[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1998 Edition]
[From the U.S. Government Printing Office]


          47



          Telecommunication



[[Page i]]

          PARTS 20 TO 39

                         Revised as of October 1, 1998

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF OCTOBER 1, 1998
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1998



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 47:
          Chapter I--Federal Communications Commission 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     531
      Alphabetical List of Agencies Appearing in the CFR......     549
      Table of OMB Control Numbers............................     559
      List of CFR Sections Affected...........................     569



[[Page iv]]


      


                     ----------------------------

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

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
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name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

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HOW TO USE THE CODE OF FEDERAL REGULATIONS

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OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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OBSOLETE PROVISIONS

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that volume.
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This index is based on a consolidation of the ``Contents'' entries in 
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the revision dates of the 50 CFR titles.

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in the Code of Federal Regulations.

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volume, contact the issuing agency. The issuing agency's name appears at 
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[[Page vii]]

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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 1998.



[[Page ix]]



                               THIS TITLE

    Title 47--Telecommunication is composed of five volumes. The parts 
in these volumes are arranged in the following order: Parts 0-19, parts 
20-39, parts 40-69, parts 70-79, and part 80 to End, chapter I--Federal 
Communications Commission. The last volume, part 80 to End, also 
includes chapter II--Office of Science and Technology Policy and 
National Security Council, and chapter III--National Telecommunications 
and Information Administration, Department of Commerce. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 1998.

    Part 73 contains a numerical designation of FM broadcast channels 
(Sec. 73.201) and a table of FM allotments designated for use in 
communities in the United States, its territories, and possessions 
(Sec. 73.202). Part 73 also contains a numerical designation of 
television channels (Sec. 73.603) and a table of allotments which 
contain channels designated for the listed communities in the United 
States, its territories, and possessions (Sec. 73.606).

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

    A redesignation table appears in the Finding Aids section of the 
volume containing part 80 to End.

    For this volume, Melanie L. Marcec was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]




[[Page 1]]



                               TITLE 47--





                            TELECOMMUNICATION




                   (This book contains parts 20 to 39)

  --------------------------------------------------------------------

                                                                    Part

chapter i--Federal Communications Commission (Continued)....          20

[[Page 3]]



                    CHAPTER I--FEDERAL COMMUNICATIONS






                         COMMISSION (Continued)




  --------------------------------------------------------------------

                  SUBCHAPTER B--COMMON CARRIER SERVICES

Part                                                                Page
20              Commercial mobile radio services............           5
21              Domestic public fixed radio services........          17
22              Public mobile services......................          89
23              International fixed public 
                    radiocommunication services.............         217
24              Personal communications services............         236
25              Satellite communications....................         304
26              General wireless communications service.....         362
27              Wireless communications service.............         386
32              Uniform system of accounts for 
                    telecommunications companies............         413
36              Jurisdictional separations procedures; 
                    standard procedures for separating 
                    telecommunications property costs, 
                    revenues, expenses, taxes and reserves 
                    for telecommunications companies........         487
37--39

[Reserved]

Cross Reference:   

  Excise taxes on communications services and facilities: Internal 
Revenue, 26 CFR Part 49.


Supplemental Publications:   

  Annual Reports of the Federal Communications Commission to Congress.

  Federal Communications Commission Reports of Orders and Decisions.

  Communications Act of 1934 (with amendments and index thereto), Recap. 
Version, January 1974, Packets No. 1 through 6.


Miscellaneous Publications:   

  Study Guide and Reference Material for Commercial Radio Operator 
Examinations, May 1979 edition.

[[Page 5]]



                  SUBCHAPTER B--COMMON CARRIER SERVICES





PART 20--COMMERCIAL MOBILE RADIO SERVICES--Table of Contents




Sec.
20.1  Purpose.
20.3  Definitions.
20.5  Citizenship.
20.6  CMRS spectrum aggregation limit.
20.7  Mobile services.
20.9  Commercial mobile radio service.
20.11  Interconnection to facilities of local exchange carriers.
20.12  Resale and roaming.
20.13  State petitions for authority to regulate rates.
20.15  Requirements under Title II of the Communications Act.
20.18  911 Service.
20.20  Conditions applicable to provision of CMRS service by incumbent 
          Local Exchange Carriers.

    Authority: 47 U.S.C. 154, 160, 251-254, 303, and 332 unless 
otherwise noted.

    Source: 59 FR 18495, Apr. 19, 1994, unless otherwise noted.



Sec. 20.1  Purpose.

    The purpose of these rules is to set forth the requirements and 
conditions applicable to commercial mobile radio service providers.



Sec. 20.3  Definitions.

    Automatic Number Identification (ANI). A system that identifies the 
billing account for a call. For 911 systems, the ANI identifies the 
calling party and may be used as a call back number.
    Commercial mobile radio service. A mobile service that is:
    (a)(1) provided for profit, i.e., with the intent of receiving 
compensation or monetary gain;
    (2) An interconnected service; and
    (3) Available to the public, or to such classes of eligible users as 
to be effectively available to a substantial portion of the public; or
    (b) The functional equivalent of such a mobile service described in 
paragraph (a) of this section.
    Designated PSAP. The Public Safety Answering Point (PSAP) designated 
by the local or state entity that has the authority and responsibility 
to designate the PSAP to receive wireless 911 calls.
    Incumbent Wide Area SMR Licensees. Licensees who have obtained 
extended implementation authorizations in the 800 MHz or 900 MHz 
service, either by waiver or under Section 90.629 of these rules, and 
who offer real-time, two-way voice service that is interconnected with 
the public switched network.
    Interconnection or Interconnected. Direct or indirect connection 
through automatic or manual means (by wire, microwave, or other 
technologies such as store and forward) to permit the transmission or 
reception of messages or signals to or from points in the public 
switched network.
    Interconnected Service. A service: (a) That is interconnected with 
the public switched network, or interconnected with the public switched 
network through an interconnected service provider, that gives 
subscribers the capability to communicate to or receive communication 
from all other users on the public switched network; or
    (b) For which a request for such interconnection is pending pursuant 
to section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 
332(c)(1)(B). A mobile service offers interconnected service even if the 
service allows subscribers to access the public switched network only 
during specified hours of the day, or if the service provides general 
access to points on the public switched network but also restricts 
access in certain limited ways. Interconnected service does not include 
any interface between a licensee's facilities and the public switched 
network exclusively for a licensee's internal control purposes.
    Mobile Service. A radio communication service carried on between 
mobile stations or receivers and land stations, and by mobile stations 
communicating among themselves, and includes:
    (a) Both one-way and two-way radio communications services;
    (b) A mobile service which provides a regularly interacting group of 
base, mobile, portable, and associated control and relay stations 
(whether licensed on an individual, cooperative, or multiple basis) for 
private one-way or

[[Page 6]]

two-way land mobile radio communications by eligible users over 
designated areas of operation; and
    (c) Any service for which a license is required in a personal 
communications service under part 24 of this chapter.
    Private Mobile Radio Service. A mobile service that is neither a 
commercial mobile radio service nor the functional equivalent of a 
service that meets the definition of commercial mobile radio service. 
Private mobile radio service includes the following:
    (a) Not-for-profit land mobile radio and paging services that serve 
the licensee's internal communications needs as defined in part 90 of 
this chapter. Shared-use, cost-sharing, or cooperative arrangements, 
multiple licensed systems that use third party managers or users 
combining resources to meet compatible needs for specialized internal 
communications facilities in compliance with the safeguards of 
Sec. 90.179 of this chapter are presumptively private mobile radio 
services;
    (b) Mobile radio service offered to restricted classes of eligible 
users. This includes entities eligible in the Public Safety Radio Pool 
and Radiolocation service.
    (c) 220-222 MHz land mobile service and Automatic Vehicle Monitoring 
systems (part 90 of this chapter) that do not offer interconnected 
service or that are not-for-profit; and
    (d) Personal Radio Services under part 95 of this chapter (General 
Mobile Services, Radio Control Radio Services, and Citizens Band Radio 
Services); Maritime Service Stations (excluding Public Coast stations) 
(part 80 of this chapter); and Aviation Service Stations (part 87 of 
this chapter).
    Pseudo Automatic Number Identification (Pseudo-ANI). A number, 
consisting of the same number of digits as ANI, that is not a North 
American Numbering Plan telephone directory number and may be used in 
place of an ANI to convey special meaning. The special meaning assigned 
to the pseudo-ANI is determined by agreements, as necessary, between the 
system originating the call, intermediate systems handling and routing 
the call, and the destination system.
    Public Safety Answering Point. A point that has been designated to 
receive 911 calls and route them to emergency service personnel.
    Public Switched Network. Any common carrier switched network, 
whether by wire or radio, including local exchange carriers, 
interexchange carriers, and mobile service providers, that use the North 
American Numbering Plan in connection with the provision of switched 
services.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38402, July 24, 1996; 
61 FR 40352, Aug. 2, 1996; 62 FR 18843, Apr. 17, 1997; 63 FR 2637, Jan. 
16, 1998]



Sec. 20.5  Citizenship.

    (a) This rule implements section 310 of the Communications Act, 47 
U.S.C. 310, regarding the citizenship of licensees in the commercial 
mobile radio services. Commercial mobile radio service authorizations 
may not be granted to or held by:
    (1) Any foreign government or any representative thereof;
    (2) Any alien or the representative of any alien;
    (3) Any corporation organized under the laws of any foreign 
government;
    (4) Any corporation of which more than one-fifth 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 country; or
    (5) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the Commission finds that the 
public interest will be served by the refusal or revocation of such 
license.
    (b) The limits listed in paragraph (a) of this section may be 
exceeded by eligible individuals who held ownership interests on May 24, 
1993, pursuant to the waiver provisions established in section 332(c)(6) 
of the Communications Act. Transfers of ownership to any other person in 
violation of paragraph (a) of this section are prohibited.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996]

[[Page 7]]



Sec. 20.6  CMRS spectrum aggregation limit.

    (a) 45 MHz limitation. No licensee in the broadband PCS, cellular, 
or SMR services (including all parties under common control) regulated 
as CMRS (see Sec. 20.9) shall have an attributable interest in a total 
of more than 45 MHz of licensed broadband PCS, cellular, and SMR 
spectrum regulated as CMRS with significant overlap in any geographic 
area.
    (b) SMR spectrum. To calculate the amount of attributable SMR 
spectrum for purposes of paragraph (a) of this section, an entity must 
count all 800 MHz channels and 900 MHz channels located at any SMR base 
station inside the geographic area (MTA or BTA) where there is 
significant overlap. All 800 MHz channels located on at least one of 
those identified base stations count as 50 kHz (25 kHz paired), and all 
900 MHz channels located on at least one of those identified base 
stations count as 25 kHz (12.5 kHz paired), except that no more than 10 
MHz of SMR spectrum in the 800 MHz SMR service will be attributed to an 
entity when determining compliance with the cap.
    (c) Significant overlap. (1) For purposes of paragraph (a) of this 
section, significant overlap of a PCS licensed service area and CGSA(s) 
(as defined in Sec. 22.911 of this chapter) or SMR service area(s) 
occurs when at least 10 percent of the population of the PCS licensed 
service area, as determined by the 1990 census figures for the counties 
contained therein, is within the CGSA(s) and/or SMR service area(s).
    (2) The Commission shall presume that an SMR service area covers 
less than 10 percent of the population of a PCS service area if none of 
the base stations of the SMR licensee is located within the PCS service 
area. For an SMR licensee's base stations that are located within a PCS 
service area, the channels licensed at those sites will be presumed to 
cover 10 percent of the population of the PCS service area, unless the 
licensee shows that its protected service contour for all of its base 
stations covers less than 10 percent of the population of the PCS 
service area.
    (d) Ownership attribution. For purposes of paragraph (a) of this 
section, ownership and other interests in broadband PCS licensees, 
cellular licensees, or SMR licensees will be attributed to their holders 
pursuant to the following criteria:
    (1) Controlling interest shall be attributable. Controlling interest 
means majority voting equity ownership, any general partnership 
interest, or any means of actual working control (including negative 
control) over the operation of the licensee, in whatever manner 
exercised.
    (2) Partnership and other ownership interests and any stock interest 
amounting to 20 percent or more of the equity, or outstanding stock, or 
outstanding voting stock of a broadband PCS, cellular or SMR licensee 
shall be attributed, except that ownership will not be attributed unless 
the partnership and other ownership interests and any stock interest 
amount to at least 40 percent of the equity, or outstanding stock, or 
outstanding voting stock of a broadband PCS, cellular or SMR licensee if 
the ownership interest is held by a small business or a rural telephone 
company, as these terms are defined in Sec. 1.2110 of this chapter or 
other related provisions of the Commission's rules, or if the ownership 
interest is held by an entity with a non-controlling equity interest in 
a broadband PCS licensee or applicant that is a small business.
    (3) Stock interests held in trust shall be attributed to any person 
who holds or shares the power to vote such stock to any person who has 
the sole power to sell such stock, and, in the case of stock held in 
trust, to any person who has the right to revoke the trust at will or to 
replace the trustee at will. If the trustee has a familial, personal, or 
extra-trust business relationship to the grantor or the beneficiary, the 
grantor or beneficiary, as appropriate, will be attributed with the 
stock interests held in trust.
    (4) Non-voting stock shall be attributed as an interest in the 
issuing entity if in excess of the amounts set forth in paragraph (d)(2) 
of this section.
    (5) Debt and instruments such as warrants, convertible debentures, 
options, or other interests (except non-voting stock) with rights of 
conversion to voting interests shall not be attributed

[[Page 8]]

unless and until conversion is effected, except that this provision does 
not apply in determining whether an entity is a small business, a rural 
telephone company, or a business owned by minorities and/or women, as 
these terms are defined in Sec. 1.2110 of this chapter or other related 
provisions of the Commission's rules.
    (6) Limited partnership interests shall be attributed to limited 
partners and shall be calculated according to both the percentage of 
equity paid in and the percentage of distribution of profits and losses.
    (7) Officers and directors of a broadband PCS licensee or applicant, 
cellular licensee, or SMR licensee shall be considered to have an 
attributable interest in the entity with which they are so associated. 
The officers and directors of an entity that controls a broadband PCS 
licensee or applicant, a cellular licensee, or an SMR licensee shall be 
considered to have an attributable interest in the broadband PCS 
licensee or applicant, cellular licensee, or SMR licensee.
    (8) Ownership interests that are held indirectly by any party 
through one or more intervening corporations will be determined by 
successive multiplication of the ownership percentages for each link in 
the vertical ownership chain and application of the relevant attribution 
benchmark to the resulting product, except that if the ownership 
percentage for an interest in any link in the chain exceeds 50 percent 
or represents actual control, it shall be treated as if it were a 100 
percent interest.
    (9) Any person who manages the operations of a broadband PCS, 
cellular, or SMR licensee pursuant to a management agreement shall be 
considered to have an attributable interest in such licensee if such 
person, or its affiliate has authority to make decisions or otherwise 
engage in practices or activities that determine, or significantly 
influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (10) Any licensee or its affiliate who enters into a joint marketing 
arrangements with a broadband PCS, cellular, or SMR licensee, or its 
affiliate shall be considered to have an attributable interest, if such 
licensee, or its affiliate has authority to make decisions or otherwise 
engage in practices or activities that determine, or significantly 
influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (e) Divestiture. (1) Any party holding controlling or attributable 
ownership interests in broadband PCS, cellular, and/or SMR licensees 
regulated as CMRS providers that would exceed the spectrum aggregation 
limitation defined in paragraph (a) of this section, if granted 
additional licenses, may be a party to a broadband PCS, cellular, or SMR 
application (i.e., have a controlling or attributable interest in the 
applicant), and such applicant will be eligible for licenses amounting 
to more than 45 MHz of broadband PCS, cellular, and/or SMR spectrum 
regulated as CMRS in a geographical area, pursuant to the divestiture 
procedures set forth in paragraphs (e)(2) through (e)(4) of this 
section; provided, however, that in the case of parties holding 
controlling or attributable ownership interests in broadband PCS, 
cellular, and/or SMR licensees, these divestiture procedures shall be 
available only to:
    (i) Parties with controlling or attributable ownership interests in 
broadband PCS, cellular, and/or SMR licenses where the geographic 
license areas cover 20 percent or less of the applicant's service area 
population;
    (ii) Parties with attributable interests in broadband PCS, cellular, 
and/or SMR licenses solely due to management agreements or joint 
marketing agreements; and
    (iii) Parties with non-controlling attributable interests in 
broadband PCS, cellular, and/or SMR licenses, regardless of the degree 
to which the geographic license areas cover the applicant's service area 
population. For purposes of this paragraph, a ``non-controlling 
attributable interest'' is one in

[[Page 9]]

which the holder has less than a fifty (50) percent voting interest and 
there is an unaffiliated single holder of a fifty (50) percent or 
greater voting interest.
    (2) The applicant for a license that, if granted, would exceed the 
45 MHz limitation shall certify on its application that it and all 
parties to the application will come into compliance with this 
limitation.
    (3) If such an applicant is a successful bidder in an auction, it 
must submit with its long-form application a signed statement describing 
its efforts to date and future plans to come into compliance with the 45 
MHz spectrum limitation. A similar statement must also be included with 
any application for assignment of licenses or transfer of control that, 
if granted, would exceed the spectrum aggregation limit.
    (4) If such an applicant is otherwise qualified, its application 
will be granted subject to a condition that the licensee shall come into 
compliance with the 45 MHz spectrum limitation within ninety (90) days 
of final grant.
    (i) Parties holding controlling interests in broadband PCS, 
cellular, and/or SMR licensees that conflict with the attribution 
threshold or geographic overlap limitations set forth in this section 
will be considered to have come into compliance if they have submitted 
to the Commission an application for assignment of license or transfer 
of control of the conflicting licensee (see Secs. 24.839 of this chapter 
(PCS), 22.39 of this chapter (cellular), 90.158 of this chapter (SMR)) 
by which, if granted, such parties no longer would have an attributable 
interest in the conflicting license. If no such assignment or transfer 
application is tendered to the Commission within ninety (90) days of 
final grant of the initial license, the Commission may consider the 
certification and the divestiture statement to be material, bad faith 
misrepresentations and shall invoke the condition on the initial license 
or the assignment or transfer, cancelling or rescinding it 
automatically, shall retain all monies paid to the Commission, and, 
based on the facts presented, shall take any other action it may deem 
appropriate. Divestiture may be to an interim trustee if a buyer has not 
been secured in the required period of time, as long as the applicant 
has no interest in or control of the trustee, and the trustee may 
dispose of the license as it sees fit.
    (ii) Where parties to broadband PCS, cellular, or SMR applications 
hold less than controlling (but still attributable) interests in 
broadband PCS, cellular, or SMR licensee(s), they shall submit, within 
ninety (90) days of final grant, a certification that the applicant and 
all parties to the application have come into compliance with the 
limitations on spectrum aggregation set forth in this section.

    Note 1 to Sec. 20.6: For purposes of the ownership attribution 
limit, all ownership interests in operations that serve at least 10 
percent of the population of the PCS service area should be included in 
determining the extent of a PCS applicant's cellular or SMR ownership.

    Note 2 to Sec. 20.6: When a party owns an attributable interest in 
more than one cellular or SMR system that overlaps a PCS service area, 
the total population in the overlap area will apply on a cumulative 
basis.

