26670 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 2, 21, 94, and 101

[WT Docket No. 94–148, FCC 96–51]

Terrestrial Microwave Fixed Radio

Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission has adopted

a Report and Order to establish

regulations governing the Terrestrial

Microwave Fixed Radio Services and

implement section 403(j) of the

Telecommunications Act of 1996. These

amendments streamline the

Commission’s rules, expedite processing

of authorizations for the Terrestrial

Microwave Fixed Radio Services, and

clarify rules concerning the Terrestrial

Microwave Fixed Radio Services.

EFFECTIVE DATE: These regulations are

effective August 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert James of the Wireless

Telecommunications Bureau at (202)

418–0680.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, adopted February 8, 1996,

and released February 29, 1996. The full

text of this action is available for

inspection and copying during normal

business hours in the FCC Reference

Center, Room 239, 1919 M Street, NW.,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, DC 20037.

Summary of Report and Order

1. In this action, the Commission

created one comprehensive new rule

part for the microwave services and

eliminated undue regulatory burdens

resulting in significant benefits for both

the public and the Commission. We

reorganized and amended parts 21 and

94 of the rules to establish a new part

101. We anticipate that the new

consolidated part 101 will result in a

number of major benefits. First, the

public will benefit from simplified and

streamlined rules. Second, both the

public and the Commission will benefit

from reduced regulatory burdens. Third,

the new rules will encourage more

efficient use of microwave spectrum by

permitting more intensive use of

microwave equipment. Fourth, common

technical standards for common carrier

and private operational fixed microwave

equipment will lead to economics of

scale in microwave equipment

production and lower equipment prices

to licensees. The new consolidated part

101 will eliminate arbitrary distinction

and further regulatory symmetry

between common carrier and private

operational fixed microwave services.

2. Section 403(j) of the 1996

Telecommunications Act amends

section 309(b) of the Communications

Act by removing the requirement that

the Commission delay granting an

application for a private fixed point-topoint microwave station until thirty

days after the Commission issues a

public notice announcing that it has

accepted the application for filing. This

Report and Order deletes § 1.962(a) of

its rules, 47 CFR 1.962(a), to reflect this

statutory change.

3. These new rules reflect a

comprehensive restructuring in the

regulatory requirements and policies of

the fixed microwave services. The

streamlined and simplified rules, reduce

regulatory burdens, encourage more

efficient use of the microwave spectrum,

and foster economies of scale in

microwave equipment production.

These rules will allow licensees to

compete more on price and quality of

service rather than on regulatory

gamesmanship.

4. The rules are set forth below.

5. This Report and Order is issued

under the authority of sections 4(i) and

303(r) of the Communications Act of

1934, as amended, 47 U.S.C. 154(i) and

303(r).

6. Need and purpose of this action.

This Report and Order simplifies the

rules for the common carrier and private

operational fixed services, currently

contained respectively in parts 21 and

94 of the Commission’s rules, and

consolidates those rules into a new part

101. These new rules eliminate

unnecessary information collection

requirements, eliminate redundancy,

remove obsolete language, and promote

the public interest.

7. Summary of issues raised by the

public. Several commenters suggested

modifications to some of the

Commission’s proposals. As a result of

these comments, we have made

modifications to the proposed rules as

appropriate. The specific suggestions

and modifications are discussed in the

paragraphs above.

8. Significant alternatives considered.

The Notices of Proposed Rule Making in

the two subject proceedings offered

numerous proposals. The commenters

overwhelmingly supported the majority

of the proposed rule changes. Several

commenters suggested modifications to

some of the Commission’s proposals.

Many of the suggested modifications are

incorporated in the final rules. The

regulatory burdens which we have

retained are necessary to fulfill our

duties under the Communications Act

of 1934, as amended. We will continue

to examine alternatives in the future

with the objective of eliminating

unnecessary regulations and minimizing

economic impact on small business

entities.

List of Subjects

47 CFR Part 1

Administrative practice and

procedure.

47 CFR Part 2

Communications equipment.

47 CFR Part 21

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 94

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 101

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Final Rules

Parts 1, 2, 21 and 94 of Chapter I of

Title 47 of the Code of Federal

Regulations are amended as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303, and

303(j) unless otherwise noted.

2. Section 1.77 is amended by adding

a new paragraph (i) to read as follows:

§ 1.77 Detailed application procedures;

cross references.

* * * * *

(i) Rules governing applications for

authorizations in the Common Carrier

and Private Radio terrestrial microwave

services are set out in part 101 of this

chapter.

3. Section 1.741 is revised to read as

follows:

§ 1.741 Scope.

The general rules relating to

applications contained in §§ 1.742

through 1.748 apply to all applications

filed by carriers except those filed by

public correspondence radio stations
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26671

pursuant to parts 80, 87, and 101 of this

chapter, and those filed by common

carriers pursuant to part 25 of this

chapter. Parts 21 and 101 of this chapter

contain general rules applicable to

applications filed pursuant to these

parts. For general rules applicable to

applications filed pursuant to parts 80

and 87 of this chapter, see such parts

and subpart F of this part. For rules

applicable to applications filed pursuant

to part 25, see said part.

4. Section 1.761 is revised to read as

follows:

§ 1.761 Cross reference.

Specific types of applications under

Title III of the Communications Act

involving public correspondence radio

stations are specified in parts 23, 80, 87,

and 101 of this chapter.

5. Section 1.825 is amended by

revising paragraph (b) to read as follows:

§ 1.825 Random selection procedures for

Digital Electronic Message Service.

* * * * *

(b) Petitions to deny applications for

digital electronic message service

authorizations, and responsive

pleadings, shall be filed prior to

conducting the random selection,

pursuant to the requirements of § 101.43

of this chapter. Following the random

selection, petitions against tentative

selectee’s applications shall be resolved

by the Commission.

6. Section 1.901 is revised to read as

follows:

§ 1.901 Scope.

In the case of any conflict between the

rules set forth in this subpart and the

rules set forth in part 13 of this chapter

or the rules set forth for specific services

in parts 80 through 101 of this chapter,

the rules in this subpart shall govern.

7. Section 1.924 is amended by

revising paragraph (b)(2)(ii) to read as

follows:

§ 1.924 Assignment or transfer of control,

voluntary and involuntary.

* * * * *

(b)(1) * * *

(2) * * *

(ii) FCC Form 402. For assignment of

station authorizations in the Private

Operational Fixed Microwave Service

(part 101 of this chapter). Attached

thereto shall be an executed Form 1046

or a signed letter from proposed

assignor stating the assignor’s desire to

assign the current authorization in

accordance with the rules governing the

particular service involved.

* * * * *

8. Section 1.926 is amended by

revising paragraph (a)(6) to read as

follows:

§ 1.926 Application for renewal of license.

(a) * * *

(6) Renewal of station authorizations

in the Private Operational Fixed

Microwave Service (part 101 of this

chapter) shall be submitted on such

form as the Commission may designate

by the public notice in accordance with

the provisions of § 101.13 of this

chapter.

* * * * *

§ 1.962 [Amended]

9. Section 1.962 is amended by

removing paragraph (a)(1) and

redesignating paragraphs (a)(2) through

paragraphs (a)(7) as paragraphs (a)(1)

through (a)(6) respectively.

10. Section 1.972 is amended by

revising paragraphs (a)(1) and (c) to read

as follows:

§ 1.972 Grants by random selection.

(a) * * *

(1) For stations in the following

Private Radio Services:

Part 80—Stations in the Maritime Services

Part 87—Aviation Services

Part 90—Private Land Mobile Services

Part 95—Subpart F—Personal Radio Services

Part 101—Subpart H—Private Operational

Fixed Point-to-Point Microwave Service.

* * * * *

(c) If there are mutually exclusive

applications for an initial license for

stations subject to part 80 or part 87 of

this chapter, or if there are more

applications for an initial license in part

90, part 95-subpart F, or part 101-

subpart H of this chapter, than can be

accommodated on available frequencies,

the Commission may process the

applications pursuant to a system of

random selection. Each such random

selection shall be conducted pursuant to

an order issued by the Wireless

Telecommunications Bureau and under

the direction of the Chief of the Bureau.

* * * * *

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation for part 2

continues to read as follows:

Authority: Sec. 4, 302, 303, and 307 of the

Communications Act of 1934, as amended,

47 U.S.C. Sections 154, 302, 303, and 307,

unless otherwise noted.

2. Section 2.995 is amended by

revising paragraph (a)(2) to read as

follows:

§ 2.995 Measurements required:

Frequency stability.

(a) * * *

(2) From ¥20° to +50° centigrade for

equipment to be licensed for use in the

Maritime Services under part 80 of this

chapter, except Class A, B, and S

Emergency Position Indicating

Radiobeacons (EPIRBS), and equipment

to be licensed for use above 952 MHz at

operational fixed stations in all services,

stations in the Local Television

Transmission Service and Point-to-Point

Microwave Radio Service under part

101 of this chapter, and equipment

licensed for use aboard aircraft in the

Aviation Services under part 87 of this

chapter.

* * * * *

PART 21—DOMESTIC PUBLIC FIXED

RADIO SERVICES

1. The authority citation for part 21

continues to read as follows:

Authority: Secs. 1, 2, 4, 201–205, 208, 215,

218, 303, 307, 313, 314, 403, 404, 410, 602;

48 Stat. as amended, 1064, 1066, 1070–1073,

1076, 1077, 1080, 1082, 1083, 1087, 1094,

1098, 1102; 47 U.S.C. 151, 154, 201–205, 208,

215, 218, 303, 307, 313, 314, 403, 404, 602;

47 U.S.C. 552, 554.

2. Section 21.2 is revised to read as

follows:

§ 21.2 Definitions.

As used in this part:

Antenna power gain. The square of

the ratio of the root-mean-square free

space field intensity produced at one

mile in the horizontal plane, in

millivolts per meter for one kilowatt

antenna input power to 137.6 mV/m.

This ratio should be expressed in

decibels (dB). (If specified for a

particular direction, antenna power gain

is based on the field strength in that

direction only.)

Antenna power input. The radio

frequency peak or RMS power, as the

case may be, supplied to the antenna

from the antenna transmission line and

its associated impedance matching

network.

Antenna structures. The antenna, its

supporting structure and anything

attached to it.

Assigned frequency. The centre of the

frequency band assigned to a station.

Authorized bandwidth. The

maximum width of the band of

frequencies permitted to be used by a

station. This is normally considered to

be the necessary or occupied

bandwidth, whichever is greater.

Authorized frequency. The frequency,

or frequency range, assigned to a station

by the Commission and specified in the

instrument of authorization.

Authorized power. The maximum

power a station is permitted to use. This

power is specified by the Commission

in the station’s authorization.

Bandwidth occupied by an emission.

The band of frequencies comprising 99
26672 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

percent of the total radiated power

extended to include any discrete

frequency on which the power is at least

0.25 percent of the total radiated power.

Basic Trading Area (BTA). The

geographic areas by which the

Multipoint Distribution Service is

licensed. BTA boundaries are based on

the Rand McNally 1992 Commercial

Atlas and Marketing Guide, 123rd

Edition, pp. 36–39, and include six

additional BTA-like areas as specified in

§ 21.924(b).

Bit rate. The rate of transmission of

information in binary (two state) form in

bits per unit time.

BTA authorization holder. The

individual or entity authorized by the

Commission to provide Multipoint

Distribution Service to the population of

a BTA.

BTA service area. The area within the

boundaries of a BTA to which a BTA

authorization holder may provide

Multipoint Distribution Service. This

area excludes the protected service areas

of incumbent MDS stations and

previously proposed and authorized

ITFS facilities, including registered

receive sites.

Carrier. In a frequency stabilized

system, the sinusoidal component of a

modulated wave whose frequency is

independent of the modulating wave; or

the output of a transmitter when the

modulating wave is made zero; or a

wave generated at a point in the

transmitting system and subsequently

modulated by the signal; or a wave

generated locally at the receiving

terminal which when combined with

the side bands in a suitable detector,

produces the modulating wave.

Carrier frequency. The output of a

transmitter when the modulating wave

is made zero.

Communication common carrier. Any

person engaged in rendering

communication service for hire to the

public.

Control point. A control point is an

operating position at which an operator

responsible for the operation of the

transmitter is stationed and which is

under the control and supervision of the

licensee.

Control station. A fixed station whose

transmissions are used to control

automatically the emissions or

operations of another radio station at a

specified location, or to transmit

automatically to an alarm center

telemetering information relative to the

operation of such station.

Coordination distance. For the

purpose of this part, the expression

‘‘coordination distance’’ means the

distance from an earth station, within

which there is a possibility of the use of

a given transmitting frequency at this

earth station causing harmful

interference to stations in the fixed or

mobile service, sharing the same band,

or of the use of a given frequency for

reception at this earth station receiving

harmful interference from such stations

in the fixed or mobile service.

Digital modulation. The process by

which some characteristic (frequency,

phase, amplitude or combinations

thereof) of a carrier frequency is varied

in accordance with a digital signal, e.g.

one consisting of coded pulses or states.

Domestic fixed public service. A fixed

service, the stations of which are open

to public correspondence, for

radiocommunications originating and

terminating solely at points all of which

lie within:

(a) The State of Alaska;

(b) The State of Hawaii;

(c) The contiguous 48 States and the

District of Columbia; or

(d) A single possession of the United

States. Generally, in cases where service

is afforded on frequencies above 72

MHz, radio-communications between

the contiguous 48 States (including the

District of Columbia) and Canada or

Mexico, or radiocommunications

between the State of Alaska and Canada,

are deemed to be in the domestic fixed

public service.

Domestic public radio services. The

land mobile and domestic fixed public

services the stations which are open to

public correspondence.

Note: Part 80 of this chapter is applicable

to the maritime services and fixed stations

associated with the maritime services; part 87

of this chapter is applicable to aeronautical

services.

Earth station. A station located either

on the earth’s surface or within the

major portion of the earth’s atmosphere

and intended for communications:

(a) With one or more space stations;

or

(b) With one or more stations of the

same kind by means of one or more

reflecting satellites or other objects in

space.

Effective radiated power (ERP). The

product of the power supplied to the

antenna and its gain relative to a halfwave dipole in a given direction.

Equivalent Isotropically Radiated

Power (EIRP). The product of the power

supplied to the antenna and the antenna

gain in a given direction relative to an

isotropic antenna. This product may be

expressed in watts or dB above 1 watt

(dBW).

Facsimile. A form of telegraphy for

the transmission of fixed images, with

or without half-tones, with a view to

their reproduction in a permanent form.

Fixed earth station. An earth station

intended to be used at a specified fixed

point.

Fixed station. A station in the fixed

service.

Frequency tolerance. The maximum

permissible departure by the centre

frequency of the frequency band

occupied by an emission from the

assigned frequency or, by the

characteristic frequency of an emission

from the reference frequency. The

frequency tolerance is expressed as a

percentage or in Hertz.

Harmful interference. Interference

which endangers the functioning of a

radionavigation service or of other

safety services or seriously degrades,

obstructs, or repeatedly interrupts a

radiocommunication service.

Incumbent. An MDS station that was

authorized or proposed before

September 15, 1995, including those

stations that are subsequently modified,

renewed or reinstated.

Landing area. A landing area means

any locality, either of land or water,

including airports and intermediate

landing fields, which is used, or

approved for use for the landing and

take-off of aircraft, whether or not

facilities are provided for the shelter,

servicing, or repair of aircraft, or for

receiving or discharging passengers or

cargo.

Microwave frequencies. As used in

this part, this term refers to frequencies

of 890 MHz and above.

Multichannel multipoint distribution

service. Those multipoint distribution

service channels that use the frequency

band 2596 MHz to 2644 MHz and

associated response channels.

Multipoint distribution service. A oneway domestic public radio service

rendered on microwave frequencies

from a fixed station transmitting

(usually in an omnidirectional pattern)

to multiple receiving facilities located at

fixed points.

Multipoint distribution service

response station. A fixed station

operated at an MDS receive location to

provide communications with the

associated station in the Multipoint

Distribution Service.

Necessary bandwidth of emission. For

a given class of emission, the width of

the frequency band that is just sufficient

to ensure the transmission of

information at the rate and with the

quality required under specified

conditions.

Note: The necessary bandwidth for an

emission may be calculated using the

formulas in § 2.202 of this chapter.

Partitioned service area authorization

holder. The individual or entity

authorized by the Commission to
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26673

provide Multipoint Distribution Service

to the population of a partitioned

service area.

Partitioned service area (PSA). The

area within the coterminous boundaries

of one of more counties or other

geopolitical subdivisions, drawn from a

BTA, to which an authorization holder

may provide Multipoint Distribution

Service or the area remaining in a BTA

upon partitioning any portion of that

BTA. This area excludes the protected

service areas of incumbent MDS stations

and previously proposed and authorized

ITFS stations, including registered

receive sites.

Private line service. A service

whereby facilities for communication

between two or more designated points

are set aside for the exclusive use or

availability for use of a particular

customer and authorized users during

stated periods of time.

Public correspondence. Any

telecommunication which the offices

and stations, by reason of their being at

the disposal of the public, must accept

for transmission.

Radio station. A separate transmitter

or a group of transmitters under

simultaneous common control,

including the accessory equipment

required for carrying on a

radiocommunication service.

Radiocommunication.

Telecommunication by means of radio

waves.

Rated power output. The term ‘‘rated

power output’’ of a transmitter means

the normal radio frequency power

output capability (Peak or Average

Power) of a transmitter, under optimum

conditions of adjustment and operation,

specified by its manufacturer.

Record communication. Any

transmission of intelligence which is

reduced to visual record form at the

point of reception.

Reference frequency. A frequency

having a fixed and specified position

with respect to the assigned frequency.

The displacement of this frequency with

respect to the assigned frequency has

the same absolute value and sign that

the displacement of the characteristic

frequency has with respect to the center

of the frequency band occupied by the

emission.

Relay station. A fixed station used for

the reception and retransmission of the

signals of another station or stations.

Repeater station. A fixed station

established for the automatic

retransmission of radiocommunications

received from one or more stations and

directed to a specified receiver site.

Signal booster station. A low-power

repeater station automatically

retransmitting on the same frequency as

the received signal, and located within

the protected service area of a

Multipoint Distribution Service station.

Standby transmitter. A transmitter

installed and maintained for use in lieu

of the main transmitter only during

periods when the main transmitter is

out of service for maintenance or repair.

Symbol rate. Modulation rate in

bauds. This rate may be higher than the

transmitted bit rate as in the case of

coded pulses or lower as in the case of

multilevel transmission.

Television. A form of

telecommunication for transmission of

transient images of fixed or moving

objects.

Television STL station (studio

transmitter link). A fixed station used

for the transmission of television

program material and related

communications from a studio to the

transmitter of a television broadcast

station.

§ 21.3 [Amended]

3. Section 21.3 is amended by

removing paragraph (b), and

redesignating paragraph (c) as paragraph

(b).

4. Section 21.6 is amended by revising

paragraphs (b) and (c) to read as follows:

§ 21.6 Filing of applications, fees, and

numbers of copies.

* * * * *

(b) Applications requiring fees as set

forth in part 1, subpart G of this chapter

must be filed in accordance with

§ 0.401(b) of this chapter. Applications

not requiring fees shall be submitted to:

Federal Communications Commission,

Washington, DC 20554.

(c) All correspondence or

amendments concerning a submitted

application shall clearly identify the

radio service, the name of the applicant,

station location, and the Commission

file number (if known) or station call

sign of the application involved. All

correspondence or amendments

concerning a submitted application may

be sent directly to the Mass Media

Bureau.

* * * * *

5. Section 21.13 is amended by

removing paragraph (f), redesignating

paragraph (g) as paragraph (f), and

revising paragraphs (a)(6) and (b) to read

as follows:

§ 21.13 General application requirements.

(a) * * *

(6) Show compliance with the special

requirements applicable to each radio

service and make all special showings

that may be applicable (e.g., those

required by secs. 21.900, 21.912 and

21.913).

(b) Applications filed in the

Multipoint Distribution Service shall

not cross-reference previously filed

material.

* * * * *

6. Section 21.15 is amended by

revising the introductory text, and

paragraphs (c), (d), and (g) to read as

follows:

§ 21.15 Technical content of applications.

Applications shall contain all

technical information required by the

application form and any additional

information necessary to fully describe

the proposed facilities and to

demonstrate compliance with all

technical requirements of the rules

governing the radio service involved

(see subparts C, F and K as appropriate).

The following paragraphs describe a

number of technical requirements.

* * * * *

(c) Each application involving a new

or modified transmitting antenna

supporting structure, passive facility, or

the addition or removal of a transmitting

antenna, or the repositioning of an

authorized antenna for a station must be

accompanied by a vertical profile sketch

of the total structure depicting its

structural nature and clearly indicating

the ground elevation (above sea level) at

the structure site, the overall height of

the structure above ground (including

obstruction lights when required,

lightning rods, etc.) and, if mounted on

a building, its overall height above the

building. The proposed antenna on the

structure must be clearly identified and

its height above-ground (measured to

the center of radiation) clearly

indicated. Alternatively, applicants in

the Multipoint Distribution Service who

filed applications on or after September

15, 1995, may provide this information

in the MDS long-form application.

(d) Each application proposing a new

or modified antenna structure for a

station (including a passive repeater or

signal booster station) so as to change its

overall height shall indicate whether

any necessary notification of the FAA

has been made. Complete information as

to rules concerning the construction,

marking and lighting of antenna

structures is contained in part 17 of this

chapter. See also § 21.111 if the

structure is used by more than one

station.

* * * * *

(g) Applications in the Multipoint

Distribution Service filed before

September 15, 1995, proposing a new or

replacement antenna (excluding omnidirectional antennas) shall include an

antenna radiation pattern showing the

antenna power gain distribution in the
26674 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

horizontal plane expressed in decibels,

unless such pattern is known to be on

file with the Commission in which case

the applicant may reference in its

application the FCC-ID number that

indicates that the pattern is on file with

the Commission. Multipoint

Distribution Service applicants who

filed applications on or after September

15, 1995 must provide related

information in completing an MDS longform application.

* * * * *

7. Section 21.20 is amended by

revising paragraph (b)(5) to read as

follows:

§ 21.20 Defective applications.

* * * * *

(b) * * *

(5) The application does not certify

the availability of the proposed station

site.

* * * * *

8. Section 21.23 is amended by

removing paragraphs (c)(1) and (d),

redesignating (c)(2) through (c)(7) as

paragraphs (c)(1) through (c)(6),

redesignating paragraphs (e) through (g)

as paragraphs (d) through (f), and

revising the newly redesignated

paragraphs (c)(1) introductory text, and

(d)(1) to read as follows:

§ 21.23 Amendment of applications.

* * * * *

(c) * * *

(1) If in the Multipoint Distribution

Service, the amendment results in a

substantial modification of the

engineering proposal such as (but not

necessarily limited to):

* * * * *

(d) * * *

(1) Any applicant whose application

appears on its face to be mutually

exclusive with the application being

amended, including those applicants

originally served under § 21.902;

* * * * *

§ 21.27 [Amended]

9. Section 21.27 is amended by

removing paragraph (d).

§ 21.31 [Amended]

10. Section 21.31 is amended by

removing paragraph (f).

§ 21.33 [Amended]

11. Section 21.33 is amended by

removing paragraph (a), and

redesignating paragraphs (b) through (d)

as paragraphs (a) through (c)

respectively.

12. Section 21.39 is amended by

revising paragraph (d)(3) to read as

follows:

§ 21.39 Considerations involving transfer

or assignment applications.

* * * * *

(d) * * *

(3) The median date of the applicable

commencement dates (determined

pursuant to paragraphs (c) (1) and (2) of

this section) if the transaction involves

two or more stations. (The median date

is that date so selected such that fifty

percent of the commencement dates of

the total number of stations, when

arranged in chronological order, lie

below it and fifty percent lie above it.

When the number of stations is an even

number, the median date will be a value

half way between the two dates closest

to the theoretical median).

13. Section 21.41 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 21.41 Special processing of applications

for minor facility modifications.

* * * * *

(b) An application may be considered

under the procedures of this section

only if:

(1) It is in the Multipoint Distribution

Service;

(2) The cumulative effect of all such

applications made within any 60 days

period does not exceed the appropriate

values prescribed by paragraph (c) of

this section;

(3) The facilities to be modified are

not located within 56.3 kilometers (35

miles) of the Canadian or Mexican

border;

(4) It is acceptable for filing, is

consistent with all of the Commission’s

rules, and does not involve a waiver

request;

(5) It specifically requests

consideration pursuant to this section;

(6) Frequency notification procedures

are complied with and a copy of the

application has been served on those

who also were served under § 21.902;

and

(7) In the Multipoint Distribution

Service, the modified facility would not

produce a power flux density that

exceeds ¥73 dBW/m2, pursuant to

§§ 21.902 and 21.939 at locations on the

boundaries of protected service areas to

which there is an unobstructed signal

path.

(c) The modifications that may be

authorized under the procedures of this

section are:

(1) Changes in a transmitter and

existing transmitter operating

characteristics, or protective

configuration of transmitter, provided

that:

(i) In the Multipoint Distribution

Service, any increase in EIRP is one and

one-half dB or less over the previouslyauthorized power value; or

(ii) The necessary bandwidth is not

increased by more than 10% of the

previously authorized necessary

bandwidth.

(2) Changes in the height of an

antenna, provided that:

(i) In Multipoint Distribution Service,

any increase in antenna height is less

than 3.0 meters above the previously

authorized height; and

(ii) The overall height of the antenna

structure is not increased as a result of

the antenna extending above the height

of the previously authorized structure,

except when the new height of the

antenna structure is 6.1 meters or less

(above ground or man-made structure,

as appropriate) after the change is made.

(3) Change in the geographical

coordinates of a transmit station by ten

seconds or less of latitude, longitude or

both, provided that when notice to the

FAA of proposed construction is

required by part 17 of this chapter for

antenna structure at the previously

authorized coordinates (or will be

required at the new location) the

applicant must comply with the

provisions of § 21.15(d).

* * * * *

14. Section 21.42 is amended by

removing paragraph (c)(7), redesignating

paragraph (c)(8) as paragraph (c)(7), and

revising paragraphs (a), (b)(1), (b)(4),

and (c)(3) to read as follows:

§ 21.42 Certain modifications not requiring

prior authorization.

(a) Equipment in an authorized radio

station may be replaced without prior

authorization or notification if:

(1) The replacement equipment is

identical (i.e., same manufacturer and

model number) with the replacement

equipment; or

(2) The replacement transmitter,

transmitting antenna, transmission line

loss and/or devices between the

transmitter and antenna, or

combinations of the above, do not

change the EIRP of a station in any

direction.

(b) Licensees of fixed stations in the

Multipoint Distribution Service may

make the facility changes listed in

paragraph (c) of this section without

obtaining prior Commission

authorization, if:

(1) The Multipoint Distribution

Service licensee serves a copy of the

notification described in paragraph

(b)(3) of this section on those who were

served under § 21.902, and

* * * * *

(4) In the Multipoint Distribution

Service, the modified facility would not

produce a power flux density at the

protected service area boundary that
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26675

exceeds ¥73 dBW/m2, pursuant to

§§ 21.902 and 21.939.

(c) * * *

(3) Change to an antenna when the

new antenna conforms with § 21.906

and the EIRP resulting from the new

antenna does not exceed that resulting

from the previously authorized antenna

by more than one dB in any direction.

* * * * *

15. Section 21.43 is amended by

revising paragraph (a) to read as follows:

§ 21.43 Period of construction;

certification of completion of construction.

(a) Except for Multipoint Distribution

Service station licenses granted to BTA

and PSA authorization holders, each

license for a radio station for the

services included in this part shall

specify as a condition therein the period

during which construction of facilities

will be completed and the station made

ready for operation. Construction may

not commence until the grant of a

license, and must be completed by the

date specified in the license as the

termination date of the construction

period. Except as may be limited by

§ 21.45(b) or otherwise determined by

the Commission for any particular

application, the maximum construction

period for all stations licensed under

this part shall be a maximum of 12

months from the date of the license

grant.

* * * * *

16. Section 21.45 is amended by

revising paragraphs (a) and (c) to read as

follows:

§ 21.45 License period.

(a)(1) Licenses for stations in the

Multipoint Distribution Service will be

issued for a period not to exceed 10

years, except that licenses for

developmental stations will be issued

for a period not to exceed one year. The

expiration date of developmental

licenses shall be one year from the date

of the grant thereof. Unless otherwise

specified by the Commission, the

expiration of regular licenses shall be on

the following date in the year of

expiration.

Multipoint Distribution Service—May 1.

(2) When a license is granted

subsequent to the last renewal date of

the class of license involved, the license

shall be issued only for the unexpired

period of the current license term of

such class.

* * * * *

(c) Upon the expiration or termination

of any station license, any related

conditional authorization, which bears a

later expiration date, shall be

automatically terminated concurrently

with the related station license, unless

it shall have been determined by the

Commission that the public interest,

convenience or necessity would be

served by continuing in effect said

conditional authorization.

17. Section 21.100 is revised to read

as follows:

§ 21.100 Frequencies.

The frequencies available for use in

the service covered by this part are

listed in subpart K. Assignment of

frequencies will be made only in such

a manner as to facilitate the rendition of

communication service on an

interference-free basis in each service

area. Unless otherwise indicated, each

frequency available for use by stations

in this service will be assigned

exclusively to a single applicant in any

service area. All applicants for, and

licensees of, stations in this service shall

cooperate in the selection and use of the

frequencies assigned in order to

minimize interference and thereby

obtain the most effective use of the

authorized facilities. In the event

harmful interference occurs or appears

likely to occur between two or more

radio systems and such interference

cannot be resolved between the

licensees thereof, the Commission may,

after notice and opportunity for hearing,

require the licensees to make such

changes in operating techniques or

equipment as it may deem necessary to

avoid such interference.

18. Section 21.101 is amended by

removing paragraph (b), redesignating

paragraph (c) as paragraph (b), and

revising paragraph (a) to read as follows:

§ 21.101 Frequency tolerance.

(a) The carrier frequency of each

transmitter authorized in these services

shall be maintained within the

following percentage of the reference

frequency except as otherwise provided

in paragraph (b) of this section or in the

applicable subpart of this part (unless

otherwise specified in the instrument of

station authorization the reference

frequency shall be deemed to be the

assigned frequency):

Frequency range (MHz)

Frequency

tolerance

for fixed

stations

(percent)

2,150 to 2,162 1 2 ...................... 0.001

Frequency range (MHz)

Frequency

tolerance

for fixed

stations

(percent)

2,596 to 2,680 2 ........................ 0.005

1Beginning Aug. 9, 1975, this tolerance will

govern the marketing of equipment pursuant

to §§ 2.803 and 2.805 of this chapter and the

issuance of all authorizations for new radio

equipment. Until that date new equipment may

be authorized with a frequency tolerance of

0.03 percent in the frequency range 2,200 to

10,500 MHz and equipment so authorized

may continue to be used for its life provided

that it does not cause interference to the operation of any other licensee. Equipment authorized in the frequency range 2,450 to 10,500

MHz prior to June 23, 1969, at a tolerance of

0.05 percent may continue to be used until

February 1, 1976 provided it does not cause

interference to the operation of any other licensee. 2Beginning November 1, 1991, equipment

authorized to be operated in the frequency

bands 2150–2162 MHz, 2596–2644 MHz,

2650–2656 MHz, 2662–2668 MHz, and 2674–

2680 MHz for use in the Multipoint Distribution

Service shall maintain a frequency tolerance

within +1 KHz of the assigned frequency.

* * * * *

§ 21.106 [Amended]

19. Section 21.106 is amended by

removing paragraphs (a)(2)(ii), (a)(3),

and (a)(4) and redesignating paragraph

(a)(2)(iii) as paragraph (a)(2)(ii).

20. Section 21.107 is amended by

removing paragraph (c) and revising

paragraph (b) to read as follows:

§ 21.107 Transmitter power.

* * * * *

(b) The EIRP of a transmitter station

employed in this radio service shall not

exceed the values shown in the

following tabulation:

Frequency range (MHz)

Maximum

allowable

EIRP for a

fixed station

(Watts)

2,150 to 2,162 ........................... 1 2000

2,596 to 2,680 ........................... 1 2000

1When a Multipoint Distribution Service station uses a non-omnidirectional antenna EIRP

up to 7943 Watts may be authorized pursuant

to § 21.904(b) of this Part.

§ 21.108 [Removed and reserved]

21. Section 21.108 is removed and

reserved.

22. Section 21.109 is amended by

revising paragraph (b) to read as follows:

§ 21.109 Antenna and antenna structures.

* * * * *

(b) The Commission may require the

replacement, at the licensee’s expense,

of any antenna system of a permanent

fixed station operating at 2500 MHz or

higher upon a showing that said
26676 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

antenna causes or is likely to cause

interference to any other authorized or

proposed station.

§ 21.114 [Removed and reserved]

23. Section 21.114 is removed and

reserved.

§ 21.119 [Removed and reserved]

24. Section 21.119 is removed and

reserved.

25. Section 21.120 is amended by

removing paragraphs (d) and (e), and

revising paragraph (a) to read as follows:

§ 21.120 Authorization of transmitters.

(a) Except for transmitters used at

developmental stations, each transmitter

shall be a type which has been type

accepted by the Commission for use

under the applicable rules of this part.

* * * * *

26. Section 21.122 is amended by

revising paragraph (a) and removing

paragraphs (d) and (e), to read as

follows:

§ 21.122 Microwave digital modulation.

(a) Microwave transmitters employing

digital modulation techniques and

operating below 15 GHz shall, with

appropriate multiplex equipment,

comply with the following additional

requirement: The bit rate, in bits per

second, shall be equal to or greater than

the bandwidth specified by the emission

designator in Hertz (e.g., to be

acceptable, equipment transmitting at a

6 Mb/s rate must not require a

bandwidth of greater than 6 MHz),

except the bandwidth used to calculate

the minimum rate shall not include any

authorized guard band.

* * * * *

§§ 21.212–21.214 [Removed]

27. Sections 21.212 through 21.214

are removed.

28. Section 21.303 is amended by

revising paragraphs (a), (b), (c) and

(d)(1) to read as follows:

§ 21.303 Discontinuance, reduction or

impairment of service.

(a) If the public communication

service provided by a station subject to

this rule part is involuntarily

discontinued, reduced or impaired for a

period exceeding 48 hours, the station

licensee shall promptly give notification

thereof in writing to the Mass Media

Bureau at Washington, DC 20554. In

every such case, the licensee shall

furnish full particulars as to the reasons

for such discontinuance, reduction or

impairment of service, including a

statement as to when normal service is

expected to be resumed. When normal

service is resumed, prompt notification

thereof shall be given in writing to the

Mass Media Bureau at Washington, DC

20554.

(b) No station licensee subject to title

II of the Communications Act of 1934,

as amended, shall voluntarily

discontinue, reduce or impair public

communication service to a community

or part of a community without

obtaining prior authorization from the

Commission pursuant to the procedures

set forth in part 63 of this chapter or

complying with the requirements set

forth at § 21.910. In the event that

permanent discontinuance of service is

authorized by the Commission, the

station licensee shall promptly send the

station license for cancellation to the

Mass Media Bureau at Washington, DC

20554, except that station licenses need

not be surrendered for cancellation if

the discontinuance is a result of a

change of status by a Multipoint

Distribution Service licensee from

common carrier to non-common carrier

pursuant to § 21.910.

(c) Any station licensee, not subject to

title II of the Communications Act of

1934, as amended, who voluntarily

discontinues, reduces or impairs public

communication service to a community

or a part of a community shall give

written notification to the Commission

within 7 days thereof. In the event of

permanent discontinuance of service,

the station licensee shall promptly send

the station license for cancellation to the

Mass Media Bureau at Washington, DC

20554, except that Multipoint

Distribution Service station licenses

need not be surrendered for cancellation

if the discontinuance is a result of a

change of status by a Multipoint

Distribution Service licensee from noncommon carrier to common carrier.

(d) * * *

(1) Submit for cancellation the station

license (or licenses) to the Commission

at Washington, DC 20554.

* * * * *

§§ 21.500–21.512 (Subpart G) [Removed

and reserved]

29. Subpart G of part 21 (21.500

through 21.512) is removed and

reserved.

§§ 21.700–21.713 (Subpart I) [Removed

and reserved]

30. Subpart I of part 21 (21.700

through 21.713) is removed and

reserved.

§§ 21.800–21.809 (Subpart J) [Removed

and reserved]

31. Subpart J of part 21 (21.800

through 21.809) is removed and

reserved.

32. Section 21.901 is amended by

revising paragraph (e) to read as follows:

§ 21.901 Frequencies.

* * * * *

(e) Frequencies in the band segments

18,580–18,820 MHz and 18,920–19,160

MHz are available for assignment to

fixed stations in this service for a pointto-point return link from a subscriber’s

location. Assignments in the 18 GHz

band for these return links will be made

in accordance with the provisions of

subpart I of part 101 of this chapter.

* * * * *

33. Section 21.902 is amended by

revising paragraph (c)(1)(ii) to read as

follows:

§ 21.902 Frequency interference.

* * * * *

(c) * * *

(1) * * *

(ii) if the great circle path between the

applicant’s proposed transmitter and the

protected service area of any authorized,

or previously-proposed, cochannel or

adjacent-channel station(s) is within

241.4 kilometers or less and 90 percent

or more of the path is over water or

within 16.1 kilometers of the coast or

shoreline of the Atlantic Ocean, the

Pacific Ocean, the Gulf of Mexico, any

of the Great Lakes, or any bay associated

with any of the above (see §§ 21.901(a)

and 74.902 of this chapter);

* * * * *

34. Section 21.903 is amended by

revising paragraph (a) to read as follows:

§ 21.903 Purpose and permissible service.

(a) Multipoint Distribution Service

stations are generally intended to

provide one-way radio transmission

(usually in an omnidirectional pattern)

from a stationary transmitter to multiple

receiving facilities located at fixed

points. When service is provided on a

common carrier basis, subscriber

supplied information is transmitted to

points designated by the subscriber.

When service is provided on a noncommon carrier basis, transmissions

may include information originated by

persons other than the licensee,

licensee- manipulated information

supplied by other persons, or

information originated by the licensee.

Point-to-point radio return links from a

subscriber’s location to a MDS

operator’s facilities may be authorized

in the 18,580 through 18,820 MHz and

18,920 through 19,160 MHz bands.

Rules governing such operation are

contained in subpart I of part 101 of this

chapter, the Point-to-Point Microwave

Radio Service.

* * * * *
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26677

PART 94—[REMOVED AND

RESERVED]

35. Part 94 is removed and reserved.

36. Part 101 is added to read as

follows:

PART 101—FIXED MICROWAVE

SERVICES

Subpart A—General

Sec.

101.1 Scope and authority.

101.3 Definitions.

Subpart B—Applications and Licenses

General Filing Requirements

101.4 Transition plan.

101.5 Station authorization required.

101.7 Eligibility for station license.

101.9 Formal and informal applications.

101.11 Filing of applications, fees, and

number of copies.

101.13 Application forms and requirements

for private operational fixed stations.

101.15 Application forms for common

carrier fixed stations.

101.17 [Reserved]

101.19 General application requirements.

101.21 Technical content of applications.

101.23 Waiver of rules.

101.25 Inconsistent or conflicting

applications.

101.27 Repetitious applications.

101.29 Amendment of pending

applications.

101.31 Special temporary, temporary, and

conditional authorizations.

101.33 Who may sign applications.

Processing of Applications

101.35 Preliminary processing of

applications.

101.37 Public notice period.

101.39 Dismissal and return of applications.

101.41 Ownership changes and agreements

to amend or dismiss applications or

pleadings.

101.43 Opposition to applications.

101.45 Mutually exclusive applications.

101.47 Consideration of applications.

101.49 Grants by random selection.

101.51 Comparative evaluation of mutually

exclusive applications.

License Transfers, Modifications, Conditions

and Forfeitures

101.53 Assignment or transfer of station

authorization.

101.55 Considerations involving transfer or

assignment applications.

101.57 Modification of station license.

101.59 Processing of applications for

facility minor modifications.

101.61 Certain modifications not requiring

prior authorization.

101.63 Period of construction; certification

of completion of construction.

101.65 Forfeiture and termination of station

authorizations.

101.67 License period.

101.69 Transition of the 2.11–2.13 and

2.16–2.18 GHz bands from the Common

Carrier Fixed Point-to-Point Microwave

Services and the 1.85–1.99, 2.13–2.15,

and 2.18–2.20 GHz bands from the

Private Operational Fixed Point-to-Point

Microwave Service to emerging

technologies.

Subpart C—Technical Standards

101.101 Frequency availability.

101.103 Frequency coordination

procedures.

101.105 Interference protection criteria.

101.107 Frequency tolerance.

101.109 Bandwidth.

101.111 Emission limitations.

101.113 Transmitter power limitations.

101.115 Directional antennas.

101.117 Antenna polarization.

101.119 Simultaneous use of common

antenna structures.

101.121 Marking of antenna structures.

101.123 Quiet zones.

101.125 Temporary fixed antenna height

restrictions.

101.127 Topographical data.

101.129 Transmitter location.

101.131 Transmitter construction and

installation.

101.133 Limitations on use of transmitters.

101.135 Shared use of radio stations and

the offering of private carrier service.

101.137 Interconnection of private

operational fixed point-to-point

microwave stations.

101.139 Authorization of transmitters.

101.141 Microwave modulation.

101.143 Minimum path length

requirements.

101.145 Interference to geostationarysatellites.

101.147 Frequency assignments.

101.149 Special requirements for operation

in the band 38,600–40,000 MHz.

Subpart D—Technical Operation

101.201 Station inspection.

101.203 Communications concerning safety

of life and property.

101.205 Operation during emergency.

101.207 Suspension of transmission.

101.209 Operation of stations at temporary

fixed locations for communication

between the United States and Canada or

Mexico.

101.211 Operator requirements.

101.213 Station identification.

101.215 Posting of station authorization and

transmitter identification cards, plates,

or signs.

101.217 Station records.

Subpart E—Miscellaneous Common Carrier

Provisions

101.301 National defense; free service.

101.303 Answers to notices of violation.

101.305 Discontinuance, reduction or

impairment of service.

101.307 Tariffs, reports, and other material

required to be submitted to the

Commission.

