed, surface and/or airborne mobile) as indicated, for voice-grade § 22.1001 Scope. general communications: The rules in this subpart govern the Central Subscriber Central Subscriber licensing and operation of offshore radiotelephone stations. The licensing 488.025 ...... 491.025 488.225 ...... 491.225 and operation of these stations and 488.050 ...... 491.050 488.250 ...... 491.250 systems is also subject to rules else- 488.075 ...... 491.075 488.275 ...... 491.275 488.100 ...... 491.100 488.300 ...... 491.300 where in this part that apply generally 488.125 ...... 491.125 488.325 ...... 491.325 to the public mobile services. However, 488.150 ...... 491.150 488.350 ...... 491.350 in case of conflict, the rules in this 488.175 ...... 491.175 488.375 ...... 491.375 subpart govern. 488.200 ...... 491.200 488.400 ...... 491.400

§ 22.1003 Eligibility. (2) These channels may be assigned for use by offshore central (base/fixed) Any eligible entity (see § 22.7) may or subscriber stations (fixed, tem- apply for central station license(s) and/ porary fixed, surface and/or airborne or offshore subscriber licenses under mobile) as indicated, for voice-grade this subpart. general communications and private [70 FR 19312, Apr. 13, 2005] line service:

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Central Subscriber Central Subscriber (7) These channels may be assigned for use by offshore central (base/fixed) 488.425 ...... 491.425 488.575 ...... 491.575 or subscriber stations (fixed, tem- 488.450 ...... 491.450 488.600 ...... 491.600 488.475 ...... 491.475 488.625 ...... 491.625 porary fixed, surface and/or airborne 488.500 ...... 491.500 488.650 ...... 491.650 mobile) as indicated, for private line 488.525 ...... 491.525 488.675 ...... 491.675 service: 488.550 ...... 491.550 488.700 ...... 491.700 Central Subscriber Central Subscriber (3) These channels may be assigned for use by relay stations in systems 489.400 ...... 492.400 489.725 ...... 492.725 where it would be impractical to pro- 489.425 ...... 492.425 489.750 ...... 492.750 489.450 ...... 492.450 489.775 ...... 492.775 vide offshore radiotelephone service 489.475 ...... 492.475 489.800 ...... 492.800 without the use of relay stations. 489.500 ...... 492.500 489.825 ...... 492.825 489.525 ...... 492.525 489.850 ...... 492.850 Central Subscriber Central Subscriber 489.550 ...... 492.550 489.875 ...... 492.875 489.575 ...... 492.575 489.900 ...... 492.900 488.725 ...... 491.725 488.775 ...... 491.775 489.600 ...... 492.600 489.925 ...... 492.925 488.750 ...... 491.750 488.800 ...... 491.800 489.625 ...... 492.625 489.950 ...... 492.950 489.650 ...... 492.650 489.975 ...... 492.975 (4) These channels may be assigned 489.675 ...... 492.675 490.000 ...... 493.000 for use by offshore central (base/fixed) 489.700 ...... 492.700 or subscriber stations (fixed, temporary fixed, surface and/or airborne (8) Interstitial channels. Interstitial mobile) as indicated, for emergency channels are those with center fre- communications involving protection quencies offset by ±12.5 kHz from the of life and property. listed center frequencies. The FCC may assign interstitial channels to offshore Central Subscriber Central Subscriber stations in Zone A subject to the fol- 488.825 ...... 491.825 488.875 ...... 491.875 lowing conditions: 488.850 ...... 491.850 488.900 ...... 491.900 (i) Offshore stations transmitting on interstitial channels must be located (5) These channels may be assigned east of W.92° longitude. for use by offshore central (base/fixed) (ii) Operations on interstitial chan- or subscriber stations (fixed, tem- nels are considered to be secondary to porary fixed, surface and/or airborne operations on channels with the listed mobile) as indicated, for emergency center frequencies. auto alarm and voice transmission per- (iii) Offshore stations operating on taining to emergency conditions only. interstitial channels must be used only Central Subscriber for voice grade general communications or to provide for private line 488.950 ..... 491.950 service. (6) These channels may be assigned NOTE TO PARAGRAPH (a) OF § 22.1007: These for use by offshore central (base/fixed) channels are contained in UHF TV Channel or subscriber stations (fixed, tem- 17. porary fixed, surface and/or airborne (b) Zone B—Southern Louisiana— mobile) as indicated, for emergency Texas. (1) The geographical area in shut-off remote control telemetry, en- Zone B is bounded as follows: vironmental data acquisition and dis- ° ′ seminations, or facsimile trans- From longitude W.87 45 on the East to longitude W.95°00′ on the West and from the 4.8 missions. kilometer (3 mile) limit along the Gulf of Mexico shoreline on the North to the limit of Central Subscriber Central Subscriber the Outer Continental Shelf on the South. 489.000 ...... 492.000 489.200 ...... 492.200 (2) These channels may be assigned 489.025 ...... 492.025 489.225 ...... 492.225 for use by offshore central (base/fixed) 489.050 ...... 492.050 489.250 ...... 492.250 489.075 ...... 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 mobile) as indicated, for voice-grade 489.150 ...... 492.150 489.350 ...... 492.350 general communications and private 489.175 ...... 492.175 489.375 ...... 492.375 line service:

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Central Subscriber Central Subscriber or subscriber stations (fixed, temporary fixed, surface and/or airborne 485.025 ...... 482.025 486.025 ...... 483.025 485.050 ...... 482.050 486.050 ...... 483.050 mobile) as indicated, for voice-grade 485.075 ...... 482.075 486.075 ...... 483.075 general communications and private 485.100 ...... 482.100 486.100 ...... 483.100 line service: 485.125 ...... 482.125 486.125 ...... 483.125 485.150 ...... 482.150 485.150 ...... 483.150 476.025 479.025 485.175 ...... 482.175 486.175 ...... 483.175 476.050 479.050 485.200 ...... 482.200 486.200 ...... 483.200 476.075 479.075 485.225 ...... 482.225 486.225 ...... 483.225 476.100 479.100 485.250 ...... 482.250 486.250 ...... 483.250 476.125 479.125 485.275 ...... 482.275 486.275 ...... 483.275 485.300 ...... 482.300 486.300 ...... 483.300 476.150 479.150 485.325 ...... 482.325 486.325 ...... 483.325 476.175 479.175 485.350 ...... 482.350 486.350 ...... 483.350 476.200 479.200 485.375 ...... 482.375 486.375 ...... 483.375 476.225 479.225 485.400 ...... 482.400 486.400 ...... 483.400 476.250 479.250 485.425 ...... 482.425 486.425 ...... 483.425 476.275 479.275 485.450 ...... 482.450 486.450 ...... 483.450 485.475 ...... 482.475 486.475 ...... 483.475 476.300 479.300 485.500 ...... 482.500 486.500 ...... 483.500 476.325 479.325 485.525 ...... 482.525 486.525 ...... 483.525 476.350 479.350 485.550 ...... 482.550 484.550 ...... 483.550 476.375 479.375 485.575 ...... 482.575 486.575 ...... 483.575 476.400 479.400 485.600 ...... 482.600 486.600 ...... 483.600 476.425 479.425 485.625 ...... 482.625 486.625 ...... 483.625 476.450 479.450 485.650 ...... 482.650 486.650 ...... 483.650 485.675 ...... 482.675 486.675 ...... 483.675 476.475 479.475 485.700 ...... 482.700 486.700 ...... 483.700 476.500 479.500 485.725 ...... 482.725 486.725 ...... 483.725 476.525 479.525 485.750 ...... 482.750 486.750 ...... 483.750 476.550 479.550 485.775 ...... 482.775 486.775 ...... 483.775 476.575 479.575 485.800 ...... 482.800 486.800 ...... 483.800 476.600 479.600 485.825 ...... 482.825 486.825 ...... 483.825 485.850 ...... 482.850 486.850 ...... 483.850 476.625 479.625 485.875 ...... 482.875 486.875 ...... 483.875 476.650 479.650 485.900 ...... 482.900 486.900 ...... 483.900 476.675 479.675 485.925 ...... 482.925 486.925 ...... 483.925 476.700 479.700 485.950 ...... 482.950 486.950 ...... 483.950 476.725 479.725 485.975 ...... 482.975 486.975 ...... 483.975 476.750 479.750 486.000 ...... 483.000 487.050 ...... 480.050 476.775 479.775 476.800 479.800 NOTE TO PARAGRAPH (b) OF § 22.1007: These 476.825 479.825 channels are contained in UHF TV Channel 476.850 479.850 16. 476.875 479.875 (c) Zone C—Southern Texas. The geo- 476.900 479.900 graphical area in Zone C is bounded as 477.000 480.000 follows: 477.025 480.025 477.075 480.075 Longitude W.94°00′ on the East, the 4.8 kil- 477.100 480.100 ometer (3 mile) limit on the North and West, 477.125 480.125 a 282 kilometer (175 mile) radius from the 477.150 480.150 reference point at Linares, N.L., Mexico on 477.175 480.175 the Southwest, latitude N.26°00′ on the 477.200 480.200 South, and the limits of the outer conti- 477.225 480.225 nental shelf on the Southeast. 477.250 480.250 (1) These channels may be assigned 477.275 480.275 477.300 480.300 for use by offshore central (base/fixed) 477.325 480.325 or subscriber stations (fixed, tem- 477.350 480.350 porary fixed, surface and/or airborne 477.375 480.375 mobile) as indicated, for emergency 477.400 480.400 auto alarm and voice transmission per- 477.425 480.425 taining to emergency conditions only. 477.450 480.450 477.475 480.475 Central Subscriber 477.500 480.500 477.525 480.525 476.950 ..... 479.950 477.550 480.550 477.575 480.575 (2) These channels may be assigned 477.600 480.600 for use by offshore central (base/fixed) 477.625 480.625