    Note 3 to Sec. 20.6: Waivers of Sec. 20.6(d) may be granted upon an 
affirmative showing:

    (1) That the interest holder has less than a 50 percent voting 
interest in the licensee and there is an unaffiliated single holder of a 
50 percent or greater voting interest;
    (2) That the interest holder is not likely to affect the local 
market in an anticompetitive manner;
    (3) That the interest holder is not involved in the operations of 
the licensee and does not have the ability to influence the licensee on 
a regular basis; and
    (4) That grant of a waiver is in the public interest because the 
benefits to the public of common ownership outweigh any potential 
anticompetitive harm to the market.


[59 FR 59953, Nov. 21, 1994, as amended at 59 FR 61829, Dec. 2, 1994; 60 
FR 37795, July 21, 1995; 61 FR 33867, July 1, 1996; 61 FR 51234, Oct. 1, 
1996]



Sec. 20.7  Mobile services.

    The following are mobile services within the meaning of sections 
3(n) and 332 of the Communications Act, 47 U.S.C. 153(n), 332.
    (a) Public mobile services (part 22 of this chapter), including 
fixed operations that support the mobile systems, but excluding Rural 
Radio Service and Basic Exchange Telecommunications Radio Service (part 
22, subpart H of this chapter);

[[Page 10]]

    (b) Private land mobile services (part 90 of this chapter), 
including secondary fixed operations, but excluding fixed services such 
as call box operations and meter reading;
    (c) Mobile satellite services (part 25 of this chapter) including 
dual-use equipment, terminals capable of transmitting while a platform 
is moving, but excluding satellite facilities provided through a 
transportable platform that cannot move when the communications service 
is offered;
    (d) Marine and aviation services (parts 80 and 87 of this chapter), 
including fixed operations that support these marine and aviation mobile 
systems;
    (e) Personal radio services (part 95 of this chapter), but excluding 
Interactive Video and Data Service;
    (f) Personal communications services (part 24 of this chapter);
    (g) Auxiliary services provided by mobile service licensees, and 
ancillary fixed communications offered by personal communications 
service providers;
    (h) Unlicensed services meeting the definition of commercial mobile 
radio service in Sec. 20.3, such as the resale of commercial mobile 
radio services, but excluding unlicensed radio frequency devices under 
part 15 of this chapter (including unlicensed personal communications 
service devices).



Sec. 20.9  Commercial mobile radio service.

    (a) The following mobile services shall be treated as common 
carriage services and regulated as commercial mobile radio services 
(including any such service offered as a hybrid service or offered on an 
excess capacity basis to the extent it meets the definition of 
commercial mobile radio service, or offered as an auxiliary or ancillary 
service), pursuant to Section 332 of the Communications Act, 47 U.S.C. 
332:
    (1) Private Paging (part 90 of this chapter), excluding not-for-
profit paging systems that serve only the licensee's own internal 
communications needs;
    (2) Stations that offer Industrial/Business Pool (Sec. 90.35 of this 
chapter) eligibles for-profit, interconnected service;
    (3) Land Mobile Systems on 220-222 MHz (part 90 of this chapter), 
except services that are not-for-profit or do not offer interconnected 
service;
    (4) Specialized Mobile Radio services that provide interconnected 
service (part 90 of this chapter);
    (5) Public Coast Stations (part 80, subpart J of this chapter);
    (6) Public Land Mobile Service (paging, mobile telephone, improved 
mobile telephone, trunked mobile, and 454 MHz air-ground services) (part 
22, subpart G of this chapter);
    (7) Domestic Public Cellular Radio Telecommunications Service (part 
22, subpart K of this chapter);
    (8) 800 MHz Air-Ground Radiotelephone Service (part 22, subpart M of 
this chapter);
    (9) Offshore Radio Service (part 22, subpart L of this chapter);
    (10) Any mobile satellite service involving the provision of 
commercial mobile radio service (by licensees or resellers) directly to 
end users, except that mobile satellite licensees and other entities 
that sell or lease space segment capacity, to the extent that it does 
not provide commercial mobile radio service directly to end users, may 
provide space segment capacity to commercial mobile radio service 
providers on a non-common carrier basis, if so authorized by the 
Commission;
    (11) Personal Communications Services (part 24 of this chapter), 
except as provided in paragraph (b) of this section;
    (12) For-profit subsidiary communications services transmitted on 
subcarriers within the FM baseband signal, that provide interconnected 
service (47 CFR 73.295 of this chapter); and
    (13) A mobile service that is the functional equivalent of a 
commercial mobile radio service.
    (i) A mobile service that does not meet the definition of commercial 
mobile radio service is presumed to be a private mobile radio service.
    (ii) Any interested party may seek to overcome the presumption that 
a particular mobile radio service is a private mobile radio service by 
filing a petition for declaratory ruling challenging a mobile service 
provider's regulatory treatment as a private mobile radio service.

[[Page 11]]

    (A) The petition must show that: (1) The mobile service in question 
meets the definition of commercial mobile radio service; or
    (2) The mobile service in question is the functional equivalent of a 
service that meets the definition of a commercial mobile radio service.
    (B) A variety of factors will be evaluated to make a determination 
whether the mobile service in question is the functional equivalent of a 
commercial mobile radio service, including: consumer demand for the 
service to determine whether the service is closely substitutable for a 
commercial mobile radio service; whether changes in price for the 
service under examination, or for the comparable commercial mobile radio 
service would prompt customers to change from one service to the other; 
and market research information identifying the targeted market for the 
service under review.
    (C) The petition must contain specific allegations of fact supported 
by affidavit(s) of person(s) with personal knowledge. The petition must 
be served on the mobile service provider against whom it is filed and 
contain a certificate of service to this effect. The mobile service 
provider may file an opposition to the petition and the petitioner may 
file a reply. The general rules of practice and procedure contained in 
Secs. 1.1 through 1.52 of this chapter shall apply.
    (b) Licensees of a Personal Communications Service or applicants for 
a Personal Communications Service license, and Public Coast Station 
licensees or applicants, proposing to use any Personal Communications 
Service or Public Coast Station spectrum to offer service on a private 
mobile radio service basis must overcome the presumption that Personal 
Communications Service and Public Coast Stations are commercial mobile 
radio services.
    (1) The applicant or licensee (who must file an application to 
modify its authorization) seeking authority to dedicate a portion of the 
spectrum for private mobile radio service, must include a certification 
that it will offer Personal Communications Service or Public Coast 
Station service on a private mobile radio service basis. The 
certification must include a description of the proposed service 
sufficient to demonstrate that it is not within the definition of 
commercial mobile radio service in Sec. 20.3 of this chapter. Any 
application requesting to use any Personal Communications Service or 
Public Coast Station spectrum to offer service on a private mobile radio 
service basis will be placed on public notice by the Commission.
    (2) Any interested party may file a petition to deny the application 
within 30 days after the date of public notice announcing the acceptance 
for filing of the application. The petition shall contain specific 
allegations of fact supported by affidavit(s) of person(s) with personal 
knowledge to show that the applicant's request does not rebut the 
commercial mobile radio service presumption. The petition must be served 
on the applicant and contain a certificate of service to this effect. 
The applicant may file an opposition with allegations of fact supported 
by affidavit. The petitioner may file a reply. No additional pleadings 
will be allowed. The general rules of practice and procedure contained 
in Secs. 1.1 through 1.52 of this chapter and Sec. 22.30 of this chapter 
shall apply.
    (c) Any provider of private land mobile service before August 10, 
1993 (including any system expansions, modifications, or acquisitions of 
additional licenses in the same service, even if authorized after this 
date), and any private paging service utilizing frequencies allocated as 
of January 1, 1993, that meet the definition of commercial mobile radio 
service, shall, except for purposes of Sec. 20.5 (applicable August 10, 
1993 for the providers listed in this paragraph), be treated as private 
mobile radio service until August 10, 1996. After this date, these 
entities will be treated as commercial mobile radio service providers 
regulated under this part.

[59 FR 18495, Apr. 19, 1994, as amended at 62 FR 18843, Apr. 17, 1997; 
63 FR 40062, July 27, 1998]



Sec. 20.11  Interconnection to facilities of local exchange carriers.

    (a) A local exchange carrier must provide the type of 
interconnection

[[Page 12]]

reasonably requested by a mobile service licensee or carrier, within a 
reasonable time after the request, unless such interconnection is not 
technically feasible or economically reasonable. Complaints against 
carriers under section 208 of the Communications Act, 47 U.S.C. 208, 
alleging a violation of this section shall follow the requirements of 
Secs. 1.711-1.734 of this chapter, 47 CFR 1.711-1.734.
    (b) Local exchange carriers and commercial mobile radio service 
providers shall comply with principles of mutual compensation.
    (1) A local exchange carrier shall pay reasonable compensation to a 
commercial mobile radio service provider in connection with terminating 
traffic that originates on facilities of the local exchange carrier.
    (2) A commercial mobile radio service provider shall pay reasonable 
compensation to a local exchange carrier in connection with terminating 
traffic that originates on the facilities of the commercial mobile radio 
service provider.
    (c) Local exchange carriers and commercial mobile radio service 
providers shall also comply with applicable provisions of part 51 of 
this chapter.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996]



Sec. 20.12  Resale and roaming.

    (a) Scope of section. This section is applicable only to providers 
of Broadband Personal Communications Services (part 24, subpart E of 
this chapter), providers of Cellular Radio Telephone Service (part 22, 
subpart H of this chapter), providers of Specialized Mobile Radio 
Services in the 800 MHz and 900 MHz bands that hold geographic area 
licenses (included in Part 90, Subpart S of this chapter) and offer 
real-time, two-way voice service that is interconnected with the public 
switched network, and Incumbent Wide Area SMR Licensees.
    (b) Resale. Each carrier subject to this section must permit 
unrestricted resale of its service. This paragraph shall cease to be 
effective five years after the last group of initial licenses for 
broadband PCS spectrum in the 1850-1910 and 1930-1990 MHz bands is 
awarded.
    (c) Roaming. Each licensee subject to this section must provide 
mobile radio service upon request to all subscribers in good standing to 
the services of any carrier subject to this section, including roamers, 
while such subscribers are located within any portion of the licensee's 
licensed service area where facilities have been constructed and service 
to subscribers has commenced, if such subscribers are using mobile 
equipment that is technically compatible with the licensee's base 
stations.

[61 FR 38402, July 24, 1996, as amended at 61 FR 43981, Aug. 27, 1996]



Sec. 20.13  State petitions for authority to regulate rates.

    (a) States may petition for authority to regulate the intrastate 
rates of any commercial mobile radio service. The petition must include 
the following:
    (1) Demonstrative evidence that market conditions in the state for 
commercial mobile radio services do not adequately protect subscribers 
to such services from unjust and unreasonable rates or rates that are 
unjustly or unreasonably discriminatory. Alternatively, a state's 
petition may include demonstrative evidence showing that market 
conditions for commercial mobile radio services do not protect 
subscribers adequately from unjust and unreasonable rates, or rates that 
are unjustly or unreasonably discriminatory, and that a substantial 
portion of the commercial mobile radio service subscribers in the state 
or a specified geographic area have no alternative means of obtaining 
basic telephone service. This showing may include evidence of the range 
of basic telephone service alternatives available to consumers in the 
state.
    (2) The following is a non-exhaustive list of examples of the types 
of evidence, information, and analysis that may be considered pertinent 
to determine market conditions and consumer protection by the Commission 
in reviewing any petition filed by a state under this section:
    (i) The number of commercial mobile radio service providers in the 
state, the types of services offered by commercial mobile radio service 
providers in the state, and the period of time that these

[[Page 13]]

providers have offered service in the state;
    (ii) The number of customers of each commercial mobile radio service 
provider in the state; trends in each provider's customer base during 
the most recent annual period or other data covering another reasonable 
period if annual data is unavailable; and annual revenues and rates of 
return for each commercial mobile radio service provider;
    (iii) Rate information for each commercial mobile radio service 
provider, including trends in each provider's rates during the most 
recent annual period or other data covering another reasonable period if 
annual data is unavailable;
    (iv) An assessment of the extent to which services offered by the 
commercial mobile radio service providers the state proposes to regulate 
are substitutable for services offered by other carriers in the state;
    (v) Opportunities for new providers to enter into the provision of 
competing services, and an analysis of any barriers to such entry;
    (vi) Specific allegations of fact (supported by affidavit of person 
with personal knowledge) regarding anti-competitive or discriminatory 
practices or behavior by commercial mobile radio service providers in 
the state;
    (vii) Evidence, information, and analysis demonstrating with 
particularity instances of systematic unjust and unreasonable rates, or 
rates that are unjust or unreasonably discriminatory, imposed upon 
commercial mobile radio service subscribers. Such evidence should 
include an examination of the relationship between rates and costs. 
Additionally, evidence of a pattern of such rates, that demonstrates the 
inability of the commercial mobile radio service marketplace in the 
state to produce reasonable rates through competitive forces will be 
considered especially probative; and
    (viii) Information regarding customer satisfaction or 
dissatisfaction with services offered by commercial mobile radio service 
providers, including statistics and other information about complaints 
filed with the state regulatory commission.
    (3) Petitions must include a certification that the state agency 
filing the petition is the duly authorized state agency responsible for 
the regulation of telecommunication services provided in the state.
    (4) Petitions must identify and describe in detail the rules the 
state proposes to establish if the petition is granted.
    (5) States have the burden of proof. Interested parties may file 
comments in support or in opposition to the petition within 30 days 
after public notice of the filing of a petition by a state under this 
section. Any interested party may file a reply within 15 days after the 
expiration of the filing period for comments. No additional pleadings 
may be filed. Except for Sec. 1.45 of this chapter, practice and 
procedure rules contained in Secs. 1.42-1.52 of this chapter shall 
apply. The provisions of Secs. 1.771-1.773 of this chapter do not apply.
    (6) The Commission shall act upon any petition filed by a state 
under this paragraph not later than the end of the nine-month period 
after the filing of the petition.
    (7) If the Commission grants the petition, it shall authorize the 
state to regulate rates for commercial mobile radio services in the 
state during a reasonable period of time, as specified by the 
Commission. The period of time specified by the Commission will be that 
necessary to ensure that rates are just and reasonable, or not unjustly 
or unreasonably discriminatory.
    (b) States that regulated rates for commercial mobile services as of 
June 1, 1993, may petition the Commission under this section before 
August 10, 1994, to extend this authority.
    (1) The petition will be acted upon by the Commission in accordance 
with the provisions of paragraphs (a)(1) through (a)(5) of this section.
    (2) The Commission shall act upon the petition (including any 
reconsideration) not later than the end of the 12-month period following 
the date of the filing of the petition by the state involved. Commercial 
mobile radio service providers offering such service in the state shall 
comply with the existing regulations of the state until the petition and 
any reconsideration of the

[[Page 14]]

petition are acted upon by the Commission.
    (3) The provisions of paragraph (a)(7) of this section apply to any 
petition granted by the Commission under this paragraph.
    (c) No sooner than 18 months from grant of authority by the 
Commission under this section for state rate regulations, any interested 
party may petition the Commission for an order to discontinue state 
authority for rate regulation.
    (1) Petitions to discontinue state authority for rate regulation 
must be based on recent empirical data or other significant evidence 
demonstrating that the exercise of rate authority by a state is no 
longer necessary to ensure that the rates for commercial mobile are just 
and reasonable or not unjustly or unreasonably discriminatory.
    (2) Any interested party may file comments in support of or in 
opposition to the petition within 30 days after public notice of the 
filing of the petition. Any interested party may file a reply within 15 
days after the time for filing comments has expired. No additional 
pleadings may be filed. Except for 1.45 of this chapter, practice and 
procedure rules contained in Sec. 1.42-1.52 of this chapter apply. The 
provisions of Secs. 1.771-1.773 of this chapter do not apply.
    (3) The Commission shall act upon any petition filed by any 
interested party under this paragraph within nine months after the 
filing of the petition.



Sec. 20.15  Requirements under Title II of the Communications Act.

    (a) Commercial mobile radio services providers, to the extent 
applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216, 
217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C. 
201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68 
of this chapter, 47 CFR part 68; and Secs. 1.701-1.748, and 1.815 of 
this chapter, 47 CFR 1.701-1.748, 1.815.
    (b) Commercial mobile radio service providers are not required to:
    (1) File with the Commission copies of contracts entered into with 
other carriers or comply with other reporting requirements, or with 
Secs. 1.781-1.814 and 43.21 of this chapter;
    (2) Seek authority for interlocking directors (section 212 of the 
Communications Act);
    (3) Submit applications for new facilities or discontinuance of 
existing facilities (section 214 of the Communications Act).
    (c) Commercial mobile radio service providers shall not file tariffs 
for interstate service to their customers, interstate access service, or 
interstate operator service. Sections 1.771-1.773 and part 61 of this 
chapter are not applicable to interstate services provided by commercial 
mobile radio service providers. Commercial mobile radio service 
providers shall cancel tariffs for interstate service to their 
customers, interstate access service, and interstate operator service.
    (d) Nothing in this section shall be construed to modify the 
Commission's rules and policies on the provision of international 
service under Part 63 of this chapter, except that a commercial mobile 
radio service provider is not required to file tariffs for its provision 
of international service to markets where it does not have an 
affiliation with a foreign carrier that collects settlement payments 
from U.S. carriers. For purposes of this paragraph, affiliation is 
defined in Sec. 63.18(h)(1)(i) of this chapter.
    (e) For obligations of commercial mobile radio service providers to 
provide local number portability, see Sec. 52.1 of this chapter.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996; 
63 FR 43040, Aug. 11, 1998]



Sec. 20.18  911 Service.

    (a) Scope of section. The following requirements are only applicable 
to Broadband Personal Communications Services (part 24, subpart E of 
this chapter), Cellular Radio Telephone Service (part 22, subpart H of 
this chapter), and Geographic Area Specialized Mobile Radio Services and 
Incumbent Wide Area SMR Licensees in the 800 MHz and 900 MHz bands 
(included in part 90, subpart S of this chapter). In addition, service 
providers in these enumerated services are subject to the following 
requirements solely to the extent that they offer real-time, two way 
switched voice service that is interconnected with the public

[[Page 15]]

switched network and utilize an in-network switching facility which 
enables the provider to reuse frequencies and accomplish seamless hand-
offs of subscriber calls.
    (b) Basic 911 Service. Licensees subject to this section must 
transmit all wireless 911 calls without respect to their call validation 
process to a Public Safety Answering Point, provided that ``all wireless 
911 calls'' is defined as ``any call initiated by a wireless user 
dialing 911 on a phone using a compliant radio frequency protocol of the 
serving carrier.''
    (c) TTY Access to 911 Services. Licensees subject to this section 
must be capable of transmitting 911 calls from individuals with speech 
or hearing disabilities through means other than mobile radio handsets, 
e.g., through the use of Text Telephone Devices (TTY).

    Note to paragraph (c): Enforcement of the provisions of this 
paragraph is suspended until October 1, 1998, in the case of calls made 
using a digital wireless system that is not compatible with TTY calls, 
provided that the licensee operating such a digital system shall make 
every reasonable effort to notify current and potential subscribers who 
use or may use such a system that they will not be able to make a 911 
call over such system through the use of a TTY device.