101.309 Requirement that licensees respond

to official communications.

101.311 Equal employment opportunities.

Subpart F—Developmental Authorizations

101.401 Eligibility.

101.403 Scope of service.

101.405 Adherence to program of research

and development.

101.407 Special procedure for the

development of a new service or for the

use of frequencies not in accordance

with the provisions of the rules in this

part.

101.409 Terms of grant; general limitations.

101.411 Supplementary showing required.

101.413 Developmental report required.

Subpart G—Digital Electronic Message

Service

101.501 Eligibility.

101.503 Digital Electronic Message Service

Nodal Stations.

101.505 Frequencies.

101.507 Frequency stability.

101.509 Interference protection criteria.

101.511 Purpose and permissible service.

101.513 Transmitter power.

101.515 Emissions and bandwidth.

101.517 Antennas.

101.519 Interconnection.

101.521 Spectrum utilization.

Subpart H—Private Operational Fixed Pointto-Point Microwave Service

101.601 Eligibility.

101.603 Permissible communications.

Subpart I—Common Carrier Fixed Point-toPoint Microwave Service

101.701 Eligibility.

101.703 Permissible communications.

101.705 Renewal of station licenses.

Subpart J—Local Television Transmission

Service

101.801 Eligibility.

101.803 Frequencies.

101.805 Assignment of frequencies to

mobile stations.

101.807 Transmitter power.

101.809 Bandwidth and emission

limitations.

101.811 Modulation requirements.

101.813 Remote control operation of mobile

television pickup stations.

101.815 Stations at temporary fixed

locations.

101.817 Notification of station operation at

temporary locations.

101.819 Stations affected by coordination

contour procedures.

Authority: 47 U.S.C. 154, 303, unless

otherwise noted.

Subpart A—General

§ 101.1 Scope and authority.

(a) The purpose of the rules in this

part is to prescribe the manner in which

portions of the radio spectrum may be

made available for private operational

and common carrier fixed microwave

operations that require transmitting

facilities on land or in specified offshore

coastal areas within the continental

shelf.

(b) The rules in this part are issued

pursuant to the authority contained in
26678 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

Titles I through III of the

Communications Act of 1934, as

amended, which vest authority in the

Federal Communications Commission

to regulate common carriers of interstate

and foreign communications, to regulate

radio transmissions and issue licenses

for radio stations, and to regulate all

interstate and foreign communications

by wire and radio necessary to the

accomplishment of the purposes of the

Act.

§ 101.3 Definitions.

As used in this part.

Antenna power gain. The ratio of the

maximum radiation intensity to that of

an isotropic (omnidirectional) radiator

in the far field of its main (forward

direction) lobe.

Antenna power input. The radio

frequency peak or RMS power, as the

case may be, supplied to the antenna

from the antenna transmission line and

its associated impedance matching

network.

Antenna structure. The antenna, its

supporting structure and anything

attached to it.

Assigned frequency. The center of the

frequency band assigned to a station.

Assigned frequency bandwidth. The

frequency band within which the

emission of a station is authorized; the

width of the band equals the necessary

bandwidth plus twice the absolute value

of the frequency tolerance.

Authorized bandwidth. The

maximum bandwidth authorized to be

used by a station as specified in the

station license. (See § 2.202 of this

chapter)

Authorized frequency. The frequency,

or frequency range, assigned to a station

by the Commission and specified in the

instrument of authorization.

Authorized power. The maximum

power a station is permitted to use. This

power is specified by the Commission

in the station’s authorization.

Automatic Transmitter Power Control

(ATPC). ATPC is a feature of a digital

microwave radio system that adjusts the

transmitter output power. ATPC allows

the transmitter to operate at less than

maximum power for most of the time.

In a radio employing ATPC, the transmit

power is reduced during normal

operation conditions. When the receiver

detects a reduction in signal level, a

control signal is sent to the far end

transmitter, instructing it to increase the

power output to compensate for the

signal reduction. The power output is

limited to the licensed (maximum)

transmit power. Guidelines for use of

ATPC are set forth in the TIA

Telecommunications Systems Bulletin

TSB 10, ‘‘Interference Criteria for

Microwave Systems (TSB 10).’’

Bandwidth occupied by an emission.

The band of frequencies comprising 99

percent of the total radiated power

extended to include any discrete

frequency on which the power is at least

0.25 percent of the total radiated power.

Bit rate. The rate of transmission of

information in binary (two state) form in

bits per unit time.

Carrier. In a frequency stabilized

system, the sinusoidal component of a

modulated wave whose frequency is

independent of the modulating wave; or

the output of a transmitter when the

modulating wave is made zero; or a

wave generated at a point in the

transmitting system and subsequently

modulated by the signal; or a wave

generated locally at the receiving

terminal which when combined with

the side bands in a suitable detector,

produces the modulating wave.

Carrier frequency. The output of a

transmitter when the modulating wave

is made zero.

Central office. A landline termination

center used for switching and

interconnection of public message

communication circuits.

Common carrier fixed point-to-point

microwave service. A common carrier

public radio service rendered on

microwave frequencies by fixed and

temporary fixed stations between points

that lie within the United States or

between points to its possessions or to

points in Canada or Mexico.

Communication common carrier. Any

person engaged in rendering

communication service for hire to the

public.

Control point. An operating position

at which an operator responsible for the

operation of the transmitter is stationed

and which is under the control and

supervision of the licensee.

Control station. A fixed station, the

transmissions of which are used to

control automatically the emissions or

operations of a radio station, or a remote

base station transmitter.

Coordination area. The area

associated with a station outside of

which another station sharing the same

or adjacent frequency band neither

causes nor is subject to interfering

emissions greater than a permissible

level.

Coordination contour. The line

enclosing the coordination area.

Coordination distance. The distance

on a given azimuth from a station

beyond which another station neither

causes nor is subject to interfering

emissions greater than a permissible

level.

Digital Electronic Message Nodal

Station. A fixed point-to-multipoint

radio station in a Digital Electronic

Message Service providing two-way

communication with Digital Electronic

Message User Stations.

Digital Electronic Message Service. A

two-way end-to-end fixed radio service

utilizing digital termination systems for

the exchange of digital information.

This service may also make use of pointto-point microwave facilities, satellite

facilities or other communications

media to interconnect digital

termination systems to comprise a

network.

Digital Electronic Message User

Station. Any one of the fixed microwave

radio stations located at users’ premises,

lying within the coverage area of a

Digital Electronic Message Nodal

Station, and providing two-way digital

communications with the Digital

Electronic Message Nodal Station.

Digital modulation. The process by

which some characteristic (frequency,

phase, amplitude or combinations

thereof) of a carrier frequency is varied

in accordance with a digital signal, e.g.,

one consisting of coded pulses or states.

Drop point. A term used in the pointto-point microwave radio service to

designate a terminal point where service

is rendered to a subscriber.

Earth station. A station located either

on the Earth’s surface or within the

major portion of Earth’s atmosphere and

intended for communication:

(1) With one or more space stations;

or

(2) With one or more stations of the

same kind by means of one or more

reflecting satellites or other objects in

space.

Effective radiated power (ERP). The

product of the power supplied to the

antenna and its gain relative to a halfwave dipole in a given direction.

Equivalent Isotropically Radiated

Power (EIRP). The product of the power

supplied to the antenna and the antenna

gain in a given direction relative to an

isotropic antenna.

Exchange. A unit of a communication

company or companies for the

administration of communication

service in a specified area, which

usually embraces a city, town, or village

and its environs, and consisting of one

or more central offices, together with the

associated plant, used in furnishing

communication service in that area.

Exchange area. The geographic area

included within the boundaries of an

exchange.

Fixed satellite earth station. An earth

station intended to be used at a

specified fixed point.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26679

Fixed relay station. A fixed station

associated with one or more stations,

established to receive radio signals

directed to it and to retransmit them

automatically on a fixed service

frequency.

Fixed Service. A radio

communications service between

specified fixed points.

Fixed station. A station in the fixed

service.

Frequency tolerance. The maximum

permissible departure by the center

frequency of the frequency band

occupied by an emission from the

assigned frequency or, by the

characteristic frequency of an emission

from the reference frequency.

Note: The frequency tolerance is expressed

as a percentage or in Hertzs.

General communication. Two-way

voice communication, through a base

station, between:

(1) A common carrier land mobile or

airborne station and a landline

telephone station connected to a public

message landline telephone system;

(2) Two common carrier land mobile

stations;

(3) Two common carrier airborne

stations;

(4) A common carrier land mobile

station and a common carrier airborne

station.

Harmful interference. Interference

that endangers the functioning of a

radionavigation service or of other

safety services or seriously degrades,

obstructs or repeatedly interrupts a

radiocommunication service operating

in accordance with these regulations.

Internodal link. A point-to-point

communications link used to provide

communications between nodal stations

or to interconnect nodal stations to

other communications media.

Landing area. A landing area means

any locality, either of land or water,

including airports and intermediate

landing fields, which is used, or

approved for use for the landing and

take-off of aircraft, whether or not

facilities are provided for the shelter,

servicing, or repair of aircraft, or for

receiving or discharging passengers or

cargo.

Local Television Transmission

Service. A public radio communication

service for the transmission of television

material and related communications.

Long haul system. A microwave

system licensed under this part in

which the longest radio circuit of

tandem radio paths exceeds 402

kilometers.

Master station. A station in a multiple

address radio system that controls,

activates or interrogates four or more

remote stations. Master stations

performing such functions may also

receive transmissions from remote

stations.

Message center. The point at which

messages from members of the public

are accepted by the carrier for

transmission to the addressee.

Microwave frequencies. As used in

this part, this term refers to frequencies

of 890 MHz and above.

Microwave link. A link is defined as

a simplex communications circuit

between two points utilizing a single

frequency/polarization assignment. A

duplex communications circuit would

require two links, one link in each

direction.

Miscellaneous common carriers.

Communications common carriers that

are not engaged in the business of

providing either a public landline

message telephone service or public

message telegraph service.

Mobile earth station. An earth station

intended to be used while in motion or

during halts at unspecified points.

Mobile Service. A radio

communication service between mobile

and land stations or between mobile

stations.

Mobile station. A station in the mobile

service intended to be used while in

motion or during halts at unspecified

points.

Multiple address system (MAS). A

point-to-multipoint radio

communications system, either one-way

or two-way, utilizing frequencies in

accordance with § 101.147 and serving a

minimum of four unique remote

stations. Each master station must serve

at least its own four remotes. The

remote stations must be scattered over

the service area in such a way that two

or more point-to-point systems would

be needed to serve those remotes.

National Spatial Reference System.

The National Spatial Reference System

(NSRS) is the name given to all Geodetic

Control information contained in the

National Geodetic Survey (NGS) Data

Base. This includes: A, B, First, Second,

and Third Order horizontal and vertical

control observed by NGS as well as data

submitted by other agencies (i.e., USGS,

BLM, States, Counties, Cities, and

private surveying organizations).

Necessary bandwidth. For a given

class of emission, the width of the

frequency band that is just sufficient to

ensure the transmission of information

at the rate and with the quality required

under specified conditions. The

necessary bandwidth may be calculated

using the formulas in § 2.202 of this

chapter.

Nodal station. The central or

controlling station in a radio system

operating on point-to-multipoint

frequencies in the 2.5, 10.6, or 18 GHz

bands.

Occupied bandwidth. The width of a

frequency bandwidth such that, below

the lower and above the upper

frequency limits, the mean powers

emitted are each equal to a specified

percentage, B/2 of the total mean power

of a given emission. Unless otherwise

specified by the CCIR for the

appropriate class of emission, the value

of B/2 should be taken as 0.5%.

Note: The percentage of the total power

outside the occupied bandwidth is

represented by B.

Operational fixed station. A private

fixed station not open to public

correspondence.

Passive repeater. A re-radiation

device associated with a transmitting/

receiving antenna system that re-directs

intercepted radiofrequency energy. For

example, it may consist of reflector(s) or

back-to-back parabolic or horn antennas.

Path length. The total distance of a

path from the transmit to the receive

antenna, inclusive of all passive

repeaters, if any.

Periscope antenna system. An

antenna system which involves the use

of a passive reflector to deflect radiation

from or to a directional transmitting or

receiving antenna which is oriented

vertically or near vertically.

Prior coordination. A bilateral process

conducted prior to filing applications

which includes the distribution of the

technical parameters of a proposed

radio system to potentially affected

parties for their evaluation and timely

response.

Private carrier. An entity licensed in

the private service and authorized to

provide communications service to

other private service eligibles on a

commercial basis.

Private line service. A service

whereby facilities for communication

between two or more designated points

are set aside for the exclusive use or

availability for use of a particular

customer and authorized users during

stated periods of time.

Private operational fixed point-topoint microwave service. A private line

radio service rendered on microwave

frequencies by fixed and temporary

fixed stations between points that lie

within the United States or between

points to its possessions or to points in

Canada or Mexico.

Public correspondence. Any

telecommunication which the offices

and stations must, by reason of their

being at the disposal of the public,

accept for transmission.

Public message service. A service

whereby facilities are offered to the
26680 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

public for communication between all

points served by a carrier or by

interconnected carriers on a nonexclusive message by message basis,

contemplating a separate connection for

each occasion of use.

Radio station. A separate transmitter

or a group of transmitters under

simultaneous common control,

including the accessory equipment

required for carrying on a

radiocommunication service.

Radiocommunication.

Telecommunication by means of radio

waves.

Rated power output. The maximum

radio frequency power output capability

(peak or average power) of a transmitter,

under optimum conditions of

adjustment and operation, specified by

its manufacturer.

Record communication. Any

transmission of intelligence which is

reduced to visual record form at the

point of reception.

Reference frequency. A frequency

having a fixed and specified position

with respect to the assigned frequency.

The displacement of this frequency with

respect to the assigned frequency has

the same absolute value and sign that

the displacement of the characteristic

frequency has with respect to the centre

of the frequency band occupied by the

emission.

Relay station. A fixed station used for

the reception and retransmission of the

signals of another station or stations.

Remote station. A fixed station in a

multiple address radio system that

transmits one-way to one or more

central receive sites, controls a master

station, or is controlled, activated or

interrogated by, and may respond to, a

master station.

Repeater station. A fixed station

established for the automatic

retransmission of radiocommunications

received from one or more mobile

stations and directed to a specified

location; for public mobile radio

operations, a fixed station that

automatically retransmits the mobile

communications and/or transmitter

information about the base station,

along a fixed point-to-point link

between the base station and the central

station.

Short haul system. A microwave

system licensed under this part in

which the longest radio circuit of

tandem radio paths does not exceed 402

kilometers.

Signaling communication. One-way

communications from a base station to

a mobile or fixed receiver, or to multipoint mobile or fixed receivers by

audible or subaudible means, for the

purpose of actuating a signaling device

in the receiver(s) or communicating

information to the receiver(s), whether

or not the information is to be retained

in record form.

Standby transmitter. A transmitter

installed and maintained for use in lieu

of the main transmitter only during

periods when the main transmitter is

out of service for maintenance or repair.

Symbol rate. Modulation rate in

bauds. This rate may be higher than the

transmitted bit rate as in the case of

coded pulses or lower as in the case of

multilevel transmission.

Telegraphy. A form of

telecommunication which is concerned

in any process providing transmission

and reproduction at a distance of

documentary matter, such as written or

printed matter or fixed images, or the

reproduction at a distance of any kind

of information in such a form. Unless

otherwise specified, telegraphy means a

form of telecommunication for the

transmission of written matter by the

use of signal code.

Telemetering. The use of

telecommunication for automatic

indicating or recording measurements at

a distance from the measuring

instrument.

Telephony. A form of

telecommunication set up for the

transmission of speech, or in some

cases, other sounds.

Television. A form of

telecommunication for transmission of

transient images of fixed or moving

objects.

Temporary fixed station. A station

established in a non-permanent mode

(temporary) at a specified location for a

short period of time, ranging up to one

year. Temporary-fixed operations are

itinerant in nature, and are not to be

confused with mobile-type operations.

Video entertainment material. The

transmission of a video signal (e.g.

United States Standard Monochrome or

National Television Systems Committee

525-line television) and an associated

audio signal which is designed

primarily to amuse or entertain, such as

movies and games.

Subpart B—Applications and Licenses

General Filing Requirements

§ 101.4 Transition plan.

(a) All systems subject to parts 21 and

94 of this chapter in effect as of July 31,

1996, which are licensed or which are

proposed in an application on file, as of

July 31, 1996, are subject to the

requirements under part 21 or part 94 of

this chapter as contained in the CFR

edition revised as of October 1, 1995

and amended in the Federal Register

through July 31, 1996, as applicable.

(b) For purposes of this section, a

‘‘system’’ shall include:

(1) The originally licensed system;

(2) Any modification to the original

system involving a change in antenna

azimuth, antenna beam width, channel

loading, emission, station location,

antenna height, authorized power, or

authorized frequencies;

(3) Additional links constructed to

complete an integrated communications

network; or

(4) Operationally connecting new

facilities and/or frequencies.

(c) All radio frequency devices

authorized pursuant to part 2 of this

chapter as being in compliance with

applicable part 21 or part 94 of this

chapter in effect as of July 31, 1996,

requirements can be used indefinitely

with systems licensed under this part

101.

§ 101.5 Station authorization required.

(a) No radio transmitter shall be

operated in this service except under

and in accordance with a proper station

authorization granted by the Federal

Communications Commission. Except

as provided in paragraph (d) of this

section, no construction, modification

or operation of a station may be

commenced without an authorization

from the Commission.

(b) A separate application form must

be filed for each Digital Electronic

Message Service Nodal Station. No

license is required for a Digital

Electronic Message User Station.

Authority for a Digital Electronic

Message Nodal Station licensee to serve

a specific number of user stations to be

licensed in the name of the carrier must

be requested on FCC Form 494 filed for

the Digital Electronic Message Nodal

Station.

(c) If construction and or operation

may have a significant environmental

impact as defined by § 1.1307 of this

chapter, the requisite environmental

assessment as prescribed in § 1.1311 of

this chapter must be filed with the

application and Commission

environmental review must be

completed before construction of the

station is initiated. See § 1.1312 of this

chapter.

(d) For stations authorized under

subpart H (Private Operational Fixed

Point-to-Point Microwave Service) and

subpart I (Common Carrier Fixed Pointto-Point Microwave Service),

construction of new or modified stations

may be initiated prior to grant of an

authorization. As a condition to

commencing construction under this

paragraph (d), the Commission may, at

any time and without hearing or notice,

prohibit such construction for any
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26681

reason. Any construction conducted

hereunder is at the applicant’s sole risk.

§ 101.7 Eligibility for station license.

(a) A station license may not be

granted to or held by a foreign

government or by a representative of a

foreign government.

(b) In the Common Carrier service, a

station license may not be granted or

held by:

(1) Any alien or the representative of

any alien;

(2) Any corporation organized under

the laws of any foreign government;

(3) Any corporation of which any

officer or director is an alien;

(4) Any corporation of which more

than one-fifth of the capital stock is

owned of record or voted by: Aliens or

their representatives; a foreign

government or representatives thereof;

or any corporation organized under the

laws of a foreign country;

(5) Any corporation directly or

indirectly controlled by any other

corporation of which any officer or more

than one-fourth of the directors are

aliens, if the Commission finds that the

public interest will be served by the

refusal or revocation of such license; or

(6) Any corporation directly or

indirectly controlled by any other

corporation of which more than onefourth of the capital stock is owned of

record or voted by aliens or their

representatives, or by a foreign

government or representative thereof, or

by any corporation organized under the

laws of a foreign government, if the

Commission finds that the public

interest will be served by the refusal or

revocation of such license.

§ 101.9 Formal and informal applications.

(a) Except for an authorization under

any of the proviso clauses of section

308(a) of the Communications Act of

1934 (47 U.S.C. 308(a)), the Commission

will grant the following authorizations

only upon written application: Station

licenses; modifications of station

licenses; renewals of station licenses;

extensions of time to construct; transfers

and assignments of station licenses or of

any rights thereunder.

(b) Except as may be otherwise

permitted by this part, a separate

written application must be filed for

each instrument of authorization

requested. Applications may be:

(1) ‘‘Formal applications’’ where the

Commission has prescribed in this part

a standard form; or

(2) ‘‘Informal applications’’ (normally

in letter form) where the Commission

has not prescribed a standard form.

(c) An informal application will be

accepted for filing only if:

(1) A standard form is not prescribed

or clearly applicable to the

authorization requested;

(2) It is a document submitted, in

duplicate, with a caption which

indicates clearly the nature of the

request, radio service involved, location

of the station, and the application file

number (if known); and

(3) It contains all the technical details

and informational showings required by

the rules and states clearly and

completely the facts involved and

authorization desired.

§ 101.11 Filing of applications, fees, and

number of copies.

(a) Part 1 of this chapter contains

information on application filing

procedures and requirements for all

services authorized under this part. All

filings must include the original

application plus one copy.

(b) Applications or filings requiring

fees as set forth at part 1, subpart G of

this chapter must be filed in accordance

with § 0.401(b) of this chapter.

Applications or filings not requiring fees

must be submitted to: Federal

Communications Commission, Common

Carrier Radio Services, 1270 Fairfield

Road, Gettysburg, PA 17325.

(c) All correspondence or

amendments concerning a submitted

application must clearly identify the

radio service, the name of the applicant,

station location, and the Commission

file number (if known) or station call

sign of the application involved.

(d) Except as otherwise specified, all

applications, amendments, and

correspondence must be signed as

prescribed by part 1 of this chapter.

§ 101.13 Application forms and

requirements for private operational fixed

stations.

(a) A separate application must be

submitted on FCC Form 402 for the

following:

(1) New station authorization for

private operational fixed microwave

station;

(2) New authorization to operate one

or more fixed stations at temporary

locations in this service;

(3) Modification of station license;

(4) New station authorization or

modification of license for each master

station of a system consisting of a

master station and its associated remote

stations;

(5) The Commission’s consent to the

complete or partial assignment of an

authorization to another person or

entity, or the transfer of control of an

entity holding an authorization. In

addition, the application must be

accompanied by a signed letter from

proposed assignor/transferor stating the

desire to assign all or part of its right,

title, and interest in and to such

authorization, or to transfer control over

the entity holding the authorization,

stating the call sign and location of the

station, and that, if applicable, the

assignor will submit its current station

authorization for cancellation upon

completion of the assignment. Form

1046 may be used in lieu of this letter.

Licensees who fail to consummate must

modify their licenses to conform them

to their initial state within 30 days of a

failure to consummate; or

(6) Amendment of any application.

(b) An application for authority to

operate a fixed station at temporary

locations must specify the precise

geographic area within which the

operation will be confined. The area

specified must be defined as a radius of

operation about a given state or states,

latitude/longitude, or as a rectangular

area bounded by upper and lower lines

of latitude and longitude. Exception to

this specific requirement may be made

for exceptionally large areas, such as the

continental United States. Sufficient

data must be submitted to show the

need for the proposed area of operation.

If an operational-fixed station is

authorized to be operated at temporary

locations and actually remains, or is to

remain, at the same location for a period

of over a year, application for a

permanent authorization specifying the

fixed location must be made as soon as

possible but not later than 30 days after

the expiration of the one-year period.

(c) A separate Form 402 for point-tomultipoint frequencies in the 10.6 GHz

and 18 GHz bands must be filed for each

Nodal Station except for operations

consistent with § 101.147. Each Nodal

Station application must specify the

service area that will be served by the

station in terms of a distance radius or

other geographical specification, and, if

applicable, the Standard Metropolitan

Statistical Area (SMSA) being served.

(d) Application for renewal of station

licenses must be submitted on such

form as the Commission may designate

by public notice. Applications for

renewal must be made during the

license term and should be filed within

90 days, but not later than 30 days, prior

to the end of the license term. When a

licensee submits a timely application for

renewal of a station license, the existing

license for that station will continue as

a valid authorization until the

Commission has made a final decision

on the application. Whenever a group of

station licenses in the same radio

service are to be renewed

simultaneously, a single ‘‘blanket’’

application may be filed to cover the
26682 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

entire group if the application identifies

each station by call sign and station

location. Applicants should note also

any special renewal requirements under

the rules for such radio station(s).

(e) A separate application must be

filed for each fixed master station in a

Multiple Address System (MAS).

Applications may include any number

of remote stations in a single

application, but must specify the

geographic service area in which these

remote stations will be located.

Applications for mobile operations or

for systems employing only remote

stations must designate a reference

point (set of coordinates) at or near the

center of the area being served.

(f) Cancellation of a license can be

made by letter.

§ 101.15 Application forms for common

carrier fixed stations.

(a) New or modified facilities. FCC

Form 494 must be submitted and a

license granted for each station. FCC

Form 494 also must be submitted to

amend any license application, to

modify any license pursuant to

§§ 101.57(a) and 101.59, and to notify

the Commission of modifications made

pursuant to § 101.61. Cancellation of a

license can be made by letter.

(b) Additional time to construct. FCC

Form 701 (‘‘Application for Additional

Time to Construct Radio Station’’) must

be filed prior to the expiration of the

time for construction noted in a

conditional license to modify the

license by extending the period of

construction.

(c) Renewal of station license. Except

for renewal of special temporary

authorizations, FCC Form 405

(‘‘Application for Renewal of Station

License’’) must be filed by the licensee

between thirty (30) and sixty (60) days

prior to the expiration date of the

license sought to be renewed. Whenever

a group of station licenses in the same

radio service are to be renewed

simultaneously, a single ‘‘blanket’’

application may be filed to cover the

entire group if the application identifies

each station by call sign and station

location. Applicants should note also

any special renewal requirements under

the rules for each radio service. When

a licensees submits a timely application

for renewal of a station license, the

existing license continues in effect until

the Commission has rendered a decision

on the renewal application.

(d) Assignment of license. FCC Form

702 (‘‘Application for Consent to

Assignment of Radio Station

Construction Authorization or License

for Stations in Services Other than

Broadcast’’) must be submitted to assign

voluntarily (as by, for example, contract

or other agreement) or involuntarily (as

by, for example, death, bankruptcy, or

legal disability) the station

authorization. In the case of involuntary

assignment (or transfer of control) the

application must be filed within 10 days

of the event causing the assignment (or

transfer of control). FCC Form 702 must

also be used for non-substantial (pro

forma) assignments. Whenever a group

of station licenses in the same radio

services are to be assigned to a single

assignee, a single ‘‘blanket’’ application

may be filed to cover the entire group,

if the application identifies each station

by call sign and station location.

Licensees who fail to consummate must

modify their licenses to conform them

to their initial state within 30 days of a

failure to consummate.

(e) Partial assignment of license.

Authorization for assignment from one

company to another of only a part or

portions of the facilities (transmitters)

authorized under an existing license (as

distinguished from an assignment of the

facilities in their entirety) may be

granted upon application:

(1) By the assignor on FCC Form 494

for deletion of the assigned facilities (no

fee required); and

(2) By the assignee on FCC Form 494

with a request for recertification in the

name of the assignee for frequencies

eliminated from assignor’s license (fee

required). In the event that

consummation does not occur, FCC

Form 494 must be submitted to return

the assignor’s license to its original

condition.

(f) Transfer of control of corporation

holding a conditional license or license.

FCC Form 704 (‘‘Application for

Consent to Transfer of Control’’) must be

submitted in order to voluntarily or

involuntarily transfer control (de jure or

de facto) of a corporation holding any

conditional licenses or licenses. FCC

Form 704 must also be used for nonsubstantial (pro forma) transfers of

control. Licensees who fail to

consummate must modify their licenses

to conform them to their initial state

within 30 days of a failure to

consummate.

§ 101.17 [Reserved]

§ 101.19 General application requirements.

(a) Each application for a license or

for consent to assignment or transfer of

control must:

(1) Disclose fully the real party (or

parties) in interest, including (as

required) a complete disclosure of the

identity and relationship of those

persons or entities directly or indirectly

owning or controlling (or both) the

applicant;

(2) Demonstrate the applicant’s legal,

technical, and other qualifications to be

a licensee;

(3) Submit the information required

by the Commission’s rules, requests,

and application forms;

(4) Be maintained by the applicant

substantially accurate and complete in

all significant respects in accordance

with the provisions of § 1.65 of this

chapter; and

(5) Show compliance with the special

requirements applicable to each radio

service and make all special showings

that may be applicable (e.g., those

required by §§ 101.103(d), 101.701, and

of this part, etc.).

(b) In addition to the general

application requirements of §§ 101.19

and 101.21, applicants must submit any

additional documents, exhibits, or

signed written statements of fact:

(1) As may be required by the other

parts of the Commission’s rules, and the

other subparts of this part (particularly

Subpart C and those subparts applicable

to the specific radio service involved);

and

(2) As the Commission, at any time

after the filing of an application and

during the term of any authorization,

may require from any applicant,

permittee, or licensee to enable it to

determine whether a radio authorization

should be granted, denied, or revoked.

(c) All applicants are required to

indicate at the time their application is

filed whether an authorization of the

facilities is categorically excluded as

defined by § 1.1306 of this chapter. If

answered affirmatively, an

Environmental Assessment as described

by § 1.1311 of this chapter, need not be

filed with the application.

§ 101.21 Technical content of applications.

Applications must contain all

technical information required by the

application form and any additional

information necessary to fully describe

the proposed facilities and to

demonstrate compliance with all

technical requirements of the rules

governing the radio service involved

(see subparts C, F, G, I, and J, as

appropriate). The following paragraphs

describe a number of technical

requirements.

(a) Each application proposing a new

or modified antenna structure for a

station (including a receive-only or

passive repeater) must indicate whether

the owner has registered the structure

with the Commission. Complete

information as to rules concerning the

registration, construction, marking and

lighting of antenna structures is
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26683

contained in part 17 of this chapter. See

also § 101.121 if the structure is used by

more than one station.

(b) Each application for construction

permit for a developmental

authorization must be accompanied by

pertinent supplemental information as

required by § 101.411 in addition to

such information as may be specifically

required by this section.

(c) An applicant proposing

construction of one or more new

stations or modification of existing

stations must submit the location and

telephone number (if known) of the

maintenance center for a fixed

microwave system. In lieu of providing

the location and telephone number of

the maintenance center(s) on a case by

case basis, a licensee may file a

complete list for all operational stations

with the Commission and the EngineerIn-Charge of the appropriate radio

district on an annual basis or at more

frequent intervals as necessary to keep

the information current.

(d) Each application in the Private

Operational Fixed Point-to-Point

Microwave, Common Carrier Fixed

Point-to-Point Microwave, Local

Television Transmission, and Digital

Electronic Message Services (excluding

user stations) proposing a new or

replacement antenna (excluding

omnidirectional antennas) must include

an antenna radiation pattern showing

the antenna power gain distribution in

the horizontal plane expressed in

decibels, unless such pattern is known

to be on file with the Commission in

which case the applicant may reference

in its application the FCC–ID number

that indicates that the pattern is on file

with the Commission.

(e) Each application in the Private

Operational Fixed Point-to-Point

Microwave Service and the Common

Carrier Fixed Point-to-Point Microwave

Service must include the following

information:

Applicant’s name and address.

Transmitting station name.

Transmitting station coordinates.

Frequencies and polarizations to be added,

changed or deleted.

Transmitting equipment type, its stability,

actual output power, emission designator,

and type of modulation (loading).

Transmitting antenna type(s), model, gain,

and, if required, a radiation pattern

provided or certified by the manufacturer.

Transmitting antenna center line height(s)

above ground level and ground elevation

above mean sea level.

Receiving station name.

Receiving station coordinates.

Receiving antenna type(s), model, gain, and,

if required, a radiation pattern provided or

certified by the manufacturer.

Receiving antenna center line height(s) above

ground level and ground elevation above

mean sea level.

Path azimuth and distance.

Estimated transmitter transmission line loss

expressed in dB.

Estimated receiver transmission line loss

expressed in dB.

Note: The position location of antenna sites

shall be determined to an accuracy of no less

than ±1 second in the horizontal dimensions

(latitude and longitude) and ±1 meter in the

vertical dimension (ground elevation) with

respect to the National Spacial Reference

System.

(f) All applicants for regular

authorization must, before filing an

application, amendments to a pending

application, or modifications to a

license, prior coordinate the proposed

frequency usage with existing users in

the area and other applicants with

previously filed applications in

accordance with the procedures in

§ 101.103. In those frequency bands

shared with the communication-satellite

service, an applicant for a new station,

for new points of communication, for

the initial frequency assignment in a

shared band for which coordination has

not been previously effected, or for

authority to modify the emission or

radiation characteristics of an existing

station in a manner that may increase

the likelihood of harmful interference,

must ascertain in advance whether the

station(s) involved lie within the great

circle coordination distance contours of

an existing Earth station or one for

which an application has been accepted

for filing, and must coordinate his

proposal with each such Earth station

operator or applicant. For each potential

interference path, the applicant must

perform the computations required to

determine that the expected level of

interference to or from the terrestrial

station does not exceed the maximum

permissible interference power level in

accordance with the technical standards

and requirements of §§ 25.251–25.256 of

this chapter. The Commission may, in

the course of examining any

application, require the submission of

additional showings, complete with

pertinent data and calculations in

accordance with part 25 of this chapter,

showing that harmful interference will

not likely result from the proposed

operation. (Technical characteristics of

the Earth stations on file and

coordination contour maps for those

Earth stations will be kept on file for

public inspection in the offices of the

Commission’s International Bureau in

Washington, DC)

§ 101.23 Waiver of rules.

Waivers of these rules may be granted

upon application or on the

Commission’s own motion.

A request for waiver shall contain a

statement of reasons sufficient to justify

a waiver. A waiver will not be granted

except upon an affirmative showing

that:

(a) The underlying purpose of the rule

will not be served, or would be

frustrated, by its application in the

particular case, and that grant of the

waiver is otherwise in the public

interest; or

(b) The unique facts and

circumstances of a particular case

render application of the rule

inequitable, unduly burdensome or

otherwise contrary to the public

interest. Applicants must also show the

lack of a reasonable alternative.

§ 101.25 Inconsistent or conflicting

applications.

While an application is pending and

undecided, no subsequent inconsistent

or conflicting application may be filed

by the same applicant, the applicant’s

successor or assignee, or on behalf or for

the benefit of the same applicant, the

applicant’s successor or assignee.

§ 101.27 Repetitious applications.

(a) Where an applicant has been

afforded an opportunity for a hearing

with respect to a particular application

for a new station, or for an extension or

enlargement of a service or facilities,

and the Commission has, after hearing

or default, denied the application or

dismissed it with prejudice, the

Commission will not consider a like

application involving service of the

same kind to the same area by the same

applicant, or by the applicant’s

successor or assignee, or on behalf of or

for the benefit of the original parties in

interest, until after the lapse of 12

months from the effective date of the

Commission’s order. The Commission

may, for good cause shown, waive the

requirements of this section.

(b) Where an appeal has been taken

from the action of the Commission

denying a particular application,

another application for the same class of

station and for the same area, in whole

or in part, filed by the same applicant

or by the applicant’s successor or

assignee, or on behalf or for the benefit

of the original parties in interest, will

not be considered until the final

disposition of such appeal.

§ 101.29 Amendment of pending

applications.

(a) Any pending application may be

amended as a matter of right if the
26684 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

application has not been designated for

hearing, or for comparative evaluation

pursuant to § 101.51, or for the random

selection process, provided, however,

that the amendments must comply with

the provisions of § 101.41 as

appropriate.

(b) Requests to amend an application

designated for hearing or for

comparative evaluation, or tentatively

selected by the random selection

process may be granted only if a written

petition demonstrating good cause is

submitted and properly served upon the

parties of record.

(c) The Commission will classify

amendments on a case-by-case basis.

Whenever previous amendments have

been filed, the most recent amendment

will be classified by reference to how

the information in question stood as of

the latest Public Notice issued which

concerned the application. An

amendment will be deemed to be a

major amendment subject to § 101.37

and § 101.45 under any of the following

circumstances:

(1) If the amendment results in a

substantial modification of the

engineering proposal such as (but not

necessarily limited to):

(i) A change in, or an addition of a

radio frequency channel;

(ii) A change in polarization of the

transmitted signal;

(iii) An increase in the equivalent

isotropically radiated power of three (3)

dB or more;

(iv) A change in type of transmitter

emission or an increase in emission

bandwidth of more than ten (10)

percent;

(v) A change in the geographic

coordinates of a station’s transmitting

antenna of more than five (5) seconds of

latitude or longitude, or both;

(vi) A change of more than one (1)

degree in the azimuth of the center of

the main lobe of radiation of a point-topoint station’s transmitting antenna

(including any deflections by repeating

devices);

(vii) Any change which increases the

antenna center line height by 3.0 meters

(ten (10) feet) or more;

(viii) Any changes or combination of

changes which would cause harmful

electrical interference to an authorized

facility or result in a mutually exclusive

conflict with another pending

application; or

(ix) Any technical change that would

increase the effective radiated power in

any direction by more than one and onehalf (1.5) dB in the Digital Electronic

Message Service.

(2) If the amendment would convert a

proposal, such that it may have a

significant impact upon the

environment under § 1.1307 of this

chapter, which would require the

submission of an environmental

assessment, see § 1.1311 of this chapter,

and Commission environmental review,

see §§ 1.1308 and 1.1312 of this chapter.

(3) If the amendment results in a

substantial and material alteration of the

proposed service.

(4) If the amendment specifies a

substantial change in beneficial

ownership or control (de jure or de

facto) of an applicant such that the

change would require, in the case of an

authorized station, the filing of a prior

assignment or transfer of control

application under section 310(d) of the

Communications Act of 1934 (47 U.S.C.

310(d)). Such a change would not be

considered major where the assignment

or transfer of control is for legitimate

business purposes other than the

acquisition of applications.

(5) If the amendment, or the

cumulative effect of the amendment, is

determined by the Commission

otherwise to be substantial pursuant to

section 309 of the Communications Act

of 1934.

(d) A pending application may be

amended by a major amendment to

reflect the relocation of a proposed

station site and a new application will

not be required if:

(1) The geographic coordinates of the

new station site are within 32.2

kilometers of the coordinates of the

original site; and

(2) The relocated station would serve

essentially the same purpose in the

system as originally proposed.

(e) The applicant must serve copies of

any amendments or other written

communications upon the following

parties:

(1) Any applicant whose application

appears on its face to be mutually

exclusive with the application being

amended, including those applicants

originally served under § 101.509;

(2) Any applicant whose application

has been found by the Commission, as

published in a public notice, to be

mutually exclusive with the application

being amended; and

(3) Any party who has filed a petition

to deny the application or other formal

objection, when that petition or formal

objection has not been resolved by the

Commission.

(f) The Commission may waive the

service requirements of paragraph (e) of

this section and prescribe such

alternative procedures as may be

appropriate under the circumstances to

protect petitioners’ interests and to

avoid undue delay in a proceeding, if an

applicant submits a request for waiver

which demonstrates that the service

requirement is unreasonably

burdensome. Requests for waiver must

be served on petitioners. Oppositions to

the petition may be filed within five (5)

days after the petition is filed and must

be served on the applicant. Replies to

oppositions will not be entertained.

(g) Any amendment to an application

must be signed and must be submitted

in the same manner, and with the same

number of copies, as was the original

application. Amendments may be made

in letter form if they comply in all other

respects with the requirements of this

chapter.

§ 101.31 Special temporary, temporary,

and conditional authorizations.

(a) Special temporary authorization.

(1) In circumstances requiring

immediate or temporary use of facilities,

licensees subject to this part may

request special temporary authority to

install and/or operate new or modified

equipment. Any such request may be

submitted as an informal application in

the manner set forth in § 101.9 and must

contain full particulars as to the

proposed operation including all facts

sufficient to justify the temporary

authority sought and the public interest

therein. No such request will be

considered unless the request is

received by the Commission at least 10

days prior to the date of proposed

construction or operation or, where an

extension is sought, expiration date of

the existing temporary authorization.

(2) Special temporary authorization

may be granted upon written request in

the following circumstances:

(i) In emergency situations;

(ii) To permit restoration or relocation

of existing facilities to continue

communication service;

(iii) To conduct tests to determine

necessary data for the preparation of an

application for regular authorization;

(iv) For a temporary, non-recurring

service where a regular authorization is

not appropriate;

(v) In other situations involving

circumstances which are of such

extraordinary nature that delay in the

institution of temporary operation

would seriously prejudice the public

interest.

(3) The Commission may grant

requests for special temporary authority

without issuing the public notice

provided for in § 101.37 for periods not

exceeding 180 days, if there are

extraordinary circumstances supporting

the request and where delay in

commencing temporary operation

would seriously prejudice the public

interest. Requests for special temporary

authorization not involving

extraordinary circumstances may be
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26685

granted without public notice for a

period of 30 days where an application

for regular operation is not

contemplated or for 60 days pending or

after the filing of an application for

regular operation. Requests for special

temporary authority are issued on a

strictly secondary, non-interfering basis,

and do not in any way affect the final

disposition of any application or action

pending before the Commission.

(4) Extension of a special temporary

authorization for a period of 180 days

may be granted, but the renewing

applicant bears a heavy burden to show

that extraordinary circumstances

warrant such an extension.

(5) Request for special temporary

authorization must contain the

following information:

(i) Name, address, and citizenship

status of the applicant;

(ii) Need for special action, including

a description of any emergency or

damage to equipment;

(iii) Type of operation to be

conducted;

(iv) Purpose of operation;

(v) Time and date of operation

desired;

(vi) Class of station and nature of

service;

(vii) Location of station and points

with which station will communicate;

(viii) Equipment to be used,

specifying manufacturer, model

number, and number of units;

(ix) Frequency(s) desired;

(x) Azimuth and beamwidth of major

lobe of transmitting antenna and ERP;

(xi) Type of emission;

(xii) Description of antenna to be

used, including height; and

(xiii) Certification that prior

coordination is complete.

(6) In cases of emergency found by the

Commission, involving danger to life or

property or due to damage of

equipment, or during a national

emergency proclaimed by the President

or declared by the Congress or during

the continuance of any war in which the

United States is engaged and when such

action is necessary for the national

defense or safety or otherwise in

furtherance of the war effort, or in cases

of emergency where the Commission

finds that it would not be feasible to

secure renewal applications from

existing licensees or otherwise to follow

normal licensing procedure, the

Commission will grant construction

permits and station licenses, or

modifications or renewals thereof,

during the emergency found by the

Commission or during the continuance

of any such national emergency or war,

as special temporary licenses, only for

the period of emergency or war,

requiring such action, without the filing

of formal applications.