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

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

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

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

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(2) If interstitial channels are used, 23.46 Operators, class required and general adjacent channels (±12.5 kHz) to a dis- duties. tance of 80.5 kilometers (50 miles). 23.47 Station records. (3) Third order intermodulation chan- 23.48 Content of station records. nels (±12.5 kHz) to a distance of 32.2 kil- 23.49 Discontinuance of operation. ometers (20 miles). 23.50 Place of filing applications; fees and (4) If the proposed transmitting an- number of copies. tenna site is located west of longitude 23.51 Addressed program material. W.93°40′, and within 32.2 kilometers (20 23.52 Mobile stations, transmission simulta- neously to. miles) of the shoreline, and proposed 23.53 Addressed press and meteorological use of the channels listed in § 22.1007(b), services. no third-order intermodulation inter- 23.54 Use of double sideband radiotelephone. ference would be caused to any base or 23.55 Equal employment opportunities. mobile station using the channels between 488 and 494 MHz. AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 U.S.C. 154, 303. Interpret or PART 23—INTERNATIONAL FIXED apply sec. 301, 48 Stat. 1081; 47 U.S.C. 301. PUBLIC RADIOCOMMUNICATION SOURCE: 28 FR 13032, Dec. 5, 1963; 36 FR SERVICES 2562, Feb. 6, 1971, unless otherwise noted. FIXED PUBLIC SERVICES FIXED PUBLIC SERVICES Sec. § 23.1 Definitions. 23.1 Definitions. Assigned frequency. The frequency co- 23.11 Use of radiotelephone emissions by radiotelegraph stations. inciding with the center of an author- 23.12 Use of radiotelegraph emissions by ra- ized bandwidth of emission. diotelephone stations. Authorized bandwidth. The maximum 23.13 Types of emission. bandwidth authorized to be used by a 23.14 Emission, bandwidth, modulation and station as specified in the station li- transmission characteristics. 23.15 Emission limitations. cense. This shall be occupied band- 23.16 Frequency tolerances. width or necessary bandwidth, which- 23.17 Frequency measurement. ever is greater. 23.18 Authorization of power. Authorized reference frequency. A fre- 23.19 Use of directional antennas. quency having a fixed and specific posi- 23.20 Assignment of frequencies. tion with respect to the assigned fre- 23.21 Communications by international control stations. quency. 23.23 Use of frequencies for radiotelegraph Authorized service. The term ‘‘author- communication within the continental ized service’’ of a point-to-point radio- United States. telegraph or radiotelephone station 23.24 Correspondents and points of commu- means the transmission of public cor- nication. respondence to a point of communica- 23.25 Points of communication, limitations. 23.26 Use of transmitters. tion as defined herein subject to such 23.27 Experimental research. special provisions as may be contained 23.28 Special temporary authorization. in the license of the station or in ac- 23.29 License period and expiration time. cordance with § 23.53. 23.31 Period of construction. Fixed public service. The term ‘‘fixed 23.32 Equipment and service tests. public service’’ means a 23.35 Compliance with tariff requirements. radiocommunication service carried on 23.36 Posting of license. 23.37 Station identification. between fixed stations open to public 23.38 Experimental points of communica- correspondence. tion, limitations. Fixed public press service. The term 23.39 Antenna structures. ‘‘fixed public press service’’ means a 23.40 [Reserved] limited radio communication service 23.41 Quarterly report of frequency usage. carried on between point-to-point tele- 23.42 License, simultaneous modification and renewal. graph stations, consisting of trans- 23.43 Maintenance tests of licensed stations. missions by fixed stations open to lim- 23.44 Station inspection. ited public correspondence, of news 23.45 Operator license, posting of. items, or other material related to or

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