    (d) Phase I enhanced 911 services. (1) As of April 1, 1998, 
licensees subject to this section must provide the telephone number of 
the originator of a 911 call and the location of the cell site or base 
station receiving a 911 call from any mobile handset accessing their 
systems to the designated Public Safety Answering Point through the use 
of ANI and Pseudo-ANI.
    (2) When the directory number of the handset used to originate a 911 
call is not available to the serving carrier, such carrier's obligations 
under the paragraph (d)(1) extend only to delivering 911 calls and 
available calling party information to the designated Public Safety 
Answering Point.

    Note to paragraph (d): With respect to 911 calls accessing their 
systems through the use of TTYs, licensees subject to this section must 
comply with the requirements in paragraphs (d)(1) and (d)(2) of this 
section, as to calls made using a digital wireless system, as of October 
1, 1998.

    (e) Phase II enhanced 911 services. As of October 1, 2001, licensees 
subject to this section must provide to the designated Public Safety 
Answering Point the location of all 911 calls by longitude and latitude 
such that the accuracy for all calls is 125 meters or less using a Root 
Mean Square (RMS) methodology.
    (f) Conditions for enhanced 911 services. The requirements set forth 
in paragraphs (d) and (e) of this section shall be applicable only if 
the administrator of the designated Public Safety Answering Point has 
requested the services required under those paragraphs and is capable of 
receiving and utilizing the data elements associated with the service, 
and a mechanism for recovering the costs of the service is in place.
    (g) Dispatch service. A service provider covered by this section who 
offers dispatch service to customers may meet the requirements of this 
section with respect to customers who utilize dispatch service either by 
complying with the requirements set forth in paragraphs (b) through (e) 
of this section, or by routing the customer's emergency calls through a 
dispatcher. If the service provider chooses the latter alternative, it 
must make every reasonable effort to explicitly notify its current and 
potential dispatch customers and their users that they are not able to 
directly reach a PSAP by calling 911 and that, in the event of an 
emergency, the dispatcher should be contacted.

[63 FR 2637, Jan. 16, 1998]



Sec. 20.20  Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers.

    (a) Separate affiliate. An incumbent LEC providing in-region 
broadband CMRS shall provide such services through an affiliate that 
satisfies the following requirements:
    (1) The affiliate shall maintain separate books of account from its 
affiliated incumbent LEC. Nothing in this section requires the affiliate 
to maintain separate books of account that comply with part 32 of this 
chapter;
    (2) The affiliate shall not jointly own transmission or switching 
facilities with its affiliated incumbent LEC that

[[Page 16]]

the affiliated incumbent LEC uses for the provision of local exchange 
service in the same in-region market. Nothing in this section prohibits 
the affiliate from sharing personnel or other resources or assets with 
its affiliated incumbent LEC; and
    (3) The affiliate shall acquire any services from its affiliated 
incumbent LEC for which the affiliated incumbent LEC is required to file 
a tariff at tariffed rates, terms, and conditions. Other transactions 
between the affiliate and the incumbent LEC for services that are not 
acquired pursuant to tariff must be reduced to writing and must be made 
on a compensatory, arm's length basis. All transactions between the 
incumbent LEC and the affiliate are subject to part 32 of this chapter, 
including the affiliate transaction rules. Nothing in this section shall 
prohibit the affiliate from acquiring any unbundled network elements or 
exchange services for the provision of a telecommunications service from 
its affiliated incumbent LEC, subject to the same terms and conditions 
as provided in an agreement approved under section 252 of the 
Communications Act of 1934, as amended.
    (b) Independence. The affiliate required in paragraph (a) of this 
section shall be a separate legal entity from its affiliated incumbent 
LEC. The affiliate may be staffed by personnel of its affiliated 
incumbent LEC, housed in existing offices of its affiliated incumbent 
LEC, and use its affiliated incumbent LEC's marketing and other 
services, subject to paragraphs (a)(3) and (c) of this section.
    (c) Joint marketing. Joint marketing of local exchange and exchange 
access service and CMRS services by an incumbent LEC shall be subject to 
part 32 of this chapter. In addition, such agreements between the 
affiliate and the incumbent LEC must be reduced to writing and made 
available for public inspection upon request at the principle place of 
business of the affiliate and the incumbent LEC. The documentation must 
include a certification statement identical to the certification 
statement currently required to be included with all Automated Reporting 
and Management Information Systems (ARMIS) reports. The affiliate must 
also provide a detailed written description of the terms and conditions 
of the transaction on the Internet within 10 days of the transaction 
through the affiliate's home page.
    (d) Exceptions. (1) Rural telephone companies. Rural telephone 
companies are exempted from the requirements set forth in paragraphs 
(a), (b) and (c) of this section. A competing telecommunications 
carrier, interconnected with the rural telephone company, however, may 
petition the FCC to remove the exemption, or the FCC may do so on its 
own motion, where the rural telephone company has engaged in 
anticompetitive conduct.
    (2) Incumbent LECs with fewer than 2 percent of subscriber lines. 
Incumbent LECs with fewer than 2 percent of the nation's subscriber 
lines installed in the aggregate nationwide may petition the FCC for 
suspension or modification of the requirements set forth in paragraphs 
(a), (b) and (c) of this section. The FCC will grant such a petition 
where the incumbent LEC demonstrates that suspension or modification of 
the separate affiliate requirement is
    (i) Necessary to avoid a significant adverse economic impact on 
users of telecommunications services generally or to avoid a requirement 
that would be unduly economically burdensome, and
    (ii) Consistent with the public interest, convenience, and 
necessity.
    (e) Definitions. Terms used in this section have the following 
meanings:
    Affiliate. ``Affiliate'' means a person that (directly or 
indirectly) owns or controls, is owned or controlled by, or is under 
common ownership with, another person. For purposes of this section, the 
term ``own'' means to own and equity interest (or the equivalent 
thereof) of more than 10 percent.
    Broadband Commercial Mobile Radio Service (Broadband CMRS). For the 
purposes of this section, ``broadband CMRS'' means Domestic Public 
Cellular Radio Telecommunications Service (part 22, subpart H of this 
chapter), Specialized Mobile Radio (part 90, subpart S of this chapter), 
and broadband Personal Communications Services (part 24, subpart E of 
this chapter).

[[Page 17]]

    Incumbent Local Exchange Carrier (Incumbent LEC). ``Incumbent LEC'' 
has the same meaning as that term is defined in Sec. 51.5 of this 
chapter.
    In-region. For the purposes of this section, an incumbent LEC's 
broadband CMRS service is considered ``in-region'' when 10 percent or 
more of the population covered by the CMRS affiliate's authorized 
service area, as determined by the 1990 census figures, is within the 
affiliated incumbent LEC's wireline service area.
    Rural Telephone Company. ``Rural Telephone Company'' has the same 
meaning as that term is defined in Sec. 51.5 of this chapter.
    (f) Sunset. This section will no longer be effective after January 
1, 2002.

[62 FR 63871, Dec. 3, 1997]



PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents




                           Subpart A--General

Sec.
21.1  Scope and authority.
21.2  Definitions.

                  Subpart B--Applications and Licenses

                       General Filing Requirements

21.3  Station authorization required.
21.4  Eligibility for station license.
21.5  Formal and informal applications.
21.6  Filing of applications, fees, and number of copies.
21.7  Standard application form for domestic public fixed radio service 
          licenses.
21.8-21.10  [Reserved]
21.11  Miscellaneous forms shared by all domestic public radio services.
21.12  [Reserved]
21.13  General application requirements.
21.14  [Reserved]
21.15  Technical content of applications.
21.16  [Reserved]
21.17  Certification of financial qualifications.
21.18  [Reserved]
21.19  Waiver of rules.
21.20  Defective applications.
21.21  Inconsistent or conflicting applications.
21.22  Repetitious applications.
21.23  Amendment of applications.
21.24  [Reserved]
21.25  Application for temporary authorizations.

                       Processing of Applications

21.26  Receipt of applications.
21.27  Public notice period.
21.28  Dismissal and return of applications.
21.29  Ownership changes and agreements to amend or to dismiss 
          applications or pleadings.
21.30  Opposition to applications.
21.31  Mutually exclusive applications.
21.32  Consideration of applications.
21.33  Grants by random selection.
21.34  [Reserved]
21.35  Comparative evaluation of mutually exclusive applications.
21.36--21.37  [Reserved]

      License Transfers, Modifications, Conditions and Forfeitures

21.38  Assignment or transfer of station authorization.
21.39  Considerations involving transfer or assignment applications.
21.40  Modification of station license.
21.41  Special processing of applications for minor facility 
          modifications.
21.42  Certain modifications not requiring prior authorization.
21.43  Period of construction; certification of completion of 
          construction.
21.44  Forfeiture and termination of station authorizations.
21.45  License period.
21.50  Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic 
          Public Fixed Radio Services to emerging technologies.

                     Subpart C--Technical Standards

21.100  Frequencies.
21.101  Frequency tolerance.
21.102--21.104  [Reserved]
21.105  Bandwidth.
21.106  Emission limitations.
21.107  Transmitter power.
21.108  [Reserved]
21.109  Antenna and antenna structures.
21.110  Antenna polarization.
21.111  Use of common antenna structure.
21.112  Marking of antenna structures.
21.113  Quiet zones and Arecibo Coordination Zone.
21.114-21.115  [Reserved]
21.116  Topographical data.
21.117  Transmitter location.
21.118  Transmitter construction and installation.
21.119  [Reserved]
21.120  Authorization of transmitters.
21.121  [Reserved]
21.122  Microwave digital modulation.

                     Subpart D--Technical Operation

21.200  Station inspection.
21.201  Posting of station authorization information.
21.202--21.208  [Reserved]
21.209  Communications concerning safety of life and property.

[[Page 18]]

21.210  Operation during emergency.
21.211  Suspension of transmission.

                        Subpart E--Miscellaneous

21.300  [Reserved]
21.301  National defense; free service.
21.302  Answers to notices of violation.
21.303  Discontinuance, reduction or impairment of service.
21.304  Tariffs, reports, and other material required to be submitted to 
          the Commission.
21.305  Reports required concerning amendments to charters and 
          partnership agreements.
21.306  Requirement that licensees respond to official communications.
21.307  Equal employment opportunities.

                 Subpart F--Developmental Authorizations

21.400  Eligibility.
21.401  Scope of service.
21.402  Adherence to program of research and development.
21.403  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.
21.404  Terms of grant; general limitations.
21.405  Supplementary showing required.
21.406  Developmental report required.

                        Subparts G--J  [Reserved]

               Subpart K--Multipoint Distribution Service

21.900  Eligibility.
21.901  Frequencies.
21.902  Frequency interference.
21.903  Purpose and permissible service.
21.904  Transmitter power.
21.905  Emissions and bandwidth.
21.906  Antennas.
21.907  Transmission standards.
21.908  Television transmitting equipment.
21.909  MDS response stations.
21.910  Special procedures for discontinuance, reduction or impairment 
          of service by common carrier MDS licensees.
21.911  Annual reports.
21.912  Cable television company eligibility requirements.
21.913  Signal booster stations.
21.914  Mutually-exclusive MDS applications.
21.915  One-to-a-market requirement.
21.920  Applicability of cable television EEO requirements to MDS and 
          MMDS facilities.
21.921  Basis and purpose for electronic filing and competitive bidding 
          process.
21.922  Authorized frequencies.
21.923  Eligibility.
21.924  Service areas.
21.925  Applications for BTA authorizations and MDS station licenses.
21.926  Amendments to long-form applications.
21.927  Sole bidding applicants.
21.928  Acceptability of short- and long-form applications.
21.929  Authorization period for station licenses.
21.930  Five-year build-out requirements.
21.931  Partitioned service areas (PSAs).
21.932  Forfeiture of incumbent MDS station licenses.
21.933  Protected service areas.
21.934  Assignment or transfer of control of BTA authorizations.
21.935  Assignment or transfer of control of station licenses within a 
          BTA.
21.936  Cancellation of authorization.
21.937  Negotiated interference protection.
21.938  BTA and PSA technical and interference provisions.
21.939  Harmful interference abatement.
21.940  Non-subscription MDS service.
21.941--21.949  [Reserved]
21.950  MDS subject to competitive bidding.
21.951  MDS competitive bidding procedures.
21.952  Bidding application procedures.
21.953  Prohibition of collusion.
21.954  Submission of up front payments.
21.955  Submission of down payments.
21.956  Filing of long-form applications or statements of intention.
21.957  Petitions to deny against long-form applications; comments on 
          statements of intention.
21.958  Full payment and issuance of BTA authorizations.
21.959  Withdrawal, default and disqualification.
21.960  Designated entity provisions for MDS.
21.961  Definitions applicable to designated entity provisions.

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
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.

    Source: 44 FR 60534, Oct. 19, 1979, unless otherwise noted.



                           Subpart A--General



Sec. 21.1  Scope and authority.

    (a) The purpose of the rules and regulations in this part is to 
prescribe the manner in which portions of the radio spectrum may be made 
available for domestic communication common carrier and multipoint 
distribution service non-common carrier operations which require 
transmitting facilities on land or in specified offshore coastal areas 
within the continental shelf.

[[Page 19]]

    (b) The rules in this part are issued pursuant to the authority 
contained in 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.
    (c) Unless otherwise specified, the section numbers referenced in 
this part are contained in chapter I, title 47 of the Code of Federal 
Regulations.

[52 FR 37776, Oct. 9, 1987]



Sec. 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 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 Sec. 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.

[[Page 20]]

    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 half-wave 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.

[[Page 21]]

    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 one-way 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 Sec. 2.202 of this chapter.

    Partitioned service area authorization holder. The individual or 
entity authorized by the Commission to 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.

[[Page 22]]

    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.

[61 FR 26671, May 28, 1996]



                  Subpart B--Applications and Licenses

                       General Filing Requirements



Sec. 21.3  Station authorization required.

    (a) No person shall use or operate apparatus for the transmission of 
energy or communications or signals by radio except under, and in 
accordance with, an appropriate authorization granted by the Federal 
Communications Commission. Except as otherwise provided herein, no 
construction or modification of a station may be commenced without an 
authorization from the Commission. Authorizations for domestic public 
fixed radio services are governed by the provisions of this part.
    (b) If construction and or operation may have a significant 
environmental impact as defined by Sec. 1.1307 of the Commission's 
rules, the requisite environmental assessment as prescribed in 
Sec. 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 Sec. 1.1312 of this chapter.

[52 FR 37777, Oct. 9, 1987, as amended at 55 FR 20397, May 16, 1990; 61 
FR 26673, May 28, 1996]



Sec. 21.4  Eligibility for station license.

    A station license may not be granted to or held by:
    (a) Any alien or the representative of any alien.
    (b) Any foreign government or the representative thereof.
    (c) Any corporation organized under the laws of any foreign 
government.
    (d) 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.
    (e) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth 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.

[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 55580, Oct. 28, 1996]



Sec. 21.5  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 shall 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 shall 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

[[Page 23]]

and completely the facts involved and authorization desired.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37777, Oct. 9, 1987]



Sec. 21.6  Filing of applications, fees, and numbers of copies.

    (a) As prescribed by Secs. 21.7 and 21.11 of this part, standard 
formal application forms applicable to the radio services included in 
this part may be obtained from either:
    (1) Federal Communications Commission, Washington, DC 20554; or
    (2) Any of the Commission's field operations offices, the addresses 
of which are listed in Sec. 0.121.
    (b) Applications requiring fees as set forth in part 1, subpart G of 
this chapter must be filed in accordance with Sec. 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.
    (d) Except as otherwise specified, all applications, amendments, and 
correspondence shall be submitted in duplicate, including exhibits and 
attachments thereto, and shall be signed as prescribed by Sec. 1.743.
    (e) Each application shall be accompanied by the appropriate fee 
prescribed by, and submitted in accordance with, subpart G of part 1 of 
this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 10230, Mar. 31, 1987; 
52 FR 37777, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26673, May 
28, 1996]



Sec. 21.7  Standard application form for domestic public fixed radio service licenses.

    Except for the Multipoint Distribution Service, FCC Form 494 ( 
``Application for a New and Modified Microwave Radio Station License 
Under Part 21'' ) shall be submitted and a license granted for each 
station prior to commencement of any proposed station construction. FCC 
Form 494 also shall be submitted to amend any license application, to 
modify any license pursuant to Secs. 21.40(a) and 21.41, to notify the 
Commission of modifications made pursuant to Sec. 21.42, and to delete 
licensed facilities. FCC Form 494A shall be submitted to certify 
completion of construction.

[52 FR 37777, Oct. 9, 1987, as amended at 60 FR 36551, July 17, 1995]



Secs. 21.8-21.10  [Reserved]



Sec. 21.11  Miscellaneous forms shared by all domestic public radio services.

    (a) Licensee qualifications. FCC Form 430 (``Licensee Qualification 
Report'') must be filed annually, no later than March 31 for the end of 
the preceding calendar year, by licensees for each radio service 
authorized under this part, if service was offered at any time during 
the preceding year. Each annual filing must include all changes of 
information required by FCC Form 430 that occurred during the preceding 
year. In those cases in which there has been no change in any of the 
required information, the applicant or licensee, in lieu of submitting a 
new form, may so notify the Commission by letter. All Multipoint 
Distribution Service non-common carrier licensees must annually file FCC 
Form 430.
    (b) Additional time to construct--FCC Form 701 (``Application for 
Additional Time to Construct Radio Station'') shall be filed in 
duplicate by a licensee prior to the expiration of the time for 
construction noted in a license if a licensee seeks 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 in duplicate 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

[[Page 24]]

station location and if two copies are provided for each station 
affected. Applicants should note also any special renewal requirements 
under the rules for each radio service.
    (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. In addition, FCC Form 430 (``Licensee Qualification 
Report'') must be submitted by the proposed assignee unless such 
assignee has a current and substantially accurate report on file with 
the Commission. 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 and if two 
copies are provided for each station affected. The assignment must be 
completed within 45 days from the date of authorization. Upon 
consummation of an approved assignment, the Commission must be notified 
by letter of the date of consummation within 10 days of its occurrence.
    (e) Partial assignment of license. In the microwave services, 
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 assignee on FCC Form 494 and
    (2) By the assignor on FCC Form 494 for deletion of the assigned 
facilities, indicating concurrence in the assignee's request.

The assignment shall be consummated within 45 days from the date of 
authorization. In the event that consummation does not occur, FCC Form 
494 shall 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 
non-substantial (pro forma) transfers of control. In addition, FCC Form 
430 (``Licensee Qualification Report'') must be submitted by the 
proposed transferee unless said transferee has a current and 
substantially accurate report on file with the Commission. The transfer 
must be completed within 45 days from the date of authorization. Upon 
consummation of an approved transfer, the Commission must be notified by 
letter of the date of consummation within 10 days of its occurrence.
    (g) Antenna Structure Registration. FCC Form 854 (Application for 
Antenna Structure Registration) accompanied by a final Federal Aviation 
Administration (FAA) determination of ``no hazard'' must be filed by the 
antenna structure owner to receive an antenna structure registration 
number. Criteria used to determine whether FAA notification and 
registration is required for a particular antenna structure are 
contained in Part 17 of this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27554, July 22, 1987; 
52 FR 37777, Oct. 9, 1987; 56 FR 57815, Nov. 14, 1991; 61 FR 4364, Feb. 
6, 1996]



Sec. 21.12  [Reserved]



Sec. 21.13  General application requirements.