(b) Temporary authorizations. (1)

Authorizations may be issued upon

proper application for rendition of

temporary service to subscribers under

the following conditions:

(i) When a fixed station, authorized to

operate at temporary locations, is to

remain at a single location for more than

6 months, an application (FCC Form 402

or 494, as appropriate) for a station

authorization designating that single

location as the permanent location shall

be filed at least 90 days prior to the

expiration of the 6-month period;

(ii) The station shall be used only for

rendition of communication service at a

remote point where the provision of

wire facilities is not practicable within

the required time frame; and

(iii) The antenna structure height

employed at any location shall not

exceed the criteria set forth in § 17.7 of

this chapter unless, in each instance,

authorization for use of a specific

maximum antenna structure height for

each location has been obtained from

the Commission prior to erection of the

antenna. See § 101.125.

(2) Applications for authorizations to

operate stations at temporary locations

under the provisions of this section

shall be made upon FCC Form 402 or

494, as appropriate. Blanket

applications may be submitted for the

required number of transmitters.

(3) The licensee of stations which are

authorized pursuant to the provisions of

paragraph (b) of this section shall notify

the Commission at least five (5) days

prior to installation of the facilities,

stating:

(i) The call sign, manufacturer’s name,

type or model number, output power

and specific location of the

transmitter(s);

(ii) The maintenance location for the

transmitter;

(iii) The location of the transmitting

or receiving station with which it will

communicate and the identity of the

correspondent operating such facilities;

(iv) The exact frequency or

frequencies to be used;

(v) The public interest, convenience

and necessity to be served by operation

of the proposed installation;

(vi) The commencement and

anticipated termination dates of

operation from each location. In the

event the actual termination date differs

from the previous notification, written

notice thereof promptly shall be given to

the Commission;

(vii) A notification shall include

compliance with the provisions of

§ 101.21(e) when operations are to be

conducted in the area of other terrestrial

microwave stations and with the

provisions of § 101.21(e) when

operations are to be conducted within

the coordination distance contours of a

fixed earth station; and

(viii) Where the notification

contemplates initially a service which is

to be rendered for a period longer than

90 days, the notification shall contain a

showing as to why application should

not be made for regular authorization.

(4) Less than 5 days advance notice

may be given when circumstances

require shorter notice provided such

notice is promptly given and the reasons

in support of such shorter notice are

stated.

(5) A copy of the notification shall be

kept with the station license.

(c) Prior coordination. Stations

authorized under this section may

complete the prior coordination process

orally and the period allowed for

response to a coordination notification

may be less than 30 days if the parties

agree. The requirements under

§ 101.103(d)(2)(i) for written

documentation shall apply to such oral

notice.

(d) Certification. Any applicant under

this section must submit a certification

that neither the applicant nor any party

to the applicant is subject to a denial of

Federal benefits pursuant to section

5301 of the Anti-Drug Abuse Act of

1988, as required by § 1.2002 of this

chapter.

(e) Conditional authorization. (1) An

applicant for a new point-to-point

microwave radio station(s) or a

modification of an existing station(s) in

the 3,700–4,200; 5,925–6,425; 6,525–

6,875; 10,550–10,680; 10,700–11,700;

11,700–12,200; 12,200–12,700; 12,700–

13,200; 13,200–13,250; 17,700–19,700;

and 21,200–23,600 MHz bands (see

§ 101.147 for specific service usage) may

operate the proposed station(s) during

the pendency of its applications(s) upon

the filing of a properly completed

formal application(s) that complies with

subpart B of part 101 if the applicant

certifies that the following conditions

are satisfied:

(i) The frequency coordination

procedures of § 101.103 have been

successfully completed;

(ii) The antenna structure(s) has been

previously studied by the Federal

Aviation Administration and

determined to pose no hazard to

aviation safety as required by subpart B

of part 17 of this chapter; or the antenna

or tower structure does not exceed 6.1

meters above ground level or above an

existing man-made structure (other than

an antenna structure), if the antenna or

tower has not been previously studied
26686 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

by the Federal Aviation Administration

and cleared by the FCC;

(iii) The grant of the application(s)

does not require a waiver of the

Commission’s rules:

(iv) The applicant has determined that

the facility(ies) will not significantly

affect the environment as defined in

§ 1.1307 of this chapter;

(v) The station site(s) does not lie

within 56.3 kilometers of any

international border or within a radio

‘‘Quiet Zone’’ identified in § 101.123, or

if operated on frequencies in the

17,700–19,700 MHz band, the station

site(s) does not lie within the states of

Colorado, Maryland and Virginia and

the District of Columbia;

(vi) The filed application(s) does not

propose to operate in the 10.6–10.68

GHz band, or in the 21.2–23.6 GHz band

with an E.R.P. greater than 55 dBm

pursuant to § 101.147(s); and

(vii) The filed application(s) is

consistent with the proposal that was

coordinated pursuant to § 101.103.

(2) Conditional authority ceases

immediately if the application(s) is

returned by the Commission because it

is not acceptable for filing.

(3) A conditional authorization

pursuant to paragraphs (e)(1) and (e)(2)

of this section is evidenced by retaining

the original executed conditional

licensing Certification Form with the

station records. Conditional

authorization does not prejudice any

action the Commission may take on the

subject application(s). Conditional

authority is accepted with the express

understanding that such authority may

be modified or cancelled by the

Commission at any time without

hearing if, in the Commission’s

discretion, the need for such action

arises. An applicant operating pursuant

to this conditional authority assumes all

risks associated with such operation, the

termination or modification of the

conditional authority, or the subsequent

dismissal or denial of its application(s).

(4) The Certification Form, or a copy

thereof, must be posted at each station

operating pursuant to this section

consistent with § 101.215.

§ 101.33 Who may sign applications.

See part 1 of this chapter (§§ 1.743

and 1.913), for practices and procedures

governing signatures on applications,

amendments and related statements of

fact.

Processing of Applications

§ 101.35 Preliminary processing of

applications.

(a) Applications received for filing are

given a file number. The assignment of

a file number to an application is for

administrative convenience and does

not indicate the acceptance of the

application for filing and processing and

does not preclude the subsequent return

of the application.

(b) Applications that are incomplete

with respect to answers, supplementary

statements, execution, or other matters

of a formal character will be considered

defective and may be returned to the

applicant with a brief statement as to

such defects. If an applicant is requested

by the Commission to file any

additional documents or information

not included in the prescribed

application form, failure to comply with

such request will be deemed to render

the application defective, and such

application may be dismissed.

Applications will also be deemed to be

defective and may be returned to the

applicant in the following cases:

(1) Statutory disqualification of

applicant;

(2) Proposed use or purpose of station

would be unlawful;

(3) Requested frequency is not

allocated for assignment for the service

proposed;

(4) The submitted filing fee (if

required) is insufficient;

(5) The application does not

demonstrate compliance with the

special requirements applicable to the

radio service involved;

(6) The applications does not include

all necessary exhibits; or

(7) The application fails to meet any

other Commission requirements.

(c) Any application that has been

returned to the applicant for correction

will be processed in original order of

receipt when resubmitted if it is

received within 60 days from the date

on which it was returned to the

applicant and the change does not

involve a major amendment. If the

application is not resubmitted within

the prescribed time, it will be treated as

a new application and considered at the

time other applications received on the

same date are considered.

(d) Applications considered defective

under paragraph (b) of this section may

be accepted for filing if:

(1) The application is accompanied by

a request which sets forth the reasons in

support of a waiver of (or an exception

to), in whole or in part, any specific

rule, regulation, or requirement with

which the application is in conflict; or

(2) The Commission, upon its own

motion, waives (or allows an exception

to), in whole or in part, any rule,

regulation or requirement.

§ 101.37 Public notice period.

(a) At regular intervals, the

Commission will issue a public notice

listing:

(1) The acceptance for filing of

common carrier applications and major

amendments thereto;

(2) Significant Commission actions

concerning these applications;

(3) The receipt of common carrier

applications for minor modifications

made pursuant to § 101.59;

(4) Information which the

Commission in its discretion believes of

public significance; and

(5) Special environmental

considerations as required by part 1 of

this chapter.

(b) A public notice will not normally

be issued for any of the following

applications:

(1) For authorization of a minor

technical change in the facilities of a

proposed or authorized station where

such a change would not be classified

as a major amendment to a pending

application, as defined by § 101.29, or as

a minor modification to a license

pursuant to § 101.59;

(2) For temporary authorization

pursuant to § 101.31;

(3) For an authorization under any of

the proviso clauses of section 308(a) of

the Communications Act of 1934 (47

U.S.C. 308(a));

(4) For consent to an involuntary

assignment or transfer of control of a

radio authorization; or

(5) For consent to a voluntary

assignment or transfer of control of a

radio authorization, where the

assignment or transfer does not involve

a substantial change in ownership or

control.

(c) Except as otherwise provided in

this part (e.g., § 101.59), no application

that has appeared on public notice will

be granted until the expiration of a

period of thirty days following the

issuance of the public notice listing the

application, or any major amendment

thereto, or until the expiration of a

period of thirty days following the

issuance of a public notice identifying

the tentative selectee of a random

selection process, whichever is later.

(d) The listing of an application on

public notice as accepted for filing does

not indicate that the application has

been found by the Commission to be

acceptable for filing and does not

preclude the subsequent return of the

application.

§ 101.39 Dismissal and return of

applications.

(a) Except as provided under

paragraph (c) of this section and under

§ 101.41, any application may, upon

written request, be dismissed without

prejudice as a matter of right prior to the

adoption date of any final Commission

action or the application’s designation

for hearing or comparative evaluation.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26687

(b) A request to dismiss an

application without prejudice will be

considered after designation for hearing,

after selection through the comparative

evaluation procedure of § 101.51, or

after selection as a tentative selectee in

a random selection proceeding, only if:

(1) A written petition is submitted to

the Commission and, in the case of

applications designated for hearing or

comparative evaluation, is properly

served upon all parties of record;

(2) The petition is submitted before

the issuance date of a public notice of

Commission action denying the

application; and

(3) The petition complies with the

provision of § 101.41 (whenever

applicable) and demonstrates good

cause.

(c) Except as provided under § 101.41,

an application designated for inclusion

in the random selection process may be

dismissed without prejudice as a matter

of right if the applicant requests its

dismissal at least 2 days prior to a

random selection proceeding.

(d) Dismissal for failure to prosecute

or for failure to respond to official

correspondence or requests for

additional information within a

specified time period will be without

prejudice prior to its designation for

hearing, or tentative selection by the

random selection process. Dismissal

may be with prejudice after selection of

the comparative evaluation process, or

after selection as a tentative selectee in

a random selection proceeding.

§ 101.41 Ownership changes and

agreements to amend or dismiss

applications or pleadings.

(a) Except as provided in paragraph

(b) of this section, applicants or any

other parties in interest to pending

applications must comply with the

provisions of this section whenever:

(1) They participate in any agreement

(or understanding) which involves any

consideration promised or received,

directly or indirectly, including any

agreement (or understanding) for merger

of interests or the reciprocal withdrawal

of applications; and

(2) The agreement (or understanding)

may result in either:

(i) A proposed substantial change in

beneficial ownership or control (dejure

or de facto) of an applicant such that the

change would require, in the case of an

authorized station, the filing of a prior

assignment or transfer of control

application under section 310(d) of the

Communications Act of 1934 (47 U.S.C.

310(d)), or

(ii) Proposed withdrawal, amendment

or dismissal of any application(s),

amendment(s), petition(s), pleading(s),

or any combination thereof, which

would thereby permit the grant without

hearing, comparative evaluation under

§ 101.51, or random selection of an

application previously in contested

status.

(b) The provisions of this section will

not be applicable to any engineering

agreement (or understanding) that:

(1) Resolves frequency conflicts with

authorized stations or other pending

applications without the creation of new

or increased frequency conflicts; and

(2) Does not involve any

consideration promised or received,

directly or indirectly (including any

merger of interests or reciprocal

withdrawal of applications), other than

the mutual benefit of resolving the

engineering conflict.

(c) For any agreement subject to this

section, the applicant of an application

which would remain pending pursuant

to such an agreement will be considered

responsible for the compliance by all

parties with the procedures of this

section. Failure of the parties to comply

with the procedures of this section will

constitute a defect in those applications

which are involved in the agreement

and remain in a pending status.

(d) The principals to any agreement or

understanding subject to this section

must comply with the standards of

paragraph (e) of this section in

accordance with the following

procedure:

(1) Within ten (10) days after entering

into the agreement, the parties thereto

must jointly notify the Commission in

writing of the existence and general

terms of such agreement, the identity of

all of the participants and the

applications involved;

(2) Within thirty (30) days after

entering into the agreement, the parties

thereto must file any proposed

application amendments, motions, or

requests together with a copy of the

agreement which clearly sets forth all

terms and provisions, and such other

facts and information as necessary to

satisfy the standards of paragraph (e) of

this section. Such submission must be

accompanied by the certification by

affidavit of each principal to the

agreement declaring that the statements

made are true, complete, and correct to

the best of their knowledge and belief,

and are made in good faith; and

(3) The Commission may request any

further information which in its

judgment it believes is necessary for a

determination under paragraph (e) of

this section.

(e) The Commission will grant an

application (or applications) involved in

the agreement (or understanding) only if

it finds upon examination of the

information submitted, and upon

consideration of such other matters as

may be officially noticed, that the

agreement is consistent with the public

interest, and the amount of any

monetary consideration and the cash

value of any other consideration

promised or received is not in excess of

those legitimate and prudent costs

directly assignable to the engineering,

preparation, filing and advocacy of the

withdrawn, dismissed, or amended

application(s), amendment(s),

petition(s), pleading(s), or any

combination thereof. Where such costs

represent the applicant’s in-house

efforts, these costs may include only

directly assignable costs and must

exclude general overhead expenses.

(The treatment to be accorded such

consideration for interstate rate making

purposes will be determined at such

time as the question may arise in an

appropriate rate proceeding.) An

itemized accounting must be submitted

to support the amount of consideration

involved except where such

consideration (including the fair market

value of any non-cash consideration)

promised or received does not exceed

one thousand dollars ($1,000.00). Where

consideration involves a sale of facilities

or merger of interests, the accounting

must clearly identify that portion of the

consideration allocated for such

facilities or interests and a detailed

description thereof, including estimated

fair market value. The Commission will

not presume an agreement (or

understanding) to be prima facie

contrary to the public interest solely

because it incorporates a mutual

agreement to withdraw pending

application(s), amendment(s),

petition(s), pleading(s), or any

combination thereof.

§ 101.43 Opposition to applications.

(a) Any party in interest may file with

the Commission a petition to deny any

application for which public notice is

required. All such petitions must:

(1) Identify the application or

applications including applicant’s

name, station location, Commission file

numbers and radio service involved

with which it is concerned;

(2) Be filed in accordance with the

pleading limitations, filing periods, and

other applicable provisions of this part

and part 1 of this chapter;

(3) Contain specific allegations of fact

(except for those of which official notice

may be taken), supported by affidavit of

a person or persons with personal

knowledge thereof and be sufficient to

make a prima facie showing that the

petitioner is a party in interest and that

a grant of the application would be
26688 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

inconsistent with the public interest,

convenience and necessity;

(4) Be filed within thirty (30) days

after the date of public notice

announcing the acceptance for filing of

such applications or major amendments

thereto, or, identifying the tentative

selectee of a random selection

proceeding (unless the Commission

otherwise extends the deadline); and

(5) Contain a certificate of service

showing that the applicant has been

mailed a copy of the petition no later

than the date on which the petition is

filed with the Commission.

(b) The applicant may file an

opposition to any petition to deny and

the petitioner may file a reply thereto in

which allegations of fact or denials

thereof must be supported by an

affidavit of a person or persons with

personal knowledge thereof and be

clearly identified. The applicant must

serve a copy of the opposition on the

petitioner, and the petitioner must serve

a copy of its reply on the applicant. The

time for filing such oppositions and

replies are provided in § 1.45 of this

chapter.

(c) Notwithstanding the provisions of

paragraph (a) of this section, before

Commission action on any application

for an instrument of authorization, any

person may file informal objections to

the grant. The Commission will

consider informal objections, but not

necessarily discuss them in a written

opinion, if the objection is filed at least

one day prior to action on the

application and the objection is signed

by the submitting person with a

disclosure of that person’s interest. Such

objections may be submitted in letter

form. The limitation on pleadings and

time for filing pleadings provided for in

§ 1.45 of this chapter will not be

applicable to any objections duly filed

pursuant to this paragraph.

(d) Petitions to deny not filed in

accordance with paragraph (a) of this

section will be treated as informal

objections.

§ 101.45 Mutually exclusive applications.

(a) The Commission will consider

applications to be mutually exclusive if

their conflicts are such that the grant of

one application would effectively

preclude by reason of harmful electrical

interference, or other practical reason,

the grant of one or more of the other

applications. The Commission will

presume ‘‘harmful electrical

interference’’ exists when the levels of

§ 101.105 are exceeded, or when there is

a material impairment to service

rendered to the public despite full

cooperation in good faith by all

applicants or parties to achieve

reasonable technical adjustments which

would avoid electrical conflict.

(b) A common carrier application will

be entitled to be included in a random

selection process or to comparative

consideration with one or more

conflicting applications only if:

(1) The application is mutually

exclusive with the other application;

and

(2) The application is received by the

Commission in a condition acceptable

for filing by whichever ‘‘cut-off’’ date is

earlier:

(i) Sixty (60) days after the date of the

public notice listing the first of the

conflicting applications as accepted for

filing; or

(ii) One (1) business day preceding

the day on which the Commission takes

final action on the previously filed

application (should the Commission act

upon such application in the interval

between thirty (30) and sixty (60) days

after the date of its public notice).

(c) Whenever three or more

applications are mutually exclusive, but

not uniformly so, the earliest filed

application established the date

prescribed in paragraph (b)(2) of this

section, regardless of whether or not

subsequently filed applications are

directly mutually exclusive with the

first filed application. (For example,

applications A, B, and C are filed in that

order. A and B are directly mutually

exclusive, B and C are directly mutually

exclusive. In order to be considered

comparatively with B, C must be filed

within the ‘‘cut-off’’ period established

by A even though C is not directly

mutually exclusive with A.)

(d) Private operational fixed point-topoint microwave applications for

authorization under this part will be

entitled to be included in a random

selection process or to comparative

consideration with one or more

conflicting applications in accordance

with the provisions of § 1.227(b)(4) of

this chapter.

(e) An application otherwise mutually

exclusive with one or more previously

filed applications, but filed after the

appropriate date prescribed in

paragraphs (b) or (d) of this section, will

be returned without prejudice and will

be eligible for refiling only after final

action is taken by the Commission with

respect to the previously filed

application (or applications).

(f) For the purposes of this section,

any application (whether mutually

exclusive or not) will be considered to

be a newly filed application if it is

amended by a major amendment (as

defined by § 101.29), except under any

of the following circumstances:

(1) The application has been

designated for comparative hearing, or

for comparative evaluation (pursuant to

§ 101.51), and the Commission or the

presiding officer accepts the amendment

pursuant to § 101.29(b);

(2) The amendment resolves

frequency conflicts with authorized

stations or other pending applications

which would otherwise require

resolution by hearing, by comparative

evaluation pursuant to § 101.51, or by

random selection pursuant to § 101.49

provided that the amendment does not

create new or additional frequency

conflicts;

(3) The amendment reflects only a

change in ownership or control found

by the Commission to be in the public

interest, and for which a requested

exemption from the ‘‘cut-off’’

requirements of this section is granted;

(4) The amendment reflects only a

change in ownership or control which

results from an agreement under

§ 101.41 whereby two or more

applicants entitled to comparative

consideration of their applications join

in one (or more) of the existing

applications and request dismissal of

their other application (or applications)

to avoid the delay and cost of

comparative consideration;

(5) The amendment corrects

typographical, transcription, or similar

clerical errors which are clearly

demonstrated to be mistakes by

reference to other parts of the

application, and whose discovery does

not create new or increased frequency

conflicts; or

(6) The amendment does not create

new or increased frequency conflicts,

and is demonstrably necessitated by

events which the applicant could not

have reasonably foreseen at the time of

filing, such as, for example:

(i) The loss of a transmitter or receiver

site by condemnation, natural causes, or

loss of lease or option;

(ii) Obstruction of a proposed

transmission path caused by the

erection of a new building or other

structure; or

(iii) The discontinuance or substantial

technological obsolescence of specified

equipment, whenever the application

has been pending before the

Commission for two or more years from

the date of its filing.

(g) Applicants for the 932.5–935/

941.5–944 MHz bands shall select a

frequency pair. Applicants for these

bands may select an unpaired frequency

only upon a showing that spectrum

efficiency will not be impaired and that

unpaired spectrum is not available in

other bands. During the initial filing

window, frequency coordination is not
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26689

required, except that an application for

a frequency in the 942–944 MHz band

must be coordinated to ensure that it

does not affect an existing broadcast

auxiliary service licensee. After the

initial filing window, an applicant must

submit evidence that frequency

coordination has been performed with

all licensees affected by the application.

All frequency coordination must be

performed in accordance with

§ 101.103. In the event of mutually

exclusive applications occurring during

the initial filing window for the 932.5–

935/941.5–944 MHz bands, applicants

shall be given the opportunity to resolve

these situations by applying for an

alternative frequency pair, if one is

available. To the extent that there are no

other available frequencies or to the

extent that mutually exclusive

applications remain after this process is

concluded, lotteries shall be conducted

for each frequency pair among all

remaining mutually exclusive

applications, assuming appropriate

coordination with existing broadcast

auxiliary stations can be concluded,

where necessary. In the event of

mutually exclusive applications being

received for these bands on the same

day after the initial filing window has

closed and a subsequent filing window

opened, lotteries shall be conducted for

each frequency pair among all mutually

exclusive applications.

§ 101.47 Consideration of applications.

(a) Applications for an instrument of

authorization will be granted if, upon

examination of the application and

upon consideration of such other

matters as it may officially notice, the

Commission finds that the grant will

serve the public interest, convenience,

and necessity.

(b) The grant will be without a formal

hearing if, upon consideration of the

application, any pleadings of objections

filed, or other matters which may be

officially noticed, the Commission finds

that:

(1) The application is acceptable for

filing, and is in accordance with the

Commission’s rules, regulations, and

other requirements;

(2) The application is not subject to

comparative consideration (pursuant to

§ 101.45) with another application (or

applications), except where the

competing applicants have chosen the

comparative evaluation procedure of

§ 101.51 and a grant is appropriate

under that procedure;

(3) A grant of the application would

not cause harmful electrical interference

to an authorized station;

(4) There are no substantial and

material questions of fact presented; and

(5) The applicant is legally,

technically, financially and otherwise

qualified, and a grant of the application

would serve the public interest.

(c) Whenever the Commission,

without a formal hearing, grants any

application in part, or subject to any

terms or conditions other than those

normally applied to applications of the

same type, it will inform the applicant

of the reasons therefor, and the grant

will be considered final unless the

Commission revises its action (either by

granting the application as originally

requested, or by designating the

application for a formal evidentiary

hearing) in response to a petition for

reconsideration that:

(1) Is filed by the applicant within

thirty (30) days from the date of the

letter or order giving the reasons for the

partial or conditioned grant;

(2) Rejects the grant as made and

explains the reasons why the

application should be granted as

originally requested; and

(3) Returns the instrument of

authorization.

(d) The Commission will designate an

application for a formal hearing,

specifying with particularity the matters

and things in issue, if, upon

consideration of the application, any

pleadings or objections filed, or other

matters which may be officially noticed,

the Commission determines that:

(1) A substantial and material

question of fact is presented;

(2) The Commission is unable for any

reason to make the findings specified in

paragraph (a) of this section and the

application is acceptable for filing,

complete, and in accordance with the

Commission’s rules, regulations, and

other requirements;

(3) The application is entitled to

comparative consideration (under

§ 101.45) with another application (or

applications); or

(4) The application is entitled to

comparative consideration (pursuant to

§ 101.45) and the applicants have

chosen the comparative evaluation

procedure of § 101.51 but the

Commission deems such procedure to

be inappropriate.

(e) The Commission may grant, deny,

or take other action with respect to an

application designated for a formal

hearing pursuant to paragraph (d) of this

section or part 1 of this chapter.

(f) Whenever the public interest

would be served thereby the

Commission may grant one or more

mutually exclusive applications

expressly conditioned upon final action

on the applications, and then either

conduct a random section process (in

specified services under this rules part),

designate all of the mutually exclusive

applications for a formal evidentiary

hearing or (whenever so requested)

follow the comparative evaluation

procedures of § 101.51, as appropriate, if

it appears:

(1) That some or all of the

applications were not filed in good

faith, but were filed for the purpose of

delaying or hindering the grant of

another application;

(2) That the public interest requires

the prompt establishment of radio

service in a particular community or

area;

(3) That a delay in making a grant to

any applicant until after the conclusion

of a hearing or a random selection

proceeding on all applications might

jeopardize the rights of the United

States under the provision of an

international agreement to the use of the

frequency in question; or

(4) That a grant of one application

would be in the public interest in that

it appears from an examination of the

remaining applications that they cannot

be granted because they are in violation

of provisions of the Communications

Act, other statutes, or of the provisions

of this chapter.

(g) Reconsideration or review of any

final action taken by the Commission

will be in accordance with subpart A of

part 1 of this chapter.

§ 101.49 Grants by random selection.

(a) If an application for an

authorization in the Digital Electronic

Message Service (DEMS) is mutually

exclusive with another such application

and satisfies the requirements of

§ 101.45, the applicant may be included

in the random selection process set forth

in §§ 1.821, 1.822 and 1.825 of this

chapter.

(b) Renewal applications will not be

included in a random selection process.

§ 101.51 Comparative evaluation of

mutually exclusive applications.

(a) In order to expedite action on

mutually exclusive applications in

services under this rules part where the

random selection process does not

apply, the applicants may request the

Commission to consider their

applications without a formal hearing in

accordance with the summary

procedure outlined in paragraph (b) in

this section if:

(1) The applications are entitled to

comparative consideration pursuant to

§ 101.45;

(2) The applications have not been

designated for formal evidentiary

hearing; and

(3) The Commission determines,

initially or at any time during the
26690 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

procedure outlined in paragraph (b) of

this section, that such procedure is

appropriate, and that, from the

information submitted and

consideration of such other matters as

may be officially noticed, there are no

substantial and material questions of

fact presented (other than those relating

to the comparative merits of the

applications) which would preclude a

grant under paragraphs (a) and (b) of

§ 101.47.

(b) Provided that the conditions of

paragraph (a) of this section are

satisfied, applicants may request the

Commission to act upon their mutually

exclusive applications without a formal

hearing pursuant to the summary

procedure outlined below:

(1) To initiate the procedure, each

applicant will submit to the

Commission a written statement

containing:

(i) A waiver of the applicant’s right to

a formal hearing;

(ii) A request and agreement that, in

order to avoid the delay and expense of

a comparative formal hearing, the

Commission should exercise its

judgment to select from among the

mutually exclusive applications that

proposal (or proposals) which would

best serve the public interest; and

(iii) The signature of a principal (and

the principal’s attorney if represented).

(2) After receipt of the written

requests of all of the applicants the

Commission (if it deems this procedure

appropriate) will issue a notice

designating the comparative criteria

upon which the applications are to be

evaluated and will request each

applicant to submit, within a specified

period of time, additional information

concerning the applicant’s proposal

relative to the comparative criteria.

(3) Within thirty (30) days following

the due date for filing this information,

the Commission will accept concise and

factual argument on the competing

proposals from the rival applicants,

potential customers, and other

knowledgeable parties in interest.

(4) Within fifteen (15) days following

the due date for the filing of comments,

the Commission will accept concise and

factual replies from the rival applicants.

(5) From time to time during the

course of this procedure the

Commission may request additional

information from the applicants and

hold informal conferences at which all

competing applicants will have the right

to be represented.

(6) Upon evaluation of the

applications, the information submitted,

and such other matters as may be

officially noticed the Commission will

issue a decision granting one (or more)

of the proposals which it concludes

would best serve the public interest,

convenience and necessity. The

decision will report briefly and

concisely the reasons for the

Commission’s selection and will deny

the other application(s). This decision

will be considered final.

License Transfers, Modifications,

Conditions and Forfeitures

§ 101.53 Assignment or transfer of station

authorization.

(a) No station license, or any rights

thereunder, may be transferred,

assigned, or disposed of in any manner,

voluntarily or involuntarily, directly or

indirectly, or by transfer of control of

any corporation or any other entity

holding any such license, to any person

except upon application to the

Commission and upon finding by the

Commission that the public interest,

convenience and necessity will be

served thereby.

(b) For purposes of this section,

transfers of control requiring

Commission approval must include any

and all transactions that:

(1) Change the party controlling the

affairs of the licensee; or

(2) Affect any change in a controlling

interest in the ownership of the

licensee, including changes in legal or

equitable ownership.

(c) Requests for transfer of control or

assignment authority must be submitted

on the application form prescribed by

§ 101.13 or § 101.15, and must be

accompanied by the applicable

showings required by §§ 101.19, 101.21,

and 101.55.

(d) The Commission must be

promptly notified in writing when a

licensee is voluntarily or involuntarily

placed in bankruptcy or receivership

and when an individual licensee, a

member of a partnership which is a

licensee, or a person directly or

indirectly in control of a corporation

which is a licensee, dies or becomes

legally disabled. Within thirty days after

the occurrence of such bankruptcy,

receivership, death or legal disability,

an application of involuntary

assignment of such license, or

involuntary transfer of control of such

corporation, must be filed with the

Commission, requesting assignment or

transfer to a successor legally qualified

under the laws of the place having

jurisdiction over the assets involved.

(e) The assignor of a station licensed

under this part may retain no right of

reversion or reassignment of the license

and may not reserve the right to use the

facilities of the station for any period

whatsoever. No assignment of license

will be granted or authorized if there is

a contract or understanding, express or

implied, pursuant to which a right of

reversion or reassignment of the license

or right to use the facilities are retained

as partial or full consideration for the

assignment or transfer.

(f) No special temporary authority, or

any rights thereunder, may be assigned

or otherwise disposed of, directly or

indirectly, voluntarily or involuntarily,

without prior Commission approval.

§ 101.55 Considerations involving transfer

or assignment applications.

(a) Licenses may not be assigned or

transferred prior to the completion of

construction of the facility. However,

consent to the assignment or transfer of

control of such a license may be given

prior to the completion of construction

where:

(1) The assignment or transfer does

not involve a substantial change in or

ownership or control of the authorized

facilities; or

(2) The assignment or transfer of

control is involuntary due to the

licensee’s bankruptcy, death, or legal

disability.

(b) The Commission will review a

proposed transaction to determine if the

circumstances indicate ‘‘trafficking’’ in

licenses whenever applications (except

those involving pro forma assignment or

transfer of control) for consent to

assignment of a license, or for transfer

of control of a licensee, involve

facilities:

(1) Authorized following a

comparative hearing and have been

operated less than one year;

(2) Involve facilities that have not

been constructed; or

(3) Involve facilities that were

authorized following a random selection

proceeding in which the successful

applicant received preference and that

have been operated for less than one

year.

(c) At its discretion, the Commission

may require the submission of an

affirmative, factual showing (supported

by affidavits of a person or persons with

personal knowledge thereof) to

demonstrate that the proposed assignor

or transferor has not acquired an

authorization or operated a station for

the principal purpose of profitable sale

rather than public service. This showing

may include, for example, a

demonstration that the proposed

assignment or transfer is due to changed

circumstances (described in detail)

affecting the licensee subsequent to the

acquisition of the license, or that the

proposed transfer of radio facilities is

incidental to a sale of other facilities or

merger of interests.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26691

(d) If a proposed transfer of radio

facilities is incidental to a sale or other

facilities or merger of interests, any

showing requested under paragraph (a)

of this section must include an

additional exhibit that:

(1) Discloses complete details as to

the sale of facilities or merger of

interests;

(2) Segregates clearly by an itemized

accounting, the amount of consideration

involved in the sale of facilities or

merger of interests; and

(3) Demonstrates that the amount of

consideration assignable to the facilities

or business interests involved represents

their fair market value at the time of the

transaction.

(e) For the purposes of this section,

the one year period is calculated using

the following dates (as appropriate):

(1) The initial date of grant of the

license, excluding subsequent

modifications;

(2) The date of consummation of an

assignment or transfer, if the station is

acquired as the result of an assignment

of license, or transfer of control of

corporate licensee; or

(3) The median date of the applicable

commencement dates (determined

pursuant to paragraphs (d)(1) and (2) of

this section) if the transaction involves

a system (such as a Private Operational

Fixed Point-to-Point Microwave system)

of two or more stations. (The median

date is that date so selected such that

fifty percent of the commencement

dates of the total number of stations,

when arranged in chronological order,

lie below it and fifty percent lie above

it. When the number of stations is an

even number, the median date will be

a value half way between the two dates

closest to the theoretical median).

§ 101.57 Modification of station license.

(a) Except as provided in § 101.59, no

modification of a license issued

pursuant to this part (or the facilities

described thereunder) may be made

except upon application to the

Commission.

(b) No application for modification to

extend a license construction period

will be granted for delays caused by lack

of financing or for lack of site

availability. Applications for time

extensions for other reasons must

include a verified statement from the

applicant showing that the licensee has

made diligent efforts to construct the

facilities and:

(1) That additional time is required

due to circumstances beyond the

applicant’s control, in which case the

applicant must describe such

circumstances and must set forth with

specificity and justify the precise

extension period requested; or

(2) That there are unique and

overriding public interest concerns that

justify such an extension, in which case

the applicant must identify such

interests and must set forth and justify

a precise extension period.

(c) Notwithstanding the provisions of

paragraph (b) of this section, when a

station license has been assigned or

transferred pursuant to § 101.53, any

extension of time will be limited so that

the time left to construct after

Commission grant of the transfer or

assignment will be no more than the

time remaining for construction at the

date of the filing of the application for

transfer or assignment.

(d) Modification of license is required

for the following changes in authorized

stations:

(1) Any change in frequencies used;

(2) Any change in antenna azimuth;

(3) Any change in antenna

beamwidth;

(4) Any change in antenna or passive

repeater location greater than 1 second

or which involves a requirement for

special aeronautical study;

(5) Any change in antenna

polarization;

(6) Any change in antenna height;

(7) Any change in the size of passive

reflectors or repeaters associated with

the facilities of an authorized station;

(8) Any increase in emission

bandwidth beyond that authorized;

(9) Any change in the type of

emission;

(10) Any change in authorized

equivalent isotropically radiated power

in excess of 3 dB (a 2-to-1 ratio); or

(11) Substitution of equipment having

a greater frequency tolerance.

(e) When the name of the licensee is

changed (without changes in the

ownership, control, or corporate

structure), or when the mailing address

is changed (without changing the

authorized location of the fixed station)

a formal application for modification of

license is not required. However, the

licensee must notify the Commission

within thirty days of the effective date

of these changes. The notice, which may

be in letter form, must contain the name

and address of the licensee as they

appear in the Commission’s records, the

new name or address, the call signs and

classes of all radio stations authorized to

the licensee under this part and the

radio service in which each station is

authorized. The notice must be sent to

the Federal Communications

Commission, Gettysburg, PA 17325 and

a copy must be maintained with the

license of each station until a new

license is issued.

§ 101.59 Processing of applications for

facility minor modifications.

(a) Unless an applicant is notified to

the contrary by the Commission, as of

the twenty-first day following the date

of public notice, any application that

meets the requirements of paragraph (b)

of this section and proposes only the

change specified in paragraph (c) of this

section will be deemed to have been

authorized by the Commission.

(b) An application may be considered

under the procedures of this section

only if:

(1) It is in the Private Operational

Fixed Point-to-Point Microwave,

Common Carrier Fixed Point-to-Point

Microwave, Local Television

Transmission, or Digital Electronic

Message Services;

(2) The cumulative effect of all such

applications made within any 60 day

period does not exceed the appropriate

values prescribed by paragraph (c) of

this section;

(3) The facilities to be modified are

not located within 56.3 kilometers (35

miles) of the Canadian or Mexican

border;

(4) It is acceptable for filing, is

consistent with all of the Commission’s

rules, and does not involve a waiver

request;

(5) It specifically requests

consideration pursuant to this section;

and

(6) Written notice of such filing has

been provided to all parties otherwise

required to be provided a prior

coordination notice in accordance with

§ 101.103(d) or, in the Digital Electronic

Message Services, a copy of the

application has been served on those

who also were served under § 101.509.

(c) The modifications that may be

authorized under the procedures of this

section are:

(1) Changes in a transmitter and

existing transmitter operating

characteristics, or protective

configuration of transmitter, provided

that:

(i) In all radio services other than

Digital Electronic Message Service, any

increase in equivalent isotropically

radiated power is less than 3 dB over

the previously authorized output power,

and in Digital Electronic Message

Service, any increase in equivalent

isotropically radiated power is 1.5 dB or

less over the previously authorized

equivalent isotropically radiated power;

(ii) The necessary bandwidth is not

increased beyond the previously

authorized bandwidth;

(2) Changes in the center line height

of an antenna, provided that:

(i) In all radio services except the

Digital Electronic Message Service, any
26692 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

increase in antenna height is less than

3.0 meters (10 feet) above the previously

authorized height;

(ii) In the Digital Electronic Message

Service, any increase in antenna height

is less than 3.0 meters (10 feet) above

the previously authorized height; and

(iii) The overall height of the antenna

structure is not increased as a result of

the antenna extending above the height

of the previously authorized structure,

except when the new height of the

antenna structure is 6.1 meters (20 feet)

or less (above ground or man-made

structure, as appropriate) after the

change is made.

(3) Change in the geographical

coordinates of a transmit station, receive

station or passive facility by five (5)

seconds or less of latitude, longitude or

both, provided that when notice to the

FAA of proposed construction is

required by part 17 of this chapter for

antenna structure at the previously

authorized coordinates (or will be

required at the new location) the

applicant must comply with the

provisions of § 101.21(a).

(d) Upon grant of an application

under the procedure of this section and

at such time that construction begins,

the applicant must keep a complete

copy of the application (including the

filing date) with the station license if

construction begins prior to receipt of

the authorization.

§ 101.61 Certain modifications not

requiring prior authorization.

(a) Equipment in an authorized radio

station may be replaced without prior

authorization or notification if the

replacement equipment is equivalent to

the replaced equipment.

(b) Licensees of fixed stations in the

Private Operational Fixed Point-to-Point

Microwave, Common Carrier Fixed

Point-to-Point Microwave, Local

Television Transmission, or Digital

Electronic Message Services, may make

the facility changes listed in paragraph

(c) of this section without obtaining

prior Commission authorization, if:

(1) Frequency coordination

procedures, as necessary, are complied

with in accordance with § 101.103(d) or,

in the Digital Electronic Message

Services, a copy of the notification

described in paragraph (b)(3) of this

section is served on those who were

served under § 101.509; and

(2) The cumulative effect of all facility

changes made within any 60 day period

does not exceed the appropriate values

prescribed by paragraph (c) of this

section; and

(3) The Commission is notified of

changes made to facilities by the

submission of a completed FCC Form

494 within thirty days after the changes

are made.

(c) Modifications that may be made

without prior authorization under

paragraph (b) of this section are:

(1) Change or modification of a

transmitter, when:

(i) The replacement or modified

transmitter is type-accepted (or typenotified) for use under this part and is

installed without modification from the

type-accepted (or type notified)

configuration;

(ii) The type of modulation is not

changed;

(iii) The frequency stability is equal to

or better than the previously authorized

frequency stability; and

(iv) The necessary bandwidth and the

output power do not exceed the

previously authorized values.

(2) Addition or deletion of a

transmitter for protection without

changing the authorized power output

(e.g. hot standby transmitters);

(3) Change to an antenna (other than

any change involving a periscope

antenna system), when:

(i) For the Private Operational Fixed

Point-to-Point Microwave, Common

Carrier Fixed Point-to-Point Microwave,

and Local Television Transmission

Services, the new antenna conforms to

the requirements of § 101.115 and has

essentially the same or better radiation

characteristics than the previously

authorized antenna;

(ii) For the Digital Electronic Message

Service, the new antenna conforms with

§ 101.517 and the gain of the new

antenna does not exceed that of the

previously authorized antenna by more

than one dB in any direction.

(4) Any technical changes that would

decrease the effective radiated power.

(5) Change to the height of an antenna

system, when:

(i) The new center line height

(measured at the center-of-radiation) is

within ±1.5 meters of the previously

authorized height; and

(ii) The overall height of the antenna

structure is not increased as a result of

the antenna extending above the height

of the previously authorized structure,

except when the new height of the

antenna structure is 6.1 meters or less

(above ground or man-made structure,

as appropriate) after the change is made.

(6) Decreases in the overall height of

an antenna structure, provided that,

when notice to the FAA of proposed

construction was required by part 17 of

this chapter for the antenna structure at

the previously authorized height, the

applicant must comply with the

provisions of § 101.21(a).

(7) Changes in the azimuth of the

center of the main lobe of radiation of

a point-to-point station’s antenna by a

maximum of one degree.

(8) Changes to the transmission line

and other devices between the

transmitter and the antenna when the

effective radiated power of the station is

not increased by more than one dB.

(d) Licensees may notify the

Commission of permissible changes or

correct erroneous information on a

license not involving a major change

(i.e., a change that would be classified

as a major amendment as defined by

§ 101.29) without obtaining prior

Commission approval by filing FCC

Form 494.

§ 101.63 Period of construction;

certification of completion of construction.

(a) Each station authorized under this

part must be in operation within 18

months from the initial date of grant.

Modification of an operational station

must be completed within 18 months of

the date of grant of the applicable

modification request.

(b) Failure to timely begin operation

means the authorization cancels

automatically and must be returned to

the Commission.

(c) The frequencies associated with all

point-to-multipoint authorizations

which have cancelled automatically or

otherwise been recovered by the

Commission will again be made

available for reassignment on a date and

under terms set forth by Public Notice.