    (a) Each application for a license or for consent to assignment or 
transfer of control shall:
    (1) Disclose fully the real party (or parties) in interest, 
including (as required) a complete disclosure of the identify and 
relationship of those persons or entities directly or indirectly owning 
or controlling (or both) the applicant;

[[Page 25]]

    (2) Demonstrate the applicant's legal, financial, technical, and 
other qualifications to be a permittee or licensee;
    (3) Submit the information required by the Commission's Rules, 
requests, and application forms;
    (4) Except for applications in the Multipoint Distribution Service 
filed on or after September 15, 1995, state specifically the reasons why 
a grant of the proposal would serve the public interest, convenience, 
and necessity.
    (5) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter; and
    (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.
    (c) In addition to the general application requirements of 
Secs. 21.13 through 21.17 of this part, applicants shall 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 Part 21 (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.
    (d) Except when the Commission has declared explicitly to the 
contrary, an informational requirement does not in itself imply the 
processing treatment of decisional weight to be accorded the response.
    (e) 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 Sec. 1.1306 of the Commission's 
rules. If answered affirmatively, an Environmental Assessment as 
described by Sec. 1.1311, need not be filed with the application.
    (f) Whenever an individual applicant, or a partner (in the case of a 
partnership) or a full time manager (in the case of a corporation) will 
not actively participate in the day-to-day management and operation of 
proposed facilities, the applicant or licensee will submit a statement 
containing the reasons therefor and disclosing the details of the 
proposed operation, including a demonstration of how control over the 
radio facilities will be retained by the applicant. If the operation of 
a radio station is to be accomplished by contractual arrangement with an 
entity unrelated to an applicant or licensee, the applicant or licensee 
shall file a copy of the agreement or contract which shall demonstrate 
that:
    (1) The operation is accomplished according to general instructions 
provided for by the applicant;
    (2) The applicant retains effective control over the radio 
facilities and their operations; and
    (3) The applicant assumes full responsibility for both the quality 
of service and for contractor compliance with the Commission's Rules.

[44 FR 60534, Oct. 19, 1979, as amended at 47 FR 29244, July 6, 1982; 51 
FR 15003, Apr. 22, 1986; 52 FR 37778, Oct. 9, 1987; 55 FR 46008, Oct. 
31, 1990; 58 FR 19774, Apr. 16, 1993; 58 FR 44894, Aug. 25, 1993; 60 FR 
36551, July 17, 1995; 61 FR 26673, May 28, 1996]



Sec. 21.14  [Reserved]



Sec. 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.
    (a)(1) Except in the case of applicants for Multipoint Distribution 
Service, applicants proposing a new station location (including receive-
only stations and passive repeaters) must indicate whether the station 
site is owned. If it is not owned, its availability for the

[[Page 26]]

proposed radio station site must be demonstrated. Under ordinary 
circumstances, this requirement will be considered satisfied if the site 
is under lease or under written option to buy or lease.
    (2) Where any lease or agreement to use land limits or conditions in 
any way the applicant's access or use of the site to provide public 
service, a copy of the lease or agreement (which clearly indicates the 
limitations or conditions) must be filed with the application, except in 
the case of applicants for stations in the Multipoint Distribution 
Service. Multipoint Distribution Service applicants must instead certify 
compliance with the limitations and conditions contained in the lease or 
option agreement.
    (3) Except for BTA and PSA authorization holders, Multipoint 
Distribution Service applicants proposing a new station location must 
certify the proposed station site will be available to the applicant for 
timely construction of the facilities during the initial construction 
period.
    (4) An applicant's failure to include a certification required under 
this Section will result in dismissal of the application. The submission 
of a false certification will subject the applicant to all remedies 
available to the Commission, including the dismissal with prejudice of 
all applications filed by the offending applicant and the revocation of 
authorizations of the offending applicant. Also, if evidence of intent 
exists, the case will be referred to the Department of Justice for 
criminal prosecution under 18 U.S.C. 1001. In addition, the submission 
of an intentionally falsified certification will be treated as a 
reflection on an applicant's basic qualifications to become or to remain 
a licensee.
    (b) [Reserved]
    (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 Sec. 21.111 if the 
structure is used by more than one station.
    (e) Antenna Structure Registration Number. Applications proposing 
construction of a new antenna structure or alteration of the overall 
height of an existing antenna structure, where FAA notification prior to 
such construction or alteration is required by part 17 of this chapter, 
must include the FCC Antenna Structure Registration Number for the 
affected structure. If no such number has been assigned at the time the 
application is filed, the applicant must state in the application 
whether or not the antenna structure owner has notified the FAA of the 
proposed construction or alteration and applied to the FCC for an 
Antenna Structure Registration Number in accordance with Part 17 of this 
chapter of this structure for the antenna structure in question.
    (f) Except for applicants in the Multipoint Distribution Service who 
filed applications on or after September 15, 1995, an applicant 
proposing construction of one or more new stations or modification of 
existing stations where substantial changes in the operation or 
maintenance procedures are involved must submit a showing of the general 
maintenance procedures involved to insure the rendition of good public 
communications service. The

[[Page 27]]

showing should include but need not be limited to the following.
    (1) Location and telephone number (if known) of the maintenance 
center for a point to point microwave system. In lieu of providing the 
location and telephone number of the maintenance on a case by case 
basis, a licensee may file a complete list for all operational stations 
with the Commission and the Engineer-In-Charge of the appropriate radio 
district on an annual basis or at more frequent intervals as necessary 
to keep the information current.
    (2) The manner in which technical personnel are made aware of 
malfunction at any of the stations and the appropriate time required for 
them to reach any of the stations in the event of an emergency. If fault 
alarms are to be used, the items to be alarmed shall be specified as 
well as the location of the alarm center.
    (g) Applications in the Multipoint Distribution Service filed before 
September 15, 1995, proposing a new or replacement antenna (excluding 
omni-directional antennas) shall 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. Multipoint Distribution Service applicants who 
filed applications on or after September 15, 1995 must provide related 
information in completing an MDS long-form application.
    (h) Except for applications in the Multipoint Distribution Service 
filed on or after September 15, 1995, each application in the Point-to-
Point Radio, Local Television Transmission and Digital Electronic 
Message Service (excluding user stations) proposing a new or replacement 
antenna (excluding omni-directional antennas) shall 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. Multipoint Distribution Service applicants 
who filed applications on or after September 15, 1995 must provide 
related information in completing an MDS long-form application.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23449, Apr. 27, 1981; 
52 FR 37778, Oct. 9, 1987; 58 FR 11797, Mar. 1, 1993; 60 FR 36551, July 
17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6, 1996; 61 FR 
26673, May 28, 1996]



Sec. 21.16  [Reserved]



Sec. 21.17  Certification of financial qualifications.

    Each application for a new license and each application for a major 
modification of an existing station shall contain a certification that 
the applicant has or will have the financial ability to meet the 
expected costs of constructing the facilities within the time allowed 
and the estimated operating expenses for a period of twelve months.

[52 FR 37778, Oct. 9, 1987]



Sec. 21.18  [Reserved]



Sec. 21.19  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.

[52 FR 37778, Oct. 9, 1987]



Sec. 21.20  Defective applications.

    (a) Unless the Commission shall otherwise permit, an application 
will be unacceptable for filing and will be returned to the applicant 
with a brief statement as to the omissions or discrepancies if:

[[Page 28]]

    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, execution, or other 
matters of a formal character; or
    (2) The application does not substantially comply with the 
Commission's rules, regulations, specific requests for additional 
information, or other requirements.

    (b) By way of illustration only, and not in any way limiting the 
scope of paragraph (a), the following are examples of common 
deficiencies which result in defective applications under paragraph (a):
    (1) The application is not properly executed;
    (2) The submitted filing fee (if a filing fee is required) is 
insufficient;
    (3) The application does not demonstrate how the proposed radio 
facilities will serve the public interest, convenience or necessity;
    (4) The application does not demonstrate compliance with the special 
requirements applicable to the radio service involved;
    (5) The application does not certify the availability of the 
proposed station site.
    (6) The application does not include the environmental assessment 
required for any significant environmental impact under the Commission's 
environmental rules (part 1, subpart I);
    (7) The application does not specify the polarization and, where 
applicable, the antenna orientation azimuth and distance;
    (8) The application does not include all necessary exhibits;
    (9) The application is filed after the cutoff date prescribed in 
Sec. 21.31 or Sec. 21.914 of this part; or
    (10) The application proposes the use of a frequency not allocated 
to such use.
    (c) Applications considered defective under paragraph (a) 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.
    (d) If an applicant is requested by the Commission to file any 
documents or any supplementary or explanatory information not 
specifically required in the prescribed application form, a failure to 
comply with such request within a specified time period will be deemed 
to render the application defective and will subject it to dismissal.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 5294, Feb. 20, 1987; 52 
FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 
1993; 61 FR 26674, May 28, 1996]



Sec. 21.21  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.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]



Sec. 21.22  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

[[Page 29]]

be considered until the final disposition of such appeal.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]



Sec. 21.23  Amendment of applications.

    (a)(1) Any pending application may be amended as a matter of right 
if the application has not been designated for hearing, or for 
comparative evaluation pursuant to Sec. 21.35, or for the random 
selection process, provided, however, that the amendments must comply 
with the provisions of Sec. 21.29 as appropriate and the Commission has 
not otherwise forbidden the amendment of pending applications.
    (2) A Multipoint Distribution Service application tentatively 
selected for qualification review by the random selection process may be 
amended as a matter of right up to 14 days after the date of the public 
notice announcing the tentative selection, provided, however, that the 
amendments must comply with the provisions of Sec. 21.29 as appropriate 
and the Commission has not otherwise forbidden the amendment of pending 
applications.
    (3) Provided, however, applications may not be amended if the 
amendments seek more than a pro forma change of ownership or control 
(bankruptcy, death or legal disability) of a pending Multipoint 
Distribution Service application and any amendment or application will 
be dismissed if the amendment or application seeks more than a pro forma 
change of ownership or control.
    (b) Requests to amend an application designated for hearing or for 
comparative evaluation or for tentative selection for qualification 
review by the random selection process may be granted only if a written 
petition demonstrating good cause is submitted and properly served on 
the parties of record, except that Multipoint Distribution Service 
applications tentatively selected in a random selection process may be 
amended as a matter of right as provided in paragraph (a) of this 
section. Provided, however, requests to amend applications will not be 
granted that seek more than a pro forma change of ownership or control 
(bankruptcy, death or legal disability) of a pending Multipoint 
Distribution Service application and any application seeking more than a 
pro forma change of ownership or control will be dismissed.
    (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 
Sec. 21.27 and Sec. 21.31 under any of the following circumstances:
    (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):
    (i) A change in, or addition of, a radio frequency channel;
    (ii) A change in polarization of the transmitted signal;
    (iii) A change in type of transmitter emission or an increase in 
emission bandwidth of more than ten (10) percent;
    (iv) A change in the geographic coordinates of a station's 
transmitting antenna of more than ten (10) seconds of latitude or 
longitude, or both;
    (v) Any change which increases the antenna height by 3.0 meters (10 
feet) or more;
    (vi) Any technical change which would increase the effective 
radiated power in any direction by more than one and one-half (1.5) dB; 
or
    (vii) 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.
    (2)  [Reserved]
    (3) If the amendment would convert a proposal, such that it may have 
a significant impact upon the environment under Sec. 1.1307 of the 
Commission's rules, which would require the submission of an 
environmental assessment, see Sec. 1.1311 of this chapter, and 
Commission environmental review, see Secs. 1.1308 and 1.1312 of this 
chapter.
    (4) If the amendment results in a substantial and material 
alteration of the proposed service.

[[Page 30]]

    (5) If the amendment specifies a substantial change in benefical 
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.
    (6) 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) 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 Sec. 21.902;
    (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.
    (e) 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 shall be served on 
petitioners. Oppositions to the petition may be filed within five (5) 
days after the petition is filed and shall be served on the applicant. 
Replies to oppositions will not be entertained.
    (f) Any amendment to an application shall be signed and shall 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.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
50 FR 5992, Feb. 13, 1985; 50 FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 
9, 1987; 55 FR 20397, May 16, 1990; 56 FR 57816, Nov. 14, 1991; 58 FR 
11797, Mar. 1, 1993; 58 FR 44894, Aug. 25, 1993; 61 FR 26674, May 28, 
1996]



Sec. 21.24  [Reserved]



Sec. 21.25  Application for temporary authorizations.

    (a) In circumstances requiring immediate or temporary use of 
facilities, request may be made for 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 
Sec. 21.5 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.
    (b) Special temporary authorizations may be granted without regard 
to the 30-day public notice requirement of Sec. 21.27(c) when:
    (1) The authorization is for a period not to exceed 30 days and no 
application for regular application is contemplated to be filed;
    (2) The authorization is for a period not to exceed 60 days pending 
the filing of an application for such regular operation;
    (3) The authorization is to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as previously authorized; or
    (4) The authorization is made upon a finding that there are 
extraordinary circumstances requiring operation in the public interest 
and that delay in the institution of such service would seriously 
prejudice the public interest.
    (c) Temporary authorization of operations not to exceed 180 days may 
be granted under the standards of section

[[Page 31]]

309(f) of the Communications Act where extraordinary circumstances so 
require. Extensions of the temporary authorization for a period of 180 
days each may also be granted, but the renewal applicant bears a heavy 
burden to show that extraordinary circumstances warrant such an 
extension.
    (d) 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.

[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 27252, June 14, 1983; 
52 FR 37779, Oct. 9, 1987]

                       Processing of Applications



Sec. 21.26  Receipt of applications.

    Applications received by the Commission are given a file number for 
administrative convenience, which does not indicate the acceptance of 
the application for filing and processing. After preliminary review 
those applications covered by Sec. 21.27(a) that appear complete will be 
put on public notice as accepted for filing. Neither the assignment of a 
file number nor the listing of the application on public notice as 
accepted for filing indicates that the application has been found 
acceptable for filing or precludes the subsequent return or dismissal of 
the application if it is found to be defective or not in substantial 
compliance with the Commission's rules.

[52 FR 37779, Oct. 9, 1987]



Sec. 21.27  Public notice period.

    (a) At regular intervals, the Commission will issue a public notice 
listing:
    (1) The acceptance for filing of applications and major amendments 
thereto;
    (2) Significant Commission actions concerning applications;
    (3) The filing of certifications of completion of construction;
    (4) The receipt of applications for minor modifications made 
pursuant to Sec. 21.41;
    (5) Information which the Commission in its discretion believes of 
public significance; and
    (6) Special environmental considerations as required by part 1 of 
this chapter.
    (7) The BTAs designated for licensing through the competitive 
bidding process and the filing date for short-form applications for 
those areas;
    (8) The auction winners in the competitive bidding process;
    (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 
Sec. 21.23, or as a minor modification to a license pursuant to 
Sec. 21.41;
    (2) For temporary authorization pursuant to Sec. 21.25;
    (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., Sec. 21.41), no 
application that has appeared on public notice will be granted until the 
expiration of a period of thirty days following the

[[Page 32]]

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.

[52 FR 37779, Oct. 9, 1987, as amended at 54 FR 10327, Mar. 13, 1989; 60 
FR 36552, July 17, 1995; 61 FR 26674, May 28, 1996]



Sec. 21.28  Dismissal and return of applications.

    (a) Except as provided under paragraph (c) of this section and under 
Sec. 21.29, any application may be dismissed without prejudice as a 
matter of right if the applicant requests its dismissal prior to 
designation for hearing or prior to selection of the comparative 
evaluation procedure of Sec. 21.35. An applicant's request for return of 
its application after it has been accepted for filing will be considered 
to be a request for dismissal without prejudice. Requests for dismissal 
shall comply with the provisions of Sec. 21.29 as appropriate.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing, after selection of the 
comparative evaluation procedure of Sec. 21.35, 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 provisions of Sec. 21.29 
(whenever applicable) and demonstrates good cause.
    (c) Except as provided under Sec. 21.29, 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. An applicant's 
request for return of its application after it has been accepted for 
filing will be considered to be a request for dismissal without 
prejudice. Requests for dismissal shall comply with the provisions of 
Sec. 21.29 as appropriate.
    (d) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be without prejudice prior to designation 
for hearing, selection of the comparative evaluation procedure of 
Sec. 21.35, or tentative selection by the random selection process, but 
may be with prejudice for unsatisfactory compliance with Sec. 21.29, or 
after designation for hearing, selection of the comparative evaluation 
process, or selection as a tentative selectee in a random selection 
proceeding.
    (e) The Commission will dismiss an application filed by a cable 
television company which fails to comply with the provisions of 
Sec. 21.912 of this part.
    (f) A Multipoint Distribution Service application will be dismissed 
if the applicant seeks to change ownership or control, except in the 
case of a pro forma change of ownership or control (bankruptcy, death, 
or legal disability).

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 55 
FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 1993]



Sec. 21.29  Ownership changes and agreements to amend or to dismiss applications or pleadings.

    (a) Except as provided in paragraph (b) of this section, applicants 
or any other parties in interest to pending applications shall 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 
(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

[[Page 33]]

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 of Sec. 21.35, or random selection 
of an application previously in contested status.
    (b) The provisions of this section shall not be applicable to any 
engineering agreement (or understanding) which:
    (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 shall 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 shall 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 shall 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 shall 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 shall 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.
    (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 shall include 
only directly assignable costs and shall 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 shall 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 shall 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),

[[Page 34]]

amendment(s), petition(s), pleading(s), or any combination thereof.
    (f) Notwithstanding Sec. 21.29(e), amendments will not be granted 
that seek more than a pro forma change of ownership or control 
(bankruptcy, death, or legal disability) of a pending Multipoint 
Distribution Service application, and any Multipoint Distribution 
Service application will be dismissed that seeks more than a pro forma 
change of ownership or control.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 58 
FR 11797, Mar. 1, 1993]



Sec. 21.30  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration 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 Secs. 1.41 through 1.52, and 
1.821 through 1.825;
    (3) Contain specific allegations of fact (except for those of which 
official notice may be taken), which shall be supported by affidavit of 
a person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;
    (4) Except as provided in Sec. 21.901(d)(1) of this part regarding 
Instructional Television Fixed Service licensees, be filed within thirty 
(30) days after the date of public notice announcing the acceptance for 
filing of any such application or major amendment thereto, or 
identifying the tentative selectee of a random selection proceeding in 
the Multichannel Multipoint Distribution Service or for Multipoint 
Distribution Service H--channel stations (unless the Commission 
otherwise extends the deadline); and
    (5) Contains a certificate of service showing that it has been 
mailed to the applicant no later than the date of filing thereof with 
the Commission.
    (b) The Commission will classify as informal objections:
    (1) Any petition to deny not filed in accordance with paragraph (a) 
of this section;
    (2) Any petition to deny (or for other forms of relief) an 
application to which the thirty (30) day public notice period of 
Sec. 21.27(c) does not apply; or
    (3) Any comments on, or objections to, the grant of an application 
when the comments or objections do not conform to either paragraph (a) 
of this section or other Commission rules and requirements.
    (c) The Commission will consider informal objections, but will not 
necessarily discuss them specifically in a formal opinion if:
    (1) The informal objection is filed at least one day before 
Commission action on the application; and
    (2) The informal objection is signed by the submitting person (or 
his representative) and discloses his interest.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 50 
FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 
1990; 56 FR 57816, Nov. 14, 1991]



Sec. 21.31  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'' to mean interference which would result in 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) An 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

[[Page 35]]

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) An application otherwise mutually exclusive with one of more 
previously filed applications, but filed after the appropriate date 
prescribed in paragraph (b)(2) 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).
    (e) 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 
Sec. 21.23), except under any of the following circumstances:
    (1) The application has been designated for comparative hearing, or 
for comparative evaluation (pursuant to Sec. 21.35), and the Commission 
or the presiding officer accepts the amendment pursuant to 
Sec. 21.23(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 Sec. 21.35, 
or by random selection pursuant to Sec. 21.33 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, unless the amendment is for more than a pro forma change of 
ownership or control (bankruptcy, death or legal disability) of a 
pending Multipoint Distribution Service application in which event the 
application will be dismissed;
    (4) The amendment reflects only a change in ownership or control 
which results from an agreement under Sec. 21.29 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, unless the amendment is for one (or more) 
pending Multipoint Distribution Service application (or applications) in 
which event the application (or applications) will be dismissed;
    (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.
    (iv) The change of status by a MDS applicant from common carrier to 
non-

[[Page 36]]

common carrier, or from non-common carrier to common carrier.

[44 FR 60534, Oct. 19, 1979, as amended at 45 FR 65600, Oct. 3, 1980; 45 
FR 70468, Oct. 24, 1980; 50 FR 5993, Feb. 13, 1985; 52 FR 27554, July 
22, 1987; 52 FR 37780, Oct. 9, 1987; 55 FR 10462, Mar. 21, 1990; 58 FR 
11797, Mar. 1, 1993; 61 FR 26674, May 28, 1996]



Sec. 21.32  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 shall 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 Sec. 21.31) with another application (or applications), 
except where the competing applicants have chosen the comparative 
evaluation procedure of Sec. 21.35 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) If the Commission should grant without a formal hearing an 
application for an instrument of authorization which is subject to a 
petition to deny filed in accordance with Sec. 21.30, the Commission 
will deny the petition by the issuance of a Memorandum Opinion and Order 
which will concisely report the reasons for the denial and dispose of 
all substantial issues raised by the petition.
    (d) 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 shall inform 
the applicant of the reasons therefor, and the grant shall be considered 
final unless the Commission should revise 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 which:
    (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.
    (e) 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 
Sec. 21.31) with another application (or applications); or
    (4) The application is entitled to comparative consideration 
(pursuant to Sec. 21.31) and the applicants have chosen the comparative 
evaluation procedure of Sec. 21.35 but the Commission deems such 
procedure to be inappropriate.
    (f) The Commission may grant, deny, or take other action with 
respect to an application designated for a formal hearing pursuant to 
paragraph (e) of this section or part 1 of this chapter.
    (g) Whenever the public interest would be served thereby the 
Commission may grant one or more mutually

[[Page 37]]

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 Sec. 21.35, 
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.
    (h) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985]



Sec. 21.33  Grants by random selection.

    (a) If an application for an authorization for a Multichannel 
Multipoint Distribution Service (MMDS) station or for a Multipoint 
Distribution Service (MDS) H-channel station is mutually exclusive with 
another such application, and satisfies the requirements of Secs. 21.31 
and 21.914, the applicant may be included in the random selection 
process set forth in Secs. 1.821, 1.822 and 1.824 of this chapter.
    (b) Renewal applications shall not be included in a random selection 
process.
    (c) If Multipoint Distribution Service applicants enter into 
settlements, the applicants in the settlement must be represented by one 
application only and will not receive the cumulative number of chances 
in the random selection process that the individual applicants would 
have had if no settlement had been reached.

[58 FR 11798, Mar. 1, 1993, as amended at 61 FR 26674, May 28, 1996]



Sec. 21.34  [Reserved]



Sec. 21.35  Comparative evaluation of mutually exclusive applications.

    (a) In order to expedite action on mutually exclusive applications 
in services under this rules part where the competitive bidding process 
or random selection process do 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 Sec. 21.31;
    (2) The applications have not been designated for formal evidentiary 
hearing; and
    (3) The Commission determines, initially or at any time during the 
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 Sec. 21.32.
    (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

[[Page 38]]

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 shall 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 shall be considered final.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5994, Feb. 13, 1985; 52 
FR 37780, Oct. 9, 1987; 60 FR 36552, July 17, 1995]



Secs. 21.36-21.37  [Reserved]

      License Transfers, Modifications, Conditions and Forfeitures



Sec. 21.38  Assignment or transfer of station authorization.

    (a) No station license, or any rights thereunder, shall 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 shall 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, or
    (c) Requests for transfer of control or assignment authority shall 
be submitted on the application form prescribed by Sec. 21.11 of this 
chapter, and shall be accompanied by the applicable showings required by 
Secs. 21.13, 21.15, 21.17 and 21.39 of this chapter.
    (d) The Commission shall 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, shall be filed with the Commission, requesting assignment 
or transfer to a successor legally qualified under the laws of the place

[[Page 39]]

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, shall 
be assigned or otherwise disposed of, directly or indirectly, 
voluntarily or involuntarily, without prior Commission approval.
    (g) An applicant for voluntary transfer of control or assignment 
under this section where the subject license was acquired by the 
transferor or assignor through a system of random selection shall, 
together with its application for transfer of control or assignment, 
file with the Commission the associated contracts for sale, option 
agreements, management agreements, or other documents disclosing the 
total consideration that the applicant would receive in return for the 
transfer or assignment of its license. This information should include 
not only a monetary purchase price, but also any future, contingent, in-
kind, or other consideration (e.g., management or consulting contracts 
either with or without an option to purchase; below-market financing).

[52 FR 37780, Oct. 9, 1987, as amended at 54 FR 11953, Mar. 23, 1989; 59 
FR 9101, Feb. 25, 1994]



Sec. 21.39  Considerations involving transfer or assignment applications.

    (a) A Multipoint Distribution Service conditional license may not be 
assigned or transferred prior to the completion of construction of the 
facility and the timely filing of the certification of completion of 
construction. However, consent to the assignment or transfer of control 
of a Multipoint Distribution Service conditional license may be given 
prior to the completion of construction and the timely filing of the 
certification of completion of construction where:
    (1) The assignment or transfer does not involve a substantial change 
in ownership or control of the authorized Multipoint Distribution 
Service 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 that were:
    (1) Authorized following a comparative hearing and have been 
operated less than one year, or;
    (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.

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.
    (c) If a proposed transfer of radio facilities is incidental to a 
sale of other facilities or merger of interests, any showing requested 
under paragraph (a) of this section shall include an additional exhibit 
which:
    (1) Discloses complete details as to the sale of facilities or 
merger of interests;

[[Page 40]]

    (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.
    (d) 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 (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).

[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33900, July 26, 1983; 
50 FR 5994, Feb. 13, 1985; 52 FR 27554, July 22, 1987. Redesignated and 
amended at 52 FR 37780, Oct. 9, 1987; 58 FR 11798, Mar. 1, 1993; 61 FR 
26674, May 28, 1996]



Sec. 21.40  Modification of station license.

    (a) Except as provided in Secs. 21.41 and 21.42, no modification of 
a license issued pursuant to this part (or the facilities described 
thereunder) shall be made except upon application to the Commission and 
upon finding by the Commission that:
    (1) Such modification will promote the public interest, convenience 
and necessity, or
    (2) That the provisions of the Communications Act of 1934 or of any 
treaty ratified by the United States will be more fully complied with if 
such application is granted.
    (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 application 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), when a station 
license has been assigned or transferred pursuant to Sec. 21.38, 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.

[52 FR 37780, Oct. 9, 1987]



Sec. 21.41  Special processing of applications for minor facility 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 shall 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 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

[[Page 41]]

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 
Sec. 21.902; and
    (7) In the Multipoint Distribution Service, the modified facility 
would not produce a power flux density that exceeds -73 dBW/m\2\, 
pursuant to Secs. 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 previously-authorized 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 Sec. 21.15(d).
    (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 is commenced prior to the receipt of the 
authorization.

[52 FR 37780, Oct. 9, 1987, as amended at 55 FR 46009, Oct. 31, 1990; 58 
FR 44894, Aug. 25, 1993; 60 FR 36552, July 17, 1995; 61 FR 4364, Feb. 6, 
1996; 61 FR 26674, May 28, 1996]



Sec. 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 Sec. 21.902, 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, or for the Multipoint 
Distribution Service, and MDS long-form application, as applicable, 
within thirty days after the changes are made.
    (4) In the Multipoint Distribution Service, the modified facility 
would not produce a power flux density at the protected service area 
boundary that exceeds -73 dBW/m\2\, pursuant to Secs. 21.902 and 21.939.

[[Page 42]]

    (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 certificated for use 
under this part and is installed without modification from the 
certificated 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 when the new antenna conforms with 
Sec. 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.
    (4) Any technical changes that would decrease the effective radiated 
power.
    (5) Change to the height of an antenna, when:
    (i) The new height (measured at the center-of-radiation) is within 
1.5 meters (5 feet) 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 (20 feet) 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 Sec. 21.15 (d) and (e).
    (7) 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 correct erroneous information on a license which 
does not involve a major change (i.e., a change that would be classified 
as a major amendment as defined by Sec. 21.23) without obtaining prior 
Commission approval by filing a completed FCC Form 494, or for the 
Multipoint Distribution Service licensees, by filing the MDS long-form 
application.

[52 FR 37781, Oct. 9, 1987, as amended at 58 FR 44894, Aug. 25, 1993; 60 
FR 36552, July 17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6, 
1996; 61 FR 26674, May 28, 1996; 63 FR 36603, July 7, 1998; 63 FR 49870, 
Sept. 18, 1998]

    Effective Date Note: At 63 FR 36603, July 7, 1998, 
Sec. 21.42(c)(1)(i) was amended by removing the term ``type-accepted'' 
and replacing it with ``certificated'', and by removing the term ``(or 
type notified)'', effective Oct. 5, 1998.



Sec. 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 Sec. 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.
    (b) Each license for a radio station for the services included in 
this part shall also specify as a condition therein that upon the 
completion of construction, each licensee must file with the Commission 
a certification of completion of construction using FCC Form 494A, 
certifying that the facilities as authorized have been completed and 
that the station is now operational and ready to provide service to the 
public, and will remain operational during the

[[Page 43]]

license period, unless the license is submitted for cancellation.

[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995; 61 
FR 26675, May 28, 1996]



Sec. 21.44  Forfeiture and termination of station authorization.

    (a) A license shall be automatically forfeited in whole or in part 
without further notice to the licensee upon:
    (1) The expiration of the construction period specified therein, 
where applicable, or after such additional time as may be authorized by 
the Commission, unless within 5 days after that date certification of 
completion of construction has been filed with the Commission pursuant 
to Sec. 21.43;
    (2) The expiration of the license period specified therein, unless 
prior 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) 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 shall 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.

[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995]



Sec. 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.
    (b) The Commission reserves the right to grant or renew station 
licenses in these services for a shorter period of time than that 
generally prescribed for such stations if, in its judgment, public 
interest, convenience, or necessity would be served by such action.
    (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.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
48 FR 27253, June 14, 1983; 61 FR 26675, May 28, 1996]



Sec. 21.50  Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic Public Fixed Radio Services to emerging technologies.

    (a) Licensees proposing to implement services using emerging 
technologies (ET Licensees) may negotiate with Domestic Public Fixed 
Radio 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

[[Page 44]]

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) Domestic Public Fixed Radio licensees 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 services, and until one year 
after an emerging technology service licensee initiates negotiations for 
relocation of the fixed microwave licensee's operations 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. 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.
    (c) The Commission will amend the operating license of the fixed 
microwave 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.

[58 FR 46549, Sept. 2, 1993, as amended at 59 FR 19645, Apr. 25, 1994]



                     Subpart C--Technical Standards



Sec. 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

[[Page 45]]

opportunity for hearing, require the licensees to make such changes in 
operating techniques or equipment as it may deem necessary to avoid such 
interference.

[61 FR 26675, May 28, 1996]



Sec. 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
                                                              tolerance
                   Frequency range (MHz)                      for fixed
                                                               stations
                                                              (percent)
------------------------------------------------------------------------
2,150 to 2,162 \1\ \2\.....................................        0.001
2,596 to 2,680 \2\.........................................       0.005
------------------------------------------------------------------------
\1\ Beginning Aug. 9, 1975, this tolerance will govern the marketing of
  equipment pursuant to Secs.  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.
\2\ Beginning 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.

    (b) As an additional requirement in any band where the Commission 
makes assignments according to a specified channel plan, provisions 
shall 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 Sec. 21.106.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
48 FR 50329, Nov. 1, 1983; 48 FR 50732, Nov. 3, 1983; 49 FR 37775, Sept. 
26, 1984; 54 FR 10327, Mar. 13, 1989; 54 FR 24905, June 12, 1989; 55 FR 
46009, Oct. 31, 1990; 56 FR 57816, Nov. 14, 1991; 61 FR 26675, May 28, 
1996]



Secs. 21.102-21.104  [Reserved]



Sec. 21.105  Bandwidth.

    Each authorization issued pursuant to these rules will show, as the 
emission designator, a symbol representing the class of emission which 
shall 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.

[49 FR 48700, Dec. 14, 1984]



Sec. 21.106  Emission limitations.

    (a) The mean power of emissions shall 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 Sec. 21.122(b)) in situations other than those covered by paragraph 
(a)(3) of 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.

[[Page 46]]

A=35+0.8(P;minus;50)+10 Log10 B. (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) 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.
    (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.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
52 FR 23550, June 23, 1987; 61 FR 26675, May 28, 1996]



Sec. 21.107  Transmitter power.

    (a) The power which a station will be permitted to use in these 
services will be the minimum required for satisfactory technical 
operation commensurate with the size of the area to be served and local 
conditions which affect radio transmission and reception. In cases of 
harmful interference, the Commission may, after notice and opportunity 
for hearing, order a change in the effective radiated power of a 
station.
    (b) The EIRP of a transmitter station employed in this radio service 
shall not exceed the values shown in the following tabulation:

------------------------------------------------------------------------
                                                               Maximum
                                                              allowable
                                                              EIRP for a
                   Frequency range (MHz)                        fixed
                                                               station
                                                               (Watts)
------------------------------------------------------------------------
2,150 to 2,162.............................................     \1\ 2000
2,596 to 2,680.............................................    \1\ 2000
------------------------------------------------------------------------
\1\ When a Multipoint Distribution Service station uses a non-
  omnidirectional antenna EIRP up to 7943 Watts may be authorized
  pursuant to Sec.  21.904(b) of this Part.


[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 37775, Sept. 26, 1984; 
52 FR 7140, Mar. 9, 1987; 52 FR 37783, Oct. 9, 1987; 54 FR 10328, Mar. 
13, 1989; 54 FR 24905, June 12, 1989; 55 FR 46009, Oct. 31, 1990; 56 FR 
57816, Nov. 14, 1991; 58 FR 49224, Sept. 22, 1993; 61 FR 26675, May 28, 
1996]



Sec. 21.108  [Reserved]



Sec. 21.109  Antenna and antenna structures.

    (a) 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.
    (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 antenna causes or is likely 
to cause interference to any other authorized or proposed station.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 61 
FR 26675, May 28, 1996]



Sec. 21.110  Antenna polarization.

    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 shall be made without prior authorization from the 
Commission.

[52 FR 37783, Oct. 9, 1987]



Sec. 21.111  Use of common antenna structure.

    The simultaneous use of a common antenna structure by more than one 
station authorized under this part, or by one or more stations of any 
other service may be authorized. The owner, however, of each antenna 
structure required to be painted and/or illuminated under the provisions 
of Section 303(q) of the Communications Act of 1934, as amended, shall 
install and maintain

[[Page 47]]

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.

[61 FR 4365, Feb. 6, 1996]



Sec. 21.112  Marking of antenna structures.

    No owner, conditional licensee, or licensee of an antenna structure 
for which obstruction marking or lighting is required and for which an 
antenna structure registration number has been obtained, shall 
discontinue the required painting or lighting without having obtained 
prior written authorization therefor from the Commission. (For complete 
regulations relative to antenna marking requirements, see part 17 of 
this chapter.)

[61 FR 4365, Feb. 6, 1996]



Sec. 21.113  Quiet zones and Arecibo Coordination Zone.

    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. The areas involved and procedures required are 
as follows:
    (a) In order to minimize possible harmful interference at the 
National Radio Astronomy Observatory site located at Green Bank, 
Pocahontas County, West Virginia, and at the Naval Radio Research 
Observatory site at Sugar Grove, Pendleton County, West Virginia, any 
applicant for a station authorization other than mobile, temporary base, 
or temporary fixed seeking authorization 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 bounded by 39 deg.15' N. on the north, 78 deg.30' W. on 
the east, 37 deg.30' N. on the south, and 80 deg.30' W. on the west 
shall, 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, West Virginia 24944, in 
writing, of the technical particulars of the proposed operation. Such 
notification shall include the geographical coordinates of the antenna, 
antenna height, antenna directivity (if any), proposed frequency, type 
of emission, and power. In addition, the applicant shall 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) In order to minimize possible harmful interference at the Table 
Mountain Radio Receiving Zone of the Research Laboratories of the 
Department of Commerce located in Boulder County, Colorado, applicants 
for new or modified radio facilities in the vicinity of Boulder County, 
Colorado are advised to give due consideration prior to filing 
applications, to the need to protect the Table Mountain Radio Receiving 
Zone from harmful interference. To prevent degradation of this 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 728.4 hectare (1800 acre) site (in 
the vicinity of coordinates 40 deg. 07' 50" N Latitude, 105 deg. 15' 40" 
W Longitude) resulting from new assignments (other than mobile stations) 
or from the modification or relocation of existing facilities do not 
exceed the following values:

------------------------------------------------------------------------
                                                    Field     Power flux
                                                  strength   density \1\
                                                  (mV/m) in  (dbW/m2) in
                Frequency range                  authorized   authorized
                                                  bandwidth   bandwidth
                                                 of service   of service
------------------------------------------------------------------------
Below 540 kHz..................................          10        -65.8
540 to 1600 kHz................................          20        -59.8
1.6 to 470 MHz.................................          10    \2\ -65.8
470 to 890 MHz.................................          30    \2\ -54.2

[[Page 48]]

 
Above 890 MHz..................................           1   \2\ -85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120 ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (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 in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.4. kilometers (1.5 miles);
    (ii) Stations within 4.8 kilometers (3 miles) with 50 watts or more 
average effective radiated power (ERP) in the primary plane of 
polarization in the azimuthal direction of the Table Mountain Radio 
Receiving Zone;
    (iii) Stations within 16.1 kilometers (10 miles) with 1 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of Table Mountain Receiving Zone;
    (iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of 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 filling 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, 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 Sec. 0.121(c) of the Commission's Rules. 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) 632-6980.
    (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

[[Page 49]]

guide for determining whether an applicant should coordinate:
    (i) All stations within 2.4 kilometers (1.5 statute miles);
    (ii) Stations within 4.8 kilometers (3 statute miles) 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 16.1 kilometers (10 miles) with 1 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station.
    (iv) Stations within 80.5 kilometers (50 miles) 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 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (c) (2) and (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.
    (d) Any applicant for a new permanent base or fixed station to be 
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and 
Culebra, or for a modification of an existing authorization which would 
change the frequency, power, antenna height, directivity, or location of 
a station on these islands and would increase the likelihood of the 
authorized facility causing interference, shall notify the Interference 
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 
00613, in writing or electronically, of the technical parameters of the 
proposal. Applicants may wish to consult interference guidelines, which 
will be provided by Cornell University. Applicants who choose to 
transmit information electronically should e-mail to: [email protected]
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the antenna (NAD-83 datum), antenna height 
above ground, ground elevation at the antenna, antenna directivity and 
gain, proposed frequency and FCC Rule Part, type of emission, effective 
radiated power, and whether the proposed use is itinerant. Generally, 
submission of the information in the technical portion of the FCC 
license application is adequate notification. In addition, the applicant 
shall indicate in its application to the Commission the date 
notification was made to the Arecibo Observatory.
    (2) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts in order to resolve or mitigate any 
potential interference problem with the Arecibo Observatory and to file 
either an amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted.
    (3) The provisions of this paragraph do not apply to operations that 
transmit on frequencies above 15 GHz.