(d) Requests for extension of time to

be in operation may be granted upon a

showing of good cause, setting forth in

detail the applicant’s reasons for failure

to have the facility operating in the

prescribed period. Such requests must

be submitted no later than 30 days prior

to the end of the prescribed period to

the Federal Communications

Commission, Gettysburg, PA 17325–

7245.

(e) Construction of any station must

be completed by the date specified in

the license as the termination date of the

construction period. Licensees who fail

to complete construction must return

their authorization for cancellation

within 5 days after the expiration of the

construction period specified on the

license.

§ 101.65 Forfeiture and termination of

station authorizations.

(a) A license will be automatically

forfeited in whole or in part without

further notice to the licensee upon:

(1) The expiration of the construction

period specified therein, or after such

additional time as may be authorized by

the Commission;

(2) The expiration of the license

period specified therein, unless prior
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26693

thereto an application for renewal of

such license has been filed with the

Commission; or

(3) The voluntary removal or

alteration of the facilities, so as to

render the station not operational for a

period of 30 days or more.

(b) A license forfeited in whole or in

part under the provisions of paragraph

(a)(1) or (a)(2) of this section may be

reinstated if the Commission, in its

discretion, determines that

reinstatement would best serve the

public interest, convenience and

necessity. Petitions for reinstatement

filed pursuant to this subsection will be

considered only if:

(1) The petition is filed within 30

days of the expiration date set forth in

paragraph (a)(1) or (a)(2) of this section,

whichever is applicable;

(2) The petition explains the failure to

timely file such notification or

application as would have prevented

automatic forfeiture; and

(3) The petition sets forth with

specificity the procedures which have

been established to insure timely filings

in the future.

(c) A special temporary authorization

will automatically terminate upon the

expiration date specified therein, or

upon failure to comply with any special

terms or conditions set forth therein.

Operation may be extended beyond

such termination date only after

application and upon specific

authorization by the Commission.

(d) If a station licensed under this part

discontinues operation on a permanent

basis, the licensee must forward the

station license to the Federal

Communications Commission,

Gettysburg, Pennsylvania 17325, for

cancellation. For purposes of this

section, any station which has not

operated for one year or more is

considered to have been permanently

discontinued. See § 101.305 for

additional rules regarding temporary

and permanent discontinuation of

service.

§ 101.67 License period.

Licenses for stations authorized under

this part will be issued for a period not

to exceed 10 years. Unless otherwise

specified by the Commission, the

expiration of regular licenses shall be on

the date (month and day) selected by

licensees in the year of expiration.

§ 101.69 Transition of the 2.11–2.13, and

2.16–2.18 GHz bands from the Common

Carrier Fixed Point-to-Point Microwave

Services and the 1.85–1.99, 2.13–2.15, and

2.18–2.20 GHz bands from the Private

Operational Fixed Point-to-Point Microwave

Service to emerging technologies.

(a) Licensees proposing to implement

services using emerging technologies

(ET Licensees) may negotiate with

Common Carrier and Private

Operational Fixed Point-to-Point

Microwave Service licensees (Existing

Licensees) in these bands for the

purpose of agreeing to terms under

which the Existing Licensees would

relocate their operations to other fixed

microwave bands or to other media, or

alternatively, would accept a sharing

arrangement with the ET Licensee that

may result in an otherwise

impermissible level of interference to

the existing licensee’s operations. ET

Licensees may also negotiate agreements

for relocation of the Existing Licensees’

facilities within the 2 GHz band in

which all interested parties agree to the

relocation of the Existing Licensee’s

facilities elsewhere within these bands.

‘‘All interested parties’’ includes the

incumbent licensee, the emerging

technology provider or representative

requesting and paying for the relocation,

and any emerging technology licensee of

the spectrum to which the incumbent’s

facilities are to be relocated.

(b) Common Carrier and Private

Operational Fixed Point-to-Point

Microwave Service licensees, with the

exception of public safety facilities

defined in paragraph (f) of this section,

in bands allocated for licensed emerging

technology services will maintain

primary status in these bands until two

years after the Commission commences

acceptance of applications for an

emerging technology service (two-year

voluntary negotiation period), and until

one year after an emerging technology

service licensee initiates negotiations for

relocation of the fixed microwave

licensee’s operations (one-year

mandatory negotiation period) or, in

bands allocated for unlicensed emerging

technology services, until one year after

an emerging technology unlicensed

equipment supplier or representative

initiates negotiations for relocation of

the fixed microwave licensee’s

operations (one-year mandatory

negotiation period). When it is

necessary for an emerging technology

provider or representative of unlicensed

device manufacturers to negotiate with

a fixed microwave licensee with

operations in spectrum adjacent to that

of the emerging technology provider, the

transition schedule of the entity

requesting the move will apply. Public

safety facilities defined in paragraph (f)

of this section will maintain primary

status in these bands until three years

after the Commission commences

acceptance of applications for an

emerging technology service (three-year

voluntary negotiation period), and until

two years after an emerging technology

service licensee or an emerging

technology unlicensed equipment

supplier or representative initiates

negotiations for relocation of the fixed

microwave licensee’s operations (twoyear mandatory negotiation period).

(c) The Commission will amend the

operation license of the Common Carrier

and Private Operational Fixed Point-toPoint Microwave Service operator to

secondary status only if the following

requirements are met:

(1) The service applicant, provider,

licensee, or representative using an

emerging technology guarantees

payment of all relocation costs,

including all engineering, equipment,

site and FCC fees, as well as any

reasonable, additional costs that the

relocated fixed microwave licensee

might incur as a result of operation in

another fixed microwave band or

migration to another medium;

(2) The emerging technology service

entity completes all activities necessary

for implementing the replacement

facilities, including engineering and

cost analysis of the relocation procedure

and, if radio facilities are used,

identifying and obtaining, on the

incumbents’ behalf, new microwave

frequencies and frequency coordination;

and

(3) The emerging technology service

entity builds the replacement system

and tests it for comparability with the

existing 2 GHz system.

(d) The 2 GHz microwave licensee is

not required to relocate until the

alternative facilities are available to it

for a reasonable time to make

adjustments, determine comparability,

and ensure a seamless handoff.

(e) If within one year after the

relocation to new facilities the 2 GHz

microwave licensee demonstrates that

the new facilities are not comparable to

the former facilities, the emerging

technology service entity must remedy

the defects or pay to relocate the

microwave licensee back to its former or

equivalent 2 GHz frequencies.

(f) Public safety facilities subject to

the three-year voluntary and two-year

mandatory negotiation periods, are

those that the majority of

communications carried are used for

police, fire, or emergency medical

services operations involving safety of

life and property. The facilities within

this exception are those facilities
26694 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

currently licensed on a primary basis

pursuant to the eligibility requirements

of § 90.19 of this chapter, Police Radio

Service; § 90.21 of this chapter, Fire

Radio Service; § 90.27 of this chapter

Emergency Medical Radio Service; and

subpart C of part 90 of this chapter,

Special Emergency Radio Services.

Licensees of other part 101 facilities

licensed on a primary basis under the

eligibility requirements of subparts B

and C, part 90 of this chapter, are

permitted to request similar treatment

upon demonstrating that the majority of

the communications carried on those

facilities are used for operations

involving safety of life and property.

Subpart C—Technical Standards

§ 101.101 Frequency availability.

Frequency band (MHz)

Radio service

Common carrier

(Part 101)

Private radio (Part

101)

Broadcast auxiliary

(Part 74)

Other (Parts 15, 21,

24, 25, 74, 78 &

100)

Notes

928–929 .................................................... MAS

932.0–932.5 .............................................. MAS MAS (1)

932.5–935.0 .............................................. CC OFS (1)

941.0–941.5 .............................................. MAS MAS (1)

941.5–944.0 .............................................. CC OFS Aural BAS (1)

952–960 .................................................... OFS/MAS

1850–1990 ................................................ OFS PCS

2110–2130 ................................................ CC PET

72130–2150 .............................................. OFS PET

2150–2160 ................................................ OFS MDS

2160–2180 ................................................ CC ET

2180–2200 ................................................ OFS PET

2450–2500 ................................................ LTTS OFS TV BAS ISM F/M/TF

2650–2690 ................................................ OFS MDS/ITFS

3700–4200 ................................................ CC LTTS OFS SAT

5925–6425 ................................................ CC LTTS OFS SAT

6425–6525 ................................................ LTTS OFS TV BAS CARS M

6525–6875 ................................................ CC OFS F/TF

10,550–10,680 .......................................... CC DEMS OFS, DEMS

10,700–11,700 .......................................... CC LTTS OFS SAT

11,700–12,200 .......................................... LTTS SAT

12,200–12,700 .......................................... OFS DBS

12,700–13,250 .......................................... CC LTTS OFS TV BAS CARS F/M/TF

14,200–14,400 .......................................... LTTS SAT

17,700–18,580 .......................................... CC OFS TV BAS SAT CARS

18,580–18,820 .......................................... CC OFS Aural BAS SAT

18,820–18,920 .......................................... DEMS OFS DEMS SAT

18,920–19,160 .......................................... CC OFS Aural BAS SAT

19,160–19,260 .......................................... DEMS OFS DEMS SAT

19,260–19,700 .......................................... CC OFS TV BAS CARS SAT

21,200–23,600 .......................................... CC LTTS OFS TF

27,500–29,500 .......................................... CC SAT

31,000–31,300 .......................................... CC LTTS OFS TV BASCARS F/M/TF

38,600–40,000 .......................................... CC OFS TV BAS F/M/TF

BAS: Broadcast Auxiliary Service—(Part 74).

CARS: Cable Television Relay Service —(Part 78).

CC: Common Carrier Fixed Point-to-Point Microwave Service—(Part 101, Subparts C & I).

DBS: Direct Broadcast Satellite—(Part 100).

DEMS: Digital Electronic Message Service—(Part 101, Subpart G).

ET: Emerging Technologies (per ET Dkt. No. 92–9, not yet assigned).

ISM: Industrial, Scientific & Medical—(Part 18).

ITFS: Instructional Television Fixed Service—(Part 74)

LTTS: Local Television Transmission Service—(Part 101, Subpart J).

MAS: Multipoint Address System—(Part 101).7MDS: Multipoint Distribution Service—(Part 21).7OFS: Private Operational Fixed Point-to-Point

Microwave Service—(Part 101, Subparts C & H).

PCS: Personal Communications Service—(Part 24).

SAT: Fixed Satellite Service—(Part 25).

Notes:

F—Fixed. M—Mobile. TF—Temporary Fixed.

(1)—Applications for frequencies in the 932.5–935/941.5–944 MHz bands may be filed initially during a one-week period to be announced by

public notice. After these applications have been processed, the Commission will announce by public notice a filing date for remaining frequencies. From this filing date forward, applications will be processed on a daily first-come, first-served basis.

§ 101.103 Frequency coordination

procedures.

(a) Assignment of frequencies will be

made only in such a manner as to

facilitate the rendition of

communication service on an

interference-free basis in each service

area. Unless otherwise indicated, each

frequency available for use by stations

in these services will be assigned

exclusively to a single applicant in any

service area. All applicants for, and

licensees of, stations in these services

must cooperate in the selection and use

of the frequencies assigned in order to

minimize interference and thereby

obtain the most effective use of the

authorized facilities. In the event

harmful interference occurs or appears

likely to occur between two or more

radio systems and such interference
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26695

cannot be resolved between the

licensees thereof, the Commission may

specify a time sharing arrangement for

the stations involved or may, after

notice and opportunity for hearing,

require the licensees to make such

changes in operating techniques or

equipment as it may deem necessary to

avoid such interference.

(b) The provisions of this section do

not apply to operations in the band 31.0

to 31.3 GHz. Operations in this band are

unprotected and subject to harmful

interference from other licensed

operations in this band.

(c) Frequency diversity transmission

will not be authorized in these services

in the absence of a factual showing that

the required communications cannot

practically be achieved by other means.

Where frequency diversity is deemed to

be justified on a protection channel

basis, it will be limited to one protection

channel for the bands 3,700–4,200,

5925–6425, and 6525–6875 MHz, and a

ratio of one protection channel for three

working channels for the bands 10,550–

10,680 and 10,700–11,700 MHz. In the

bands 3,700–4,200, 5,925–6,425, and

6525–6875 MHz, no frequency diversity

protection channel will be authorized

unless there is a minimum of three

working channels, except that where a

substantial showing is made that a total

of three working channels will be

required within three years, a protection

channel may be authorized

simultaneously with the first working

channel. A protection channel

authorized under such exception will be

subject to termination if applications for

the third working channel are not filed

within three years of the grant date of

the applications for the first working

channel. Where equipment employing

digital modulation techniques with

cross-polarized operation on the same

frequency is used, the protection

channel authorized under the above

conditions may be considered to consist

of both polarizations of the protection

frequency where such is shown to be

necessary.

(d) Frequency coordination. For each

frequency authorized under this part,

the following frequency usage

coordination procedures will apply:

(1) General requirements. Proposed

frequency usage must be prior

coordinated with existing licensees,

permittees and applicants in the area,

and other applicants with previously

filed applications, whose facilities could

affect or be affected by the new proposal

in terms of frequency interference on

active channels, applied-for channels, or

channels coordinated for future growth.

Coordination must be completed prior

to filing an application for regular

authorization, or an amendment to a

pending application, or any major

modification to a license. In

coordinating frequency usage with

stations in the fixed satellite service,

applicants must also comply with the

requirements of § 101.21(f). In

engineering a system or modification

thereto, the applicant must, by

appropriate studies and analyses, select

sites, transmitters, antennas and

frequencies that will avoid interference

in excess of permissible levels to other

users. All applicants and licensees must

cooperate fully and make reasonable

efforts to resolve technical problems and

conflicts that may inhibit the most

effective and efficient use of the radio

spectrum; however, the party being

coordinated with is not obligated to

suggest changes or re-engineer a

proposal in cases involving conflicts.

Applicants should make every

reasonable effort to avoid blocking the

growth of systems as prior coordinated.

The applicant must identify in the

application all entities with which the

technical proposal was coordinated. In

the event that technical problems are

not resolved, an explanation must be

submitted with the application. Where

technical problems are resolved by an

agreement or operating arrangement

between the parties that would require

special procedures be taken to reduce

the likelihood of interference in excess

of permissible levels (such as the use of

artificial site shielding) or would result

in a reduction of quality or capacity of

either system, the details thereof may be

contained in the application.

(2) Coordination procedure guidelines

are as follows:

(i) Coordination involves two separate

elements: notification and response.

Both or either may be oral or in written

form. To be acceptable for filing, all

applications and major technical

amendments must certify that

coordination, including response, has

been completed. The names of the

licensees, permittees and applicants

with coordinated proposals, applicants,

permittees, and licensees with which

coordination was accomplished must be

specified. If such notice and/or response

is oral, the party providing such notice

or response must supply written

documentation of the communication

upon request;

(ii) Notification must include relevant

technical details of the proposal. At

minimum, this should include, as

applicable, the following:

Applicant’s name and address.

Transmitting station name.

Transmitting station coordinates.

Frequencies and polarizations to be added,

changed or deleted.

Transmitting equipment type, its stability,

actual output power, emission designator,

and type of modulation (loading).

Transmitting antenna type(s), model, gain

and, if required, a radiation pattern

provided or certified by the manufacturer.

Transmitting antenna center line height(s)

above ground level and ground elevation

above mean sea level.

Receiving station name.

Receiving station coordinates.

Receiving antenna type(s), model, gain, and,

if required, a radiation pattern provided or

certified by the manufacturer.

Receiving antenna center line height(s) above

ground level and ground elevation above

mean sea level.

Path azimuth and distance.

Estimated transmitter transmission line loss

expressed in dB.

Estimated receiver transmission line loss

expressed in dB.

Note: The position location of antenna sites

shall be determined to an accuracy of no less

than ±1 second in the horizontal dimensions

(latitude and longitude) and ±1 meter in the

vertical dimension (ground elevation) with

respect to the National Spacial Reference

System.

(iii) For transmitters employing digital

modulation techniques, the notification

should clearly identify the type of

modulation. Upon request, additional

details of the operating characteristics of

the equipment must also be furnished;

(iv) Response to notification should

be made as quickly as possible, even if

no technical problems are anticipated.

Any response to notification indicating

potential interference must specify the

technical details and must be provided

to the applicant, in writing, within the

30-day notification period. Every

reasonable effort should be made by all

applicants, permittees and licensees to

eliminate all problems and conflicts. If

no response to notification is received

within 30 days, the applicant will be

deemed to have made reasonable efforts

to coordinate and may file its

application without a response;

(v) The 30-day notification period is

calculated from the date of receipt by

the applicant, permittee, or licensee

being notified. If notification is by mail,

this date may be ascertained by:

(A) The return receipt on certified

mail;

(B) The enclosure of a card to be dated

and returned by the recipient; or

(C) A conservative estimate of the

time required for the mail to reach its

destination. In the last case, the

estimated date when the 30-day period

would expire should be stated in the

notification.

(vi) An expedited prior coordination

period (less than 30 days) may be

requested when deemed necessary by a

notifying party. The coordination notice

should be identified as ‘‘expedited’’ and
26696 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

the requested response date should be

clearly indicated. However,

circumstances preventing a timely

response from the receiving party

should be accommodated accordingly. It

is the responsibility of the notifying

party to receive written concurrence (or

verbal, with written to follow) from

affected parties or their coordination

representatives.

(vii) All technical problems that come

to light during coordination must be

resolved unless a statement is included

with the application to the effect that

the applicant is unable or unwilling to

resolve the conflict and briefly the

reason therefor;

(viii) Where a number of technical

changes become necessary for a system

during the course of coordination, an

attempt should be made to minimize the

number of separate notifications for

these changes. Where the changes are

incorporated into a completely revised

notice, the items that were changed

from the previous notice should be

identified. When changes are not

numerous or complex, the party

receiving the changed notification

should make an effort to respond in less

than 30 days. When the notifying party

believes a shorter response time is

reasonable and appropriate, it may be

helpful for that party to so indicate in

the notice and perhaps suggest a

response date;

(ix) If, after coordination is

successfully completed, it is determined

that a subsequent change could have no

impact on some parties receiving the

original notification, these parties must

be notified of the change and of the

coordinator’s opinion that no response

is required;

(x) Applicants, permittees and

licensees should supply to all other

applicants, permittees and licensees

within their areas of operations, the

name, address and telephone number of

their coordination representatives. Upon

request from coordinating applicants,

permittees and licensees, data and

information concerning existing or

proposed facilities and future growth

plans in the area of interest should be

furnished unless such request is

unreasonable or would impose a

significant burden in compilation;

(xi) Parties should keep other parties

with whom they are coordinating

advised of changes in plans for facilities

previously coordinated. If applications

have not been filed 6 months after

coordination was initiated, parties may

assume that such frequency use is no

longer desired unless a second

notification has been received within 10

days of the end of the 6 month period.

Renewal notifications are to be sent to

all originally notified parties, even if

coordination has not been successfully

completed with those parties; and

(xii) Any frequency reserved by a

licensee for future use in the bands

subject to this part must be released for

use by another licensee, permittee or

applicant upon a showing by the latter

that it requires an additional frequency

and cannot coordinate one that is not

reserved for future use.

(e) Where frequency conflicts arise

between co-pending applications in the

Private Operational Fixed Point-to-Point

Microwave, Common Carrier Fixed

Point-to-Point Microwave and Local

Television Transmission Services, it is

the obligation of the later filing

applicant to amend his application to

remove the conflict, unless it can make

a showing that the conflict cannot be

reasonably eliminated. Where a

frequency conflict is not resolved and

no showing is submitted as to why the

conflict cannot be resolved, the

Commission may grant the first filed

application and dismiss the later filed

application(s) after giving the later filing

applicant(s) 30 days to respond to the

proposed action.

(f) When the proposed facilities are to

be operated in the band 12,500–12,700

MHz, applications must also follow the

procedures in § 101.21 and the technical

standards and requirements of part 25 of

this chapter as regards licensees in the

Communication-Satellite Service.

§ 101.105 Interference protection criteria.

(a) The interference protection criteria

for fixed stations subject to this part are

as follows:

(1) To long-haul analog systems,

employing frequency modulated radio

and frequency division multiplexing to

provide multiple voice channels, the

allowable interference level per

exposure:

(i) Due to co-channel sideband-tosideband interference must not exceed 5

pwpO (Picowatts of absolute noise

power psophometrically weighted

(pwpO), appearing in an equivalent

voice band channel of 300–3400 Hz); or

(ii) Due to co-channel carrier-beat

interference must not exceed 50 pwpO.

(2) To short-haul analog systems

employing frequency modulated radio

and frequency division multiplexing to

provide multiple voice channels, the

allowable interference level per

exposure:

(i) Due to co-channel sideband-tosideband interference must not exceed

25 pwpO except in the 952–960 MHz

band interference into single link fixed

relay and control stations must not

exceed 250 pwpO per exposure; or

(ii) Due to co-channel carrier-beat

interference must not exceed 50 pwpO

except in the 952–960 MHz band

interference into single link fixed relay

and control stations must not exceed

1000 pwpO per exposure.

(3) FM–TV. In analog systems

employing frequency modulated radio

that is modulated by a standard,

television (visual) signal, the allowable

interference level per exposure may not

exceed the levels which would apply to

long-haul or short-haul FM–FDM

systems, as outlined in paragraphs (b)

(1) and (2) of this section, having a 600–

1200 voice channel capacity.

(b) In addition to the requirements of

paragraph (a) of this section the adjacent

channel interference protection criteria

to be afforded, regardless of system

length, or type of modulation,

multiplexing, or frequency band, must

be such that the interfering signal does

not produce more than 1.0 dB

degradation of the practical threshold of

the protected receiver. The ‘‘practical

threshold’’ of the protected receiver can

be based upon the definition in TSB 10,

referenced in paragraph (c) of this

section, or upon alternative generally

acceptable good engineering standards.

(c) Applying the Criteria.

(1) Guidelines for applying the

interference protection criteria for fixed

stations subject to this part are specified

in the Telecommunications Industry

Association’s Telecommunications

Systems Bulletin TSB 10, ‘‘Interference

Criteria for Microwave Systems’’ (TSB

10). Other procedures that follow

generally acceptable good engineering

practices are also acceptable to the

Commission.

(2) If TSB 10 guidelines cannot be

used, the following interference

protection criteria may be used by

calculating the ratio in dB between the

desired (carrier signal) and the

undesired (interfering) signal (C/I ratio)

appearing at the input to the receiver

under investigation (victim receiver):

Except as provided in § 101.147 where

the applicants proposed facilities are of

a type not included in paragraphs (a)

and (b) of this section or where the

development of the carrier-tointerference (C/I) ratio is not covered by

generally acceptable procedures, or

where the applicant does not wish to

develop the carrier-to-interference ratio,

the applicant must, in the absence of

criteria or a developed C/I ratio, employ

the following C/I protection ratios:

(i) Co-channel interference: Both

sideband and carrier-beat, applicable to

all bands; the existing or previously

authorized system must be afforded a

carrier to interfering signal protection

ratio of at least 90 dB except in the 952–
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26697

960 MHz band where it must be 75 dB;

or

(ii) Adjacent channel interference:

Applicable to all bands; the existing or

previously authorized system must be

afforded a carrier to interfering signal

protection ratio of at least 56 dB.

(3) Applicants for frequencies listed

in § 101.147(b)(1) must make the

following showings that protection

criteria have been met over the entire

service area of existing systems. Such

showings may be made by the applicant

or may be satisfied by a statement from

a frequency coordinator.

(i) For multiple address stations in the

928–929/952–960 MHz bands, a

statement that the proposed system

complies with the following co-channel

separations from all existing stations

and pending applications:

Fixed-to-fixed—145 km;

Fixed-to-mobile—113 km:

Mobile-to-mobile 81 km

Note to (3)(i): Multiple address systems

employing only remote stations will be

treated as mobile for the purposes of

determining the appropriate separation. For

mobile operation, the mileage is measured

from the reference point specified on the

license application. For fixed operation on

subfrequencies in accordance with § 101.147

the mileage also is measured from the

reference point specified on the license

application;

(ii) For multiple address stations in

the 932–932.5/941–941.5 MHz bands, a

statement that the proposed system

complies with the following co-channel

separation from all existing stations and

pending applications:

Fixed-to-fixed—113 Km

(iii) In cases where the geographic

separation standard in paragraphs

(c)(3)(i) and (c)(3)(ii) of this section are

not followed, an engineering analysis

must be submitted to show the

coordination of the proposed

assignment with existing systems

located closer than those standards. The

engineering analyses will include:

(A) Specification of the interference

criteria and system parameters used in

the interference study;

(B) Nominal service areas of each

system included in the interference

analysis.;

(C) Modified service areas resulting

from the proposed system. The

propagation models used to establish

the service boundary limits must be

specified and any special terrain

features considered in computing the

interference impact should be

described; and

(D) A statement that all parties

affected have agreed to the engineering

analysis and will accept the calculated

levels of interference.

(4) Multiple address systems

operating on subfrequencies in

accordance with § 101.147 that propose

to operate master stations at unspecified

locations must define the operating area

by a radius about a geographical

coordinate and describe how

interference to co-channel users will be

controlled.

(5) Multiple address frequencies in

the 956 MHz band may be assigned for

use by mobile master stations on a

primary basis. Multiple address

frequencies in the 952 MHz band may

be assigned for use by mobile master

stations on a case-by-case basis. Mobile

operation in the 952 MHz band will be

on a secondary basis to fixed operations.

(6) Each application for new or

modified nodal station on channels

numbered 4A, 4B, 7, 9, and 19/20 in the

10.6 GHz band and all point-tomultipoint channels in the 18 GHz band

must demonstrate that all existing cochannel stations are at least 56

kilometers from the proposed nodal

station site. Applicants for these

channels must certify that all licensees

and applicants for stations on the

adjacent channels within 56 kilometers

of the proposed nodal station have been

notified of the proposed station and do

not object. Alternatively, or if one of the

affected adjacent channel interests does

object, the applicant may show that all

affected adjacent channel parties are

provided a C/I protection ratio of 0 dB.

An applicant proposing to operate at an

AAT greater than 91 meters must reduce

its EIRP in accordance with the

following table; however, in no case

may EIRP exceed 70 dBm on the 10.6

GHz channels.

AAT (meters) EIRP

dBm

Above 300 ..................................... +38

251 to 300 ..................................... 41

201 to 250 ..................................... 43

151 to 200 ..................................... 49

101 to 150 ..................................... 55

100 and below .............................. 85

(7) Each application for new or

modified nodal station on channels

numbered 21, 22, 23, and 24 in the 10.6

GHz band must include an analysis of

the potential for harmful interference to

all other licensed and previously

applied for co-channel and adjacent

channel station located within 80

kilometers of the location of the

proposed station. The criteria contained

in § 101.103(d)(2) must be used in this

analysis. Applicants must certify that

copies of this analysis have been served

on all parties which might reasonably be

expected to receive interference above

the levels set out in § 101.103(d)(2)

within 5 days of the date the subject

application is filed with the

Commission.

(8) If the potential interference will

exceed the prescribed limits, a

statement shall be submitted with the

application for new or modified stations

to the effect that all parties have agreed

to accept the higher level of

interference.

(d) Effective August 1, 1985, when a

fixed station that conforms to the

technical standards of this subpart (or,

in the case of the 12,200–12,700 MHz

band, a direct broadcast satellite station)

receives or will receive interference in

excess of the levels specified in this

section as a result of an existing

licensee’s use of non-conforming

equipment authorized between July 20,

1961 and July 1, 1976, and the

interference would not result if the

interfering station’s equipment

complied with the current technical

standards, the licensee of the nonconforming station must take whatever

steps are necessary to correct the

situation up to the point of installing

equipment which fully conforms to the

technical standards of this subpart. In

such cases, if the engineering analysis

demonstrates that:

(1) The conforming station would

receive interference from a nonconforming station in excess of the

levels specified in this section; and

(2) The interference would be

eliminated if the non-conforming

equipment were replaced with

equipment which complies with the

standards of this subpart, the licensee

(or prospective licensee) of the station

which would receive interference must

provide written notice of the potential

interference to both the non-conforming

licensee and the Commission’s office in

Gettysburg, PA. The non-conforming

licensee must make all required

equipment changes within 180 days

from the date of official Commission

notice informing the licensee that it

must upgrade its equipment, unless an

alternative solution has been agreed to

by all parties involved in the

interference situation. If a nonconforming licensee fails to make all

required changes within the specified

period of time, the Commission may

require the licensee to suspend

operation until the changes are

completed.

(e) Interference Dispute Resolution

Procedures. Should a licensee licensed

under this part receive harmful

interference from another licensee

licensed under this chapter, the parties

involved shall comply with the dispute

resolution procedures set forth herein:
26698 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

(1) The licensee experiencing the

harmful interference shall notify the

licensee believed to be causing the

harmful interference and shall supply

information describing its problem and

supporting its claim;

(2) Upon receipt of the harmful

interference notice, the licensee alleged

to be causing the harmful interference

shall respond immediately and make

every reasonable effort to identify and

resolve the conflict; and

(3) Licensees are encouraged to

resolve the harmful interference prior to

contacting the Commission.

§ 101.107 Frequency tolerance.

(a) The carrier frequency of each

transmitter authorized in these services

must be maintained within the

following percentage of the reference

frequency except as otherwise provided

in paragraph (b) of this section or in the

applicable subpart of this part (unless

otherwise specified in the instrument of

station authorization the reference

frequency will be deemed to be the

assigned frequency):

Frequency (MHz)

Frequency Tolerance (percent)

All fixed and

base stations

Mobile stations over 3

watts

Mobile stations 3

watts or

less

928 to 929 2 5 ............................................................................................................................................ 0.0005 .................... ....................

932 to 932.5 2 ........................................................................................................................................... 0.00015 .................... ....................

932.5 to 935 2 ........................................................................................................................................... 0.00025 .................... ....................

941 to 941.5 ............................................................................................................................................. 0.00015 .................... ....................

941.5 to 944 ............................................................................................................................................. 0.00025 .................... ....................

952 to 960 7 .............................................................................................................................................. .................... .................... ....................

944.0 to 1,000 .......................................................................................................................................... 0.0005 0.0005 0.0005

1,850 to 1,990 .......................................................................................................................................... 0.002 .................... ....................

2,110 to 2,200 .......................................................................................................................................... 0.001 .................... ....................

2,200 to 12,200 1 3 .................................................................................................................................... 0.005 0.005 0.005

2,450 to 2,500 .......................................................................................................................................... 0.001 .................... ....................

3,700 to 4,200 .......................................................................................................................................... 0.005 .................... ....................

5,925 to 6,875 .......................................................................................................................................... 0.005 .................... ....................

10,550 to 11,700 ...................................................................................................................................... 0.005 .................... ....................

12,200 to 13,250 6 .................................................................................................................................... 0.005 .................... ....................

12,200 to 17,700 ...................................................................................................................................... 0.03 0.03 0.03

17,700 to 18,820 4 5 .................................................................................................................................. 0.003 .................... ....................

18,820 to 18,920 4 5 .................................................................................................................................. 0.001 .................... ....................

18,920 to 19,700 4 5 .................................................................................................................................. 0.003 .................... ....................

19,700 to 40,000 6 .................................................................................................................................... 0.03 0.03 0.03

1Applicable only to common carrier LTTS stations. Beginning Aug. 9, 1975, this tolerance will govern the marketing of LTTS equipment and

the issuance of all such authorizations for new radio equipment. Until that date new equipment may be authorized with a frequency tolerance of

.03 percent in the frequency range 2,200 to 10,500 MHz and .05 percent in the range 10,500 MHz to 12,200 MHz, and equipment so authorized

may continue to be used for its life provided that it does not cause interference to the operation of any other licensee. 2Equipment authorized to be operated on frequencies between 890 and 940 MHz as of Oct. 15, 1956, must maintain a frequency tolerance

within 0.03 percent subject to the condition that no harmful interference is caused to any other radio station. 3See subpart G of this part for the stability requirements for transmitters used in the Digital Electronic Message Service.

4Existing type accepted equipment with a frequency tolerance of ±0.03% may be marketed until December 1, 1988. Equipment installed and

operated prior to December 1, 1988 may continue to operate after that date with a minimum frequency tolerance of ±0.03%. However, the replacement of equipment requires that the ±0.003% tolerance be met. 5For remote stations with 12.5 KHz bandwidth, the tolerance is ±0.00015%. 6Applicable to private operational fixed point-to-point microwave only. For exceptions see § 101.147. 7For private operational fixed point-to-point microwave systems, with a channel greater than or equal to 50 KHz bandwidth, ±0.0005%; for multiple address master stations, regardless of bandwidth, ±0.00015%; for multiple address remote stations with 12.5 KHz bandwidths, ±0.00015%;

for multiple address remote stations with channels greater than 12.5 KHz bandwidth, ±0.0005%.

(b) Heterodyne microwave radio

systems may be authorized at a

somewhat less restrictive frequency

tolerance (up to .01 percent) to

compensate for frequency shift caused

by numerous repeaters between base

band signal insertion. Where such

relaxation is sought, applicant must

provide all calculations and indicate the

desired tolerance over each path. In

such instances the radio transmitters

and receivers used must individually be

capable of complying with the tolerance

specified in paragraph (a) of this

section. Heterodyne operation is

restricted to channel bandwidth of 10

MHz or greater.

(c) As an additional requirement in

any band where the Commission makes

assignments according to a specified

channel plan, provisions must be made

to prevent the emission included within

the occupied bandwidth from radiating

outside the assigned channel at a level

greater than that specified in § 101.111.

§ 101.109 Bandwidth.

(a) Each authorization issued

pursuant to these rules will show, as the

emission designator, a symbol

representing the class of emission which

must be prefixed by a number

specifying the necessary bandwidth.

This figure does not necessarily indicate

the bandwidth actually occupied by the

emission at any instant. In those cases

where part 2 of this chapter does not

provide a formula for the computation

of the necessary bandwidth, the

occupied bandwidth may be used in the

emission designator.

(b) Stations in this service will be

authorized any type of emission,

method of modulation, and

transmission characteristic, consistent

with efficient use of the spectrum and

good engineering practice, except that

Type B, damped-wave emission will not

be authorized.

(c) The maximum bandwidth which

will be authorized per frequency

assigned is set out in the table that

follows. Regardless of the maximum

authorized bandwidth specified for each

frequency band, the Commission

reserves the right to issue a license for

less than the maximum bandwidth if it
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26699

appears that a lesser bandwidth would

be sufficient to support an applicant’s

intended communications.

Frequency band

(MHz)

Maximum authorized

bandwidth

928 to 929 ................. 25 KHz 1 6

932 to 932.5, 941 to

941.5.

12.5 KHz 1

932.5 to 935, 941.5 to

944.

200 KHz 1

952 to 960 ................. 200 KHz 1 5

1,850 to 1,990 ........... 10 MHz 1

2,110 to 2,130 ........... 3.5 MHz

2,130 to 2,150 ........... 800 or 1600 KHz 1

2,150 to 2,160 ........... 10 MHz

2,160 to 2,180 ........... 3.5 MHz

2,180 to 2,200 ........... 800 or 1600 KHz 1

2,450 to 2,483.5 ........ 625 KHz 2

2,483.5 to 2,500 ........ 800 KHz

3,700 to 4,200 ........... 20 MHz

5,925 to 6,425 ........... 30 MHz 1

6,425 to 6,525 ........... 25 MHz

6,525 to 6,875 ........... 10 MHz 1

10,550 to 10,680 ....... 5 MHz 1

10,700 to 11,700 ....... 40 MHz 1

12,200 to 12,700 ....... 20 MHz 1

13,200 to 13,250 ....... 25 MHz

17,700 to 18,140 ....... 220 MHz 1

18,140 to 18,142 ....... 2 MHz

18,142 to 18,580 ....... 6 MHz

18,580 to 18,820 ....... 20 MHz 1

18,820 to 18,920 ....... 10 MHz

18,920 to 19,160 ....... 20 MHz 1

19,160 to 19,260 ....... 10 MHz

19,260 to 19,700 ....... 220 MHz 1

21,200 to 23,600 ....... 100 MHz 4

27,500 to 29,500 ....... 220 MHz

31,000 to 31,300 ....... 25 or 50 MHz

38,600 to 40,000 ....... 50 MHz Bands above

40,000 3

1The maximum bandwidth that will be authorized for each particular frequency in this

band is detailed in the appropriate frequency

table in § 101.147. 2 1250 KHz, 1875 KHz, or 2500 KHz on a

case-by-case basis. 3To be specified in authorization.

4For exceptions, see § 101.147(t). 5A 12.5 KHz bandwidth applies only to frequencies listed in § 101.147(b)(1). 6For frequencies listed in § 101.147(b)(1),

consideration will be given on a case-by-case

basis to authorizing bandwidths up to 50 KHz.

§ 101.111 Emission limitations.

(a) The mean power of emissions

must be attenuated below the mean

output power of the transmitter in

accordance with the following schedule:

(1) When using transmissions other

than those employing digital

modulation techniques:

(i) On any frequency removed from

the assigned frequency by more than 50

percent up to and including 100 percent

of the authorized bandwidth: At least 25

decibels;

(ii) On any frequency removed from

the assigned frequency by more than

100 percent up to and including 250

percent of the authorized bandwidth: At

least 35 decibels;

(iii) On any frequency removed from

the assigned frequency by more than

250 percent of the authorized

bandwidth: At least 43+10 Log10 (mean

output power in watts) decibels, or 80

decibels, whichever is the lesser

attenuation.

(2) When using transmissions

employing digital modulation

techniques (see § 101.141(b)) in

situations not covered in this section:

(i) For operating frequencies below 15

GHz, in any 4 KHz band, the center

frequency of which is removed from the

assigned frequency by more than 50

percent up to and including 250 percent

of the authorized bandwidth: As

specified by the following equation but

in no event less than 50 decibels:

A=35+0.8(P–50)+10 Log10B.

(Attenuation greater than 80

decibels is not required.)

where:

A=Attenuation (in decibels) below the

mean output power level.

P=Percent removed from the carrier

frequency.

B=Authorized bandwidth in MHz.

(ii) For operating frequencies above 15

GHz, in any 1 MHz band, the center

frequency of which is removed from the

assigned frequency by more than 50

percent up to and including 250 percent

of the authorized bandwidth: As

specified by the following equation but

in no event less than 11 decibels:

A=11+0.4(P–50)+10 Log10B.

(Attenuation greater than 56

decibels is not required.)

(iii) In any 4 KHz band, the center

frequency of which is removed from the

assigned frequency by more than 250

percent of the authorized bandwidth: At

least 43+10 Log10 (mean output power

in watts) decibels, or 80 decibels,

whichever is the lesser attenuation.

(3) For Digital Termination System

channels used in the Digital Electronic

Message Service (DEMS) operating in

the 10,550–10,680 MHz band:

(i) In any 4 KHz band, the center

frequency of which is removed from the

edge of the DEMS channel by up to and

including 1.125 times the DEMS

subchannel bandwidth: As specified by

the following equation may in no event

be less than 50+10 log10 N decibels:

A=50+0.0333 (F–0.5B)+10 log10 N

decibels

Where:

A=Attenuation (in decibels) below

means output power level

contained within the DEMS

channel for a given polarization.

B=Bandwidth of DEMS channel (in

KHz).

F=Absolute value of the difference

between the center frequency of the

4 KHz band measured and the

center frequency of the DEMS

channel (in KHz).

N=Number of active subchannels of the

given polarization within the DEMS

channel.

(ii) In any 4 KHz band within the

authorized DEMS band the center

frequency of which is removed from the

center frequency of the DEMS channel

by more than the sum of 50% of the

DEMS channel bandwidth plus 1.125

times the subchannel bandwidth: As

specified by the following equation but

in no event less than 80 decibels:

A=80+10 log10 N decibels

(iii) In any 4 KHz band the center

frequency of which is outside the

authorized DEMS band: At least 43+10

log10 (mean output power in watts)

decibels.

(4) For Digital Termination System

channels used in the Digital Electronic

Message Service (DEMS) operating in

the 17,700–19,700 MHz band:

(i) In any 4 KHz band, the center

frequency of which is removed from the

frequency of the center of the DEMS

channel by more than 50 percent of the

DEMS channel bandwidth up to and

including 50 percent plus 500 KHz: As

specified by the following equation but

in no event be less than 50+10 log10 N

decibels:

A=50+0.06 (F–0.5B)+10 log10 N decibels

Where:

A=Attenuation (in decibels) below

means output power level

contained within the DEMS

channel for a given polarization.

B=Bandwidth of DEMS channel (in

KHz).

F=Absolute value of the difference

between the center frequency of the

4 KHz band measured and the

center frequency of the DEMS

channel (in KHz).

N=Number of active subchannels of the

given polarization within the DEMS

channel.

(ii) In any 4 KHz band within the

authorized DEMS band, the center

frequency of which is removed from the

center frequency of the DEMS channel

by more than the sum of 50 percent of

the channel bandwidth plus 500 KHz:

As specified by the following equation

but in no event less than 80 decibels:

A=80+10 log10 N decibels

(iii) In any 4 KHz band the center

frequency of which is outside the

authorized Digital Message Service

band: At least 43+10 log10 (mean output

power in watts) decibels.

(5) When using transmissions

employing digital modulation

techniques on the 900 MHz multiple

address frequencies with a 12.5 KHz
26700 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

bandwidth, the power of any emission

must be attenuated below the

unmodulated carrier power of the

transmitter (P) in accordance with the

following schedule:

(i) On any frequency removed from

the center of the authorized bandwidth

by a displacement frequency (fd in KHz)

of more than 2.5 KHz up to and

including 6.25 KHz: At least 53 log10

(fd/2.5) decibels;

(ii) On any frequency removed from

the center of the authorized bandwidth

by a displacement frequency (fd in KHz)

of more than 6.25 KHz up to and

including 9.5 KHz: At least 103 log10

(fd/3.9) decibels;

(iii) On any frequency removed from

the center of the authorized bandwidth

by a displacement frequency (fd in KHz)

of more than 9.5 KHz up to and

including 15 KHz: At least 157 log10 (fd/

5.3) decibels; and

(iv) On any frequency removed from

the center of the authorized bandwidth

by a displacement frequency greater

than 15 KHz: At least 50 plus 10 log10(P)

or 70 decibels, whichever is the lesser

attenuation.