[44 FR 60534, Oct. 19, 1979, as amended at 44 FR 77167, Dec. 31, 1979; 
50 FR 39001, Sept. 26, 1985; 52 FR 37783, Oct. 9, 1987; 58 FR 44894, 
Aug. 25, 1993; 61 FR 8477, Mar. 5, 1996; 62 FR 55530, Oct. 27, 1997]



Secs. 21.114-21.115  [Reserved]



Sec. 21.116  Topographical data.

    Determining the location and height above sea level of the antenna 
site, the elevation or contour intervals shall 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

[[Page 50]]

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.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]



Sec. 21.117  Transmitter location.

    (a) The applicant shall 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) The owner of the antenna structure should locate and construct 
such structure as to avoid making them hazardous to air navigation. (See 
part 17 of this chapter for provisions relating to antenna structures.) 
Such installation shall be maintained in good structural condition 
together with any required painting or lighting.

[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 4365, Feb. 6, 1996]



Sec. 21.118  Transmitter construction and installation.

    (a) The equipment at the operating and transmitting positions shall 
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 shall be 
equipped with a low-pass or band-pass modulation filter of suitable 
performance characteristics. In those cases where a modulation limiter 
is employed, the modulation filter shall 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 shall 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 shall be provided at each transmitter to permit the 
transmitter to be turned on and off independently of any remote control 
circuits associated therewith.
    (d) [Reserved]
    (e) At each transmitter control point the following facilities shall 
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.
    (2) Facilities which will permit the operator to turn transmitter 
carrier on and off at will.

[[Page 51]]

    (f) Transmitter control circuits from any control point shall 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 shall 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.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]



Sec. 21.119  [Reserved]



Sec. 21.120  Authorization of transmitters.

    (a) Except for transmitters used at developmental stations, each 
transmitter shall be a type which has been certificated by the 
Commission for use under the applicable rules of this part.
    (b) Any manufacturer of a transmitter to be produced for use under 
the rules of this part may request certification 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.
    (c) Certification 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.

[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 3999, Feb. 1, 1984; 50 
FR 7340, Feb. 22, 1985; 58 FR 49226, Sept. 22, 1993; 59 FR 19645, Apr. 
25, 1994; 61 FR 26676, May 28, 1996; 63 FR 36603, July 7, 1998]

    Effective Date Note: At 63 FR 36603, July 7, 1998, Sec. 21.120 was 
amended by removing from paragraph (a) the term ``type accepted'' and 
replacing it with ``certificated''; by removing from paragraphs (b) and 
(c) the term ``type acceptance or notification'' and replacing it with 
``certification''; and by removing the last sentence from both 
paragraphs (b) and (c), effective Oct. 5, 1998. For the convenience of 
the user, the superseded text is set forth as follows:

Sec. 21.120  Authorization of transmitters.

                                * * * * *

    (b) * * * Copies of this list are available for inspection at the 
Commission's office in Washington, DC and at each of its field offices.
    (c) * * * An individual transmitter will not normally be included in 
the Radio Equipment List but will be enumerated on the station 
authorization.



Sec. 21.121  [Reserved]



Sec. 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.
    (b) For purposes of compliance with the emission limitation 
requirements of Sec. 21.106(a)(2) of this part and the requirements of 
paragraph (a) of this section, digital modulation techniques are 
considered as being employed when digital modulation contributes 50 
percent or more to the total peak frequency deviation of a transmitted 
radio frequency carrier. The total peak frequency deviation shall 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 
shall be determined in accordance with Sec. 2.202(f) of part 2 of this 
chapter.
    (c) Transmitters employing digital modulation techniques shall 
effectively eliminate carrier spikes or single frequency tones in the 
output signal to the degree which would be obtained without repetitive 
patterns occurring in the signal.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23451, Apr. 27, 1981; 
49 FR 37775, Sept. 26, 1984; 58 FR 49226, Sept. 22, 1993; 61 FR 26676, 
May 28, 1996]



                     Subpart D--Technical Operation



Sec. 21.200  Station inspection.

    The licensee of each station authorized in the radio services 
included in

[[Page 52]]

this part shall make the station available for inspection by 
representatives of the Commission at any reasonable hour.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]



Sec. 21.201  Posting of station authorization information.

    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.

[52 FR 37784, Oct. 9, 1987]



Secs. 21.202--21.208  [Reserved]



Sec. 21.209  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 shall be afforded priority 
over other messages.
    (b) No person shall 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.



Sec. 21.210  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, That (a) 
That as soon as possible after the beginning of such emergency use, 
notice be sent to the Commission at Washington, D.C. stating the nature 
of the emergency and the use to which the station is being put, and (b) 
that the emergency use of the station shall be discontinued as soon as 
substantially normal communication facilities are again available, and 
(c) that the Commission at Washington, D.C. shall be notified 
immediately when such special use of the station is terminated, and (d) 
that, in no event, shall 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.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.211  Suspension of transmission.

    Transmission shall 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 shall remain suspended until such deviation is corrected, except for 
transmission concerning the immediate safety of life or property, in 
which case transmission shall be suspended immediately after the 
emergency is terminated.



                        Subpart E--Miscellaneous



Sec. 21.300  [Reserved]



Sec. 21.301  National defense; free service.

    Any common carrier or Multipoint Distribution Service non-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 or Multipoint 
Distribution Service non-common carrier rendering any such free service 
shall 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 shall 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 or Multipoint Distribution Service 
non-common carrier for such service

[[Page 53]]

rendered to each agency if charges for such communications had been 
collected at the published tariff rates.

[52 FR 27555, July 22, 1987]



Sec. 21.302  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, 
shall, 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 shall be made at the earliest practicable date with a 
satisfactory explanation of the delay. The answer to each notice shall 
be complete in itself and shall 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 shall 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 shall 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 shall 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 shall set forth the steps taken to prevent a 
recurrence of such lack of attention or improper operation.



Sec. 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 Sec. 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 
Sec. 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

[[Page 54]]

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 non-common carrier to 
common carrier.
    (d) If any 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 and a certification of completion of 
construction has been filed, 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 shall, within thirty days of the end of such 
period of nonuse:
    (1) Submit for cancellation the station license (or licenses) to the 
Commission at Washington, DC 20554.
    (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.

If any frequency authorization is cancelled under this paragraph, the 
Commission will declare by public notice the frequency (or frequencies) 
vacated.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27555, July 22, 1987; 
52 FR 37784, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26676, May 
28, 1996]



Sec. 21.304  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.

[52 FR 37784, Oct. 9, 1987]



Sec. 21.305  Reports required concerning amendments to charters and partnership agreements.

    Any amendments to charters, articles of incorporation or 
association, or partnership agreements shall promptly be filed at the 
Commission's main office in Washington, DC. Such filing shall be 
directed to the attention of the Chief, Common Carrier Bureau.



Sec. 21.306  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.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.307  Equal employment opportunities.

    (a) General policy. Equal opportunities in employment must be 
afforded by all common carrier and Multipoint Distribution Service non-
common carrier licensees or conditional licensees to all qualified 
persons, and no personnel shall be discriminated against in employment 
because of sex, race, color, religion, or national origin.
    (b) Equal employment opportunity program. Each licensee or 
conditional licensee must establish, maintain, and carry out, a positive 
continuing program of specific practices designed to assure equal 
opportunity in every aspect of employment policy and practice. Under the 
terms of its program, a licensee or conditional licensee must:
    (1) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (2) Inform its employees and recognized employee organizations of 
the

[[Page 55]]

positive equal employment opportunity policy and program and enlist 
their cooperation.
    (3) Communicate its equal employment opportunity policy and program 
and its employment needs to sources of qualified applicants without 
regard to sex, race, color, religion, or national origin, and solicit 
their recruitment assistance on a continuing basis.
    (4) Conduct a continuing campaign to exclude every form of prejudice 
or discrimination based upon sex, race, color, religion, or national 
origin, from the licensee's or conditional licensee's personnel policies 
and practices and working conditions.
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to insure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (c) Additional information to be furnished to the Commission. (1) 
Equal Employment Programs to be filed by common carrier and Multipoint 
Distribution Service non-common carrier licensees and conditional 
licensees:
    (i) All licensees or conditional licensees must file a statement of 
their equal employment opportunity program not later than December 17, 
1970, indicating specific practices to be followed in order to assure 
equal employment opportunity on the basis of sex, race, color, religion, 
or national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions, demotion, layoff and termination.
    (A) Any changes or amendments to existing programs should be filed 
with the Commission on April 1 of each year thereafter.
    (B) If a licensee or conditional licensee has fewer than 16 full-
time employees, no such statement need be filed.
    (2) The program should reasonably address itself to such specific 
areas as set forth below, to the extent that they are appropriate in 
terms of licensee size, location, etc.
    (i) To assure nondiscrimination in recruiting. (A) Posting notices 
in the licensee's or conditional licensee's offices informing applicants 
for employment of their equal employment rights and their right to 
notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission, or other appropriate agency. Where a 
substantial number of applicants are Spanish-surnamed Americans such 
notice should be posted in Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited and that they 
may notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission or other appropriate agency if they believe 
they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority-group people in the recruiting 
area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders, and spoksmen to encourage referral of 
qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee or conditional licensee 
hires.
    (ii) To assure nondiscrimination in selection and hiring. (A) 
Instructing personally those on the staff of the licensee or conditional 
licensee who make hiring decisions that all applicants for all jobs are 
to be considered without discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests which have the 
effect of

[[Page 56]]

discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotions. (A) 
Instructing personally those of the licensee's or conditional licensee's 
staff who make decisions on placement and promotion that minority 
employees and females are to be considered without discrimination, and 
that job areas in which there is little or no minority or female 
representation should be reviewed to determine whether this results from 
discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests, which have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties, and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority groups or female 
employees.
    (d) Report of complaints filed against licensees and conditional 
licensees. (1) All licensees or conditional licensees must submit an 
annual report to the FCC no later than May 31 of each year indicating 
whether any complaints regarding violations by the licensee or 
conditional licensee or equal employment provisions of Federal, State, 
Territorial, or local law have been filed before anybody having 
competent jurisdiction.
    (i) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (ii) Any licensee or conditional licensee who has filed such 
information with the EEOC need not do so with the Commission, if such 
previous filing is indicated.
    (e) Complaints of violations of equal employment programs. (1) 
Complaints alleging employment discrimination against a common carrier 
or Multipoint Distribution Service non-common carrier licensee or 
conditional licensee will be considered by the Commission in the 
following manner:
    (i) If a complaint raising an issue of discrimination is received 
against a licensee or conditional licensee who is within the 
jurisdiction of the EEOC, it will be submitted to that agency. The 
Commission will maintain a liaison with that agency which will keep the 
Commission informed of the disposition of complaints filed against any 
of the common carrier or Multipoint Distribution Service non-common 
carrier licensees or conditional licensees.
    (ii) Complaints alleging employment discrimination against a common 
carrier or Multipoint Distribution Service non-common carrier licensee 
or conditional licensee who does not fall under the jurisdiction of the 
EEOC but is covered by appropriate enforceable State law, to which 
penalties apply, may be submitted by the Commission to the respective 
state agency.
    (iii) Complaints alleging employment discrimination against a common 
carrier or Multipoint Distribution Service non-common carrier licensee 
or conditional licensee who does not fall under the jurisdiction of the 
EEOC or an appropriate State law, will be accorded appropriate treatment 
by the FCC.
    (iv) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance with the 
common carrier and Multipoint Distribution Service non-common carrier 
licensees or conditional licensees with the principles of equal 
employment as set forth herein.
    (2) Complaints indicating a general pattern of disregard of equal 
employment practices which are received

[[Page 57]]

against a licensee or conditional licensee who is required to file an 
employment report to the Commission under Sec. 1.815(a) of this chapter, 
will be investigated by the Commission.
    (f) Records available to the public--(1) Commission records. A copy 
of every annual employment report, equal employment opportunity 
programs, and reports on complaints regarding violations of equal 
employment provisions of Federal, State, territorial, or local law, and 
copies of all exhibits, letters, and other documents filed as part 
thereof, all amendments thereto, all correspondence between the 
conditional licensee or licensee and the Commission pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the Commission.
    (2) Records to be maintained locally for public inspection by 
licensees or conditional licensees--(i) Records to be maintained. Each 
common carrier or Multipoint Distribution Service non-common carrier 
licensee or conditional licensee required to file annual employment 
reports, equal employment opportunity programs, and annual reports on 
complaints regarding violations of equal employment provisions of 
Federal, State, territorial, or local law must maintain, for public 
inspection, in the same manner and in the same locations as required for 
the keeping and posting of tariffs as set forth in Sec. 61.72 of this 
chapter, a file containing a copy of each such report and copies of all 
exhibits, letters, and other documents filed as part thereto, all 
correspondence between the conditional licensee or licensee and the 
Commission pertaining to the reports after they have been filed and all 
documents incorporated therein by reference.
    (ii) Period of retention. The documents specified in paragraph 
(f)(2)(i) of this section shall be maintained for a period of 2 years.
    (g) Cross reference. Applicability of cable television EEO 
requirements to MDS and MMDS facilities, see Sec. 21.920.

[44 FR 60534, Oct. 19, 1979, as amended at 56 FR 57816, Nov. 14, 1991; 
58 FR 42249, Aug. 9, 1993]



                 Subpart F--Developmental Authorizations



Sec. 21.400  Eligibility.

    Developmental authorizations for stations in the radio services 
included in this part will be issued only to existing and proposed 
communication common carriers who are legally, financially and otherwise 
qualified to conduct experimentation utilizing hertzian waves for the 
development of engineering or operational data, or techniques, directly 
related to a proposed part 21 radio service or to a regularly 
established radio service regulated by the rules of this part.



Sec. 21.401  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, or 
transmission paths.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.402  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, shall be substantially adhered to unless the licensee is 
otherwise authorized by the Commission.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.403  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 common carrier 
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

[[Page 58]]

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 (other than Broadcast).) 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 which are intended to be used in the 
development of a proposed service shall 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.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.404  Terms of grant; general limitations.

    (a) Developmental authorizations normally shall be issued for one 
year, or such shorter term as the Commission may deem appropriate in any 
particular case, and shall 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 (Sec. 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.



Sec. 21.405  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 shall 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 
Sec. 21.406 (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

[[Page 59]]

public interest, convenience or necessity would be served by renewal of 
such authorization.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.406  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 shall 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) A listing of any patents applied for, including copies of any 
patents issued as a consequence of the activities carried forth under 
the authorization.
    (5) Detailed analysis of the result obtained.
    (6) 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 shall 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.
    (7) Type of signals or communications employed in the experimental 
work.
    (c) Normally, developmental reports will be made a part of the 
Commission's public records. However, an applicant may request that the 
Commission withhold from the public certain reports and associated 
material relative to the accomplishments achieved under developmental 
authorization, and, if it appears that such information should be 
withheld, the Commission will so direct.



                        Subparts G--J [Reserved]



               Subpart K--Multipoint Distribution Service



Sec. 21.900  Eligibility.

    Authorizations for stations in this service will be granted to 
existing and proposed communications common carriers and non-common 
carriers. Applications will be granted only in cases where it can be 
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 and necessity would be served 
by a grant thereof.

The applicant shall state whether or not service will be provided on a 
common carrier or non common carrier basis. In addition, a common 
carrier applicant shall state whether there is any affiliation or 
relationship to any intended or likely subscriber or program originator.

[52 FR 27556, July 22, 1987, as amended at 56 FR 57817, Nov. 14, 1991; 
60 FR 36552, July 17, 1995]



Sec. 21.901  Frequencies.

    (a) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 
MHz, 2662-2668 MHz, and 2674-2680 MHz are available for assignment to 
fixed stations in this service. Frequencies in the band 2150-2160 MHz 
are shared with non-broadcast omnidirectional radio systems licensed 
under other parts of the Commission's Rules, and frequencies in the band 
2160-2162 MHz are shared with directional radio systems authorized in 
other common carrier services. Frequencies in the 2596-2644

[[Page 60]]

MHz band are shared with Instructional Television Fixed Service Stations 
licensed under part 74 of the Commission's Rules. The response channels 
E1, E2, F1, and F2 listed in Sec. 74.939(d) of this chapter are 
grandfathered for fixed stations in this band and are shared with 
Instructional Television Fixed Service Stations licensed under part 74 
of the commission's rules; the existing response channels E3, E4, F3, 
and F4 listed in Sec. 74.939(d) of this chapter are grandfathered and 
licensed under this part 21.
    (b) Applicants may be assigned a channel(s) according to one of the 
following frequency plans:
    (1) At 2150-2156 MHz (designated as channel 1),
    (2) At 2156-2162 MHz (designated as channel 2), or
    (3) At 2156-2160 MHz (designated as channel 2A), or
    (4) At 2596-2602 MHz, 2608-2614 MHz, 2620-2626 MHz, and 2632-2638 
MHz (designated as channels E1, E2, E3, and E4, respectively, with the 
four channels to be designated the E-group channels), and response 
channels E1 and E2 (1) listed in Sec. 74.939(d) of this chapter,\1\ or
    (5) At 2602-2608 MHz, 2614-2620 MHz, 2626-2632 MHz, and 2638-2644 
MHz (designated as channels F1, F2, F3, and F4, respectively, with the 
four channels to be designated the F-group channels), and response 
channels F1 and F2 listed in Sec. 74.939(d) of this chapter,\1\ or
    (6) At 2650-2656 MHz, 2662-2668 MHz, and 2674-2680 MHz (designated 
as channels H1, H2 and H3, respectively, with the three channels to be 
designated the H-group channels).\1\
    (c) Channel 2 will be assigned only where there is evidence that no 
harmful interference will occur to any authorized point-to-point 
facility in the 2160-2162 MHz band. Channel 2 may be assigned only if 
the transmitting antenna of the station is to be located within 16.1 
kilometers (10 miles) of the coordinates of the following metropolitan 
areas:

------------------------------------------------------------------------
             Principal City                         Coordinates
------------------------------------------------------------------------
Akron, Ohio.............................  Lat. 41 deg.05'06" N., long.
                                           81 deg.31'06" W.
Albany-Schenectady-Troy, N.Y............  Lat. 42 deg.39'00" N., long.
                                           73 deg.45'24" W.
Anaheim-Santa Ana-Garden Grove, Calif...  Lat. 33 deg.46'30" N., long.
                                           117 deg.54'48" W.
Atlanta, Ga.............................  Lat. 33 deg.45'00" N., long.
                                           84 deg.23'12" W.
Baltimore, Md...........................  Lat. 39 deg.17'18" N., long.
                                           76 deg.37'00" W.
Birmingham, Ala.........................  Lat. 33 deg.30'42" N., long.
                                           86 deg.48'24" W.
Boston, Mass............................  Lat. 42 deg.21'42" N., long.
                                           71 deg.03'30" W.
Buffalo, N.Y............................  Lat. 42 deg.53'12" N., long.
                                           78 deg.52'30" W.
Chicago, Ill............................  Lat. 41 deg.53'00" N., long.
                                           87 deg.37'30" W.
Cincinnati, Ohio........................  Lat. 39 deg.06'00" N., long.
                                           84 deg.30'48" W.
Cleveland, Ohio.........................  Lat. 41 deg.29'48" N., long.
                                           81 deg.42'00" W.
Columbus, Ohio..........................  Lat. 39 deg.57'42" N., long.
                                           83 deg.00'06" W.
Dallas, Tex.............................  Lat. 32 deg.46'36" N., long.
                                           96 deg.48'42" W.
Dayton, Ohio............................  Lat. 39 deg.45'24" N., long.
                                           84 deg.11'42" W.
Denver, Colo............................  Lat. 39 deg.44'24" N., long.
                                           104 deg.59'18" W.
Detroit, Mich...........................  Lat. 42 deg.20'00" N., long.
                                           83 deg.03'00" W.
Fort Worth, Tex.........................  Lat. 32 deg.45'00" N., long.
                                           97 deg.17'42" W.
Gary, Ind...............................  Lat. 41 deg.36'00" N., long.
                                           87 deg.20'00" W.
Hartford, Conn..........................  Lat. 41 deg.46'00" N., long.
                                           72 deg.40'30" W.
Houston, Tex............................  Lat. 29 deg.45'48" N., long.
                                           95 deg.21'42" W.
Indianapolis, Ind.......................  Lat. 39 deg.46'12" N., long.
                                           86 deg.09'18" W.
Kansas City, Mo.........................  Lat. 39 deg.06'00" N., long.
                                           94 deg.34'42" W.
Los Angeles-Long Beach, Calif...........  Lat. 34 deg.03'18" N., long.
                                           118 deg.15'00" W.
Louisville, Ky..........................  Lat. 38 deg.14'48" N., long.
                                           85 deg.45'42" W.
Memphis, Tenn...........................  Lat. 35 deg.07'30" N., long.
                                           90 deg.03'24" W.
Miami, Fla..............................  Lat. 25 deg.46'30" N., long.
                                           80 deg.11'24" W.
Milwaukee, Wis..........................  Lat. 43 deg.02'18" N., long.
                                           87 deg.54'48" W.
Minneapolis-St. Paul, Minn..............  Lat. 44 deg.59'00" N., long.
                                           93 deg.15'48" W.
New Orleans, La.........................  Lat. 29 deg.57'48" N., long.
                                           90 deg.03'48" W.
New York City, N.Y.-Newark-Jersey City-   Lat. 40 deg.42'30" N., long.
 Paterson, N.J.                            74 deg.00'00" W.
Norfolk, Va.............................  Lat. 36 deg.50'42" N., long.
                                           76 deg.17'12" W.
Oklahoma City, Okla.....................  Lat. 35 deg.29'30" N., long.
                                           97 deg.30'12" W.
Philadelphia, Pa........................  Lat. 39 deg.57'00" N., long.
                                           75 deg.09'48" W.
Phoenix, Ariz...........................  Lat. 33 deg.27'18" N., long.
                                           112 deg.04'24" W.
Pittsburgh, Pa..........................  Lat. 40 deg.26'12" N., long.
                                           80 deg.00'30" W.
Portland, Oreg..........................  Lat. 45 deg.32'06" N., long.
                                           122 deg.37'12" W.
Providence, R.I.........................  Lat. 41 deg.49'00" N., long.
                                           71 deg.24'24" W.
Rochester, N.Y..........................  Lat. 43 deg.09'30" N., long.
                                           77 deg.36'30" W.
Sacramento, Calif.......................  Lat. 38 deg.35'06" N., long.
                                           121 deg.29'24" W.
San Antonio, Tex........................  Lat. 29 deg.25'24" N., long.
                                           98 deg.29'43" W.
San Bernardino-Riverside, Calif.........  Lat. 34 deg.06'30" N., long.
                                           117 deg.18'36" W.
San Diego, Calif........................  Lat. 32 deg.42'48" N., long.
                                           117 deg.09'12" W.
San Francisco-Oakland, Calif............  Lat. 37 deg.46'30" N., long.
                                           122 deg.25'00" W.
San Jose-Palo Alto-Sunnyvale, Calif.....  Lat. 37 deg.22'36" N., long.
                                           122 deg.02'00" W.
Seattle-Everett, Wash...................  Lat. 47 deg.35'48" N., long.
                                           122 deg.19'48" W.
St. Louis, Mo...........................  Lat. 38 deg.37'00" N., long.
                                           90 deg.11'36" W.
Syracuse, N.Y...........................  Lat. 43 deg.03'06" N., long.
                                           76 deg.09'00" W.
Tampa-St. Petersburg, Fla...............  Lat. 27 deg.57'06" N., long.
                                           82 deg.27'00" W.
Toledo, Ohio............................  Lat. 41 deg.38'48" N., long.
                                           83 deg.32'30" W.
Washington, D.C.........................  Lat. 38 deg.53'30" N., long.
                                           77 deg.02'00" W.
------------------------------------------------------------------------

    (d) Frequencies in the band 2596-2644 MHz and associated response 
channels will be assigned only in accordance with the following 
conditions:
    (1)-(2)  [Reserved]
    (3) All applicants for frequencies in this band must specify the 
channels being applied for; however, the Commission may on its own 
initiative assign different channels in the band if it

[[Page 61]]

is determined that such action would serve the public interest.
    (4) Notwithstanding the provisions of Sec. 21.31 of this part, 
applications for frequencies in this band will be accepted only on the 
date(s) specified by the Commission.
    (5) Notwithstanding the provision of Sec. 21.31(a) all applications, 
except for those filed on or after September 15, 1995, that propose to 
locate transmission facilities within or within 24.1 kilometers (15 
miles) of the border of a Standard Metropolitan Statistical Area (SMSA) 
will be considered together. In the case of a Standard Consolidated 
Statistical Area (SCSA) all applications that propose to locate 
facilities within or within 24.1 kilometers (15 miles) of the boundary 
of any SMSA contained in the SCSA will be considered together. In those 
cases in which an applicant proposes to locate its transmission 
facilities so that it will be located in, or within 24.1 kilometers (15 
miles) of, more than one SMSA, the applicant must specify which SMSA it 
intends to be its primary service area. Each application will be 
entitled to comparative consideration or to be included in a lottery in 
only one such service area.
    (6) Licensees or permittees of the frequencies in this band may 
petition the Commission to authorize exchange of assigned channels to 
allow adjacent channel operation. For example, one licensee may be 
assigned channels E1, F1, E2 and 
F2 and the other licensee could be assigned channels 
E3, F3, E4 and F4. Such a 
petition will be granted if the petitioners show that the exchange will 
result in better service to the public.
    (7) All applications for frequencies in this band, except for those 
filed on or after September 15, 1995, must contain a showing of how 
interference with the operation of adjacent channels will be avoided and 
what steps the applicant has taken to comply with Sec. 21.902(a) of this 
part.
    (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 point-to-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.
    (f) MDS H-channel applications. Frequencies in the bands 2650-2656 
MHz, 2662-2668 MHz, or 2674-2680 MHz must be assigned only in accordance 
with the following conditions: All applications for MDS H-channel 
stations must specify either the H1, H2, or H3 channel for which an 
application is filed; however, the Commission may on its own initiative 
assign different channels in these frequency bands if it is determined 
that such action would serve the public interest.

    Notes: \1\ No response channels are provided for channels E3, E4, 
F3, F4, H1, H2, and H3.


[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33900, July 26, 1983; 
49 FR 25479, June 21, 1984; 49 FR 37777, Sept. 26, 1984; 55 FR 46009, 
Oct. 31, 1990; 56 FR 57598, Nov. 13, 1991; 56 FR 57817, Nov. 14, 1991; 
58 FR 11798, Mar. 1, 1993; 58 FR 44895, Aug. 25, 1993; 60 FR 36552, July 
17, 1995; 61 FR 26676, May 28, 1996]



Sec. 21.902  Frequency interference.

    (a) All applicants, conditional licensees, and licensees shall make 
exceptional efforts to avoid harmful interference to other users and to 
avoid blocking potential adjacent channel use in the same city and 
cochannel use in nearby cities. In areas where major cities 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, conditional 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 frequency in this service, each 
applicant, conditional licensee, and licensee is required to:
    (1) Not enter into any lease or contract or otherwise take any 
action that would unreasonably prohibit location of another station's 
transmitting antenna at any given site inside its own protected service 
area.
    (2) Cooperate fully and in good faith to resolve interference and 
transmission security problems.
    (3) Engineer the system to provide at least 45 dB of cochannel 
interference

[[Page 62]]

protection within the 56.33 km (35 mile) protected service area of any 
authorized or previously proposed station that transmit, or may 
transmit, signals for standard television reception.
    (4) Engineer the station to provide at least 0 dB of adjacent 
channel interference protection within the 56.33 km (35 mile) protected 
service area of any authorized or previously proposed station that 
transmits, or may transmit, signals for standard television reception.
    (5)(i) Engineer the station to limit the calculated free space power 
flux density to -73 dBW/m2 at the boundary of a 56.33 km (35 
mile) protected service area, where there is an unobstructed signal path 
from the transmitting antenna to the boundary; or alternatively, obtain 
the written consent of the entity authorized for the adjoining area to 
exceed the -73 dBW/m2 limiting signal strength at the common 
boundary.
    (ii) In determining signal path conditions, the following shall be 
used: a 9.1 meter (30 feet) receiving antenna height, the transmitting 
antenna height, terrain elevations and 4/3 earth radius propagation 
conditions.
    (6) If a proposed station is within 80 km (50 miles) of the Canadian 
or Mexican border, the station must be designed to meet the requirements 
set forth in international treaties.
    (c) The following interference studies must be prepared, must be 
available to the Commission upon request, and may be submitted as part 
of any application:
    (1) An analysis of the potential for harmful interference within the 
56.33 km (35 mile) protected service areas of any authorized or 
previously proposed incumbent station:
    (i) If the coordinates of the applicant's proposed transmitter are 
within 160.94 km (100 miles) of the center coordinates of any authorized 
or previously proposed incumbent station with protected service area of 
56.33 km (35 miles) as specified in Sec. 21.902(d); or
    (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 Secs. 21.901(a) 
and 74.902 of this chapter);
    (2) Applicants may design interference studies in any manner that 
demonstrates the avoidance of harmful interference, as defined in this 
subpart.
    (i) In lieu of interference studies, applicants may submit in 
accordance with Sec. 21.938 a written statement of no objection to the 
operation of the MDS station.
    (ii) The Commission may direct applicants to submit interference 
studies of a specific nature.
    (3) Except for new stations proposed in applications filed after 
September 15, 1995, in the case of a proposal to operate a non-colocated 
station within the protected service area of an authorized, or 
previously proposed, adjacent channel station, an analysis that 
identifies the areas within the protected service areas of both the 
authorized or previously proposed adjacent channel station and the 
proposed station that cannot be protected as specified in 
Sec. 21.902(b)(4) and an explanation of why the proposed station cannot 
be colocated with the existing or previously proposed station.
    (4) In the case of a proposal for use of channel 2, an analysis of 
the potential for harmful interference with any authorized point-to-
point station located within 80.5 kilometers (50 miles) which utilizes 
the 2160-2162 MHz band; and
    (d)(1) Subject to the limitations contained in paragraph (e) of this 
section, each MDS station licensee shall be protected from harmful 
electrical interference, as determined by the theoretical calculations, 
within a protected service area of which the boundary will be 56.3255 
kilometers (35 miles) from the transmitter site.
    (2) As of September 15, 1995, the location of these protected 
service area boundaries shall become fixed. The center of the circular 
area shall be the geographic latitude and longitude of the transmitting 
antenna site specified in station authorizations or previously

[[Page 63]]

proposed applications filed at the Commission before September 15, 1995. 
Subsequent transmitter site changes will not change the location of the 
56.3255 kilometers (35 mile) protected service area boundaries.
    (e) No MDS licensee will be protected from harmful interference 
caused by:
    (1) Any station with an earlier filing date.
    (2) Any station that was authorized before July 1984.
    (3) Any multichannel MDS station whose application was pending on 
September 9, 1983.
    (f) In addressing potential harmful interference in this service, 
the following definitions, procedures and other criteria shall apply:
    (1) Co-channel interference is defined as the ratio of the desired 
signal to the undesired signal present in the desired channel, at the 
output of a reference receiving antenna oriented to receive the maximum 
desired signal. Harmful interference will be considered present when a 
free space calculation for an unobstructed signal path determines that 
this ratio is less than 45 dB.
    (2) Adjacent channel interference is defined as the ratio of the 
desired signal to undesired signal present in an adjacent channel, at 
the output of a reference receiving antenna oriented to receive the 
maximum desired signal level. Harmful interference will be considered 
present when a free space calculation for an unobstructed signal path 
determines that this ratio is less than 0 dB. In the alternative, 
harmful interference will be considered present for an Instructional 
Television Fixed Service (ITFS) station constructed before May 26, 1983, 
when a free space calculation determines that this ratio is less than 10 
dB, unless the license for a Multipoint Distribution Service station in 
the 2596-2690 MHz frequency band is conditioned on the proffer to the 
affected ITFS station licensee of equipment capable of providing a ratio 
of 0 dB or more at no expense to the ITFS station licensee, and also 
conditioned, if necessary, on installation of such equipment, absent a 
showing by the affected ITFS station licensee demonstrating good cause 
and that the proposed equipment will not provide a ratio of 0 dB or more 
or that installation of such equipment, at no expense to the ITFS 
station licensee, is not possible.
    (3) For purposes of this section all interference calculations 
involving receive antenna performance shall use the reference antenna 
characteristics shown in figure 1.

[[Page 64]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.040


[[Page 65]]


    (4) For purposes of this section, the received signal power level 
(RSL)dBW at the output of the FCC reference receiving antenna 
is obtained from the following formulas (or an equivalent adaptation):

(RSL)dBW=(EIRP)dBW-(LFS)dB+(G
AR)dB
where the free space loss (LFS) is
(LFS)dB=20 log (4d/)dB

in which the parameters are defined as follows:
    (RSL)dBW is the received power in decibels referenced to 
one watt.
    (EIRP)dBW is the equivalent isotropically radiated power 
in decibels above one watt.
    d is the distance of the signal path in meters.
     is the wavelength of the signal in meters.
    GAR is the dB gain of the reference receiving antenna 
above an isotropic antenna (obtained from Figure 1 of this section.)
    (5) A determination of signal path conditions shall use a 9.1 meters 
(30 feet) receiving antenna height, the transmitting antenna height, 
terrain elevation, and assume 4/3 earth radius propagation conditions.
    (6) An application will not be accepted for filing if cochannel or 
adjacent channel interference is predicted at the boundary of the 56.33 
km (35 mile) protected service area of an authorized or previously 
proposed incumbent station based on the following criteria:
    (i) Interference calculations shall be made only for directions 
where there is an unobstructed signal path from the site of a proposed 
station to the boundary of any protected area.
    (ii) Calculations of received power levels in units of dBW from the 
proposed station will be made at one degree intervals around the 
protected service area.
    (iii) The assumed value of the desired signal level at the boundary 
of an incumbent station shall be -83 dBW, which is the calculated 
received power in free space at a distance of 56.33 km (35 miles), given 
at EIRP of 2000 watts and a receiver antenna gain of 20 dBi.
    (iv) Harmful interference will be considered to occur at locations 
along the boundary wherever the ratio between the desired signal level 
of -83 dBw and the received power from a proposed cochannel or adjacent 
channel station is less than 45 dB or 0 dB for cochannel or adjacent 
channel proposals, respectively.
    (7) Alternatively, MDS applications will be accepted on the basis of 
an executed written interference agreement between potentially affected 
parties filed in accordance with Sec. 21.938.
    (g)(1) All interference studies prepared pursuant to paragraph (c) 
of this section must be served on all licensees, conditional licensees, 
and applicants for the stations required to be studied by this section. 
This service must include a copy of the FCC application and occur on or 
before the date the application is filed with the Commission.
    (2) MDS licensees, conditional licensees and applicants of 
facilities with 56.33 km (35 mile) protected service areas shall notify 
in writing the holders of authorizations for adjoining BTAs or PSAs of 
application filings for modified station licenses, provided the proposed 
facility would produce an unobstructed signal path to any location 
within the adjoining BTA or PSA. This service must include a copy of the 
FCC application and occur on or before the date the application is filed 
with the Commission.
    (h) For purposes of Sec. 21.31(a), an MDS application, except for 
those applications filed on or after September 15, 1995, filed for a 
facility that would cause harmful electrical interference within the 
protected service area of any authorized or previously proposed station 
will be presumed to be mutually exclusive with the application for such 
authorized or previously proposed station.
    (i)(1) For each application for a new station, or amendment thereto, 
or modification application, or amendment thereto, proposing Multipoint 
Distribution Service (MDS) facilities on the E, F, or H channels, filed 
on October 1, 1995, or thereafter, on or before the day the application 
or amendment is filed, the applicant must prepare, but is not required 
to submit with its application or amendment, an analysis demonstrating 
that operation of the MDS applicant's transmitter will not cause harmful 
electrical interference to each registered receive site of any