(6) When using transmissions

employing digital modulation

techniques on the 900 MHz multiple

address frequencies with a bandwidth

greater than 12.5 KHz, the power of any

emission must be attenuated below the

unmodulated carrier power of the

transmitter (P) in accordance with the

following schedule:

(i) On any frequency removed from

the center of the authorized bandwidth

by a displacement frequency (fd in KHz)

of more than 5 KHz up to and including

10 KHz: At least 83 log10 (fd/5) decibels;

(ii) On any frequency removed from

the center of the authorized bandwidth

by a displacement frequency (fd in KHz)

of more than 10 KHz up to and

including 250 percent of the authorized

bandwidth: At least 116 log10 (fd/6.1)

decibels or 50 plus 10 log10 (P) or 70

decibels, whichever is the lesser

attenuation; and

(iii) On any frequency removed from

the center of the authorized bandwidth

by more that 250 percent of the

authorized bandwidth: At least 43 plus

10 log10 (output power in watts)

decibels or 80 decibels, whichever is the

lesser attenuation.

(b) When an emission outside of the

authorized bandwidth causes harmful

interference, the Commission may, at its

discretion, require greater attenuation

than specified in paragraph (a) of this

section.

(c) The emission of an unmodulated

carrier is prohibited except for test

purposes as required for proper station

and system maintenance.

§ 101.113 Transmitter power limitations.

(a) On any authorized frequency, the

average power delivered to an antenna

in this service must be the minimum

amount of power necessary to carry out

the communications desired.

Application of this principle includes,

but is not to be limited to, requiring a

licensee who replaces one or more of its

antennas with larger antennas to reduce

its antenna input power by an amount

appropriate to compensate for the

increased primary lobe gain of the

replacement antenna(s). In no event

shall the average equivalent

isotropically radiated power (EIRP), as

referenced to an isotropic radiator,

exceed the values specified below. In

cases of harmful interference, the

Commission may, after notice and

opportunity for hearing, order a change

in the effective radiated power of this

station. Further, the output power of a

transmitter on any authorized frequency

in this service may not exceed the

following:

Frequency Band

(MHz)

Maximum allowable

EIRP1 2

Fixed

(dBW)

Mobile

(dBW)

928.0 to 929.0 ........... +17 ................

932.0 to 932.5 ........... +17 ................

932.5 to 935.0 ........... +40 ................

941.0 to 941.5 ........... +30 ................

941.5 to 944.0 ........... +40 ................

952.0 to 960.0 2 ......... +40 ................

1,850 to 1,990 ........... +45 ................

2,110 to 2,130 ........... +45 ................

2,130 to 2,150 ........... +45 ................

2,150 to 2,160 3 ......... +45 ................

2,160 to 2,180 3 ......... +45 ................

2,180 to 2,200 ........... +45 ................

2,450 to 2,500 ........... +45 ................

2,500 to 2,686 4 ......... ................ ................

2,686 to 2,690 4 ......... +45 ................

3,700 to 4,200 ........... +55 ................

5,925 to 6,425 4 ......... +55 ................

6,425 to 6,525 4 ......... ................ +35

6,525 to 6,875 4 ......... +55 ................

10,550 to 10,680 5 ..... +55 ................

10,700 to 11,700 ....... +55 ................

12,200 to 12,700 ....... +50 ................

12,700 to 13,250 4 ..... +50 ................

17,700 to 18,600 ....... +55 ................

18,600 to 18,800 6 ..... +35 ................

18,800 to 19,700 ....... +55 ................

21,200 to 23,600 7 ..... 5 +55 ................

27,500 to 29,500 ....... +55 ................

31,000 to 31,300 ....... (8) (8)

38,600 to 40,000 ....... +55 ................

1 Per polarization.

2 For multiple address operations, see

§ 101.147. Remote alarm units that are part of

a multiple address central station protection

system are authorized a maximum of 2 watts. 3 When an omnidirectional antenna is authorized in the 2150–2160 MHz band, the

maximum power shall be 60 dBm. 4 Also, see § 101.145.

5 The output power of a DEMS System

nodal transmitter shall not exceed 0.5 watts

per 250 KHz. The output power of a DEMS

System user transmitter shall not exceed 0.04

watts per 250 KHz. The transmitter power in

terms of the watts specified is the peak envelope power of the emission measured at the

associated antenna input port. The operating

power shall not exceed the authorized power

by more than 10 percent of the authorized

power in watts at any time. 6 Maximum power delivered to the antenna

shall not exceed ¥3 dBW. 7 Also, see § 101.147(t). 8 The maximum transmit power is 0.05

watts.

(b) The power of transmitters that use

Automatic Transmitter Power Control

shall not exceed the power input or

output specified in the instrument of

station authorization. The power of nonATPC transmitters shall be maintained

as near as practicable to the power input

or output specified in the instrument of

station authorization.

§ 101.115 Directional antennas.

(a) Unless otherwise authorized upon

specific request by the applicant, each

station authorized under the rules of

this part must employ a directional

antenna adjusted with the center of the

major lobe of radiation in the horizontal

plane directed toward the receiving

station with which it communicates:

provided, however, where a station

communicates with more than one

point, a multi- or omni-directional

antenna may be authorized if necessary.

New Periscope antenna systems will

not, under ordinary circumstances, be

authorized.

(b) Stations operating below 932.5

MHz that are required to use directional

antennas must employ antennas

meeting the standards indicated below.

(Maximum beamwidth is for the major

lobe of radiation at the half power

points. Suppression is the minimum

attenuation required for any secondary

lobe signal and is referenced to the

maximum signal in the main lobe.)

Frequency range

Maximum

beamwidth (degrees)Suppression (dB)

512 to 932.5 MHz ..... 20 13

(c) Fixed stations (other than

temporary fixed stations and DEMS

nodal stations) operating at 932.5 MHz

or higher must employ transmitting and

receiving antennas (excluding second

receiving antennas for operations such

as space diversity) meeting the

appropriate performance Standard A

indicated below, except that in areas not

subjected to frequency congestion

antennas meeting performance Standard

B may be used subject to the
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26701

requirements set forth in paragraph (d)

of this section.

ANTENNA STANDARDS

Frequency (MHz) Category

Maximum

beam

width to 3

dB points

(included

angles in

degrees)

Minimum

antenna

gain (dbi)

Minimum radiation suppression to angle in degrees from centerline of main beam

in decibels

5° to 10°* 10° to

15°*

15° to

20°*

20° to

30°*

30° to

100°*

100° to

140°*

140° to

180°*

932.5 to 935 ................ A 14.0 N/A ................ 6 11 14 17 20 24

B 20.0 N/A ................ ................ 6 10 13 15 20

941.5 to 944 ................ A 14.0 N/A ................ 6 11 14 17 20 24

B 20.0 N/A ................ ................ 6 10 13 15 20

952 to 960 8, 9 ............... A 14.0 N/A ................ 6 11 14 17 20 24

B 20.0 N/A ................ ................ 6 10 13 15 20

1,850 to 2,500 11 A 5.0 N/A 12 18 22 25 29 33 39

B 8.0 N/A 5 18 20 20 25 28 36

3,700 to 4,200 ............. A N/A 36 23 29 33 36 42 55 55

B N/A 36 20 24 28 32 32 32 32

5,925 to 6,425 5 A N/A 38 25 29 33 36 42 55 55

B N/A 38 21 25 29 32 35 39 45

5,925 to 6,425 6 A N/A 38 25 29 33 36 42 55 55

B N/A 38 20 24 28 32 35 36 36

6,525 to 6,875 5 A N/A 38 25 29 33 36 42 55 55

B N/A 38 21 25 29 32 35 39 45

6,525 to 6,875 6 A 1.5 N/A 26 29 32 34 38 41 49

B 2.0 N/A 21 25 29 32 35 39 45

10,550 to 10,680 4, 5 A N/A 38 25 29 33 36 42 55 55

B N/A 38 20 24 28 32 35 35 39

10,550 to 10,680 6 A 3.4 34 20 24 28 32 35 55 55

B 3.4 34 20 24 28 32 35 35 39

10,565 to 10,615 7 N/A 360 N/A N/A N/A N/A N/A N/A N/A N/A

10,630 to 10,680 7 N/A N/A 34 20 24 28 32 35 36 36

10,700 to 11,700 5 A N/A 38 25 29 33 36 42 55 55

B N/A 38 20 24 28 32 35 36 36

12,200 to 13,250 12 A 1.0 N/A 23 28 35 39 41 42 50

B 2.0 N/A 20 25 28 30 32 37 47

17,700 to 18,820 A N/A 38 25 29 33 36 42 55 55

B N/A 38 20 24 28 32 35 36 36

18,920 to 19,700 1 A N/A 38 25 29 33 36 42 55 55

B N/A 38 20 24 28 32 35 36 36

21,200 to 23,600 10 A N/A 38 25 29 33 36 42 55 55

B N/A 38 20 24 28 32 35 36 36

31,000 to 31,300 2, 3 N/A 4.0 38 N/A N/A N/A N/A N/A N/A N/A

Above 31,300 .............. A N/A 38 25 29 33 36 42 55 55

B N/A 38 20 24 28 32 35 36 36

*1 DEMS User Station antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBi. The maximum

beamwidth requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards. 2The minimum front-to-back ratio must be 38 dBi.

3 Mobile, except aeronautical mobile, stations need not comply with these standards.

4Except for antennas between 140° and 180° authorized or pending on January 1, 1989, in the band 10,550 to 10,565 MHz for which minimum radiation to suppression to angle (in degrees) from centerline of main beam is 36 decibels. 5These antenna standards apply to all point-to-point stations authorized after June 1, 1997. Existing licensees and pending applicants on that

date are grandfathered and need not comply with these standards. 6These antenna standards apply to all point-to-point stations authorized on or before June 1, 1997.

7These antenna standards apply only to DEMS User Stations licensed, in operation, or applied for prior to July 15, 1993.

8Except for Multiple Address System frequencies listed in where omnidirectional antennas may be used.

9Antennas used at outlying stations as part of a central protection alarm system need conform to only the following 2 standards: (i) The minimum on-beam forward gain must be at least 10 dBi; and (ii) the minimum front-to-back ratio must be at least 20 dB. 10Except as provided in § 101.147(t). Note to paragraph (10): Stations must employ an antenna that meets the performance standards for

Category A, except that in areas not subject to frequency congestion, antennas meeting standards for Category B may be employed. Note, however, that the Commission may require the use of high performance antennas where interference problems can be resolved by the use of such

antennas. 11Omnidirectional antennas may be authorized in the band 2150–2160 MHz. 12Except for temporary-fixed operations in the band 13200–13250 MHz with output powers less than 250 mW and as provided in § 101.147(q).

(d) The Commission shall require the

replacement of any antenna or periscope

antenna system of a permanent fixed

station operating at 932.5 MHz or higher

that does not meet performance

Standard A specified in paragraph (c) of

this section, at the expense of the

licensee operating such antenna, upon a

showing that said antenna causes or is

likely to cause interference to (or receive

interference from) any other authorized

or applied for station whereas a higher

performance antenna is not likely to

involve such interference. Antenna

performance is expected to meet the

standards of paragraph (c) of this section

for parallel polarization. For cases of

potential interference, an antenna will
26702 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

not be considered to meet Standard A

unless the parallel polarization

performance for the discrimination

angle involved meets the requirements,

even if the cross-polarization

performance controls the interference.

(e) In cases where passive reflectors

are employed in conjunction with

transmitting antenna systems, the

foregoing paragraphs of this section also

will be applicable. However, in such

instances, the center of the major lobe

of radiation from the antenna normally

must be directed at the passive reflector,

and the center of the major lobe of

radiation from the passive reflector

directed toward the receiving station

with which it communicates.

(f) Periscope antennas used at an

electric power facility plant area will be

excluded from the requirements of

paragraph (c) of this section on a caseby-case basis where technical

considerations or safety preclude the

use of other types of antenna systems.

(g) In the event harmful interference

is caused to the operation of other

stations, the Commission may, after

notice and opportunity for hearing,

order changes to be made in the height,

orientation, gain and radiation pattern

of the antenna system.

§ 101.117 Antenna polarization.

Except as set forth herein, stations

operating in the radio services included

in this part are not limited as to the type

of polarization of the radiated signal,

provided, however, that in the event

interference in excess of permissible

levels is caused to the operation of other

stations the Commission may, after

notice and opportunity for hearing,

order the licensee to change the

polarization of the radiated signal. No

change in polarization may be made

without prior authorization from the

Commission. Unless otherwise allowed,

only linear polarization (horizontal or

vertical) shall be used.

§ 101.119 Simultaneous use of common

antenna structures.

The simultaneous use of common

antenna structures by more than one

radio station, or by one of more

domestic public radio stations and one

or more stations of any other class or

service, may be authorized: provided,

however, that each licensee or user of

any such structure is responsible for

maintaining the structure, and for

painting and illuminating the structure

when obstruction marking is required

by the Commission. (See § 101.21(a).)

§ 101.121 Marking of antenna structures.

The owner of each antenna structure

required to be painted and/or

illuminated under the provision of

section 303(q) of the Communications

Act of 1934, as amended, shall operate

and maintain the antenna structure

painting and lighting in accordance

with part 17 of this chapter. In the event

of default by the owner, each licensee or

permittee shall be individually

responsible for conforming to the

requirements pertaining to antenna

structure painting and lighting. For

complete regulations relative to antenna

marking requirements, see part 17 of

this chapter.

§ 101.123 Quiet zones.

Quiet zones are those areas where it

is necessary to restrict radiation so as to

minimize possible impact on the

operations of radio astronomy or other

facilities that are highly sensitive to

radio frequency interference.

(a) In order to minimize possible

harmful interference at the National

Radio Astronomy Observatory site

located at Green Bank, Pocohontas

County, W. Va., and at the Naval Radio

Research Observatory site at Sugar

Grove, Pendleton County, W. Va., any

applicant for a station authorization

other than temporary-fixed seeking a

station license for a new station or to

modify an existing station in a manner

which would change either the

frequency, power, antenna height or

directivity, or location of such a station

within the area boarded by 39°15′ N. on

the north, 78°30′ W. on the east, 37°30′

N. on the south, and 80°30′ W. on the

west must at the time of filing such

application with the Commission,

simultaneously notify the Director,

National Radio Astronomy Observatory,

Post Office Box No. 2, Green Bank, W.

Va. 24944, in writing, of the technical

particulars of the proposed station. Such

notification must include the

geographical coordinates of the antenna,

antenna height, antenna directivity if

any, proposed frequency, type of

emission and power. In addition, the

applicant must indicate in his

application to the Commission the date

notification was made to the

Observatory. After receipt of such

applications, the Commission will allow

a period of twenty (20) days for

comments or objections in response to

the notifications indicated. If an

objection to the proposed operation is

received during the 20-day period from

the National Radio Astronomy

Observatory for itself or on behalf of the

Naval Radio Research Observatory, the

Commission will consider all aspects of

the problem and take whatever action is

deemed appropriate.

(b) Protection for Table Mountain

Radio Receiving Zone, Boulder County,

Colorado. Applicants for a station

authorization to operate in the vicinity

of Boulder County, Colorado under this

part are advised to give due

consideration, prior to filing

applications, to the need to protect the

Table Mountain Radio Receiving Zone

from harmful interference. These are the

research laboratories of the Department

of Commerce, Boulder County,

Colorado. To prevent degradation of the

present ambient radio signal level at the

site, the Department of Commerce seeks

to ensure that the field strengths of any

radiated signals (excluding reflected

signals) received on this 1800 acre site

(in the vicinity of coordinates 40°07′50′′

N. Latitude, 105°14′40′′ W. Longitude),

resulting from new assignments or from

the modification or relocation of

existing facilities do not exceed 1 mV/

m in the authorized bandwidth of

service. (A field strength of 1 mV/m is

equivalent to a power flux density of

85.8 dBW/M2 assuming a free-space

characteristic impedance of 376.7

ohms.)

(1) Advance consultation is

recommended particularly for those

applicants who have no reliable data

which indicates whether the field

strength or power flux density figures

would be exceeded by their proposed

radio facilities. In such instances, the

following is a suggested guide for

determining whether coordination is

recommended:

(i) All stations within 2.4 km;

(ii) Stations within 4.8 km with 50

watts or more effective radiated power

(ERP) in the primary plane of

polarization in the azimuthal direction

of the Table Mountain Receiving Zone;

(iii) Stations within 16 km with 1 kW

or more ERP in the primary plane of

polarization in the azimuthal direction

of the Table Mountain Receiving Zone;

or

(iv) Stations within 80 km with 25 kW

or more ERP in the primary plane of

polarization in the azimuthal direction

of the Table Mountain Receiving Zone.

(2) Applicants concerned are urged to

communicate with the Radio Frequency

Management Coordinator, Department

of Commerce, Research Support

Services, NOAA/R/E5X2, Boulder

Laboratories, Boulder CO 80303;

telephone (303) 497–6548, in advance of

filing their applications with the

Commission.

(3) The Commission will not screen

applications to determine whether

advance consultation has taken place.

However, applicants are advised that

such consultation can avoid objections

from the Department of Commerce or

proceedings to modify any authorization

which may be granted which, in fact,
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26703

delivers a signal at the site in excess of

the field strength specified herein.

(c) Protection for Federal

Communications Commission

monitoring stations:

(1) Applicants in the vicinity of an

FCC monitoring station for a radio

station authorization to operate new

transmitting facilities or changed

transmitting facilities which would

increase the field strength produced

over the monitoring station over that

previously authorized are advised to

give consideration, prior to filing

applications, to the possible need to

protect the FCC stations from harmful

interference. Geographical coordinates

of the facilities which require protection

are listed in § 0.121(c) of this chapter.

Applications for stations (except mobile

stations) which will produce on any

frequency a direct wave fundamental

field strength of greater than 10 mV/m

in the authorized bandwidth of service

(¥65.8 dBW/m2 power flux density

assuming a free space characteristic

impedance of 120 ohms) at the

referenced coordinates, may be

examined to determine extent of

possible interference. Depending on the

theoretical field strength value and

existing root-sum-square or other

ambient radio field signal levels at the

indicated coordinates, a clause

protecting the monitoring station may

be added to the station authorization.

(2) In the event that calculated value

of expected field exceeds 10 mV/m

(¥65.8 dBW/m2) at the reference

coordinates, or if there is any question

whether field strength levels might

exceed the threshold value, advance

consultation with the FCC to discuss

any protection necessary should be

considered. Prospective applicants may

communicate with: Chief, Compliance

and Information Bureau, Federal

Communications Commission,

Washington, DC 20554, Telephone (202)

418–1100.

(3) Advance consultation is suggested

particularly for those applicants who

have no reliable data which indicates

whether the field strength or power flux

density figure indicated would be

exceeded by their proposed radio

facilities (except mobile stations). In

such instances, the following is a

suggested guide for determining

whether an applicant should coordinate:

(i) All stations within 2.4 kilometers;

(ii) Stations within 4.8 kilometers

with 50 watts or more average effective

radiated power (ERP) in the primary

plane of polarization in the azimuthal

direction of the Monitoring Stations;

(iii) Stations within 16 kilometers

with 1 kW or more average ERP in the

primary plane of polarization in the

azimuthal direction of the Monitoring

Station; or

(iv) Stations within 80 kilometers

with 25 kW or more average ERP in the

primary plane of polarization in the

azimuthal direction of the Monitoring

Station.

(4) Advance coordination for stations

operating above 1000 MHz is

recommended only where the proposed

station is in the vicinity of a monitoring

station designated as a satellite

monitoring facility in § 0.121(c) of this

chapter and also meets the criteria

outlined in paragraphs (c)(2) and (c)(3)

of this section.

(5) The Commission will not screen

applications to determine whether

advance consultation has taken place.

However, applicants are advised that

such consultation can avoid objections

from the Federal Communications

Commission or modification of any

authorization which will cause harmful

interference.

§ 101.125 Temporary fixed antenna height

restrictions.

The overall antenna structure heights

employed by mobile stations in the

Local Television Transmission Service

and by stations authorized to operate at

temporary fixed locations may not

exceed the height criteria set forth in

§ 17.7 of this chapter, unless in each

instance, authorization for use of a

specific maximum antenna height

(above ground and above mean sea

level) for each location has been

obtained from the Commission prior to

erection of the antenna. Requests for

such authorization must show the

inclusive dates of the proposed

operation. (Complete information as to

rules concerning the construction,

marking and lighting of antenna

structures is contained in part 17 of this

chapter.)

§ 101.127 Topographical data.

Determining the location and height

above sea level of the antenna site, the

elevation or contour intervals must be

taken from United States Geological

Survey Topographic Quadrangle Maps,

United States Army Corps of Engineers

maps or Tennessee Valley Authority

maps, whichever is the latest, for all

areas for which such maps are available.

If such maps are not published for the

area in question, the next best

topographic information should be

used. Topographic data may sometimes

be obtained from State and municipal

agencies. Data from Sectional

Aeronautical Charts (including bench

marks) or railroad depot elevations and

highway elevations from road maps may

be used where no better information is

available. In cases where limited

topographic data is available, use may

be made of an altimeter in a car driven

along roads extending generally radially

from the transmitter site. If it appears

necessary, additional data may be

requested. United States Geological

Survey Topographic Quadrangle Maps

may be obtained from the Department of

the Interior, Geological Survey,

Washington, DC 20242. Sectional

Aeronautical Charts are available from

the Department of Commerce, Coast and

Geodetic Survey, Washington, DC

20230.

§ 101.129 Transmitter location.

(a) The applicant must determine,

prior to filing an application for a radio

station authorization, that the antenna

site specified therein is adequate to

render the service proposed. In cases of

questionable antenna locations, it is

desirable to conduct propagation tests to

indicate the field intensity which may

be expected in the principal areas or at

the fixed points of communication to be

served, particularly where severe

shadow problems may be expected. In

considering applications proposing the

use of such locations, the Commission

may require site survey tests to be made

pursuant to a developmental

authorization in the particular service

concerned. In such cases, propagation

tests should be conducted in accordance

with recognized engineering methods

and should be made with a transmitting

antenna simulating, as near as possible,

the proposed antenna installation. Full

data obtained from such surveys and its

analysis, including a description of the

methods used and the name, address

and qualifications of the engineer

making the survey, must be supplied to

the Commission.

(b) Antenna structures should be so

located and constructed as to avoid

making them hazardous to air

navigation. (See part 17 of this chapter

for provisions relating to antenna

structures.) Such installation must be

maintained in good structural condition

together with any required painting or

lighting.

§ 101.131 Transmitter construction and

installation.

(a) The equipment at the operating

and transmitting positions must be so

installed and protected that it is not

accessible to, or capable of being

operated by, persons other than those

duly authorized by the licensee.

(b) In any case where the maximum

modulating frequency of a transmitter is

prescribed by the Commission, the

transmitter must be equipped with a

low-pass or band-pass modulation filter
26704 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

of suitable performance characteristics.

In those cases where a modulation

limiter is employed, the modulation

filter must be installed between the

transmitter stage in which limiting is

effected and the modulated stage of the

transmitter.

(c) Each transmitter employed in

these services must be equipped with an

appropriately labeled pilot lamp or

meter which will provide continuous

visual indication at the transmitter

when its control circuits have been

placed in a condition to activate the

transmitter. In addition, facilities must

be provided at each transmitter to

permit the transmitter to be turned on

and off independently of any remote

control circuits associated therewith.

(d) At each transmitter control point

the following facilities must be

installed:

(1) A carrier operated device which

will provide continuous visual

indication when the transmitter is

radiating, or, in lieu thereof, a pilot

lamp or meter which will provide

continuous visual indication when the

transmitter control circuits have been

placed in a condition to activate the

transmitter; and

(2) Facilities which will permit the

operator to turn transmitter carrier on

and off at will.

(e) Transmitter control circuits from

any control point must be so installed

that grounding or shorting any line in

the control circuit will not cause the

transmitter to radiate: provided,

however, That this provision will not be

applicable to control circuits of stations

which normally operate with

continuous radiation or to control

circuits which are under the effective

operational control of responsible

operating personnel 24 hours per day.

§ 101.133 Limitations on use of

transmitters.

(a) Transmitters licensed for operation

in Common Carrier services may be

concurrently licensed or used for noncommon carrier communication

purposes. Mobile units may be

concurrently licensed or used for noncommon carrier communication

purposes provided that the transmitter

is type-accepted for use in each service.

(b) Private operational fixed point-topoint microwave stations authorized in

this service may communicate with

associated operational-fixed stations

and fixed receivers and with units of

associated stations in the mobile service

licensed under Private Radio Service

rule parts. In addition,

intercommunication is permitted with

other licensed stations and with U.S.

Government stations in those cases

which require cooperation or

coordination of activities or when

cooperative use arrangements in

accordance with § 101.135 are

contemplated; provided, however, that

where communication is desired with

stations authorized to operate under the

authority of a foreign jurisdiction, prior

approval of this Commission must be

obtained; And provided further, That

the authority under which such other

stations operate does not prohibit the

intercommunication.

(c) Two or more persons or

governmental entities eligible for private

operational fixed point-to-point

microwave licenses may use the same

transmitting equipment under the

following terms and conditions:

(1) Each licensee complies with the

general operating requirements set out

in this part;

(2) Each licensee is eligible for the

frequency(ies) on which the facility

operates; and

(3) Each licensee must have the ability

to access the transmitter(s) that it is

authorized to operate under the

multiple licensing arrangement.

§ 101.135 Shared use of radio stations and

the offering of private carrier service.

Licensees of Private Operational

Fixed Point-to-Point Microwave radio

stations may share the use of their

facilities on a non-profit basis or may

offer service on a for-profit private

carrier basis, subject to the following

conditions and limitations:

(a) Persons or governmental entities

licensed to operate radio systems on any

of the private radio frequencies set out

in § 101.101 may share such systems

with, or provide private carrier service

to, any eligible for licensing under this

part, regardless of individual eligibility

restrictions, provided that the

communications being carried are

permissible under § 101.603. In

addition, persons or governmental

entities licensed to operate low power

systems under the provisions of

§ 101.147(r)(10) may share such systems

with, or provide private carrier services

to, Federal Government entities,

provided the communications carried

are permissible under § 101.603;

(b) The licensee must maintain access

to and control over all facilities

authorized under its license;

(c) All sharing and private carrier

arrangements must be conducted

pursuant to a written agreement to be

kept as part of the station records; and

(d) The licensee must keep an up-todate list of system sharers and private

carrier subscribers and the basis of their

eligibility under this part. Such records

must be kept current and must be made

available upon request for inspection by

the Commission.

§ 101.137 Interconnection of private

operational fixed point-to-point microwave

stations.

Private operational fixed point-topoint microwave stations may be

interconnected with facilities of

common carriers subject to applicable

tariffs.

§ 101.139 Authorization of transmitters.

(a) Except for transmitters used at

developmental stations or for fixed

point-to-point operation pursuant to

subparts H and I of this part, each

transmitter must be a type which has

been type accepted by the Commission

for use under the applicable rules of this

part. Transmitters used in the private

operational fixed and common carrier

fixed point-to-point microwave services

under subparts H and I of this part must

be of a type that has been either notified

or type accepted by the Commission

(see § 2.904(d) of this chapter). Effective

March 5, 1984, only grants of

notification will be issued for

transmitters used exclusively for fixed

point-to-point operation. Transmitters

designed for use in the 31.0 to 31.3 GHz

band will be authorized under the

notification procedure.

(b) Any manufacturer of a transmitter

to be produced for use under the rules

of this part may request type acceptance

or notification by following the

applicable procedures set forth in part 2

of this chapter. Type accepted and

notified transmitters are included in the

Commission’s Radio Equipment List.

Copies of this list are available for

inspection at the Commission’s office in

Washington, DC and at each of its field

offices.

(c) Type acceptance or notification for

an individual transmitter may also be

requested by an applicant for a station

authorization, pursuant to the

procedures set forth in part 2 of this

chapter. An individual transmitter will

not normally be included in the Radio

Equipment List but will be enumerated

on the station authorization.

(d) A transmitter presently shown on

an instrument of authorization, which

operates on an assigned frequency in the

890–940 MHz band and has not been

type accepted, may continue to be used

by the licensee without type acceptance

provided such transmitter continues

otherwise to comply with the applicable

rules and regulations of the

Commission.

(e) Type acceptance or notification is

not required for portable transmitters

operating with peak output power not

greater than 250 mW. If operation of
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26705

such equipment causes harmful

interference the FCC may, at its

discretion, require the licensee to take

such corrective action as is necessary to

eliminate the interference.

(f) After July 15, 1996, the

manufacture (except for export) or

importation of equipment employing

digital modulation techniques in the

3700–4200, 5925–6425, 6525–6875,

10,550–10,680 and 10,700–11,700 MHz

bands must meet the minimum payload

capacity requirements of § 101.141.

§ 101.141 Microwave modulation.

(a) Microwave transmitters employing

digital modulation techniques and

operating below 19.7 GHz must, with

appropriate multiplex equipment,

comply with the following additional

requirements:

(1) The bit rate, in bits per second,

must be equal to or greater than the

bandwidth specified by the emission

designator in Hertz (e.g., to be

acceptable, equipment transmitting at a

20 Mb/s rate must not require a

bandwidth of greater than 20 MHz),

except the bandwidth used to calculate

the minimum rate may not include any

authorized guard band.

Note to (a)(1): Systems authorized prior to

December 1, 1988, may install equipment

after that date with no minimum bit rate.

(2) Equipment to be used for voice

transmission placed in service,

authorized, or applied for on or before

June 1, 1997 in the 2110 to 2130 and

2160 to 2180 MHz bands must be

capable of satisfactory operation within

the authorized bandwidth to encode at

least 96 voice channels. Equipment

placed in service, authorized, or applied

for on or before June 1, 1997 in the

3700–4200, 5925–6425 (30 MHz

bandwidth), and 10,700–11,700 MHz

(30 and 40 MHz bandwidths) bands

must be capable of satisfactory

operation within the authorized

bandwidth to encode at least 1152 voice

channels. These required loading levels

may be reduced by a factor of 1/N

provided that N transmitters may be

operated satisfactorily, over the same

radio path, within an authorized

bandwidth less than, or equal to, the

maximum authorizable bandwidth (e.g.,

the 1152 channel requirement may be

reduced to 576 if two transmitters can

be satisfactorily operated over the same

path within the maximum bandwidth).

Where type accepted equipment is

designed to operate on the same

frequency in a cross polarized

configuration to meet the above capacity

requirements, the Commission will

require, at the time additional

transmitters are authorized, that both

polarizations of a frequency be used

before a new frequency assignment is

made, unless a single transmitter

installation was found to be justified by

the Commission at the time it

authorized the first transmitter.

(3) The following capacity and

loading requirements must be met for

equipment applied for, authorized, and

placed in service after June 1, 1997 in

the 3700–4200 MHz (4 GHz), 5925–6425

and 6525–6875 MHz (6 GHz), 10,550–

10,680 MHz (10 GHz), and 10,700–

11,700 MHz (11 GHz) bands:

Nominal channel bandwidth (MHz)

Minimum

payload

capacity

(Mbits/s) 1

Minimum

traffic

loading

payload

(as percent of

payload

capacity)

Typical utilization 2

0.400 ......................................................................................................................................................... 1.54 N/A 1 DS–1

0.800 ......................................................................................................................................................... 3.08 N/A 2 DS–1

1.25 ........................................................................................................................................................... 3.08 N/A 2 DS–1

1.60 ........................................................................................................................................................... 6.17 N/A 4 DS–1

2.50 ........................................................................................................................................................... 6.17 N/A 4 DS–1

3.75 ........................................................................................................................................................... 12.3 N/A 8 DS–1

5.0 ............................................................................................................................................................. 18.5 N/A 12 DS–1

10.0 ........................................................................................................................................................... 44.7 3 50 1 DS–3/STS–1

20.0 ........................................................................................................................................................... 89.4 3 50 2 DS–3/STS–1

30.0 (11 GHz) ........................................................................................................................................... 89.4 3 50 2 DS–3/STS–1

30.0 (6 GHz) ............................................................................................................................................. 134.1 3 50 3 DS–3/STS–1

40.0 ........................................................................................................................................................... 134.1 3 50 3 DS–3/STS–1

1Per polarization

2 DS and STS refer to the number of voice circuits a channel can accommodate. 1 DS–1 = 24 voice circuits; 2 DS–1 = 48; 4 DS–1 = 96; 8

DS–1 = 192; 12 DS–1 = 288; 1 DS–3/STS–1 = 672; 2 DS–3/STS–1 = 1344; 3 DS–3/STS–1 = 2016. 3This loading requirement must be met within 30 months of licensing. If two transmitters simultaneously operate on the same frequency over

the same path, the requirement is reduced to 25 percent.

(4) If a transmitter is authorized to

operate in a bandwidth that is not listed

in paragraph (a)(3) of this section, it

must meet the minimum payload

capacity and traffic loading

requirements of the next largest channel

bandwidth listed in the table; e.g., if the

authorized bandwidth is 3.5 MHz, the

minimum payload capacity must be

12.3 Mbits/s.

(5) Transmitters carrying digital

motion video motion material are

exempt from the requirements specified

in paragraphs (a)(2) and (a)(3) of this

section, provided that at least 50 percent

of the payload is digital video motion

material and the minimum bit rate

specified in paragraph (a)(1) of this

section is met. In the 6, 10, and 11 GHz

bands, concatenation of multiple

contiguous channels is permitted for

channels of equal bandwidth on center

frequencies, provided no other channels

are available and the minimum payload

capacity requirements are met.

(6) Digital systems using bandwidths

of 10 MHz or larger will be considered

50 percent loaded when the following

condition is met: at least 50 percent of

their total DS–1 capacity is being used.

A DS–1 channel is being used when it

has been connected to a DS–0/DS–1

multiplexer. For non-DS–0 services,

such as, but not limited to, video or

broadband data transmission, the next

largest DS–1 equivalent will be

considered for the computation of a

loading percentage.

(7) For digital systems, minimum

payload capacities shall be expressed in

numbers of DS–1s, DS–3s or STS–1s.

The payload capacity required by the

Commission shall correspond to

commercially available equipment.
26706 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

(b) For purposes of compliance with

the emission limitation requirements of

§ 101.111(a)(2) and the requirements of

paragraph (a) of this section, digital

modulation techniques are considered

as being employed when digital

modulation occupies 50 percent or more

to the total peak frequency deviation of

a transmitted radio frequency carrier.

The total peak frequency deviation will

be determined by adding the deviation

produced by the digital modulation

signal and the deviation produced by

any frequency division multiplex (FDM)

modulation used. The deviation (D)

produced by the FDM signal must be

determined in accordance with

§ 2.202(f) of this chapter.

(c) Analog Modulation. Except for

video transmission, an application for

an initial working channel for a given

route will not be accepted for filing

where the anticipated loading (within

five years for voice, or other period

subject to reasonable projection) is less

than the minimum specified for the

following frequency bands. Absent

extraordinary circumstances,

applications proposing additional

frequencies over existing routes will not

be granted unless it is shown that the

traffic load will shortly exhaust the

capacity of the existing equipment.

Where no construction of radio facilities

is requested, licensees must submit this

evidence with their filing of any

necessary authority required pursuant to

section 214 of the Communications Act

and part 63 of this chapter.

Frequency band (MHz)

Minimum

number of

voice channels (4 KHz

or equivalent)

3700 to 4200 (20 MHz bandwidth) ..................................... 900

5925 to 6425 (10 MHz bandwidth) ..................................... 300

5925 to 6425 (20 MHz bandwidth) ..................................... 600

5925 to 6425 (30 MHz bandwidth) ..................................... 900

6525 to 6875 (10 MHz bandwidth) ..................................... 300

10,700 to 11,700 (10 MHz

bandwidth) ............................. 300

10,700 to 11,700 (20 MHz

bandwidth) ............................. 600

10,700 to 11,700 (30 MHz

bandwidth) ............................. 900

10,700 to 11,700 (40 MHz

bandwidth) ............................. 900

§ 101.143 Minimum path length

requirements.

(a) The distance between end points

of a fixed link in the private operational

fixed point-to-point and the common

carrier fixed point-to-point microwave

services must equal or exceed the value

set forth in the table below or the EIRP

must be reduced in accordance with the

equation set forth below:

Frequency band (MHz)

Minimum

path length

(km)

Below 1,850 .............................. N/A

1,850 to 7,125 ........................... 17

10,550 to 13,250 ....................... 5

Above 17,700 ............................ N/A

(b) For paths shorter than those

specified in the Table, the EIRP shall

not exceed the value derived from the

following equation:

EIRP = MAX EIRP—40*log(A/B) dBW

Where:

EIRP=Equivalent isotropically radiated

power in dBW.

A=Minimum path length from the Table

for the frequency band in

kilometers.

B=The actual path length in kilometers.

Note to paragraph (b): For transmitters

using Automatic Transmit Power Control,

EIRP that corresponds to the maximum

transmitter power must satisfy this

requirement.

(c) Upon an appropriate technical

showing, applicants and licensees

unable to meet the minimum path

length requirement may be granted an

exception to these requirements.

Note to paragraph (c): Links authorized

prior to April 1, 1987, need not comply with

this requirement.

§ 101.145 Interference to geostationarysatellites.

These limitations are necessary to

minimize the probability of harmful

interference to reception in the bands

2655–2690 MHz, 5925–6875 MHz, and

12.7–12.75 GHz on board geostationaryspace stations in the fixed-satellite

service.

(a) Stations authorized prior to July 1,

1976 in the band 2655–2690 MHz,

which exceed the power levels in

paragraphs (a) and (b) of this section are

permitted to operate indefinitely,

provided that the operations of such

stations does not result in harmful

interference to reception in these band

on board geostationary space stations.

(b) 2655 to 2690 MHz and 5925 to

6875 MHz. No directional transmitting

antenna utilized by a fixed station

operating in these bands may be aimed

within 2 degrees of the geostationarysatellite orbit, taking into account

atmospheric refraction. However,

exception may be made in unusual

circumstances upon a showing that

there is no reasonable alternative to the

transmission path proposed. If there is

no evidence that such exception would

cause possible harmful interference to

an authorized satellite system, said

transmission path may be authorized on

waiver basis where the maximum value

of the equivalent isotropically radiated

power (EIRP) does not exceed:

(1) +47 dBW for any antenna beam

directed within 0.5 degrees of the

stationary satellite orbit; or

(2) +47 to +55 dBW, on a linear

decibel scale (8 dB per degree) for any

antenna beam directed between 0.5

degrees and 1.5 degrees of the stationary

orbit.

(c) 12.7 to 12.75 GHz. No directional

transmitting antenna utilized by a fixed

station operating in this band may be

aimed within 1.5 degrees of the

geostationary-satellite orbit, taking into

account atmospheric refraction.

However, exception may be made in

unusual circumstances upon a showing

that there is no reasonable alternative to

the transmission path proposed. If there

is no evidence that such exception

would cause possible harmful

interference to an authorized satellite

system, said transmission path may be

authorized on waiver basis where the

maximum value of the equivalent

isotropically radiated power (EIRP) does

not exceed +45 dBW for any antenna

beam directed within 1.5 degrees of the

stationary satellite orbit.

(d) Methods for calculating the

azimuths to be avoided may be found

in: CCIR Report No. 393 (Green Books),

New Delhi, 1970; in ‘‘Radio-Relay

Antenna Pointing for controlled

Interference With GeostationarySatellites’’ by C. W. Lundgren and A. S.

May, Bell System Technical Journal,

Vol. 48, No. 10, pp. 3387–3422,

December 1969; and in ‘‘Geostationary

Orbit Avoidance Computer Program’’ by

Richard G. Gould, Common Carrier

Bureau Report CC–7201, FCC,

Washington, DC, 1972. This latter report

is available through the National

Technical Information Service, U.S.

Department of Commerce, Springfield,

VA 22151, in printed form (PB–211 500)

or source card deck (PB–211 501).

§ 101.147 Frequency assignments.

(a) Frequencies in the following bands

are available for assignment to fixed

radio point-to-point microwave stations.

928.0–929.0 MHz (22)

932.0–932.5 MHz (27)

932.5–935 MHz (17)

941.0–941.5 MHz (17) (18)

941.5–944 MHz (27)

952.0–960.0 MHz (22)

1,850–1,990 MHz (22)

2,110–2,130 MHz) (1) (3) (7) (20)

2,130–2,150 MHz (22)
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26707

2,150–2,160 MHz (22)

2,160–2,180 MHz (1) (2) (20) (21)

2,180–2,200 MHz (22)

2,450–2,500 MHz (22)

2,650–2,690 MHz (22)

3,700–4,200 MHz (8) (14) (25)

5,925–6,425 MHz (6) (14) (25)

6,425–6,525 MHz (24)

6,525–6,875 MHz (14)

10,550–10,680 MHz (19)

10,700–11,700 MHz (8) (9) (19) (25)

11,700–12,200 MHz (24)

12,200–12,500 MHz (22)

12,500–12,700 MHz (22)

12,700–13,200 MHz (22)

13,200–13,250 MHz (4) (24) (25)

14,200–14,400 MHz (24)

17,700–18,820 MHz (5) (10) (15)

18,820–18,920 MHz (22)

18,920–19,160 MHz (5 (10) (15)

19,160–19,260 MHz (22)

19,260–19,700 MHz (5) (10) (15)

21,200–22,000 MHz (4) (11) (12) (13) (24) (25)

(26)

22,000–23,600 MHz (4) (11) (12) (24) (25) (26)

27,500–29,500 MHz (5)

31,000–31,300 MHz (16) (24)

38,600–40,000 MHz (4)

Bands Above 40,000 MHz

Notes

(1) Frequencies in this band are shared

with control and repeater stations in the

Domestic Public Land Mobile Radio Service

and with stations in the International Fixed

Public Radiocommunication Services located

south of 25° 30′ north latitude in the State of

Florida and U. S. possessions in the

Caribbean area. Additionally, the band 2160–

2162 MHz is shared with stations in the

Multipoint Distribution Service.

(2) Except upon showing that no

alternative frequencies are available, no new

assignments will be made in the band 2160–

2162 MHz for stations located within 80.5

kilometers (50 miles) of the coordinates of

the cities listed in §) 21.901(c) of this

chapter.

(3) Television transmission in this band is

not authorized and radio frequency channel

widths may not exceed 3.5 MHz.

(4) Frequencies in this band are shared

with fixed and mobile stations licensed in

other services.

(5) Frequencies in this band are shared

with stations in the fixed-satellite service.

(6) These frequencies are not available for

assignment to mobile earth stations.

(7) Frequencies in the band 2110–2120

MHz may be authorized on a case-by-case

basis to Government or non-Government

space research earth stations for

telecommand purposes in connection with

deep space research.

(8) This frequency band is shared with

station(s) in the Local Television

Transmission Service and, in the U.S.

Possessions in the Caribbean area, with

stations in the International Fixed Public

Radiocommunications Services.

(9) The band segments 10.95–11.2 and

11.45–11.7 GHz are shared with space

stations (space to earth) in the fixed-satellite

service.

(10) This band is co-equally shared with

stations in the fixed services under parts 74,

78 and 101 of this chapter.

(11) Frequencies in this band are shared

with Government stations.

(12) Assignments to common carriers in

this band are normally made in the segments

21.2–21.8 GHz and 22.4–23.8 GHz and to

operational fixed users in the segments 21.8–

22.4 GHz and 23.0–23.6 GHz. Assignments

may be made otherwise only upon a showing

that no interference free frequencies are

available in the appropriate band segments.

(13) Frequencies in this band are shared

with stations in the earth exploration satellite

service (space to earth).

(14) Frequencies in this band are shared

with stations in the fixed-satellite and private

operational fixed point-to-point microwave

services.

(15) Stations licensed as of September 9,

1983 to use frequencies in the 17.7–19.7 GHz

band may, upon proper application, continue

to be authorized for such operation.

(16) Frequencies in this band are coequally shared with stations in the Auxiliary

Broadcasting, Cable Television Relay, Private

Operational Fixed Point-to-Point Microwave,

and General Mobile Radio Services. Use of

this spectrum for direct delivery of video

programs to the general public or multichannel cable distribution is not permitted.

(17) Frequencies in these bands are shared

with Government fixed stations and stations

in the Private Operational Fixed Point-toPoint Microwave Service (part 101).

(18) Frequencies in the 942 to 944 MHz

band are also shared with broadcast auxiliary

stations.

(19) Frequencies in this band are shared

with stations in the private-operational fixed

point-to-point microwave service.

(20) New facilities in these bands will be

licensed only on a secondary basis. Facilities

licensed or applied before January 16, 1992,

are permitted to make modifications and

minor extensions and retain their primary

status.

(21) Any authorization of additional

stations to use the 2160–2162 MHz band for

Multipoint Distribution Service applied for

after January 16, 1992, will be secondary to

use of the band for emerging technology

services.

(22) Frequencies in these bands are for the

exclusive use of Private Operational Fixed

Point-to-Point Microwave Service (part 101).

(23) Frequencies in these bands are for the

exclusive use of Common Carrier Fixed

Point-to-Point Microwave Service (part 101).

(24) Frequencies in these bands are

available for assignment to television pickup

and television non-broadcast pickup stations.

The maximum power for the local television

transmission service in the 14.2–14.4 GHz

band is +45 dBW except that operations are

not permitted within 1.5 degrees of the

geostationary orbit.

(25) Frequencies in these bands are

available for assignment to television STL

stations.

(26) Frequency pairs 21.825/23.025 GHz,

21.875/23.075 GHz, 21.925/23.125 GHz, and

21.975/23.175 GHz may be authorized for

low power, limited coverage, systems subject

to the provisions of paragraph (s) of this

section.

(27) Frequencies in the 932 to 932.5 MHz

and 941 to 941.5 MHz bands are shared with

Government fixed point-to-multipoint

stations and point-to-multipoint stations in

the Public Land Mobile Service. Frequencies

in these bands are paired with one another

and are available for point-to-multipoint

transmission of the licensee’s products and

information services, excluding video

entertainment material, to the licensee’s

customers.

(b) Frequencies normally available for

assignment in this service are set forth

with applicable limitations in the

following tables: 928–960 MHz Multiple

address system (MAS) frequencies are

available for the point-to-multipoint

transmission of a licensee’s products or

services, excluding video entertainment

material, to a licensee’s customer or for

its own internal communications. The

paired frequencies listed in this section

are used for two-way interrogate/

response communications between a

master station and remote stations. Each

master station operating on these

frequencies is required to serve a

minimum of four separate active remote

stations. Ancillary one-way

communications on paired frequencies

are permitted on a case-by-case basis.

Ancillary communications between

interrelated master stations are

permitted on a secondary basis. The

normal channel bandwidth assigned

will be 12.5 kHz. Upon adequate

justification, however, channels with

bandwidths up to 50 kHz may be

authorized. Tables 2, 4, and 6 list

frequencies with 25 kHz bandwidth

channels. When licensed for a larger

bandwidth, the system still is required

to use equipment that meets the

±0.00015 percent tolerance requirement.

(See § 101.107). Any bandwidth (12.5

kHz, 25 kHz or greater) authorized in

accordance with this section may be

subdivided into narrower bandwidths to

create additional (or sub) frequencies

without the need to specify each

discrete frequency within the specific

bandwidth. Equipment that is used to

create additional frequencies by

narrowing bandwidth (whether

authorized for a 12.5 kHz, 25 kHz or

greater bandwidth) will be required to

meet, at a minimum, the ±0.00015

percent tolerance requirement so that all

subfrequencies will be within the

emission mask. When using

subfrequencies, licensees are subject to

the construction requirement of one

master and four remotes per authorized

bandwidth (12.5 kHz, 25 kHz or greater.

Systems licensed for frequencies in

these MAS bands prior to August 1,

1975, may continue to operate as

authorized until June 11, 1996, at which

time they must comply with current

MAS operations based on the 12.5 KHz

channelization set forth in this
26708 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

paragraph. Systems licensed between

August 1, 1975, and January 1, 1981,

inclusive, are required to comply with

the grandfathered 25 kHz standard

bandwidth and channelization

requirements set forth in this paragraph.

Systems originally licensed after

January 1, 1981, and on or before May

11, 1988, with bandwidths of 25 kHz

and above, will be grandfathered

indefinitely. (1) General Access Pool:

Frequencies listed in this paragraph are

available to all persons eligible under

this part for use in multiple address

radio systems. Except as noted,

however, the frequencies may be used

by eligibles in the Power Radio Service

only if the frequencies in paragraph (b)

(2) of this section are exhausted in the

particular geographic area. The

frequencies are also available for shared

use by part 22 Public Land Mobile

Service users if frequencies listed in

§ 22.50(g) of this chapter are exhausted

in the particular geographic area.

Applications for use of these

frequencies under part 22 of this chapter

are subject to part 101 requirements.

TABLE 1.—PAIRED FREQUENCIES

(MHZ)

[12.5 kHz bandwidth]

Remote transmit Master

transmit

928.00625 ................................. 952.00625

928.01875 ................................. 952.01875

928.03125 ................................. 952.03125

928.04375 ................................. 952.04375

928.05625 ................................. 952.05625

928.06875 ................................. 952.06875

928.08125 ................................. 952.08125

928.09375 ................................. 952.09375

928.10625 ................................. 952.10625

928.11875 ................................. 952.11875

928.13125 ................................. 952.13125

928.14375 ................................. 952.14375

928.15625 ................................. 952.15625

928.16875 ................................. 952.16875

928.18125 ................................. 952.18125

928.19375 ................................. 952.19375

928.20625 ................................. 952.20625

928.21875 ................................. 952.21875

928.23125 ................................. 952.23125

928.24375 ................................. 952.24375

928.25625 ................................. 952.25625

928.26875 ................................. 952.26875

928.28125 ................................. 952.28125

928.29375 ................................. 952.29375

928.30625 ................................. 952.30625

928.31875 ................................. 952.31875

928.33125 ................................. 952.33125

928.34375 ................................. 952.34375

UNPAIRED FREQUENCIES (MHZ) 1

[12.5 kHz bandwidth]

956.25625 956.33125 956.39375

956.26875 956.34375 956.40625

956.28125 956.35625 956.41875

UNPAIRED FREQUENCIES (MHZ) 1—

Continued

[12.5 kHz bandwidth]

956.29375 956.36875 956.43125

956.30625 956.38125 956.44375

956.31875

1Available to power eligibles regardless of

whether frequencies in the power pool are exhausted.

TABLE 2.—PAIRED FREQUENCIES

(MHZ)

[25 kHz bandwidth]

Remote transmit Master

transmit

928.0125 ................................... 952.0125

928.0375 ................................... 952.0375

928.0625 ................................... 952.0625

928.0875 ................................... 952.0875

928.1125 ................................... 952.1125

928.1375 ................................... 952.1375

928.1625 ................................... 952.1625

928.1875 ................................... 952.1875

928.2125 ................................... 952.2125

928.2375 ................................... 952.2375

928.2625 ................................... 952.2625

928.2875 ................................... 952.2875

928.3125 ................................... 952.3125

928.3375 ................................... 952.3375

UNPAIRED FREQUENCIES (MHZ) 1

[25 kHz bandwidth]

956.2625 956.3375 956.4125

956.2875 956.3625 956.4375

956.3125 956.3875

1Available to power eligibles regardless of

whether frequencies in the power pool are exhausted.

(2) Power Pool: Frequencies listed in

this paragraph are available to persons

eligible under § 90.63 of this chapter for

licensing in the Power Radio Service for

use in multiple address radio systems.

After January 1, 1992, the frequencies

are also available for use by general

access pool users and part 22 Public

Land Mobile Service users (§ 22.501(g)

of this chapter) provided frequencies

listed in their respective pools are

exhausted in the particular geographic

area. Applications for use of these

frequencies under part 22 of this chapter

are subject to part 101 requirements.

TABLE 3.—PAIRED FREQUENCIES

(MHZ)

[12.5 kHz bandwidth]

Remote transmit Master

transmit

928.35625 ................................. 952.35625

928.36875 ................................. 952.36872

928.38125 ................................. 952.38125

928.39375 ................................. 952.39375

TABLE 3.—PAIRED FREQUENCIES

(MHZ)—Continued

[12.5 kHz bandwidth]

Remote transmit Master

transmit

928.40625 ................................. 952.40625

928.41875 ................................. 952.41875

928.43125 ................................. 952.43125

928.44375 ................................. 952.44375

928.45625 ................................. 952.45625

928.46875 ................................. 952.46875

928.48125 ................................. 952.48125

928.49375 ................................. 952.49375

928.50625 ................................. 952.50625

928.51875 ................................. 952.51875

928.53125 ................................. 952.53125

928.54375 ................................. 952.54375

928.55625 ................................. 952.55625

928.56875 ................................. 952.56875

928.58125 ................................. 952.58125

928.59375 ................................. 952.59375

928.60625 ................................. 952.60625

928.61875 ................................. 952.61875

928.63125 ................................. 952.63125

928.64375 ................................. 952.64375

928.65625 ................................. 952.65625

928.66875 ................................. 952.66875

928.68125 ................................. 952.68125

928.69375 ................................. 952.69375

928.70625 ................................. 952.70625

928.71875 ................................. 952.71875

928.73125 ................................. 952.73125

928.74375 ................................. 952.74375

928.75675 ................................. 952.75625

928.76875 ................................. 952.76875

928.78125 ................................. 952.78125

928.79375 ................................. 952.79375

928.80625 ................................. 952.80625

928.81875 ................................. 952.81875

928.83125 ................................. 952.83125

928.84375 ................................. 952.84375

TABLE 4.—PAIRED FREQUENCIES

(MHZ)

[25 kHz bandwidth]

Remote transmit Master

transmit

928.3625 ................................... 952.3625

928.3875 ................................... 952.3875

928.4125 ................................... 952.4125

928.4375 ................................... 952.4375

928.4625 ................................... 952.4625

928.4875 ................................... 952.4875

928.5125 ................................... 952.5125

928.5375 ................................... 952.5375

928.5625 ................................... 952.5625

928.5875 ................................... 952.5875

928.6125 ................................... 952.6125

928.6375 ................................... 952.6375

928.6625 ................................... 952.6625

928.6875 ................................... 952.6875

928.7125 ................................... 952.7125

928.7375 ................................... 952.7375

928.7625 ................................... 952.7625

928.7875 ................................... 952.7875

928.8125 ................................... 952.8125

928.8375 ................................... 952.8375

(3) Frequencies listed in this

paragraph are available for shared use
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26709

by general access pool users for multiple

address operations if frequencies listed

in paragraph (b)(1) of this section are

exhausted in the particular geographic

area: The frequencies are also available

to eligibles in the power pool provided

there are no other frequencies available

for the type of operation contemplated.

The frequencies in this pool may be

assigned for paired or unpaired

operation. If paired, the corresponding

lower frequency is for remote unit use.

Applications for these frequencies are

subject to the conditions outlined in

§ 22.27 of this chapter.

TABLE 5.—PUBLIC MOBILE SERVICE

CATEGORY FREQUENCIES (MHZ)

[12.5 kHz bandwidth]

Remote transmit Master

transmit

928.85625 ................................. 959.85625

928.86875 ................................. 959.86875

928.88125 ................................. 959.88125

928.89375 ................................. 959.89375

928.90625 ................................. 959.90625

928.91875 ................................. 959.91875

928.93125 ................................. 959.93125

928.94375 ................................. 959.94375

928.95625 ................................. 959.95625

928.96875 ................................. 959.96875

928.98125 ................................. 959.98125

928.99375 ................................. 959.99375

TABLE 6.—PUBLIC MOBILE SERVICE

CATEGORY FREQUENCIES (MHZ)

[25 kHz bandwidth]

Remote transmit Master

transmit

928.8625 ................................... 959.8625

928.8875 ................................... 959.8875

928.9125 ................................... 959.9125

928.9375 ................................... 959.9375

928.9625 ................................... 959.9625

928.9875 ................................... 959.9875

(4) Frequencies listed in this

paragraph are shared with stations in

the Public Land Mobile Service, part 22

of this chapter.

TABLE 7.—PAIRED FREQUENCIES

[12.5 kHz bandwidth]

Remote transmit Master

transmit

932.00625 ................................. 941.00625

932.01875 ................................. 941.01875

932.03125 ................................. 941.03125

932.04375 ................................. 941.04375

932.05625 ................................. 941.05625

TABLE 7.—PAIRED FREQUENCIES—

Continued

[12.5 kHz bandwidth]

Remote transmit Master

transmit

932.06875 ................................. 941.06875

932.08125 ................................. 941.08125

932.09375 ................................. 941.09375

932.10625 ................................. 941.10625

932.11875 ................................. 941.11875

932.13125 ................................. 941.13125

932.14375 ................................. 941.14375

932.15625 ................................. 941.15625

932.16875 ................................. 941.16875

932.18125 ................................. 941.18125

932.19375 ................................. 941.19375

932.20625 ................................. 941.20625

932.21875 ................................. 941.21875

932.23125 ................................. 941.23125

932.24375 ................................. 941.24375

932.25625 ................................. 941.25625

932.26875 ................................. 941.26875

932.28125 ................................. 941.28125

932.29375 ................................. 941.29375

932.30625 ................................. 941.30625

932.31875 ................................. 941.31875

932.33125 ................................. 941.33125

932.34375 ................................. 941.34375

932.35625 ................................. 941.35625

932.36875 ................................. 941.36875

932.38125 ................................. 941.38125

932.39375 ................................. 941.39375

932.40625 ................................. 941.40625

932.41875 ................................. 941.41875

932.43125 ................................. 941.43125

932.44375 ................................. 941.44375

932.45625 ................................. 941.45625

932.46875 ................................. 941.46875

932.48125 ................................. 941.48125

932.49375 ................................. 941.49375

(5) Equivalent power and antenna

heights for multiple address master

stations:

Antenna height (AAT) in

meters

Maximum effective radiated

power

Watts dBm

Above 305 ..................... 200 53

Above 274 to 305 ......... 250 54

Above 244 to 274 ......... 315 55

Above 213 to 244 ......... 400 56

Above 182 to 213 ......... 500 57

Above 152.5 to 182 ...... 630 58

152.5 and below ........... 1,000 60

For mobile operations the maximum

ERP is 25 watts (44 dBm).

(6) Fixed point-to-point frequencies.

TABLE 8.—PAIRED FREQUENCIES

[All frequencies may be used by Common

Carrier Fixed Point-to-Point and Private

Operational Fixed Point-to-Point Microwave

Service licensees; 25 kHz bandwidth]

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

932.5125 ................................... 941.5125

932.5375 ................................... 941.5375

932.5625 ................................... 941.5625

932.5875 ................................... 941.5875

932.6125 ................................... 941.6125

932.6375 ................................... 941.6375

932.6625 ................................... 941.6625

934.8375 ................................... 943.8375

934.8625 ................................... 943.8625

934.8875 ................................... 943.8875

934.9125 ................................... 943.9125

934.9375 ................................... 943.9375

934.9625 ................................... 943.9625

934.9875 ................................... 943.9875

TABLE 9.—PAIRED FREQUENCIES

[Frequencies may be used only by Private

Operational Fixed Point-to-Point Microwave

Service licensees, unless otherwise noted;

50 kHz bandwidth]

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

932.70 1 ..................................... 1 941.70

932.75 1 ..................................... 1 941.75

934.80 1 ..................................... 1 943.80

956.65 ....................................... 953.05

956.75 ....................................... 953.15

956.85 ....................................... 953.25

956.95 ....................................... 953.35

957.05 ....................................... 953.45

957.25 ....................................... 953.65

957.35 ....................................... 953.75

957.45 ....................................... 953.85

957.65 ....................................... 954.05

957.75 ....................................... 954.15

957.85 ....................................... 954.25

958.05 ....................................... 954.45

958.15 ....................................... 954.55

958.25 ....................................... 954.65

958.45 ....................................... 954.85

958.55 ....................................... 954.95

958.65 ....................................... 955.05

958.85 ....................................... 955.25

958.95 ....................................... 955.35

959.05 ....................................... 955.45

959.25 ....................................... 955.65

959.35 ....................................... 955.75

959.45 ....................................... 955.85

959.55 ....................................... 955.95

959.65 ....................................... 956.05

1These frequencies also may be used by

Common Carrier Fixed Point-to-Point Microwave licensees.
26710 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

TABLE 10.—PAIRED FREQUENCIES

[Frequencies may be used only by Private

Operational Fixed Point-to-Point Microwave

licensees, unless otherwise noted; 100 kHz

bandwidth]

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

932.8250 1 ............................... 1 941.8250

932.9250 1 ............................... 1 941.9250

933.0250 1 ............................... 1 942.0250

934.5250 1 ............................... 1 943.5250

934.6250 1 ............................... 1 943.6250

934.7250 1 ............................... 1 943.7250

956.6 ....................................... 953.0

956.7 ....................................... 953.1

956.8 ....................................... 953.2

956.9 ....................................... 953.3

957.0 ....................................... 953.4

957.1 ....................................... 953.5

957.2 ....................................... 953.6

957.3 ....................................... 953.7

957.4 ....................................... 953.8

957.5 ....................................... 953.9

957.6 ....................................... 954.0

957.7 ....................................... 954.1

957.8 ....................................... 954.2

957.9 ....................................... 954.3

958.0 ....................................... 954.4

958.1 ....................................... 954.5

958.2 ....................................... 954.6

958.3 ....................................... 954.7

958.4 ....................................... 954.8

958.5 ....................................... 954.9

958.6 ....................................... 955.0

958.7 ....................................... 955.1

958.8 ....................................... 955.2

958.9 ....................................... 955.3

959.0 ....................................... 955.4

959.1 ....................................... 955.5

959.2 ....................................... 955.6

959.3 ....................................... 955.7

959.4 ....................................... 955.8

959.5 ....................................... 955.9

959.6 ....................................... 956.0

959.7 ....................................... 956.1

1These frequencies also may be used by

Common Carrier Fixed Point-to-Point Microwave licensees.

TABLE 11.—PAIRED FREQUENCIES

[Frequencies may be used only by Private

Operational Fixed Point-to-Point Microwave

licensees, unless otherwise noted; 200 kHz

bandwidth]

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

933.1750 1 ............................... 1 942.1750

933.3750 1 ............................... 1 942.3750

933.5750 1 ............................... 1 942.5750

933.7750 1 ............................... 1 942.7750

933.9750 1 ............................... 1 942.9750

933.1750 1 ............................... 1 943.1750

933.3750 1 ............................... 1 943.3750

957.15 ..................................... 953.55

957.55 ..................................... 953.95

957.95 ..................................... 954.35

958.35 ..................................... 954.75

958.75 ..................................... 955.15

TABLE 11.—PAIRED FREQUENCIES—

Continued

[Frequencies may be used only by Private

Operational Fixed Point-to-Point Microwave

licensees, unless otherwise noted; 200 kHz

bandwidth]

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

959.15 ..................................... 955.55

1These frequencies also may be used by

Common Carrier Fixed Point-to-Point Microwave licensees.

(c) 1850–1990 MHz.

(1) 10 MHz maximum bandwidth.

PAIRED FREQUENCIES

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

1855 .......................................... 1935

1865 .......................................... 1945

1875 .......................................... 1955

1885 .......................................... 1965

1895 .......................................... 1975

1905 .......................................... 1985

UNPAIRED FREQUENCIES

1915 1

1925 1

1Available for systems employing one-way

transmission.

(2) 5 MHz maximum bandwidth.

PAIRED FREQUENCIES

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

1860 .......................................... 1940

1870 .......................................... 1950

1880 .......................................... 1960

1890 .......................................... 1970

1900 .......................................... 1980

(d) 2130–2150 MHz; 2180–2200 MHz;

800 kHz maximum bandwidth, unless

noted.

PAIRED FREQUENCIES

2130–2150 2180–2200

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

2130.8 ....................................... 2180.8

2131.6 ....................................... 1 2181.6

2132.4 ....................................... 2182.4

2133.2 ....................................... 1 2183.2

2134.0 ....................................... 2184.0

2134.8 ....................................... 1 2184.8

2135.6 ....................................... 2185.6

2136.4 ....................................... 1 2186.4

2137.2 ....................................... 2187.2

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

2138.0 ....................................... 1 2188.0

2139.6 ....................................... 1 2189.6

2138.8 ....................................... 2188.8

2140.4 ....................................... 2190.4

2141.2 ....................................... 1 2191.2

2142.0 ....................................... 2192.0

2142.8 ....................................... 1 2192.8

2143.6 ....................................... 2193.6

2144.4 ....................................... 1 2194.4

2145.2 ....................................... 2195.2

2146.0 ....................................... 1 2196.0

2146.8 ....................................... 2196.8

2147.6 ....................................... 1 2197.6

2148.4 ....................................... 2198.4

2149.2 ....................................... 2199.2

1 Consideration will be given on a case-bycase basis to assigning these frequency pairs

to systems employing 1600 KHz bandwidth

transmissions.

(e) 2150–2160 MHz: Specific

frequency of operation to be set forth in

authorization. Omnidirectional

transmission only may be authorized,

subject to providing protection from

harmful interference to previously

authorized stations in this service and

in other services sharing this band.

(f) 2450–2500 MHz:

(1) This band is shared with other

communications services and is not

subject to protection from interference

from industrial, scientific, and medical

devices operating on 2450 MHz.

(2) Stations licensed in this band

under this part prior to March 1, 1996,

are grandfathered and may continue

their authorized operations. Stations

licensed in the 2483.5–2500 MHz

portion of the band as of July 25, 1985,

or on a subsequent date as a result of

submitting an application on or before

July 25, 1985, are grandfathered, and

may continue operations, subject only to

license renewal, on a co-primary basis

with the Radiodetermination Satellite

Service.

(3) 625 KHz bandwidth channels. The

normal bandwidth authorized will be

625 KHz. Upon adequate justification,

additional contiguous channels may be

authorized to provide up to a 2500 KHz

bandwidth.

PAIRED FREQUENCIES

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

2450.3125 ................................. 2467.5625

2450.9375 ................................. 2468.1875

2451.5625 ................................. 2468.8125

2452.1875 ................................. 2469.4375

2452.8125 ................................. 2470.0625

2453.4375 ................................. 2470.6875

2454.0625 ................................. 2471.3125

2454.6875 ................................. 2471.9375

2455.3125 ................................. 2472.5625
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26711

PAIRED FREQUENCIES—Continued

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

2455.9375 ................................. 2473.1875

2456.5625 ................................. 2473.8125

2457.1875 ................................. 2474.4375

2457.8125 ................................. 2475.0625

2458.4375 ................................. 2475.6875

2459.0625 ................................. 2476.3125

2459.6875 ................................. 2476.9375

2460.3125 ................................. 2477.5625

2460.9375 ................................. 2478.1875

2461.5625 ................................. 2478.8125

2462.1875 ................................. 2479.4375

2462.8125 ................................. 2480.0625

2463.4375 ................................. 2480.6875

2464.0625 ................................. 2481.3125

2464.6875 ................................. 2481.9375

2465.3125 ................................. 2482.5625

2465.9375 ................................. 2483.1875

(g) 2500–2690 MHz: Operational-fixed

stations may be authorized on the

following frequencies:

FREQUENCIES (MHZ)

2686.9375

2687.9375

2688.5625

2688.6875

2688.9375

2689.5625

2689.6875

Note to (g): Operational-Fixed stations

authorized in this band as of July 16, 1971,

which do not comply with the provisions of

this part may continue to operate on the

frequencies assigned on a coequal basis with

other stations operating in accordance with

the Table of Frequency allocations. Requests

for subsequent license renewals or

modifications for such stations will be

considered. However, expansion of systems

comprised of such stations will not be

permitted, except pursuant to the provisions

of this part. No new licenses will be issued

under this part until specific operating

parameters are established for this band.

(h) 3,700 to 4,200 MHz: 20 MHz

maximum authorized bandwidth.

20 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

3710 .......................................... 3750

3730 .......................................... 3770

3790 .......................................... 3830

3810 .......................................... 3850

3870 .......................................... 3910

3890 .......................................... 3930

3950 .......................................... 3990

3970 .......................................... 4010

4030 .......................................... 4070

4050 .......................................... 4090

4110 .......................................... 4150

4130 .......................................... 4170

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

N/A ............................................ 1 4190

1This frequency may be assigned for unpaired use.

(i) 5,925 to 6,425 MHz: 30 MHz

authorized bandwidth.

(1) 400 kHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

5925.225 ................................... 6177.100

5925.625 ................................... 6177.500

5926.050 ................................... 6177.925

5926.450 ................................... 6178.325

5926.875 ................................... 6178.750

5927.275 ................................... 6179.150

5927.725 ................................... 6179.600

5928.125 ................................... 6180.000

5928.550 ................................... 6180.425

5928.950 ................................... 6180.825

5929.375 ................................... 6181.250

5929.775 ................................... 6181.650

6168.350 ................................... 6420.225

6168.750 ................................... 6420.625

6169.175 ................................... 6421.050

6169.575 ................................... 6421.450

6170.000 ................................... 6421.875

6170.400 ................................... 6422.275

6170.850 ................................... 6422.725

6171.250 ................................... 6423.125

6171.675 ................................... 6423.550

6172.075 ................................... 6423.950

6172.500 ................................... 6424.375

6172.900 ................................... 6424.775

(2) 800 kHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

5925.425 ................................... 6177.300

5926.250 ................................... 6178.125

5927.075 ................................... 6178.950

5927.925 ................................... 6179.800

5928.750 ................................... 6180.625

5929.575 ................................... 6181.450

6168.550 ................................... 6420.425

6169.375 ................................... 6421.250

6170.200 ................................... 6422.075

6171.050 ................................... 6422.925

6171.875 ................................... 6423.750

6172.700 ................................... 6424.575

(3) 1.25 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

5925.625 ................................... 6177.500

5926.875 ................................... 6178.750

5928.125 ................................... 6180.000

5929.375 ................................... 6181.250

6108.893 ................................... 6360.933

6110.128 ................................... 6362.168

6111.364 ................................... 6363.404

6112.599 ................................... 6364.639

6113.834 ................................... 6365.874

6115.070 ................................... 6367.110

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6116.305 ................................... 6368.345

6117.541 ................................... 6369.581

6118.776 ................................... 6370.816

6120.011 ................................... 6372.051

6121.247 ................................... 6373.287

6122.482 ................................... 6374.522

6123.718 ................................... 6375.758

6124.953 ................................... 6376.993

6126.189 ................................... 6378.229

6127.424 ................................... 6379.464

6128.659 ................................... 6380.699

6129.895 ................................... 6381.935

6131.130 ................................... 6383.170

6132.366 ................................... 6384.406

6133.601 ................................... 6385.641

6134.836 ................................... 6386.876

6136.072 ................................... 6388.112

6137.307 ................................... 6389.347

6138.543 ................................... 6390.583

6139.778 ................................... 6391.818

6141.014 ................................... 6393.054

6142.249 ................................... 6394.289

6143.484 ................................... 6395.524

6144.720 ................................... 6396.760

6145.955 ................................... 6397.995

6147.191 ................................... 6399.231

6148.426 ................................... 6400.466

6149.661 ................................... 6401.701

6150.897 ................................... 6402.937

6152.132 ................................... 6404.172

6153.368 ................................... 6405.408

6154.603 ................................... 6406.643

6155.839 ................................... 6407.879

6157.074 ................................... 6409.114

6158.309 ................................... 6410.349

6159.545 ................................... 6411.585

6160.780 ................................... 6412.820

6162.016 ................................... 6414.056

6163.251 ................................... 6415.291

6164.486 ................................... 6416.526

6165.722 ................................... 6417.762

6166.957 ................................... 6418.997

6168.750 ................................... 6420.625

6170.000 ................................... 6421.875

6171.250 ................................... 6423.125

6172.500 ................................... 6424.375

6173.750 1 ................................. N/A

6175.000 1 ................................. N/A

6176.250 1 ................................. N/A

1These frequencies may be assigned for

unpaired use.

(4) 2.5 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

5926.250 ................................... 6178.125

5928.750 ................................... 6180.625

6109.510 ................................... 6361.550

6111.981 ................................... 6364.021

6114.452 ................................... 6366.492

6116.923 ................................... 6368.963

6119.394 ................................... 6371.434

6121.865 ................................... 6373.905

6124.335 ................................... 6376.375

6126.806 ................................... 6378.846

6129.277 ................................... 6381.317

6131.748 ................................... 6383.788

6134.219 ................................... 6386.259

6136.690 ................................... 6388.730
26712 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6139.160 ................................... 6391.200

6141.631 ................................... 6393.671

6144.102 ................................... 6396.142

6146.573 ................................... 6398.613

6149.044 ................................... 6401.084

6151.515 ................................... 6403.555

6153.985 ................................... 6406.025

6156.456 ................................... 6408.496

6158.927 ................................... 6410.967

6161.398 ................................... 6413.438

6163.869 ................................... 6415.909

6166.340 ................................... 6418.380

6169.375 ................................... 6421.250

6171.875 ................................... 6423.750

6175.625 1 ................................. N/A

1This frequency may be assigned for unpaired use.

(5) 3.75 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6111.364 ................................... 6363.404

6116.305 ................................... 6368.345

6121.247 ................................... 6373.287

6126.189 ................................... 6378.229

6131.130 ................................... 6383.170

6136.072 ................................... 6388.112

6141.014 ................................... 6393.054

6145.955 ................................... 6397.995

6150.897 ................................... 6402.937

6155.839 ................................... 6407.879

6160.780 ................................... 6412.820

6165.722 ................................... 6417.762

6175.000 1 ................................. N/A

1This frequency may be assigned for unpaired use.

(6) 5 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6110.75 ..................................... 6362.79

6115.69 ..................................... 6367.73

6120.63 ..................................... 6372.67

6125.57 ..................................... 6377.61

6130.51 ..................................... 6382.55

6135.45 ..................................... 6387.49

6140.40 ..................................... 6392.44

6145.34 ..................................... 6397.38

6150.28 ..................................... 6402.32

6155.22 ..................................... 6407.26

6160.16 ..................................... 6412.20

6165.10 ..................................... 6417.14

(7) 10 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

5935.32 ..................................... 6187.36

5945.20 ..................................... 6197.24

5955.08 ..................................... 6207.12

5964.97 ..................................... 6217.01

5974.85 ..................................... 6226.89

5984.73 ..................................... 6236.77

5994.62 ..................................... 6246.66

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6004.50 ..................................... 6256.54

6014.38 ..................................... 6266.42

6024.27 ..................................... 6276.31

6034.15 ..................................... 6286.19

6044.03 ..................................... 6296.07

6053.92 ..................................... 6305.96

6063.80 ..................................... 6315.84

6073.68 ..................................... 6325.72

6083.57 ..................................... 6335.61

6093.45 ..................................... 6345.49

6103.33 ..................................... 6355.37

6113.22 1 ................................... 1 6365.26

6123.10 1 ................................... 1 6375.14

6132.98 1 ................................... 1 6385.02

6142.87 1 ................................... 1 6394.91

6152.75 1 ................................... 1 6404.79

6162.63 1 ................................... 1 6414.67

1Alternate channels. These channels are

set aside for narrow bandwidth systems and

should be used only if all other channels are

blocked.

(8) 30 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

5945.20 ..................................... 6197.24

5974.85 ..................................... 6226.89

6004.50 ..................................... 6256.54

6034.15 ..................................... 6286.19

6063.80 ..................................... 6315.84

6093.45 ..................................... 6345.49

6123.10 1 ................................... 1 6375.14

6152.75 1 ................................... 1 6404.79

1Alternate channels. These channels are

set aside for narrow bandwidth systems and

should be used only if all other channels are

blocked.

(j) 6,425 to 6,525 MHz: Mobile. Paired

and un-paired operations permitted. Use

of this spectrum for direct delivery of

video programs to the general public or

multi-channel cable distribution is not

permitted. This band is co-equally

shared with mobile stations licensed

pursuant to parts 21, 74, and 78 of this

chapter. Stations not intended to be

operated while in motion will be

licensed under the provision of

§ 101.13(b). The following channel

plans apply.

(1) 1 MHz maximum authorized

bandwidth channels:

Transmit (or receive) (MHz)

Receive (or

transmit)

(MHz)

6425.5 ....................................... 6475.5

6450.5 ....................................... 6500.5

(2) 8 MHz maximum authorized

bandwidth channels:

Transmit (or receive) (MHz)

Receive (or

transmit)

(MHz)

6430.0 ....................................... 6480.0

6438.0 ....................................... 6488.0

6446.0 ....................................... 6596.0

6455.0 ....................................... 6505.0

6463.0 ....................................... 6513.0

6471.0 ....................................... 6521.0

(3) 25 MHz maximum authorized

bandwidth channels:

Transmit (or receive) (MHz)

Receive (or

transmit)

(MHz)

6437.5 ....................................... 6487.5

6462.5 ....................................... 6512.5

(k) On the condition that harmful

interference will not be caused to

services operating in accordance with

the Table of Frequency Allocations,

persons holding valid station

authorizations on July 15, 1963, to

provide television nonbroadcast pickup

service in the 6525–6575 MHz band

may be authorized to continue use of

the frequencies specified in their

authorization for such operations until

July 15, 1968.

(l) 6,525 to 6,875 MHz. 10 MHz

authorized bandwidth.

(1) 400 kHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6525.225 ................................... 6870.225

6525.625 ................................... 6870.625

6526.050 ................................... 6871.050

6526.450 ................................... 6871.450

6526.875 ................................... 6871.875

6527.275 ................................... 6872.275

6527.725 ................................... 6872.725

6528.125 ................................... 6873.125

6528.550 ................................... 6873.550

6528.950 ................................... 6873.950

6529.375 ................................... 6874.375

6529.775 ................................... 6874.775

(2) 800 kHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6525.425 ................................... 6870.425

6526.250 ................................... 6871.250

6527.075 ................................... 6872.075

6527.925 ................................... 6872.925

6528.750 ................................... 6873.750

6529.575 ................................... 6874.575

(3) 1.25 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6525.625 ................................... 6870.625
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26713

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6526.875 ................................... 6871.875

6528.125 ................................... 6873.125

6529.375 ................................... 6874.375

6540.625 1 ................................. 1 6718.125

6541.875 1 ................................. 1 6719.375

6543.125 1 ................................. 1 6713.125

6544.375 1 ................................. 1 6714.375

6545.625 1 ................................. 1 6715.625

6546.875 1 ................................. 1 6716.875

6548.125 ................................... 6728.125

6549.375 ................................... 6729.375

6550.625 ................................... 6730.625

6551.875 ................................... 6731.875

6553.125 1 ................................. 1 6723.125

6554.375 1 ................................. 1 6724.375

6555.625 1 ................................. 1 6725.625

6556.875 1 ................................. 1 6726.875

6558.125 ................................... 6738.125

6559.375 ................................... 6739.375

6560.625 ................................... 6740.625

6561.875 ................................... 6741.875

6563.125 ................................... 6733.125

6564.375 ................................... 6734.375

6565.625 ................................... 6735.625

6566.875 ................................... 6736.875

6568.125 1 ................................. 1 6720.625

6569.375 1 ................................. 1 6721.875

6580.625 1 ................................. 1 6868.125

6581.875 1 ................................ 1 6869.375

6583.125 .................................. 6743.125

6584.375 ................................... 6744.375

6585.625 ................................... 6745.625

6586.875 ................................... 6746.875

6588.125 ................................... 6748.125

6589.375 ................................... 6749.375

6590.625 ................................... 6750.625

6591.875 ................................... 6751.875

6593.125 ................................... 6753.125

6594.375 ................................... 6754.375

6595.625 ................................... 6755.625

6596.875 ................................... 6756.875

6598.125 ................................... 6758.125

6599.375 ................................... 6759.375

6600.625 ................................... 6760.625

6601.875 ................................... 6761.875

6603.125 ................................... 6763.125

6604.375 ................................... 6764.375

6605.625 ................................... 6765.625

6606.875 ................................... 6766.875

6608.125 ................................... 6768.125

6609.375 ................................... 6769.375

6610.625 ................................... 6770.625

6611.875 ................................... 6771.875

6613.125 ................................... 6773.125

6614.375 ................................... 6774.375

6615.625 ................................... 6775.625

6616.875 ................................... 6776.875

6618.125 ................................... 6778.125

6619.375 ................................... 6779.375

6620.625 ................................... 6780.625

6621.875 ................................... 6781.875

6623.125 ................................... 6783.125

6624.375 ................................... 6784.375

6625.625 ................................... 6785.625

6626.875 ................................... 6786.875

6628.125 ................................... 6788.125

6629.375 ................................... 6789.375

6630.625 ................................... 6790.625

6631.875 ................................... 6791.875

6633.125 ................................... 6793.125

6634.375 ................................... 6794.375

6635.625 ................................... 6795.625

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6636.875 ................................... 6796.875

6638.125 ................................... 6798.125

6639.375 ................................... 6799.375

6640.625 ................................... 6800.625

6641.875 ................................... 6801.875

6643.125 ................................... 6803.125

6644.375 ................................... 6804.375

6645.625 ................................... 6805.625

6646.875 ................................... 6806.875

6648.125 ................................... 6808.125

6649.375 ................................... 6809.375

6650.625 ................................... 6810.625

6651.875 ................................... 6811.875

6653.125 ................................... 6813.125

6654.375 ................................... 6814.375

6655.625 ................................... 6815.625

6656.875 ................................... 6816.875

6658.125 ................................... 6818.125

6659.375 ................................... 6819.375

6660.625 ................................... 6820.625

6661.875 ................................... 6821.875

6663.125 ................................... 6823.125

6664.375 ................................... 6824.375

6665.625 ................................... 6825.625

6666.875 ................................... 6826.875

6668.125 ................................... 6828.125

6669.375 ................................... 6829.375

6670.625 ................................... 6830.625

6671.875 ................................... 6831.875

6673.125 ................................... 6833.125

6674.375 ................................... 6834.375

6675.625 ................................... 6835.625

6676.875 ................................... 6836.875

6678.125 ................................... 6838.125

6679.375 ................................... 6839.375

6680.625 ................................... 6840.625

6681.875 ................................... 6841.875

6683.125 ................................... 6843.125

6684.375 ................................... 6844.375

6685.625 ................................... 6845.625

6686.875 ................................... 6846.875

6688.125 ................................... 6848.125

6689.375 ................................... 6849.375

6690.625 ................................... 6850.625

6691.875 ................................... 6851.875

6693.125 ................................... 6853.125

6694.375 ................................... 6854.375

6695.625 ................................... 6855.625

6696.875 ................................... 6856.875

6698.125 ................................... 6858.125

6699.375 ................................... 6859.375

6700.625 ................................... 6860.625

6701.875 ................................... 6861.875

6703.125 ................................... 6863.125

6704.375 ................................... 6864.375

6705.625 ................................... 6865.625

6706.875 ................................... 6866.875

6708.125 1 ................................. 1 6710.625

6709.375 1 ................................. 1 6711.875

1These frequencies may be assigned for

unpaired use.

(4) 2.5 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6526.25 ..................................... 6871.25

6528.75 .................................... 6873.75

6541.25 1 ................................... 1 6718.75

6543.75 1 ................................... 1 6713.75

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6546.25 1 ................................... 1 6716.25

6548.75 .................................... 6728.75

6551.25 .................................... 6731.25

6553.75 1 ................................... 1 6723.75

6556.25 1 ................................... 1 6726.25

6558.75 ..................................... 6738.75

6561.25 ..................................... 6741.25

6563.75 ..................................... 6733.75

6566.25 ..................................... 6736.25

6568.75 1 ................................... 1 6721.25

6581.25 1 ................................... 1 6868.75

6583.75 ..................................... 6743.75

6586.25 ..................................... 6746.25

6588.75 ..................................... 6748.75

6591.25 ..................................... 6751.25

6593.75 ..................................... 6753.75

6596.25 ..................................... 6756.25

6598.75 ..................................... 6758.75

6601.25 ..................................... 6761.25

6603.75 ..................................... 6763.75

6606.25 ..................................... 6766.25

6608.75 ..................................... 6768.75

6611.25 ..................................... 6771.25

6613.75 ..................................... 6773.75

6616.25 ..................................... 6776.25

6618.75 ..................................... 6778.75

6621.25 ..................................... 6781.25

6623.75 ..................................... 6783.75

6626.25 ..................................... 6786.25

6628.75 ..................................... 6788.75

6631.25 ..................................... 6791.25

6633.75 ..................................... 6793.75

6636.25 ..................................... 6796.25

6638.75 ..................................... 6798.75

6641.25 ..................................... 6801.25

6643.75 ..................................... 6803.75

6646.25 ..................................... 6806.25

6648.75 ..................................... 6808.75

6651.25 ..................................... 6811.25

6653.75 ..................................... 6813.75

6656.25 ..................................... 6816.25

6658.75 ..................................... 6818.75

6661.25 ..................................... 6821.25

6663.75 ..................................... 6823.75

6666.25 ..................................... 6826.25

6668.75 ..................................... 6828.75

6671.25 ..................................... 6831.25

6673.75 ..................................... 6833.75

6676.25 ..................................... 6836.25

6678.75 ..................................... 6838.75

6681.25 ..................................... 6841.25

6683.75 ..................................... 6843.75

6686.25 ..................................... 6846.25

6688.75 ..................................... 6848.75

6691.25 ..................................... 6851.25

6693.75 ..................................... 6853.75

6696.25 ..................................... 6856.25

6698.75 ..................................... 6858.75

6701.25 ..................................... 6861.25

6703.75 ..................................... 6863.75

6706.25 ..................................... 6866.25

6708.75 1 ................................... 1 6711.25

1These frequencies may be assigned for

unpaired use.

(5) 3.75 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6545.625 1 ................................. 6715.625 1
26714 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6550.625 ................................... 6730.625

6555.625 1 ................................. 6725.625 1

6560.625 ................................... 6740.625

6565.625 ................................... 6735.625

6585.625 ................................... 6745.625

6590.625 ................................... 6750.625

6595.625 ................................... 6755.625

6600.625 ................................... 6760.625

6605.625 ................................... 6765.625

6610.625 ................................... 6770.625

6615.625 ................................... 6775.625

6620.625 ................................... 6780.625

6625.625 ................................... 6785.625

6630.625 ................................... 6790.625

6635.625 ................................... 6795.625

6640.625 ................................... 6800.625

6645.625 ................................... 6805.625

6650.625 ................................... 6810.625

6655.625 ................................... 6815.625

6660.625 ................................... 6820.625

6665.625 ................................... 6825.625

6670.625 ................................... 6830.625

6675.625 ................................... 6835.625

6680.625 ................................... 6840.625

6685.625 ................................... 6845.625

6690.625 ................................... 6850.625

6695.625 ................................... 6855.625

6700.625 ................................... 6860.625

6705.625 ................................... 6865.625

6710.625 1 ................................. 1 6720.625

(6) 5 MHz bandwidth channels:

1These frequencies may be assigned for

unpaired use.

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6545 1 ........................................ 16715

6550 .......................................... 6730

6555 1 ........................................ 1 6725

6560 .......................................... 6740

6565 .......................................... 6735

6585 .......................................... 6745

6590 .......................................... 6750

6595 .......................................... 6755

6600 .......................................... 6760

6605 .......................................... 6765

6610 .......................................... 6770

6615 .......................................... 6775

6620 .......................................... 6780

6625 .......................................... 6785

6630 .......................................... 6790

6635 .......................................... 6795

6640 .......................................... 6800

6645 .......................................... 6805

6650 .......................................... 6810

6655 .......................................... 6815

6660 .......................................... 6820

6665 .......................................... 6825

6670 .......................................... 6830

6675 .......................................... 6835

6680 .......................................... 6840

6685 .......................................... 6845

6690 .......................................... 6850

6695 .......................................... 6855

6700 .......................................... 6860

6705 .......................................... 6865

6710 1 ........................................ 1 6720

1These frequencies may be assigned for

unpaired use.

(7) 10 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

6545 1 ........................................ 1 6715

6555 1 ........................................ 1 6725

6565 .......................................... 6735

6585 .......................................... 6745

6595 .......................................... 6755

6605 .......................................... 6765

6615 .......................................... 6775

6625 .......................................... 6785

6635 .......................................... 6795

6645 .......................................... 6805

6655 .......................................... 6815

6665 .......................................... 6825

6675 .......................................... 6835

6685 .......................................... 6845

6695 .......................................... 6855

6705 .......................................... 6865

6535 2 ........................................ 2 6575

1These frequencies may be assigned for

unpaired use. 2Available only for emergency restoration,

maintenance bypass, or other temporary-fixed

purposes. Such uses are authorized on a noninterference basis to other frequencies in this

band. Interference analysis required by

§ 101.105 does not apply to this frequency

pair.

(m) 10,550 to 10,680 MHz. 5 MHz

authorized bandwidth.

(1) 400 kHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10605.225 ................................. 10670.225

10605.625 ................................. 10670.625

10606.050 ................................. 10671.050

10606.450 ................................. 10671.450

10606.875 ................................. 10671.875

10607.275 ................................. 10672.275

10607.725 ................................. 10672.725

10608.125 ................................. 10673.125

10608.550 ................................. 10673.550

10608.950 ................................. 10673.950

10609.375 ................................. 10674.375

10609.775 ................................. 10674.775

10610.225 ................................. 10675.225

10610.625 ................................. 10675.625

10611.050 ................................. 10676.050

10611.450 ................................. 10676.450

10611.875 ................................. 10676.875

10612.275 ................................. 10677.275

10612.725 ................................. 10677.725

10613.125 ................................. 10678.125

10613.550 ................................. 10678.550

10613.950 ................................. 10678.950

10614.375 ................................. 10679.375

10614.775 ................................. 10679.775

(2) 800 kHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10605.425 ................................. 10670.425

10606.250 ................................. 10671.250

10607.075 ................................. 10672.075

10607.925 ................................. 10672.925

10608.750 ................................. 10673.750

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10609.575 ................................. 10674.575

10610.425 ................................. 10675.425

10611.250 ................................. 10676.250

10612.075 ................................. 10677.075

10612.925 ................................. 10677.925

10613.750 ................................. 10678.750

10614.575 ................................. 10679.575

(3) 1.25 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10550.625 ................................. 10615.625

10551.875 ................................. 10616.875

10553.125 ................................. 10618.125

10554.375 ................................. 10619.375

10555.625 ................................. 10620.625

10556.875 ................................. 10621.875

10558.125 ................................. 10623.125

10559.375 ................................. 10624.375

10560.625 ................................. 10625.625

10561.875 ................................. 10626.875

10563.125 ................................. 10628.125

10564.375 ................................. 10629.375

10565.625 ................................. 10630.625

10566.875 ................................. 10631.875

10568.125 ................................. 10633.125

10569.375 ................................. 10634.375

10570.625 ................................. 10635.625

10571.875 ................................. 10636.875

10573.125 ................................. 10638.125

10574.375 ................................. 10639.375

10575.625 ................................. 10640.625

10576.875 ................................. 10641.875

10578.125 ................................. 10643.125

10579.375 ................................. 10644.375

10580.625 ................................. 10645.625

10581.875 ................................. 10646.875

10583.125 ................................. 10648.125

10584.375 ................................. 10649.375

10585.625 ................................. 10650.625

10586.875 ................................. 10651.875

10588.125 ................................. 10653.125

10589.375 ................................. 10654.375

10590.625 ................................. 10655.625

10591.875 ................................. 10656.875

10593.125 ................................. 10658.125

10594.375 ................................. 10659.375

10595.625 ................................. 10660.625

10596.875 ................................. 10661.875

10598.125 ................................. 10663.125

10599.375 ................................. 10664.375

10600.625 ................................. 10665.625

10601.875 ................................. 10666.875

10603.125 ................................. 10668.125

10604.375 ................................. 10669.375

10605.625 ................................. 10670.625

10606.875 ................................. 10671.875

10608.125 ................................. 10673.125

10609.375 ................................. 10674.375

10610.625 ................................. 10675.625

10611.875 ................................. 10676.875

10613.125 ................................. 10678.125

10614.375 ................................. 10679.375

(4) 2.5 MHz bandwidth channels:
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26715

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10551.25 ................................... 10616.25

10553.75 ................................... 10618.75

10556.25 ................................... 10621.25

10558.75 ................................... 10623.75

10561.25 ................................... 10626.25

10563.75 ................................... 10628.75

10566.25 ................................... 10631.25

10568.75 ................................... 10633.75

10571.25 ................................... 10636.25

10573.75 ................................... 10638.75

10576.25 ................................... 10641.25

10578.75 ................................... 10643.75

10581.25 1 ................................. 1 10646.25

10583.75 1 ................................. 1 10648.75

10586.25 1 ................................. 1 10651.25

10588.75 1 ................................. 1 10653.75

10591.25 1 ................................. 1 10656.25

10593.75 1 ................................. 1 10658.75

10596.25 1 ................................. 1 10661.25

10598.75 1 ................................. 1 10663.75

10601.25 1 ................................. 1 10666.25

10603.75 1 ................................. 1 10668.75

10606.25 1 ................................. 1 10671.25

10608.75 1 ................................. 1 10673.75

10611.25 1 ................................. 1 10676.25

10613.75 1 ................................. 1 10678.75

1These frequencies are also available for

DEMS stations licensed, in operation, or applied for prior to July 15, 1993.

(5) 3.75 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10553.125 ................................. 10618.125

10558.125 ................................. 10623.125

10563.125 ................................. 10628.125

10568.125 ................................. 10633.125

10573.125 ................................. 10638.125

10578.125 ................................. 10643.125

10583.125 ................................. 10648.125

10588.125 ................................. 10653.125

10593.125 ................................. 10658.125

10598.125 ................................. 10663.125

10603.125 ................................. 10668.125

(6) 5 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10552.5 ..................................... 10617.5

10557.5 ..................................... 10622.5

10562.5 ..................................... 10627.5

10567.5 1 ................................... 1 10632.5

10572.5 1 ................................... 1 10637.5

10577.5 1 ................................... 1 10642.5

10582.5 1 ................................... 1 10647.5

10587.5 ..................................... 10652.5

10592.5 ..................................... 10657.5

10597.5 ..................................... 10662.5

10602.5 ..................................... 10667.5

1These frequencies are also available for

DEMS stations licensed, in operation, or applied for prior to July 15, 1993.

(n) Point-to-multipoint systems

licensed, in operation, or applied for in

the 10,550–10,680 MHz band prior to

July 15, 1993, are permitted to use the

DEMS frequencies noted above if they

prior coordinate such usage with the

necessary parties including 10 GHz

point-to-point applicants and licensees.

DEMS Nodal Stations shall use the band

10,565–10,615 MHz while DEMS User

Stations shall use the band 10,630–

10,680 MHz.

(o) 10,700 to 11,700 MHz. 40 MHz

authorized bandwidth.

(1) 1.25 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

11130.625 ................................. 11620.625

11131.875 ................................. 11621.875

11133.125 ................................. 11623.125

11134.375 ................................. 11624.375

11135.625 ................................. 11625.625

11136.875 ................................. 11626.875

11138.125 ................................. 11628.125

11139.375 ................................. 11629.375

11140.625 ................................. 11630.625

11141.875 ................................. 11631.875

11143.125 ................................. 11633.125

11144.375 ................................. 11634.375

11145.625 ................................. 11635.625

11146.875 ................................. 11636.875

11148.125 ................................. 11638.125

11149.375 ................................. 11639.375

11150.625 ................................. 11640.625

11151.875 ................................. 11641.875

11153.125 ................................. 11643.125

11154.375 ................................. 11644.375

11155.625 ................................. 11645.625

11156.875 ................................. 11646.875

11158.125 ................................. 11648.125

11159.375 ................................. 11649.375

11160.625 ................................. 11650.625

11161.875 ................................. 11651.875

11163.125 ................................. 11653.125

11164.375 ................................. 11654.375

11165.625 ................................. 11655.625

11166.875 ................................. 11656.875

11168.125 ................................. 11658.125

11169.375 ................................. 11659.375

11170.625 ................................. 11660.625

11171.875 ................................. 11661.875

11173.125 ................................. 11663.125

11174.375 ................................. 11664.375

11175.625 ................................. 11665.625

11176.875 ................................. 11666.875

11178.125 ................................. 11668.125

11179.375 ................................. 11669.375

11180.625 ................................. 11680.625

11181.875 ................................. 11681.875

11183.125 ................................. 11683.125

11184.375 ................................. 11684.375

11185.625 ................................. 11685.625

11186.875 ................................. 11686.875

11188.125 ................................. 11688.125

11189.375 ................................. 11689.375

11190.625 ................................. 11690.625

11191.875 ................................. 11691.875

11193.125 ................................. 11693.125

11194.375 ................................. 11694.375

11195.625 ................................. 11695.625

11196.875 ................................. 11696.875

11198.125 ................................. 11698.125

11199.375 ................................. 11699.375

(2) 2.5 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

11131.25 ................................... 11621.25

11133.75 ................................... 11623.75

11136.25 ................................... 11626.25

11138.75 ................................... 11628.75

11141.25 ................................... 11631.25

11143.75 ................................... 11633.75

11146.25 ................................... 11636.25

11148.75 ................................... 11638.75

11151.25 ................................... 11641.25

11153.75 ................................... 11643.75

11156.25 ................................... 11646.25

11158.75 ................................... 11648.75

11161.25 ................................... 11651.25

11163.75 ................................... 11653.75

11166.25 ................................... 11656.25

11168.75 ................................... 11658.75

11171.25 ................................... 11661.25

11173.75 ................................... 11663.75

11176.25 ................................... 11666.25

11178.75 ................................... 11668.75

11181.25 ................................... 11681.25

11183.75 ................................... 11683.75

11186.25 ................................... 11686.25

11188.75 ................................... 11688.75

11191.25 ................................... 11691.25

11193.75 ................................... 11693.75

11196.25 ................................... 11696.25

11198.75 ................................... 11698.75

(3) 3.75 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

11133.125 ................................. 11623.125

11138.125 ................................. 11628.125

11143.125 ................................. 11633.125

11148.125 ................................. 11638.125

11153.125 ................................. 11643.125

11158.125 ................................. 11648.125

11163.125 ................................. 11653.125

11168.125 ................................. 11658.125

11173.125 ................................. 11663.125

11178.125 ................................. 11668.125

11183.125 ................................. 11683.125

11188.125 ................................. 11688.125

11193.125 ................................. 11693.125

11198.125 ................................. 11698.125

(4) 5 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

11132.5 ..................................... 11622.5

11137.5 ..................................... 11627.5

11142.5 ..................................... 11632.5

11147.5 ..................................... 11637.5

11152.5 ..................................... 11642.5

11157.5 ..................................... 11647.5

11162.5 ..................................... 11652.5

11167.5 ..................................... 11657.5

11172.5 ..................................... 11662.5

11177.5 ..................................... 11667.5

11182.5 ..................................... 11682.5

11187.5 ..................................... 11687.5

11192.5 ..................................... 11692.5

11197.5 ..................................... 11697.5

(5) 10 MHz bandwidth channels:
26716 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10705 ........................................ 11205

10715 ........................................ 11215

10725 2 ...................................... 1 11675

10735 ........................................ 11225

10745 ........................................ 11235

10755 ........................................ 11245

10765 ........................................ 11255

10775 ........................................ 11265

10785 ........................................ 11275

10795 ........................................ 11285

10805 ........................................ 11295

10815 ........................................ 11305

10825 ........................................ 11315

10835 ........................................ 11325

10845 ........................................ 11335

10855 ........................................ 11345

10865 ........................................ 11355

10875 ........................................ 11365

10885 ........................................ 11375

10895 ........................................ 11385

10905 ........................................ 11395

10915 ........................................ 11405

10925 ........................................ 11415

10935 ........................................ 11425

10945 ........................................ 11435

10955 ........................................ 11445

10965 ........................................ 11455

10975 ........................................ 11465

10985 ........................................ 11475

10995 ........................................ 11485

11005 ........................................ 11495

11015 ........................................ 11505

11025 ........................................ 11515

11035 ........................................ 11525

11045 ........................................ 11535

11055 ........................................ 11545

11065 ........................................ 11555

11075 ........................................ 11565

11085 ........................................ 11575

11095 ........................................ 11585

11105 ........................................ 11595

11115 ........................................ 11605

11125 ........................................ 11615

11135 1 ...................................... 1 11625

11145 1 ...................................... 1 11635

11155 1 ...................................... 1 11645

11165 1 ...................................... 1 11655

11175 1 ...................................... 1 11665

11185 1 ...................................... 1 11685

11195 1 ...................................... 1 11695

1Alternate channels. These channels are

set aside for narrow bandwidth systems and

should be used only if all other channels are

blocked. 2These frequencies may be assigned for

unpaired use.

(6) 30 MHz bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10715 ........................................ 11215

10755 ........................................ 11245

10795 ........................................ 11285

10835 ........................................ 11325

10875 ........................................ 11365

10915 ........................................ 11405

10955 ........................................ 11445

10995 ........................................ 11485

11035 ........................................ 11525

11075 ........................................ 11565

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

11115 ........................................ 11605

11155 1 ...................................... 1 11645

11185 1 ...................................... 1 11685

1Alternate channels. These channels are

set aside for narrow bandwidth systems and

should be used only if all other channels are

blocked.

(7) 40 MHz bandwidth channels:2

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

10735 ........................................ 11225

10775 ........................................ 11265

10815 ........................................ 11305

10855 ........................................ 11345

10895 ........................................ 11385

10935 ........................................ 11425

10975 ........................................ 11465

11015 ........................................ 11505

11055 ........................................ 11545

11095 ........................................ 11585

11135 1 ...................................... 1 11625

11175 1 ...................................... 1 11665

1Alternate channels. These channels are

set aside for narrow bandwidth systems and

should be used only if all other channels are

blocked. 2 In congested areas where 40 MHz channels block most 30 MHz channels, radios authorized for 30 MHz bandwidths may use the

40 MHz channels. In uncongested areas, 30

MHz channels should be used.

(p) 12,000–12700 MHz: The

Commission has allocated the 12.2–12.7

GHz band for use by the broadcastingsatellite service. Private operational

fixed point-to-point microwave stations

authorized after September 9, 1983, will

be licensed on a noninterference basis

and are required to make any and all

adjustments necessary to prevent

interference to operating domestic

broadcasting-satellite systems.

Notwithstanding any other provisions,

no private operational fixed point-topoint microwave stations are permitted

to cause interference to broadcastingsatellite stations of other countries

operating in accordance with the Region

2 plan for the broadcasting-satellite

service established at the 1983 WARC.

(q) Special provisions for low power,

limited coverage systems in the band

segments 12.2 12.7 GHz.

Notwithstanding any contrary

provisions in this part the frequency

pairs 12.220/12.460 GHz, 12.260/12.500

GHz, 12.300/12.540 GHz and 12.340/

12.580 GHz may be authorized for low

power, limited coverage systems subject

to the following provisions:

(1) Maximum equivalent isotropically

radiated power (EIRP) shall be 55 dBm;

(2) The rated transmitter output

power shall not exceed 0.500 watts;

(3) Frequency tolerance shall be

maintained to within 0.01 percent of the

assigned frequency;

(4) Maximum beamwidth not to

exceed 4 degrees. However, the sidelobe

suppression criteria contained in

§ 101.115 of this part shall not apply,

except that a minimum front-to-back

ratio of 38 dB shall apply;

(5) Upon showing of need, a

maximum bandwidth of 12 MHz may be

authorized per frequency assigned;

(6) Radio systems authorized under

the provisions of this section shall have

no more than three hops in tandem,

except upon showing of need, but in

any event the maximum tandem length

shall not exceed 40 km (25 miles);

(7) Interfering signals at the receiver

antenna terminals of stations authorized

under this section shall not exceed ¥90

dBm and ¥70 dBm respectively, for cochannel and adjacent channel

interfering signals, and

(8) Stations authorized under the

provisions of this section shall provide

the protection from interference

specified in § 101.105 to stations

operating in accordance with the

provisions of this part.

(r) 17,700 to 19,700 MHz: Applicants

may use either a two-way link or one

frequency of a frequency pair for a oneway link and must coordinate proposed

operations pursuant to the procedures

required in § 101.103. (Note, however,

that stations authorized as of September

9, 1983, to use frequencies in the band

17.7–19.7 GHz may, upon proper

application, continue to be authorized

for such operations.)

(1) 2 MHz maximum authorized

bandwidth channel:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

18141.0 ..................................... N/A

(2) 5 MHz maximum authorized

bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

340 MHz Separation

18762.5 ..................................... 19102.5

18767.5 ..................................... 19107.5

18772.5 ..................................... 19112.5

18777.5 ..................................... 19117.5

18782.5 ..................................... 19122.5

18787.5 ..................................... 19127.5

18792.5 ..................................... 19132.5

18797.5 ..................................... 19137.5

18802.5 ..................................... 19142.5

18807.5 ..................................... 19147.5

18812.5 ..................................... 19152.5

18817.5 ..................................... 19157.5
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26717

(3) 6 MHz maximum authorized

bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

216 MHz Separation

18145.0 ..................................... N/A

18151.0 ..................................... 18367.0

18157.0 ..................................... 18373.0

18163.0 ..................................... 18379.0

18169.0 ..................................... 18385.0

18175.0 ..................................... 18391.0

18181.0 ..................................... 18397.0

18187.0 ..................................... 18403.0

18193.0 ..................................... 18409.0

18199.0 ..................................... 18415.0

18205.0 ..................................... 18421.0

18211.0 ..................................... 18427.0

18217.0 ..................................... 18433.0

18223.0 ..................................... 18439.0

18229.0 ..................................... 18445.0

18235.0 ..................................... 18451.0

18241.0 ..................................... 18457.0

18247.0 ..................................... 18463.0

18253.0 ..................................... 18469.0

18259.0 ..................................... 18475.0

18265.0 ..................................... 18481.0

18271.0 ..................................... 18487.0

18277.0 ..................................... 18493.0

18283.0 ..................................... 18499.0

18289.0 ..................................... 18505.0

18295.0 ..................................... 18511.0

18301.0 ..................................... 18517.0

18307.0 ..................................... 18523.0

18313.0 ..................................... 18529.0

18319.0 ..................................... 18535.0

18325.0 ..................................... 18541.0

18331.0 ..................................... 18547.0

18337.0 ..................................... 18533.0

18343.0 ..................................... 18559.0

18349.0 ..................................... 18565.0

18355.0 ..................................... 18571.0

18361.0 ..................................... 18577.0

(4) 10 MHz maximum authorized

bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

1560 MHz Separation

17705.0 ..................................... 19265.0

17715.0 ..................................... 19275.0

17725.0 ..................................... 19285.0

17735.0 ..................................... 19295.0

17745.0 ..................................... 19305.0

17755.0 ..................................... 19315.0

17765.0 ..................................... 19325.0

17775.0 ..................................... 19335.0

17785.0 ..................................... 19345.0

17795.0 ..................................... 19355.0

17805.0 ..................................... 19365.0

17815.0 ..................................... 19375.0

17825.0 ..................................... 19385.0

17835.0 ..................................... 19395.0

17845.0 ..................................... 19405.0

17855.0 ..................................... 19415.0

17865.0 ..................................... 19425.0

17875.0 ..................................... 19435.0

17885.0 ..................................... 19445.0

17895.0 ..................................... 19455.0

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

17905.0 ..................................... 19465.0

17915.0 ..................................... 19475.0

17925.0 ..................................... 19485.0

17935.0 ..................................... 19495.0

17945.0 ..................................... 19505.0

17955.0 ..................................... 19515.0

17965.0 ..................................... 19525.0

17975.0 ..................................... 19535.0

17985.0 ..................................... 19545.0

17995.0 ..................................... 19555.0

18005.0 ..................................... 18565.0

18015.0 ..................................... 19575.0

18025.0 ..................................... 19585.0

18035.0 ..................................... 19595.0

18045.0 ..................................... 19605.0

18055.0 ..................................... 19615.0

18065.0 ..................................... 19625.0

18075.0 ..................................... 19635.0

18085.0 ..................................... 19645.0

18095.0 ..................................... 19655.0

18105.0 ..................................... 19665.0

18115.0 ..................................... 19675.0

18125.0 ..................................... 19685.0

18135.0 ..................................... 19695.0

340 MHz Separation

18585.0 ..................................... 18925.0

18595.0 ..................................... 18935.0

18605.0 ..................................... 18945.0

18615.0 ..................................... 18955.0

18625.0 ..................................... 18965.0

18635.0 ..................................... 18975.0

18645.0 ..................................... 18985.0

18655.0 ..................................... 18995.0

18665.0 ..................................... 19005.0

18675.0 ..................................... 19015.0

18685.0 ..................................... 19025.0

18695.0 ..................................... 19035.0

18705.0 ..................................... 19045.0

18715.0 ..................................... 19055.0

18725.0 ..................................... 19065.0

18735.0 ..................................... 19075.0

18745.0 ..................................... 19085.0

18755.0 ..................................... 19095.0

18765.0 ..................................... 19105.0

18775.0 ..................................... 19115.0

18785.0 ..................................... 19125.0

18795.0 ..................................... 19135.0

18805.0 ..................................... 19145.0

18815.0 ..................................... 19155.0

(5) 20 MHz maximum authorized

bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

1560 MHz Separation

17710.0 ..................................... 19270.0

17730.0 ..................................... 19290.0

17750.0 ..................................... 19310.0

17770.0 ..................................... 19330.0

17790.0 ..................................... 19350.0

17810.0 ..................................... 19370.0

17830.0 ..................................... 19390.0

17850.0 ..................................... 19410.0

17870.0 ..................................... 19430.0

17890.0 ..................................... 19450.0

17910.0 ..................................... 19470.0

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

17930.0 ..................................... 19490.0

17950.0 ..................................... 19510.0

17970.0 ..................................... 19530.0

17990.0 ..................................... 19550.0

18010.0 ..................................... 19570.0

18030.0 ..................................... 19590.0

18050.0 ..................................... 19610.0

18070.0 ..................................... 19630.0

18090.0 ..................................... 19650.0

18110.0 ..................................... 19670.0

18130.0 ..................................... 19690.0

18590.0 ..................................... 18930.0

340 MHz Separation

18610.0 ..................................... 18950.0

18630.0 ..................................... 18970.0

18650.0 ..................................... 18990.0

18670.0 ..................................... 19010.0

18690.0 ..................................... 19030.0

18710.0 ..................................... 19050.0

18730.0 ..................................... 19070.0

18750.0 ..................................... 19090.0

18770.0 ..................................... 19110.0

18790.0 ..................................... 19130.0

18810.0 ..................................... 19150.0

(6) 40 MHz maximum authorized

bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

1560 MHz Separation

17720.0 ..................................... 19280.0

17760.0 ..................................... 19320.0

17800.0 ..................................... 19360.0

17840.0 ..................................... 19400.0

17880.0 ..................................... 19440.0

17920.0 ..................................... 19480.0

17960.0 ..................................... 19520.0

18000.0 ..................................... 19560.0

18040.0 ..................................... 19600.0

18080.0 ..................................... 19640.0

18120.0 ..................................... 19680.0

(7) 80 MHz maximum authorized

bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

1560 MHz Separation

17740.0 ..................................... 19300.0

17820.0 ..................................... 19380.0

17900.0 ..................................... 19460.0

17980.0 ..................................... 19540.0

18060.0 ..................................... 19620.0

(8) 220 MHz maximum authorized

bandwidth channels:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

17810.0 ..................................... 18470.0

18030.0 ..................................... 19370.0

18250.0 ..................................... 19590.0
26718 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

(9) The following frequencies are

available for point-to-multipoint DEMS

Systems:

Channel

No.

Nodal station

frequency band

(MHz) limits

User station frequency band

(MHz) limits

25 .......... 18,820–18,830 19,160–19,170

26 .......... 18,830–18,840 19,170–19,180

27 .......... 18,840–18,850 19,180–19,190

28 .......... 18,850–18,860 19,190–19,200

29 .......... 18,860–18,870 19,200–19,210

30 .......... 18,870–18,880 19,210–19,220

31 .......... 18,880–18,890 19,220–19,230

32 .......... 18,890–18,900 19,230–19,240

33 .......... 18,900–18,910 19,240–19,250

34 .......... 18,910–18,920 19,250–19,260

(i) Each station will be limited to one

frequency pair per SMSA. Additional

channel pairs may be assigned upon a

showing that the service to be provided

will fully utilize the spectrum

requested. A channel pair may be

subdivided as desired by the licensee.

(ii) A frequency pair may be assigned

to more than one licensee in the same

SMSA or service area so long as the

interference protection criteria of

§ 101.105 are met.

(10) Special provision for low power

systems in the 17–700–19700 MHz

band. Notwithstanding other provisions

in this Rule part, licensees of point-tomultipoint channel pairs 25–29 may

operate multiple low power transmitting

devices within a defined service area.

The service area will be a 28 kilometer

omnidirectional radius originating from

specified center reference coordinates.

The specified center coordinates must

be no closer than 56 kilometers from

any co-channel nodal station or the

specified center coordinates of another

co-channel system. Applicants/licensees

do not need to specify the location of

each individual transmitting device

operating within their defined service

areas. Such operations are subject to the

following requirements on the low

power transmitting devices:

(i) Power must not exceed one watt

EIRP and 100 milliwatts transmitter

output power,

(ii) A frequency tolerance of 0.001%

must be maintained; and

(iii) The mean power of emissions

shall be attenuated in accordance with

the following schedule:

(A) In any 4 kHz band, the center

frequency of which is removed from the

center frequency of the assigned

channel by more than 50 percent of the

channel bandwidth and is within the

bands 18,820–18870 MHz or 19,19160–

19,210 MHz:

A=35+.003(F–0.5B) dB

or,

80 dB (whichever is the lesser

attenuation).

Where

A=Attenuation (in decibels) below

output power level contained

within the channel for a given

polarization.

B=Bandwidth of channel in kHz.

F=Absolute value of the difference

between the center frequency of the

4 kHz band measured at the center

frequency of the channel in kHz.

(B) In any 4 kHz band the center

frequency of which is outside the bands

18.820–18.870 GHz: At least

43+10log10(mean output power in watts)

decibels.

(s) Special provisions for low power,

limited coverage systems in the band

segments 21.8–22.0 GHz and 23.0–23.2

GHz. Notwithstanding any contrary

provisions in this part the frequency

pairs 21.825/23.025 GHz, 21.875/23.075

GHz, 21.925/23.125 GHz and 21.975/

23.175 GHz may be authorized for low

power, limited coverage systems subject

to the following provisions:

(1) Maximum effective radiated power

(ERP) shall be 55 dBm;

(2) The rated transmitter output

power shall not exceed 0.100 watts;

(3) Frequency tolerance shall be

maintained to within 0.05 percent of the

assigned frequency;

(4) Maximum beamwidth not to

exceed 4 degrees. However, the sidelobe

suppression criteria contained in

§ 101.115 shall not apply, except that a

minimum front-to-back ratio of 38 dB

shall apply;

(5) Upon showing of need, a

maximum bandwidth of 50 MHz may be

authorized per frequency assigned;

(6) Radio systems authorized under

the provisions of this section shall have

no more than five hops in tandem,

except upon showing of need, but in

any event the maximum tandem length

shall not exceed 40 km (25 miles);

(7) Interfering signals at the antenna

terminals of stations authorized under

this section shall not exceed ¥90 dBm

and ¥70 dBm respectively, for cochannel and adjacent channel

interfering signals; and

(8) Stations authorized under the

provisions of this section shall provide

the protection from interference

specified in § 101.105 to stations

operating in accordance with the

provisions of this part.

(t) 31.0 to 31.3 GHz. These

frequencies are shared on a co-equal

basis with other stations in the fixed

and mobile services (see parts 74 of this

chapter, 95 of this chapter, and this part

101). No interference protection is

afforded to fixed or mobile stations

operating in this band.

(1) 25 MHz authorized bandwidth

channels, 150 MHz separation:

Transmit (receive) (MHz)

Receive)

(transmit)

(MHz)

31,012.5 .................................... 31,162.5

31,037.5 .................................... 31,187.5

31,062.5 .................................... 31,212.5

31,087.5 .................................... 31,237.5

31,112.5 .................................... 31,262.5

31,137.5 .................................... 31,287.5

(2) 50 MHz authorized bandwidth

channels, 150 MHz separation:

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

31,025.0 .................................... 31,175.0

31,075.0 .................................... 31,225.0

31,125.0 .................................... 31,275.0

(u) Assignments in the band 38,600–

40,000 MHz must be according to the

following frequency plan:

Channel group A Channel group B

Channel No. Frequency

band limits MHz Channel No.

Frequency

Band limits

MHz

1–A .............................................................................. 38,600–38,650 1–B ............................................................................. 39,300–39,350

2–A .............................................................................. 38,650–38,700 1–B ............................................................................. 39,350–39,400

3–A .............................................................................. 38,700–38,750 3–B ............................................................................. 39,400–39,450

4–A .............................................................................. 38,750–38,800 4–B ............................................................................. 39,450–39,500

5–A .............................................................................. 38,800–38,850 5–B ............................................................................. 39,500–39,550

6–A .............................................................................. 38,850–38,900 6–B ............................................................................. 39,550–39,600

7–A .............................................................................. 38,900–38,950 7–B ............................................................................. 39,600–39,650

8–A .............................................................................. 38,950–39,000 8–B ............................................................................. 39,650–39,700
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26719

Channel group A Channel group B

Channel No. Frequency

band limits MHz Channel No.

Frequency

Band limits

MHz

9–A .............................................................................. 39,000–39,050 9–B ............................................................................. 39,700–39,750

10–A ............................................................................ 39,050–39,100 10–B ........................................................................... 39,750–39,800

11–A ............................................................................ 39,100–39,150 11–B ........................................................................... 39,800–39,850

12–A ............................................................................ 39,150–39,200 12–B ........................................................................... 39,850–39,900

13–A ............................................................................ 39,200–39,250 13–B ........................................................................... 39,900–39,950

14–A ............................................................................ 39,250–39,300 14–B ........................................................................... 39,950–40,000

Note to (u): These channels are assigned for

use within a rectangular service area to be

described in the application by the maximum

and minimum latitudes and longitudes. Such

service area must be as small as practical

consistent with the local service

requirements of the carrier. These frequency

plans may be subdivided as desired by the

licensee and used within the service area as

desired without further authorization subject

to the terms and conditions set forth in

§ 101.149. These frequencies may be assigned

only where it is shown that the applicant will

have reasonable projected requirements for a

multiplicity of service points or transmission

paths within the area.

(v) Fixed systems licensed, in

operation, or applied for in the 3,700–

4,200, 5925–6425, 6,525–6,875, 10,550–

10,680, and 10,700–11,700 MHz bands

prior to July 15, 1993, are permitted to

use channel plans in effect prior to that

date, including adding channels under

those plans.

(w) Operations on other than the

listed frequencies may be authorized

where it is shown that the objectives or

requirements of the interference criteria

prescribed in § 101.105 could not

otherwise be met to resolve the

interference problems.

(x) The frequency 27.255 MHz in the

27.23–27.28 MHz band is allocated for

assignment to microwave auxiliary

stations in this service on a shared basis

with other radio services. Assignments

to stations on this frequency will not be

protected from such interference as may

be experienced from the emissions of

industrial, scientific and medical

equipment operating on 27.12 MHz in

accordance with § 2.106 of this chapter.

§ 101.149 Special requirements for

operation in the band 38,600–40,000 MHz

Assigned frequency channels in the

band 38,600–40,000 MHz may be

subdivided and used anywhere in the

authorized service area, subject to the

following terms and conditions:

(a) No interference may be caused to

a previously existing station operating

in another authorized service area;

(b) Each operating station must have

posted a copy of the service area

authorization; and

(c) The antenna structure height

employed at any location may not

exceed the criteria set forth in § 17.7 of

this chapter unless, in each instance,

authorization for use of a specific

maximum antenna structure for each

location has been obtained from the

FAA prior to the erection of the

antenna.

Subpart D—Operational Requirements

§ 101.201 Station inspection.

The licensee of each station

authorized in the radio services

included in this part must make the

station available for inspection by

representatives of the Commission at

any reasonable hour.

§ 101.203 Communications concerning

safety of life and property.

(a) Handling and transmission of

messages concerning the safety of life or

property which is in imminent danger

must be afforded priority over other

messages.

(b) No person may knowingly cause to

be transmitted any false or fraudulent

message concerning the safety of life or

property, or refuse upon demand

immediately to relinquish the use of a

radio circuit to enable the transmission

of messages concerning the safety of life

or property which is in imminent

danger, or knowingly interfere or

otherwise obstruct the transmission of

such messages.

§ 101.205 Operation during emergency.

The licensee of any station in these

services may, during a period of

emergency in which normal

communication facilities are disrupted

as a result of hurricane, flood,

earthquake, or similar disaster, utilize

such station for emergency

communication service in a manner

other than that specified in the

instrument of authorization: Provided:

(a) That as soon as possible after the

beginning of such emergency use, notice

be sent to the Commission at

Washington, DC stating the nature of the

emergency and the use to which the

station is being put;

(b) That the emergency use of the

station must be discontinued as soon as

substantially normal communication

facilities are again available;

(c) That the Commission at

Washington, DC must be notified

immediately when such special use of

the station is terminated;

(d) That, in no event, will any station

engage in emergency transmission on

frequencies other than, or with power in

excess of, that specified in the

instrument of authorization or as

otherwise expressly provided by the

Commission, or by law; and

(e) That the Commission may, at any

time, order the discontinuance of any

such emergency communication.

§ 101.207 Suspension of transmission.

Transmission must be suspended

immediately upon detection by the

station or operator licensee or upon

notification by the Commission of a

deviation from the technical

requirements of the station

authorization and must remain

suspended until such deviation is

corrected, except for transmission

concerning the immediate safety of life

or property, in which case transmission

must be suspended immediately after

the emergency is terminated.

§ 101.209 Operation of stations at

temporary fixed locations for

communication between the United States

and Canada or Mexico.

Stations authorized to operate at

temporary fixed locations may not be

used for transmissions between the

United States and Canada, or the United

States and Mexico, without prior

specific notification to, and

authorization from, the Commission.

Notification of such intended usage of

the facilities should include a detailed

showing of the operation proposed,

including the parties involved, the

nature of the communications to be

handled, the terms and conditions of

such operations, the time and place of

operation, such other matters as the

applicant deems relevant, and a

showing as to how the public interest,

convenience and necessity would be
26720 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

served by the proposed operation. Such

notification should be given sufficiently

in advance of the proposed date of

operation to permit any appropriate

correlation with the respective foreign

government involved (see §§ 101.31,

101.811, 101.813, and 101.815).

§ 101.211 Operator requirements.

(a) Any person, with the consent or

authorization of the licensee, may

employ stations in this service for the

purpose of telecommunications in

accordance with the conditions and

limitations set forth in § 101.135.

(b) The station licensee is responsible

for the proper operation of the station at

all times and is expected to provide for

observations, servicing and maintenance

as often as may be necessary to ensure

proper operation.

(c) The provisions of paragraph (a) of

this section may not be construed to

change or diminish in any respect the

responsibility of station licensees to

have and to maintain control over the

stations licensed to them (including all

transmitter units thereof), or for the

proper functioning and operation of

those stations (including all transmitter

units thereof) in accordance with the

terms of the licenses of those stations.

§ 101.213 Station identification.

Stations in these services are exempt

from the requirement to identify

transmissions by call sign or any other

station identifier.

§ 101.215 Posting of station authorization

and transmitter identification cards, plates,

or signs.

(a) Each licensee shall post at the

station the name, address and telephone

number of the custodian of the station

license or other authorization if such

license or authorization is not

maintained at the station.

(b) The requirements in paragraph (a)

of this section do not apply to remote

stations using frequencies listed in

§ 101.147(b).

§ 101.217 Station records.

Each licensee of a station subject to

this part shall maintain records in

accordance with the following:

(a) For all stations, the results and

dates of transmitter measurements and

the name of the person or persons

making the measurements;

(b) For all stations, when service or

maintenance duties are performed,

which may affect their proper operation,

the responsible operator shall sign and

date an entry in the station record

concerned, giving:

(1) Pertinent details of all transmitter

adjustments performed by him or under

his supervision; and

(2) His name and address, provided

that this information, so long as it

remains unchanged, is not required to

be repeated in the case of a person who

is regularly employed as operator on a

full-time basis at the station.

(c) The records shall be kept in an

orderly manner, and in such detail that

the data required are readily available.

Key letters or abbreviations may be used

if proper meaning or explanation is set

forth in the record.

(d) Each entry in the records of each

station shall be signed by a person

qualified to do so, having actual

knowledge of the facts to be recorded.

(e) No record or portion thereof shall

be erased, obliterated, or willfully

destroyed within the required retention

period. Any necessary correction may

be made only by the person originating

the entry, who shall strike out the

erroneous portion, initial the correction

made and indicate the date of

correction.

(f) Records required by this part shall

be retained by the licensee for a period

of at least one year.

Subpart E—Miscellaneous Common

Carrier Provisions

§ 101.301 National defense; free service.

Any common carrier authorized

under the rules of this part may render

to any agency of the United States

Government free service in connection

with the preparation for the national

defense. Every such carrier rendering

any such free service must make and

file, in duplicate, with the Commission,

on or before the 31st of July and on or

before the 31st day of January in each

year, reports covering the periods of 6

months ending on the 30th of June and

the 31st of December, respectively, next

prior to said dates. These reports must

show the names of the agencies to

which free service was rendered

pursuant to this rule, the general

character of the communications

handled for each agency, and the

charges in dollars which would have

accrued to the carrier for such service

rendered to each agency if charges for

such communications had been

collected at the published tariff rates.

§ 101.303 Answers to notices of violation.

Any person receiving official notice of

a violation of the terms of the

Communications Act of 1934, as

amended, any other Federal statute or

Executive Order pertaining to radio or

wire communications or any

international radio or wire

communications treaty or convention,

or regulations annexed thereto to which

the United States is a party, or the rules

and regulations of the Federal

Communications Commission, must,

within 10 days from such receipt, send

a written answer to the office of the

Commission originating the official

notice. If an answer cannot be sent or an

acknowledgment made within such 10-

day period by reason of illness or other

unavoidable circumstances,

acknowledgment and answer must be

made at the earliest practicable date

with a satisfactory explanation of the

delay. The answer to each notice must

be complete in itself and may not be

abbreviated by reference to other

communications or answers to other

notices. If the notice relates to some

violation that may be due to the

physical or electrical characteristics of

transmitting apparatus, the answer must

state fully what steps have been taken

to prevent future violations, and, if any

new apparatus is to be installed, the

date such apparatus was ordered, the

name of the manufacturer, and

promised date of delivery. If the

installation of such apparatus requires a

construction permit, the file number of

the application must be given or, if a file

number has not been assigned by the

Commission, such identification as will

permit ready reference thereto. If the

notice of violation relates to inadequate

maintenance resulting in improper

operation of the transmitter, the name

and license number of the operator

performing the maintenance must be

given. If the notice of violation relates

to some lack of attention to, or improper

operation of, the transmitter by other

employees, the reply must enumerate

the steps taken to prevent a recurrence

of such lack of attention or improper

operation.

§ 101.305 Discontinuance, reduction or

impairment of service.

(a) If the public communication

service provided by a station in the

Common Carrier Radio Services is

involuntarily discontinued, reduced or

impaired for a period exceeding 48

hours, the station licensee must

promptly notify the Commission, in

writing, at Federal Communications

Commission, Common Carrier Radio

Services, 1270 Fairfield Road,

Gettysburg, Pennsylvania 17325. In

every such case, the licensee must

furnish full particulars as to the reasons

for such discontinuance, reduction or

impairment of service, including a

statement as to when normal service is

expected to be resumed. When normal

service is resumed, prompt notification

thereof must be given in writing to the

Federal Communications Commission,

Common Carrier Radio Services, 1270
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26721

Fairfield Road, Gettysburg,

Pennsylvania 17325.

(b) No station licensee subject to title

II of the Communications Act of 1934,

as amended, may voluntarily

discontinue, reduce or impair public

communication service to a community

or part of a community without

obtaining prior authorization from the

Commission pursuant to the procedures

set forth in part 63 of this chapter. In the

event that permanent discontinuance of

service is authorized by the

Commission, the station licensee must

promptly send the station license to the

Federal Communications Commission,

Common Carrier Radio Services, 1270

Fairfield Road, Gettysburg,

Pennsylvania 17325 for cancellation.

(c) Any common carrier station

licensee, not subject to title II of the

Communications Act of 1934, as

amended, who voluntarily discontinues,

reduces or impairs public

communication service to a community

or a part of a community must give

written notification to the Commission

within 7 days thereof. In the event of

permanent discontinuance of service,

the station licensee must promptly send

the station license to the Federal

Communications Commission, Common

Carrier Radio Services, 1270 Fairfield

Road, Gettysburg, Pennsylvania 17325

for cancellation.

(d) If any common carrier radio

frequency should not be used to render

any service as authorized during a

consecutive period of twelve months at

any time after construction is completed

under circumstances that do not fall

within the provisions of paragraph (a),

(b), or (c) of this section, or, if removal

of equipment or facilities has rendered

the station not operational, the licensee

must, within thirty days of the end of

such period of nonuse:

(1) Submit for cancellation the station

license (or licenses) to the Federal

Communications Commission, Common

Carrier Radio Services, 1270 Fairfield

Road, Gettysburg, Pennsylvania 17325

for cancellation;

(2) File an application for

modification of the license (or licenses)

to delete the unused frequency (or

frequencies); or

(3) Request waiver of this rule and

demonstrate either that the frequency

will be used (as evidenced by

appropriate requests for service, etc.)

within six months of the end of the

initial period of nonuse, or that the

frequency will be converted to allow

rendition of other authorized public

services within one year of the end of

the initial period of nonuse by the filing

of appropriate applications within six

months of the end of the period of

nonuse.

§ 101.307 Tariffs, reports, and other

material required to be submitted to the

Commission.

Sections 1.771 through 1.815 of this

chapter contain summaries of certain

materials and reports, including

schedule of charges and accounting and

financial reports, which, when

applicable, must be filed with the

Commission.

§ 101.309 Requirement that licensees

respond to official communications.

All licensees in these services are

required to respond to official

communications from the Commission

with reasonable dispatch and according

to the tenor of such communications.

Failure to do so will be given

appropriate consideration in connection

with any subsequent applications which

the offending party may file and may

result in the designation of such

applications for hearing, or in

appropriate cases, the institution of

proceedings looking to the modification

or revocation of the pertinent

authorizations.

§ 101.311 Equal employment

opportunities.

Equal opportunities in employment

must be afforded by all common carrier

licensees in accordance with the

provisions of § 21.307 of this chapter.

Subpart F—Developmental

Authorizations

§ 101.401 Eligibility.

Developmental authorizations for

stations in the radio services included

in this part will be issued only to

existing and proposed licensees who are

legally, financially and otherwise

qualified to conduct experimentation for

the development of engineering or

operational data, or techniques, directly

related to a proposed radio service or to

a regularly established radio service

regulated by the rules of this part.

§ 101.403 Scope of service.

Developmental authorizations may be

issued for:

(a) Field strength surveys relative to

or precedent to the filing of applications

for licenses, in connection with the

selection of suitable locations for

stations proposed to be established in

any of the regularly established radio

services regulated by the rules of this

part; or

(b) The testing of existing or

authorized antennas, wave guides,

paths, or other equipment used in a

system subject to this part.

§ 101.405 Adherence to program of

research and development.

The program of research and

development, as stated by an applicant

in the application for license or stated

in the instrument of station

authorization, must be substantially

adhered to unless the licensee is

otherwise authorized by the

Commission.

§ 101.407 Special procedure for the

development of a new service or for the use

of frequencies not in accordance with the

provisions of the rules in this part.

(a) An authorization for the

development of a new service not in

accordance with the provisions of the

rules in this part may be granted for a

limited time, but only after the

Commission has made a preliminary

determination with respect to the factors

set forth in this paragraph, as each case

may require. This procedure also

applies to any application that involves

use of a frequency which is not in

accordance with the provisions of the

rules in this part, although in

accordance with the Table of Frequency

Allocations contained in part 2 of this

chapter. (An application which involves

use of a frequency which is not in

accordance with the Table of Frequency

Allocations in part 2 of this chapter

should be filed in accordance with the

provisions of part 5 of this chapter,

Experimental Radio Services.) The

factors with respect to which the

Commission will make a preliminary

determination before acting on an

application filed under this paragraph

are as follows:

(1) That the public interest,

convenience or necessity warrants

consideration of the establishment of

the proposed service or the use of the

proposed frequency;

(2) That the proposed operation

appears to warrant consideration to

effect a change in the provisions of the

rules in this part; and/or

(3) That some operational data should

be developed for consideration in any

rule making proceeding which may be

initiated.

(b) Applications for stations that are

intended to be used in the development

of a proposed service must be

accompanied by a petition to amend the

Commission’s rules with respect to

frequencies and such other items as may

be necessary to provide for the regular

establishment of the proposed service.

§ 101.409 Terms of grant; general

limitations.

(a) Developmental authorizations

normally will be issued for one year, or

such shorter term as the Commission
26722 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

may deem appropriate in any particular

case, and will be subject to cancellation

without hearing by the Commission at

any time upon notice to the licensee.

(b) Where some phases of the

developmental program are not covered

by the general rules of the Commission

or by the rules of this part, the

Commission may specify supplemental

or additional requirements or conditions

in each case as it may deem necessary

in the public interest, convenience or

necessity.

(c) Frequencies allocated to the

service toward which such development

is directed will be assigned for

developmental operation on the basis

that no interference will be caused to

the regular services of stations operating

in accordance with the Commission’s

Table of Frequency Allocations (§ 2.106

of this chapter).

(d) The rendition of communication

service for hire is not permitted under

any developmental authorizations

unless specifically authorized by the

Commission.

(e) The grant of a developmental

authorization carries with it no

assurance that the developmental

program, if successful, will be

authorized on a permanent basis either

as to the service involved or the use of

the frequencies assigned or any other

frequencies.

§ 101.411 Supplementary showing

required.

(a) Authorizations for development of

a proposed radio service in the services

included in this part will be issued only

upon a showing that the applicant has

a definite program of research and

development, the details of which must

be set forth, which has reasonable

promise of substantial contribution to

these services within the term of such

authorization. A specific showing

should be made as to the factors which

qualify the applicant technically to

conduct the research and development

program, including a description of the

nature and extent of engineering

facilities that the applicant has available

for such purposes.

(b) Expiring developmental

authorizations may be renewed only

upon the applicant’s compliance with

the applicable requirements of § 101.413

(a) and (b) relative to the authorization

sought to be renewed and upon a factual

showing that further progress in the

program of research and development

requires further radio transmission and

that the public interest, convenience or

necessity would be served by renewal of

such authorization.

§ 101.413 Developmental report required.

(a) Upon completion of the program of

research and development, or, in any

event, upon the expiration of the

instrument of station authorization

under which such investigations were

permitted, or at such times during the

term of the station authorization as the

Commission may deem necessary to

evaluate the progress of the

developmental program, the licensee

must submit, in duplicate, a

comprehensive report on the following

items, in the order designated:

(1) Report on the various phases of the

project which were investigated;

(2) Total number of hours of operation

on each frequency assigned;

(3) Copies of any publication on the

project;

(4) Detailed analysis of the result

obtained; and

(5) Any other pertinent information.

(b) In addition to the information

required by paragraph (a) of this section,

the developmental report of a station

authorized for the development of a

proposed radio service must include

comprehensive information on the

following items:

(1) Probable public support and

methods of its determination;

(2) Practicability of service operations;

(3) Interference encountered;

(4) Pertinent information relative to

merits of the proposed service;

(5) Propagation characteristics of

frequencies used, particularly with

respect to the service objective;

(6) Frequencies believed to be more

suitable and reasons therefor; and

(7) Type of signals or communications

employed in the experimental work.

(c) Developmental reports will be

made a part of the Commission’s public

records, except upon the applicant’s

specific request for confidentiality and

Commission approval in accordance

with § 0.459 of this chapter. Information

determined confidential by the

Commission will not be publicly

disclosed.

Subpart G—Digital Electronic Message

Service

§ 101.501 Eligibility.

Applications will be granted only in

cases in which the applicant establishes

it is legally, technically, financially and

otherwise qualified to render the

services proposed and that the public

interest, convenience and necessity

would be served by such a grant. Each

application will identify the Standard

Metropolitan Statistical Area (SMSA)

within which boundaries the Digital

Electronic Message Service (DEMS)

nodal station will be constructed and

which the facility will serve.

§ 101.503 Digital Electronic Message

Service Nodal Stations.

DEMS Nodal Stations may be

authorized only as a part of an

integrated communication system

wherein DEMS User Stations associated

therewith also are licensed to the DEMS

Nodal Station licensee. Applications for

DEMS Nodal Station licenses should

specify the maximum number of DEMS

User Stations to be served by that nodal

station. Any increase in that number

must be applied for pursuant to

§ 101.15.

§ 101.505 Frequencies.

(a) Frequencies in the 17,700–19,700

MHz band are available for assignment

for all DEMS applicants. Assignment

will consist of a pair of channels as set

out in paragraph (c) of this section plus

internodal channels as set out in

paragraph (d) of this section.

(b) Licensees may apply for an

additional channel pair in an SMSA

only when it is operating its previously

authorized DEMS at or near the

expected capacity and the service to be

provided will fully utilize all spectrum

requested.

(c) DEMS assignments will be made

according to the following plan, except

that systems licensed, in operation, or

applied for in the 10,565–10,615 and

10,630–10,680 MHz bands prior to July

15, 1993 are permitted to use

frequencies in those bands if they prior

coordinate with 10 GHz point-to-point

licensees:

Channel

No

Nodal station

frequency band

(MHz)

User station frequency band

(MHz)

30 .......... 18,870–18,880 19,210–19,220

31 .......... 18,880–18,890 19,220–19,230

32 .......... 18,890–18,900 19,230–19,240

33 .......... 18,900–18,910 19,240–19,250

34 .......... 18,910–18,920 19,250–19,260

Note to (c): These channel pairs will be

assigned in each SMSA and may be

subdivided as desired by the licensee.

(d) Internodal link assignments are to

be made in accordance with the

provisions of Subpart I of this part,

applying to point-to-point operations.

§ 101.507 Frequency stability.

The frequency stability of each DEMS

Nodal Station transmitter authorized for

this service in the 17,700–19,700 MHz

band must be ±0.001%. The frequency

stability of each DEMS User Station

transmitter authorized for this service in

this band must be ±0.003%.

§ 101.509 Interference protection criteria.

(a) All harmful interference to other

users and blocking of adjacent channel
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26723

use in the same city and cochannel use

in nearby Standard Metropolitan

Statistical Areas is prohibited. In areas

where SMSA’s are in close proximity,

careful consideration should be given to

minimum power requirements and to

the location, height, and radiation

pattern of the transmitting antenna.

Licensees and applicants are expected

to cooperate fully in attempting to

resolve problems of potential

interference before bringing the matter

to the attention of the Commission.

(b) As a condition for use of

frequencies in this service each carrier

is required to:

(1) Engineer the system to be

reasonably compatible with adjacent

channel operations in the same city; and

(2) Cooperate fully and in good faith

to resolve whatever potential

interference and transmission security

problems may be present in adjacent

channel operation.

(c) The following interference studies,

as appropriate, must be included with

each application for a new or major

modification in a DEMS Nodal Station:

(1) An analysis of the potential for

harmful interference with other stations

if the coordinates of any proposed

station are located within 80 kilometers

(50 miles) of the coordinates of any

authorized, or previously proposed

station(s) that utilizes, or would utilize,

the same frequency or an adjacent

potentially interfering frequency; and

(2) An analysis concerning possible

adverse impact upon Canadian

communications if the station’s

transmitting antenna is to be located

within 55 kilometers (35 miles) of the

Canadian border.

(d) In addition a copy of the

interference analysis submitted in

response to paragraph (c)(1) of this

section must be served on all applicants

and/or grantees concerned within 5

days of its submission to the

Commission.

§ 101.511 Purpose and permissible

service.

(a) The DEMS is intended to provide

for the exchange of digital information

among and between subscribers using

one or more DEMS Systems.

(b) Unless otherwise directed or

conditioned in the applicable

instrument of authorization, DEMS may

be used to exchange any type of digital

information consistent with the

Commission’s Rules and the applicable

tariff of the carrier.

(c) The carrier’s tariff must fully

describe the parameters of the service to

be provided, including the degree of

communications security a subscriber

can expect in ordinary service.

§ 101.513 Transmitter power.

The transmitter power will be

governed by § 101.113. Further, each

application must contain an analysis

demonstrating compliance with

§ 101.113(a).

§ 101.515 Emissions and bandwidth.

Different types of emissions may be

authorized if the applicant describes

fully the modulation and bandwidth

desired, and demonstrates that the

bandwidth desired is no wider than

needed to provide the intended service.

In no event, however, may the necessary

or occupied bandwidth exceed the

specified channel width of the assigned

pair.

§ 101.517 Antennas.

(a) Transmitting antennas may be

omnidirectional or directional,

consistent with coverage and

interference requirements.

(b) The use of horizontal or vertical

plane wave polarization, or right hand

or left hand rotating elliptical

polarization must be used to minimize

harmful interference between stations.

(c) Directive antennas must be used at

all DEMS User Stations and may be

elevated no higher than necessary to

assure adequate service. Antenna

structures requiring FAA notification

under part 17 of this chapter must be

registered with the Commission. The

structure owner is responsible for

registering, painting, and lighting the

structure if applicable. Requests for

such authorization must show the

inclusive dates of the proposed

operation.

§ 101.519 Interconnection.

(a) All DEMS licensees must make

available to the public all information

necessary to allow the manufacture of

user equipment that will be compatible

with the licensee’s network.

(b) All DEMS licensees must make

available to the public all information

necessary to allow interconnection of

DEMS networks.

§ 101.521 Spectrum utilization.

All applicants for DEMS frequencies

must submit as part of the original

application a detailed plan indicating

how the bandwidth requested will be

utilized. In particular the application

must contain detailed descriptions of

the modulation method, the channel

time sharing method, any error

detecting and/or correcting codes, any

spatial frequency reuse system and the

total data throughput capacity in each of

the links in the system. Further, the

application must include a separate

analysis of the spectral efficiency

including both information bits per unit

bandwidth and the total bits per unit

bandwidth.

Subpart H—Private Operational Fixed

Point-to-Point Microwave Service

§ 101.601 Eligibility

Any person, or any governmental

entity or agency, eligible for licensing in

a radio service under parts 80, 87, or 90

of this chapter or any person proposing

to provide communications service to

such persons, governmental entities or

agencies is eligible to hold a license

under this subpart.

§ 101.603 Permissible communications.

(a) Except as provided in paragraph

(b) of this section, stations in this radio

service may transmit communications

as follows:

(1) On frequencies below 21,200 MHz,

licensees may transmit their own

communications, including the

transmission of their products and

information services, to their customers

except that the distribution of video

entertainment material to customers is

permitted only as indicated in § 101.101

and paragraph (a)(2) of this section.

(2) In the frequency bands 6425–6525

MHz, 18,142–18,580 MHz and on

frequencies above 21,200 MHz,

licensees may deliver any of their own

products and services to any receiving

location;

(3) Licensees may transmit the

communications of their parent

corporation, or of another subsidiary of

the same parent, or their own subsidiary

where the party to be served is regularly

engaged in any of the activities that

constitute the basis for eligibility to use

the frequencies assigned;

(4) Licensees may transmit the

communications of other parties in

accordance with § 101.135;

(5) Licensees may transmit emergency

communications unrelated to their

activities in accordance with § 101.205;

(6) Licensees may transmit

communications on a commercial basis

to eligible users, among different

premises of a single eligible user, or

from one eligible user to another as part

of transmissions by Digital Electronic

Message Service systems on the

frequencies provided for this purpose;

(7) Licensees may transmit program

material from one location to another,

provided that the frequencies do not

serve as the final RF link in the chain

of distribution of the program material

to broadcast stations;

(b) Stations licensed in this radio

service shall not:

(1) Render a common carrier

communications service of any kind;
26724 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

(2) Transmit program material for use

in connection with broadcasting, except

as provided in paragraphs (a)(2), and

(a)(7)) of this section; and/or

(3) Be used to provide the final RF

link in the chain of transmission of

program material to cable television

systems, multipoint distribution

systems or master antenna TV systems,

except in the frequency bands 6425–

6525 and 18,142–18,580 MHz and on

frequencies above 21,200 MHz.

Subpart I—Common Carrier Fixed

Point-to-Point Microwave Service

§ 101.701 Eligibility.

(a) Authorizations for stations in this

service will be issued to existing and

proposed common carriers.

Applications will be granted only in

cases in which it is shown that:

(1) The applicant is legally,

technically, financially and otherwise

qualified to render the proposed service;

(2) There are frequencies available to

enable the applicant to render a

satisfactory service; and

(3) The public interest, convenience,

and necessity would be served by a

grant thereof.

(b) If the content is originated,

selected, controlled, or otherwise

substantively influenced by the

applicant, licensee, or a closely

affiliated entity, no station or radio

frequency in this service will be

authorized, or may be utilized, to

transmit any closed circuit television

signals or television signals other than

broadcast television signals, unless:

(1) Such service is otherwise

permitted for a specific length of time

by grant of an acceptable petition for

waiver of this rule; or

(2) Such service is otherwise

permitted by a condition in the

applicable instrument of authorization;

or

(3) Such service is provided pursuant

to applicable FCC tariff and is

temporary and occasional intracompany television communication for

management, network supervision, or

other internal carrier functions. For

purposes of this paragraph, an entity

will be considered to be ‘‘closely

affiliated’’ with an applicant if it is in

a parent-subsidiary relationship, or both

are commonly controlled, or they have

any common officers or management

employees.

(c) Applications for stations or

frequencies that will be used primarily

to relay broadcast television signals

must include a demonstration

(including appropriate system diagrams

and tables) that at least fifty percent of

the customers (or points of service) on

the microwave system involved,

including those served through an

interconnecting carrier(s), receiving

applicant’s service, will not be related

or affiliated in any degree with the

applicant, and that the proposed usage

by such customers, in terms of hours of

use and channels delivered, must

constitute at least fifty percent of the

usage of the applicant’s microwave

service.

Applications that do not contain these

demonstrations will be returned as

unacceptable for filing.

§ 101.703 Permissible communications.

Stations in this service are authorized

to render any kind of communication

service provided for in the legally

applicable tariffs of the carrier, unless

otherwise directed in the applicable

instrument of authorization or limited

by § 101.147 or §§ 101.111 and 101.113.

§ 101.705 Renewal of station licenses.

(a) An application for renewal of a

station license in the Common Carrier

Fixed Point-to-Point Microwave Service

primarily used to relay television

signals must contain:

(1) A statement that such use

complies with § 101.701(b); and

(2) The demonstration required by

§ 101.701(c). Applications that do not

contain these items as appropriate will

be returned as unacceptable for filing.

(b) Any application for renewal of

license, for a term commencing January

1, 1975, or after, involving facilities

utilizing frequency diversity must

contain a statement showing

compliance with § 101.103(c) or the

exceptions recognized in paragraph 141

of the ‘‘First Report and Order’’ in

Docket No. 18920 (29 FCC 2d 870).

(This document is available at: Federal

Communications Commission, Library

(Room 639), 1919 M Street, NW.,

Washington, DC.) If not in compliance,

a complete statement with the reasons

therefor must be submitted.

Subpart J—Local Television

Transmission Service

§ 101.801 Eligibility.

Authorizations for stations in this

service will be granted to existing and

proposed communication common

carriers. Applications will be granted

only in cases where it is shown that:

(a) The applicant is legally,

financially, technically and otherwise

qualified to render the proposed service;

(b) There are frequencies available to

enable the applicant to render a

satisfactory service; and

(c) The public interest, convenience

or necessity would be served by a grant

thereof.

§ 101.803 Frequencies.

(a) Frequencies in the following bands

are available for assignment to

television pickup and television nonbroadcast pickup stations in this

service:

6,425 to 6,525 MHz. (6)

11,700 to 12,200 MHz. (3)

13,200 to 13,250 MHz. (1)

14,200 to 14,400 MHz.

21,200 to 22,000 MHz. (1), (2), (4), (5)

22,000 to 23,600 MHz. (1), (2), (5)

31,000 to 31,300 MHz. (7)

Notes

(1) This frequency band is shared with

fixed and mobile stations licensed under this

and other parts of the Commission’s Rules.

(2) This frequency band is shared with

Government stations.

(3) This frequency band is shared, on a

secondary basis, with stations in the

broadcasting-satellite and fixed-satellite

services.

(4) This frequency band is shared with

stations in the earth-exploration satellite

service.

(5) Assignments to common carriers in this

band are normally made in the segments

21,200–21,800 MHz and 22,400–23,800 MHz

and to operational fixed users in the

segments 21,800–22,400 MHz and 23,000–

23,600 MHz. Assignments may be made

otherwise only upon a showing that

interference free frequencies are not available

in the normally assigned band segments. The

maximum power for the local television

transmission service in the 14.2–14.4 GHz

band is +45 dBW except that operations are

not permitted within 1.5 degrees of the

geostationary orbit.

(6) This band is co-equally shared with

mobile stations licensed pursuant to parts 74

and 78 of this chapter, and subpart H of this

part.

(7) Use of this spectrum for direct delivery

of video programs to the general public or

multi-channel cable distribution is not

permitted.

(b) Communications common carriers

in the Local Television Transmission

Service may be assigned frequencies

listed in §§ 74.602(a), 78.18(a)(7) and

78.18(a)(8) of this chapter to provide

service to television broadcast stations,

television broadcast network-entities,

cable system operators and cable

network-entities. Frequency availability

is subject to the provisions of § 74.604

of this chapter and the use of the facility

is limited to the permissible uses

described in §§ 74.631 and 78.11 of this

chapter. Operations on these

frequencies are subject to the technical

provisions of part 74, subpart F, and

part 78, subpart D of this chapter.

(c) [Reserved]

(d) Frequencies in the following

bands are available for assignment to

television STL stations in this service:

3,700 to 4,200 MHz (1)

5,925 to 6,425 MHz (1),(5)
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26725

10,700 to 11,700 MHz (1),(6)

13,200 to 13,250 MHz (2)

21,200 to 22,000 MHz (2),(4),(7),(8)

22,000 to 23,600 MHz (2),(6),(8)

31,000 to 31,300 MHz (9)

Notes

(1) This frequency band is shared with

stations in the Point to Point Microwave

Radio Service and, in United States

Possessions in the Caribbean area, with

stations in the International Fixed

Radiocommunications Services.

(2) This frequency band is shared with

fixed and mobile stations licensed under this

and other parts of the Commission’s rules.

(3) This frequency band is shared with

space stations (space to earth) in the fixedsatellite service.

(4) This frequency band is shared with

Government stations.

(5) This frequency band is shared with

earth stations (earth to space) in the fixedsatellite services.

(6) The band segments 10.95–11.2 and

11.45–11.7 GHz are shared with space

stations (space to earth) in the fixed-satellite

service.

(7) This frequency band is shared with

space stations (space to earth) in the earth

exploration satellite service.

(8) Assignments to common carriers in this

band are normally made in the segments

21,200–21,800 MHz and 22,400–23,000 MHz

and to operational fixed users in the

segments 21,800–22,400 MHz and 23,000–

23,600 MHz. Assignments may be made

otherwise only upon a showing that

interference free frequencies are not available

in the appropriate band segments.

(9) Frequencies in this band are co-equally

shared with stations in the Auxiliary

Broadcasting (part 74) of this chapter, Cable

Television Relay (part 78) of this chapter,

Private Operational-Fixed Microwave

(subpart H) of this part, and General Mobile

Radio Services (part 95) of this chapter.

(e) 31.0 to 31.3 GHz. These

frequencies are shared on a co-equal

basis with other stations in the fixed

and mobile services (see parts 74, 78,

and 95 of this chapter, and subpart H of

this part). No interference protection is

afforded to fixed or mobile stations

operating in this band.

(1) 25 MHz authorized bandwidth

channels, 150 MHz separation.

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

31,012.5 .................................... 31,162.5

31,037.5 .................................... 31,187.5

31,062.5 .................................... 31,212.5

31,087.5 .................................... 31,237.5

31,112.5 .................................... 31,262.5

31,137.5 .................................... 31,287.5

(2) 50 MHz authorized bandwidth

channels, 150 MHz separation.

Transmit (receive) (MHz)

Receive

(transmit)

(MHz)

31,025.0 .................................... 31,175.0

31,075.0 .................................... 31,225.0

31,125.0 .................................... 31,275.0

(f) On the condition that harmful

interference will not be caused to

services operating in accordance with

the Table of Frequency Allocations,

persons holding valid station

authorizations on July 15, 1963, to

provide television nonbroadcast pickup

service in the 6525–6575 MHz band

may be authorized to continue use of

the frequencies specified in their

authorization for such operations until

July 15, 1968.

(g) 6425 to 6525 MHz—Mobile Only.

Paired and un-paired operations

permitted. Use of this spectrum for

direct delivery of video programs to the

general public or for multi-channel

cable distribution is not permitted. This

band is co-equally shared with mobile

stations licensed pursuant to parts 74

and 78 of this chapter. The following

channel plans apply.

(1) 1 MHz maximum authorized

bandwidth channels.

Transmit (or receive) (MHz)

Receive (or

transmit)

(MHz)

6425.5 ....................................... 6475.5

6450.5 ....................................... 6500.5

(2) 8 MHz maximum authorized

bandwidth channels.

Transmit (or receive) (MHz)

Receive (or

transmit)

(MHz)

6430.0 ....................................... 6480.0

6438.0 ....................................... 6488.0

6446.0 ....................................... 6596.0

6455.0 ....................................... 6505.0

6463.0 ....................................... 6513.0

6471.0 ....................................... 6521.0

(3) 25 MHz maximum authorized

bandwidth channels.

Transmit (or receive) (MHz)

Receive (or

transmit)

(MHz)

6437.5 ....................................... 6487.5

6462.5 ....................................... 6512.5

(h) The frequency 27.255 MHz in the

27.23–27.28 MHz band is allocated for

assignment to microwave auxiliary

stations in this service on a shared basis

with other radio services. Assignments

to stations on this frequency will not be

protected from such interference as may

be experienced from the emissions of

industrial, scientific and medical

equipment operating on 27.12 MHz in

accordance with § 2.106 of this chapter.

§ 101.805 Assignment of frequencies to

mobile stations.

The assignment of frequencies to

mobile stations in this service will not

be limited to a single licensee within

any area. However, geographical limits

within which mobile units may operate

may be imposed by the Commission.

§ 101.807 Transmitter power.

Stations in this service will not be

authorized to use transmitters having a

rated power output in excess of the

limits set forth in § 101.113(b) and a

standby transmitter having a rated

power output in excess of that of the

main transmitter with which it is

associated will not be authorized.

§ 101.809 Bandwidth and emission

limitations.

(a) Stations in this service operating

on frequencies in the 27.23–27.28 MHz

band will be authorized to employ only

amplitude modulated or frequency

modulated emission for radiotelephony.

The authorization to use such emissions

will be construed to include authority to

employ unmodulated emission only for

temporary or short periods necessary for

equipment testing incident to the

construction and maintenance of the

station.

(b) Stations in the service operating

on frequencies above 940 MHz may be

authorized to use amplitude modulated,

frequency modulated or pulse type of

emission for radiotelephony and

television. In addition, the use of

unmodulated emission may be

authorized in appropriate cases.

(c) The maximum bandwidths which

will normally be authorized for single

channel operation on frequencies below

500 MHz in this service must not exceed

the limits set forth below:

Type of emission

Authorized

bandwidth

(kHz)

A3E ........................................... 8

F3E or (G3E) ............................ 40

(d) Maximum bandwidths in the

following frequency bands must not

exceed the limits set forth below:

Frequency band (MHz)

Maximum

authorized

bandwidth

(MHz)

3,700 to 4,200 ........................... 20

5,925 to 6,425 ........................... 30

6,425 to 6,525 ........................... 25

10,700 to 12,200 ....................... 40

13,200 to 13,250 ....................... 25
26726 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

Frequency band (MHz)

Maximum

authorized

bandwidth

(MHz)

22,000 to 23,600 ....................... 100

(e) The bandwidths authorized on

frequencies above 500 MHz must be

appropriate to the type of operation in

any particular case. An application

requesting such authorization must fully

describe the modulation, emission, and

bandwidth desired and must specify the

bandwidth to be occupied.

§ 101.811 Modulation requirements.

(a) The use of modulating frequencies

higher than 3000 hertz for single

channel radiotelephony or tone

signaling on frequencies below 500 MHz

is not authorized.

(b) When amplitude modulation is

used, the modulation percentage must

be sufficient to provide efficient

communication and must normally be

maintained above 70 percent on positive

peaks, but may not exceed 100 percent

on negative peaks.

(c) When phase or frequency

modulation is used for single channel

radiotelephony on frequencies below

500 MHz, the deviation arising from

modulation may not exceed plus or

minus 15 kHz from the unmodulated

carrier.

(d) Each unmultiplexed

radiotelephone transmitter having more

than 3 watts plate power input to the

final radio frequency stage and initially

installed at the station in this service

after September 4, 1956, must be

provided with a device that will

automatically prevent modulation in

excess of that specified in paragraphs (b)

and (c) of this section which may be

caused by greater than normal audio

level.

§ 101.813 Remote control operation of

mobile television pickup stations.

(a) Mobile television pickup stations

(including nonbroadcast) may be

operated by remote control from the

fixed locations for periods not to exceed

6 months.

(b) The Commission may, upon

adequate showing by the licensee as to

why the television pickup operations

should not be conducted under a fixed

station authorization, renew the

authority granted under the provisions

of paragraph (a) of this section.

(c) Reference should be made to

§ 101.125 concerning mobile station

antenna height restrictions and to

paragraphs (c) and (f) of § 101.131

concerning control points.

§ 101.815 Stations at temporary fixed

locations.

(a) Authorizations may be issued

upon proper application for the use of

frequencies listed in § 101.803 by

stations in the Local Television

Transmission Service for rendition of

temporary service to subscribers under

the following conditions:

(1) When a fixed station is to remain

at a single location for less than 6

months, the location is considered to be

temporary. Services that are initially

known to be of longer than 6 months’

duration may not be provided under a

temporary fixed authorization but

rendered pursuant to a regular license.

(2) When a fixed station authorized to

operate at temporary locations is

installed and it subsequently becomes

necessary for the station to operate from

such location for more than six months,

application FCC Form 494 for a station

authorization to specify the permanent

location must be filed at least thirty

days prior to the expiration of the six

month period.

(3) The station must be used only for

rendition of communication service at a

remote point where the provision of

wire facilities is not practicable.

(4) The antenna structure height

employed at any location may not

exceed the criteria set forth in § 17.7 of

this chapter unless, in each instance,

authorization for use of a specific

maximum antenna structure height for

each location has been obtained from

the Commission prior to erection of the

antenna. See § 101.125.

(5) Applications for such stations

must comply with the provisions of

§ 101.713.

(b) Applications for authorizations to

operate stations at temporary locations

under the provisions of this section may

be made upon FCC Form 494. Blanket

applications may be submitted for the

required number of transmitters.

(c) Prior coordination of mobile

assignments will be in accordance with

the procedures in § 101.103(d) except

that the prior coordination process for

mobile (temporary fixed) assignments

may be completed orally and the period

allowed for response to a coordination

notification may be less than 30 days if

the parties agree.

§ 101.817 Notification of station operation

at temporary locations.

(a) The licensee of stations authorized

pursuant to § 101.813 must notify the

Commission prior to each period of

operation. This notification may be oral

or written and must include:

(1) The call sign, manufacturer’s

name, type or model number, output

power and specific location of the

transmitter(s);

(2) The maintenance location for the

transmitter;

(3) The location of the transmitting or

receiving station with which it will

communicate and the identity of the

correspondent operating such facilities;

(4) The exact frequency or frequencies

to be used;

(5) The public interest, convenience

and necessity to be served by operation

of the proposed installation;

(6) The commencement and

anticipated termination dates of

operation from each location. In the

event the actual termination date differs

from the previous notification, written

notice thereof promptly must be given

to the Commission;

(7) Where the notification

contemplates initially a service that is to

be rendered for a period longer than 90

days, the notification must contain a

showing as to why application should

not be made for regular authorization;

and

(8) A notification must include

compliance with the provisions of

§ 101.813(c).

(b) A copy of the notification must be

kept with the station license.

§ 101.819 Stations affected by

coordination contour procedures.

In frequency bands shared with the

communication-satellite service,

applicants must also comply with the

requirements of § 101.21.

Note: This attachment will not be

published in the Code of Federal Regulations.

ATTACHMENT—CROSS REFERENCE

TABLE

Present section Final section

Part 21

Subpart A—General

21.1 .................................... 101.1

21.2 .................................... 101.3

Subpart B—Applications and Licenses

21.3 .................................... 101.5

21.4 .................................... 101.7

21.5 .................................... 101.9

21.6 .................................... 101.11

21.7 .................................... 101.15

21.11 .................................. 101.15

21.13 .................................. 101.19

21.15 .................................. 101.21

21.19 .................................. 101.23

21.20 .................................. 101.35

21.21 .................................. 101.25

21.22 .................................. 101.27

21.23 .................................. 101.29

21.25 .................................. 101.31

21.26 .................................. 101.35

21.27 .................................. 101.37
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26727

ATTACHMENT—CROSS REFERENCE

TABLE—Continued

Present section Final section

21.28 .................................. 101.39

21.29 .................................. 101.41

21.30 .................................. 101.43

21.31 .................................. 101.45

21.32 .................................. 101.47

21.33 .................................. 101.49

21.35 .................................. 101.51

21.38 .................................. 101.53

21.39 .................................. 101.55

21.40 .................................. 101.57

21.41 .................................. 101.59

21.42 .................................. 101.61

21.43 .................................. 101.63

21.44 .................................. 101.65

21.45 .................................. 101.67

21.50 .................................. 101.69

Subpart C—Technical Standards

21.100 ................................ 101.103

21.101 ................................ 101.107

21.105 ................................ 101.109

21.106 ................................ 101.111

21.107 ................................ 101.113

21.108 (a) through (e) ....... 101.115(a)–(d)

21.108(e) ............................ 101.145

21.110 ................................ 101.117

21.111 ................................ 101.119

21.112 ................................ 101.121

21.113 ................................ 101.123

21.114 ................................ 101.125

21.116 ................................ 101.127

21.117 ................................ 101.129

21.118 ................................ 101.131

21.119 ................................ 101.133(a)

21.120 ................................ 101.139

21.122 ................................ 101.141

Subpart D—Technical Operations

21.200 ................................ 101.201

21.201 ................................ 101.215

21.209 ................................ 101.205

21.210 ................................ 101.207

21.211 ................................ 101.209

21.214 ................................ 101.211

Subpart E—Miscellaneous

21.301 ................................ 101.301

21.302 ................................ 101.303

21.303 ................................ 101.305

21.304 ................................ 101.307

21.306 ................................ 101.309

21.307 ................................ 101.311

Subpart F—Developmental Authorizations

21.400 ................................ 101.401

21.401 ................................ 101.403

21.402 ................................ 101.405

21.403 ................................ 101.407

21.404 ................................ 101.409

21.405 ................................ 101.411

21.406 ................................ 101.413

Subpart G—Digital Electronic Message

Service

21.500 ................................ 101.501

21.501 ................................ 101.503

ATTACHMENT—CROSS REFERENCE

TABLE—Continued

Present section Final section

21.502 ................................ 101.505

21.503 ................................ 101.507

21.504 ................................ 101.509

21.505 ................................ 101.511

21.506 ................................ 101.513

21.507 ................................ 101.113

21.508 ................................ 101.515

21.509 ................................ 101.517

21.510 ................................ 101.519

21.511 ................................ 101.521

Subpart H—[Reserved]

Subpart I—Point-to-Point Microwave Radio

Service

21.700 ................................ 101.701

21.701 ................................ 101.147

21.702 ................................ 101.113

21.703 ................................ 101.109 and

101.111

21.704 ................................ 101.141

21.705 ................................ 101.703

21.706 ................................ 101.21

21.707 ................................ 101.31

21.708 ................................ 101.31

21.709 ................................ 101.705

21.710 ................................ 101.145 (a)

through (c)

21.710(d) ............................ 101.141

21.711 ................................ 101.149

Subpart J—Local Television Transmission

Service

21.800 ................................ 101.801

21.801 ................................ 101.803

21.802 ................................ 101.805

21.803 ................................ 101.807

21.804 ................................ 101.809

21.805 ................................ 101.811

21.806 ................................ 101.813

21.807 ................................ 101.815

21.808 ................................ 101.817

21.809 ................................ 101.819

Subpart K—Multipoint Distribution Service

[This Subpart retained in Part 21]

Part 94—

Subpart A—General Information

94.1 .................................... 101.1

94.3 .................................... 101.3

94.5 .................................... 101.601

94.7 .................................... 101.7(a)

94.9 .................................... 101.603

94.11(a) .............................. 101.133(b)

94.11(b) .............................. 101.205

94.13 .................................. 101.137

94.15(a) .............................. 101.103(a)

94.15(e) .............................. 101.149

94.15(f) ............................... 101.149

94.15(g) .............................. 101.149

94.17 .................................. 101.135

94.19 .................................. 101.133(c)

ATTACHMENT—CROSS REFERENCE

TABLE—Continued

Present section Final section

Subpart B—Applications, Authorizations,

and Notifications

94.23 .................................. 101.5(a)

94.25(a)(b) ......................... 101.11

94.25(d) .............................. 101.13(b)

94.25 (e) ............................ 101.13(c)

94.25(f) ............................... 101.123(a)

94.25(g) .............................. 101.123(b)

94.25(h) .............................. 101.603(b)(3)

94.25(i) ............................... 101.123(c)

94.25(j) ............................... 101.13(f)

94.25(k) .............................. 101.101

94.27 .................................. 101.13

94.29 .................................. 101.33

94.31(a) .............................. 101.19

94.31(d) .............................. 101.411

94.31(e) .............................. 101.13(b)

94.31(f) ............................... 101.19

94.31(h) .............................. 101.121

94.31(i) ............................... 101.5(c)

94.31(k) .............................. 101.147

94.33 .................................. 101.35

94.35(b) .............................. 101.39(a)

94.37 .................................. 101.47

94.39(a) .............................. 101.67(d)

94.39(b) .............................. 101.409

94.41 .................................. 101.47(d)

94.43 .................................. 101.31

94.45 .................................. 101.57(d)(e)

94.47(a) .............................. 101.53(a)

94.47(b) .............................. 101.55(b)

94.51 .................................. 101.63

94.53 .................................. 101.65(d)

94.59 .................................. 101.69

Subpart C—Technical Standards

94.61 .................................. 101.101

94.63 .................................. 101.105

94.65 .................................. 101.147

94.67 .................................. 101.107

94.69 .................................. 101.109(b)

94.71(a) .............................. 101.109(a)

94.71(b) .............................. 101.109(c)

94.71 .................................. 101.111 (c)

through (e)

94.73 .................................. 101.113

94.75(a)(b) ......................... 101.115

94.75 .................................. 101.115 (d)

through (f)

94.75(h) .............................. 101.517

94.77(a) .............................. 101.145

94.79 .................................. 101.143

94.81 .................................. 101.139

94.83 .................................. 101.131(a)

94.88 .................................. 101.147(r)(10)

94.90 .................................. 101.147(q)

94.91 .................................. 101.147(s )

94.92 .................................. 101.105(d)

94.93 .................................. 101.147(p)

94.94 .................................. 101.141(e)

Subpart D—Station Operating

Requirements

94.101 ................................ 101.209

94.103 ................................ 101.211

94.105 ................................ 101.213

94.107 ................................ 101.215

94.109 ................................ 101.201
26728 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

ATTACHMENT—CROSS REFERENCE

TABLE—Continued

Present section Final section

94.111 ................................ 101.121

94.113 ................................ 101.217

Subpart E—Developmental Operation

94.151 ................................ 101.401

94.153 ................................ 101.407

94.155 ................................ 101.405

94.157 ................................ 101.409(b)

94.159 ................................ 101.409(b)

94.161 ................................ 101.409

94.163 ................................ 101.411

94.165 ................................ 101.413

[FR Doc. 96–12942 Filed 5–24–96; 8:45 am]

BILLING CODE 6712–01–P