[[Page 66]]

existing D, E, F, or G channel Instructional Television Fixed Service 
station licensed, with a construct permit, or proposed in a pending 
application on the day such MDS application is filed, with an ITFS 
transmitter site within 50 miles of the coordinates of the MDS station's 
proposed transmitter site.
    (2) For each application described in paragraph (i)(1) of this 
section, the applicant must serve, by certified mail, return receipt 
requested, on or before the day the application or amendment described 
in paragraph (i)(1) of this section is initially filed with the 
Commission, a copy of the complete MDS application or amendment, 
including each exhibit and interference study, described in paragraph 
(i)(1) of this section, on each ITFS licensee, construction permittee, 
or applicant described in paragraph (i)(1) of this section.
    (3) For each application described in paragraph (i)(1) of this 
section, the applicant must certify and file, with the application or 
amendment, its certification of its compliance with the requirements of 
paragraph (i)(2) of this section.
    (4) For each application described in paragraph (i)(1) of this 
section, the applicant must file, on or before the 30th day after the 
application or amendment described in paragraph (i)(1) of this section 
is initially filed with the Commission, a written notice which contains 
the following:
    (i) Caption--ITFS Service Notice;
    (ii) Applicant's name, address, proposed service area and channel 
group, and application file number, if known;
    (iii) A list of each ITFS licensee and construction permittee 
described in paragraph (i)(1) of this section;
    (iv) The address of each ITFS licensee and construction permittee 
described in paragraph (i)(1) of this section used for service; and
    (v) A list of the date each ITFS licensee and construction permittee 
described in paragraph (i)(1) of this section received a copy of the 
complete application or amendment described in paragraph (i)(1) of this 
section, or a notation of lack of receipt by the ITFS licensee or 
construction permittee of a copy of the complete application or 
amendment, on or before such 30th day, together with a description of 
its efforts for receipt by each such licensee or construction permittee 
lacking receipt of the application.
    (5) The public notices described in paragraph (i)(6) of this section 
are as follows:
    (i) For initial applications for new MDS stations which participate 
in a lottery, this public notice is the notice announcing the selection 
of the applicant's application by lottery for qualification review.
    (ii) For initial applications for new MDS stations which participate 
in a competitive bidding process, this public notice is the notice 
announcing the application of the winning bidder in the competitive 
bidding process has been accepted for filing.
    (iii) For initial applications for new MDS stations which do not 
participate in a lottery or a competitive bidding process, this public 
notice is the notice announcing that the applicant's application is not 
mutually-exclusive with other MDS applications.
    (iv) For MDS modification applications, this public notice is the 
notice announcing that the modification application has been accepted 
for filing.
    (6)(i) Notwithstanding the provisions of Sections 1.824(c) and 
21.30(a)(4), for each application described in paragraph (i)(1) of this 
section, each ITFS licensee and each ITFS construction permittee 
described in paragraph (i)(1) of this section may file with the 
Commission on or before the 30th day after the public notice described 
in paragraph (i)(5) of this section, a petition to deny the MDS 
application.
    (ii) Except for the requirements as to the filing time deadline, 
this petition to deny must otherwise comply with the provisions of 
Section 21.30.
    (iii) In addition, this ITFS petition to deny must:
    (A) Identify the subject MDS application, including the applicant's 
name, station location, channel group, and application file number;
    (B) Include a certificate of service demonstrating service on the 
subject MDS applicant by certified mail, return receipt requested, on or 
before the 30th day after the MDS public notice described in paragraph 
(i)(5) of this section;

[[Page 67]]

    (C) Include a demonstration that it made efforts to reach agreement 
with the MDS applicant but was unable to do so;
    (D) Include an engineering analysis that operation of the proposed 
MDS station will cause harmful interference to its ITFS station;
    (E) Include a demonstration, in those cases in which the MDS 
applicant's analysis is dependent upon modification(s) to the ITFS 
facility, that the harmful interference cannot be avoided by the 
proposed substitution of new or modified equipment to be supplied and 
installed by the MDS applicant, at no expense to the ITFS licensee or 
construction permittee; and
    (F) Be limited to raising objections concerning the potential for 
harmful interference to its ITFS station or concerning a failure by the 
MDS applicant to serve the ITFS licensee or construction permittee with 
a copy of the complete application or amendment described in paragraph 
(i)(1) of this section.
    (iv) The Commission will presume an ITFS licensee or construction 
permittee described in paragraph (i)(1) of this section has no objection 
to operation of the MDS station, if the ITFS licensee or construction 
permittee fails to file a petition to deny by the deadline prescribed in 
paragraph (i)(6)(i) of this section.
    (j) If the initial application for facilities in the 2596-2644 
frequency band was filed on September 9, 1983, an applicant proposing to 
modify such facilities must include with its modification application:
    (1) An analysis demonstrating that the modification will not 
increase the size of the geographic area suffering harmful interference 
within the protected service area of existing or proposed co-channel or 
adjacent-channel facilities in the 2596-2644 MHz frequency band with a 
transmitter site within 80.5 km (50 miles) of the modifying station's 
transmitter site of the initial application for the interfered-with 
station was filed on September 9, 1983; and
    (2) An analysis demonstrating that the modification will not cause 
harmful interference to any new portion of the protected service area of 
existing or proposed co-channel or adjacent-channel facilities in the 
2596-2644 frequency band with a transmitter site within 80.5 km (50 
miles) of the modifying station's transmitter site, if the initial 
application for the interfered-with station was filed on September 9, 
1983.
    (k) If an initial application for facilities in the 2596-2644 
frequency band was filed on September 9, 1983, a licensee proposing to 
modify a constructed station may request exclusion from the interference 
analysis prescribed at Sec. 21.902(c) (1) and (2) with respect to 
another specified application for E or F channel facilities, if the 
modifying licensee files as part of its modification application a 
demonstration that:
    (1) The MDS application for which exclusion is requested was 
proposed by an initial application filed on September 9, 1983;
    (2) The MDS application for which exclusion is requested is not yet 
perfected by the submission of the information necessary for processing, 
as of the date of filing of the modification application; and
    (3) A copy of the licensee's modification application, including the 
demonstration specified in this paragraph, was served on the MDS 
applicant for which exclusion is requested, on or before the date of 
filing of the modification application.

[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33901, July 26, 1983; 
49 FR 25479, June 21, 1984; 52 FR 27556, July 22, 1987; 55 FR 46010, 
Oct. 31, 1990; 56 FR 57598, Nov. 13, 1991; 56 FR 57818, Nov. 14, 1991; 
56 FR 65191, Dec. 16, 1991; 58 FR 11798, Mar. 1, 1993; 58 FR 44895, Aug. 
25, 1993; 60 FR 36553, July 17, 1995; 60 FR 36739, July 18, 1995; 60 FR 
57367, Nov. 15, 1995; 61 FR 18098, Apr. 24, 1996; 61 FR 26676, May 28, 
1996]

    Effective Date Note: At 61 FR 18098, Apr. 24, 1996, Sec. 21.902 was 
amended by revising paragraphs (i)(1) and (i)(2). These paragraphs 
contain information collection and recordkeeping requirements and will 
not become effective until approval has been given by the Office of 
Management and Budget.



Sec. 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)

[[Page 68]]

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 non-common 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.
    (b) Unless otherwise directed or conditioned in the applicable 
instrument of authorization, Multipoint Distribution Service stations 
may render any kind of communications service consistent with the 
Commission's rules on a common carrier or on a non-common carrier basis, 
Provided That:
    (1) Unless service is rendered on a non-common carrier basis, the 
common carrier controls the operation of all receiving facilities 
(including any equipment necessary to convert the signal to a standard 
television channel but excluding the television receiver); and
    (2) Unless service is rendered on a non-common carrier basis, the 
common carrier's tariff allows the subscriber the option of owning the 
receiving equipment (except for the decoder) so long as:
    (i) The customer provides the type of equipment as specified in the 
tariff;
    (ii) Such equipment is in suitable condition for the rendition of 
satisfactory service; and
    (iii) Such equipment is installed, maintained, and operated pursuant 
to the common carrier's instructions and control.
    (c) The carrier's tariff shall fully describe the parameters of the 
service to be provided, including the degree of privacy of 
communications a subscriber can expect in ordinary service. If the 
ordinary service does not provide for complete security of transmission, 
the tariff shall make provision for service with such added protection 
upon request.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27556, July 22, 1987; 
61 FR 26676, May 28, 1996]



Sec. 21.904  Transmitter power.

    (a) The maximum equivalent isotropically radiated power (EIRP) of a 
transmitter station in this service shall not exceed 2000 watts (33 dBW) 
except as provided in paragraph (b) of this section.
    (b) If a station uses a transmitting antenna with a non-
omnidirectional horizontal plane radiation pattern, the maximum 
equivalent isotropically radiated power (EIRP) in dBW in a given 
direction shall be determined by the following formula:

EIRP=33 dBW+10 log (360/beamwidth) [where 10 log (360/beamwidth) 
          6 dB].


Beamwidth is the total horizontal plane beamwidth of the transmitting 
antenna system in degrees, measured at the half-power points.
    (c) An increase in station transmitter power, above currently-
authorized or previously proposed values, to the maximum values provided 
in paragraphs (a) and (b) of this section, may be authorized, if the 
requested power increase would not cause harmful interference to any 
authorized or previously proposed co-channel or adjacent-channel station 
with a transmitter site within 80.5 kilometers (50 miles) of the 
applicant's transmitter site, or if an applicant demonstrates that:
    (1) A station, that must be protected from interference, potentially 
could suffer interference that would be eliminated by increasing the 
power of the interfered-with station; and
    (2) The interfered-with stations may increase it own power 
consistent with the rules; and
    (3) The applicant requesting authorization of a power increase 
agrees to pay all expenses associated with the increase in power to the 
interfered-with station.
    (d) For television transmission if the authorized bandwidth is 4.0 
MHz or more for the visual and accompanying aural signal, the peak power 
of the accompanying aural signal must not exceed 10 percent of the peak 
visual

[[Page 69]]

power of the transmitter. The Commission may order a reduction in aural 
signal power to diminish the potential for harmful interference.

[55 FR 46010, Oct. 31, 1990, as amended at 58 FR 44896, Aug. 25, 1993; 
60 FR 36554, July 17, 1995; 60 FR 57367, Nov. 15, 1995]



Sec. 21.905  Emissions and bandwidth.

    (a) A station transmitting a television signal shall not exceed a 
bandwidth of 6 MHz (for both visual signal and accompanying aural 
signal), and will normally employ vestigial sideband, amplitude 
modulation (C3F) for the visual signal, and frequency modulation (F3E) 
or (G3E) for the accompanying aural signal.
    (b) For purposes other than standard television transmission, 
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. However, in no event shall the necessary or occupied 
bandwidth, whichever is greater, exceed 6 MHz.
    (c) Any licensee of a station in the 2150-2162 MHz or 2596-2644 MHz, 
2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz frequency bands, after 
notice and opportunity for hearing, may be required to use the frequency 
offset technique to avoid or to minimize harmful interference to another 
licensed station in the 2150-2162 MHz and 2596-2544 MHz, 2650-2656 MHz, 
2662-2668 MHz, and 2674-2680 MHz frequency bands or to make other 
changes as provided in Secs. 21.100, 21.107, 21.900, 21.901, 21.902, 
21.904, 21.905(a), 21.905(b), 21.906, 21.907, and 21.908 of this part.

[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 48700, Dec. 14, 1984; 
55 FR 46011, Oct. 31, 1990; 56 FR 57818, Nov. 14, 1991]



Sec. 21.906  Antennas.

    (a) Transmitting antennas shall be omnidirectional, except that a 
directional antenna with a main beam sufficiently broad to provide 
adequate service may be used either to avoid possible interference with 
other users in the frequency band, or to provide coverage more 
consistent with distribution of potential receiving points. When an 
applicant proposes to employ a directional antenna, the applicant shall 
provide the Commission with information regarding the orientation of the 
directional antenna, expressed in degree of azimuth, with respect to 
true north.
    (b) The use of horizontal or vertical plane wave polarization, or 
right hand or left hand rotating elliptical polarization may be used to 
minimize the hazard of harmful interference between systems.
    (c) Transmitting antennas located within 56.3 kilometers (35 miles) 
of the Canadian border should be directed so as to minimize, to the 
extent that is practical, emissions toward the border.
    (d) Directive receiving antennas shall be used at all points and 
shall be elevated no higher than necessary to assure adequate service. 
Receiving antenna height shall not exceed the height criteria of part 17 
of this chapter, unless 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 the erection of the 
antenna. Requests for such authorization shall show the inclusive dates 
of the proposed operation. (See part 17 of this chapter concerning the 
construction, marking and lighting of antenna structures.)

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37786, Oct. 9, 1987; 58 
FR 44896, Aug. 25, 1993]



Sec. 21.907  Transmission standards.

    (a) A licensee assigned a 6 MHz channel must be able to provide one 
type of monochrome and color television service which complies with the 
VHF transmission standards set forth in Sec. 73.682(a) of this chapter, 
except that the provision of Sec. 21.906(b) shall replace the 
requirements of Sec. 73.682(a)(14) of this chapter.
    (b) A licensee assigned a 4 MHz channel must be able to provide one 
type of monochrome and/or color television service which complies with 
VHF transmission standards set forth in Sec. 73.682(a) of this chapter, 
except that:
    (1) The provision of Sec. 21.906(b) shall replace the requirements 
of Sec. 73.682(a)(14) of this chapter, and
    (2) The requirements of Sec. 73.682 (a)(1), (a)(2), (a)(3), (a)(4), 
(a)(5), (a)(9), (a)(19),

[[Page 70]]

and (a)(20) of this chapter shall not apply.
    (c) In addition to the standard television transmission service 
specified in paragraphs (a) and (b) of this section, the licensee may 
offer a television service not meeting such standards if the tariff or 
contract clearly describes the type and quality of the service and 
distinguishes it from the standard service, and if the transmitter is 
certificated for such use.
    (d) For services other than television, a licensee may provide 
transmissions as described in the tariff or contract if the authorized 
bandwidth is not exceeded and the transmitter is certificated for such 
use.
    (e) In order to insure that transmitting information is not likely 
to be received in intelligible form by unauthorized subscribers or 
licensees, a licensee may vary the transmission standards specified in 
paragraphs (a), (b), and (c) of this section, provided that the encoded 
information is recoverable without perceptible degradation as compared 
to the same information transmitted in accordance with paragraphs (a), 
(b), and (c) of this section.

[52 FR 27556, July 22, 1987, as amended at 63 FR 36603, July 7, 1998]

    Effective Date Note: At 63 FR 36603, July 7, 1998, Sec. 21.907 was 
amended in paragraphs (c) and (d) by removing the term ``type-accepted'' 
and replacing it with ``certificated'', effective Oct. 5, 1998.



Sec. 21.908  Television transmitting equipment.

    (a) Except as otherwise provided in this section, the requirements 
of paragraphs (a), (b), (c), (d), and (e) of Sec. 73.687 of this chapter 
shall apply to stations in this service transmitting standard television 
signals.
    (b) On or after November 1, 1991, the maximum out-of-band power of a 
transmitter operating in the frequency bands 2150-2162 MHz, 2596-2644 
MHz, 2650-2656 MHz, 2662-2668 MHz, and 2674-2680 MHz shall be attenuated 
38 dB relative to the peak visual carrier at the channel edges and 
constant slope attenuation from this level to 60 dB relative to the peak 
visual carrier at 1 MHz below the lower band edge and 0.5 MHz above the 
upper band edge. All out-of-band emissions extending beyond these 
frequencies shall be attenuated at least 60 dB below the peak visual 
carrier power. However, should harmful interference occur as a result of 
emissions outside the assigned channel, additional attenuation may be 
required. A transmitter licensed prior to November 1, 1991, that remains 
at the station site initially licensed, and does not comply with this 
paragraph, may continue to be used for its life if it does not cause 
harmful interference to the operation of any other licensee. Any non-
conforming transmitter replaced after November 1, 1991, must be replaced 
by a transmitter meeting the requirements of this paragraph.
    (c) The requirements of Sec. 73.687(c)(2) of this chapter will be 
considered to be satisfied insofar as measurements of operating power 
are concerned if the transmitter station is equipped with instruments 
for determining the combined visual and aural operating power. However, 
licensees must maintain the operating powers within the limits specified 
in Sec. 21.904 of this part. Measurements of the separate visual and 
aural operating powers must be made at sufficiently frequent intervals 
to insure compliance with the rules, and in no event less than once a 
month.
    (d) Television transmitting equipment designed for stations whose 
authorized bandwidth in 4 MHz or less for the visual and accompanying 
aural signal is subject to the provisions of Sec. 21.101 of this part 
with respect to the frequency tolerance of the visual and aural 
carriers. Such equipment is also subject to paragraphs (a) and (b) of 
this section, except that the provisions of Sec. 73.687 (a), (b), and 
(c)(1) of this chapter shall not apply.
    (e) As a further exception to the other requirements of this 
section, transmitting equipment characteristics may vary from these 
requirements to the extent necessary to insure that transmitted 
information is not likely to be received in intelligible form by 
unauthorized subscribers or licensees, provided such variations permit 
recovery of the transmitted information without perceptible degradation 
as compared to the same information transmitted without such variations.

[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991]

[[Page 71]]



Sec. 21.909  MDS response stations.

    (a) An MDS response station is authorized to provide communication 
by voice and/or data signals with its associated MDS station. An MDS 
response station may be operated only by the licensee of the MDS station 
or its subscriber and only at receiving location of the MDS station with 
which it is communicating. More than one response station may be 
operated at the same or different receiving locations. All MDS response 
stations communicating with a single MDS station shall operate within 
the same frequency channel. The specified frequency channel which may be 
used by the response station is determined by the channel assigned to 
the MDS station with which it communicates. The specified frequency 
channel may be subdivided to provide a distinct operating frequency for 
each of more than one response station.
    (b) Authorization of an MDS response station is subject to the 
following terms and conditions:
    (1) The response station shall not cause interference to any station 
operating beyond the service area of the MDS station with which it 
communicates.
    (2) The antenna structure height employed at any location shall not 
exceed the criteria set forth in Sec. 17.7 of this chapter.
    (c) The response channels associated with channels E3, E4, F3, F4, 
H1, H2, and H3 are allocated to the private operational-fixed service 
(part 94 of this chapter).

[48 FR 33901, July 26, 1983, as amended at 52 FR 27556, July 22, 1987; 
52 FR 37786, Oct. 9, 1987; 56 FR 57818, Nov. 14, 1991]



Sec. 21.910  Special procedures for discontinuance, reduction or impairment of service by common carrier MDS licensees.

    Any MDS licensee who has elected common carrier status and who seeks 
to discontinue service on a common carrier basis and instead provide 
service on a non-common carrier basis or who otherwise intends to reduce 
or impair service, shall be subject to the following procedures:
    (a) The carrier shall notify all affected customers of the planned 
discontinuance, reduction or impairment. Notice shall be in writing to 
each affected customer unless the Commission authorizes in advance, for 
good cause shown, another form of notice. Notice shall include the 
following:
    (1) Name and address of carrier;
    (2) Date of planned service discontinuance, reduction or impairment;
    (3) Points or geographic areas of service affected;
    (4) Whether Single-channel or Multichannel Multipoint Distribution 
Service is the service affected; and
    (5) The following statement:

    The FCC will normally authorize this proposed discontinuance of 
service (or reduction or impairment) unless it is shown that end-users 
will be adversely affected thereby. Affected customers wishing to object 
should file objections within 45 days after receipt of this 
notification, and address them to the Domestic Radio Branch, Domestic 
Facilities Division, Federal Communications Commission, Washington, DC 
20554, referencing the Sec. 21.910 Application of (carrier's name). 
Comments should include specific information about the impact of this 
proposed discontinuance (or reduction or impairment) upon end-users, 
including any inability by the customer to acquire reasonable substitute 
service from another provider. The affected customer must state that it 
has provided a copy of the objection to the carrier seeking 
discontinuance.

    (b) The carrier shall file with this Commission, or or after the 
date on which notice has been given to all affected customers, an 
application which shall contain the following:
    (1) Caption--``Section 21.910 Application'';
    (2) Information listed in Sec. 21.901(a) (1) through (4) above;
    (3) Brief description of the dates and methods of notice of all 
affected customers;
    (4) A statement of whether any customer has opposed the notice; and
    (5) Any other information the Commission may require.
    (c) The application to discontinue, reduce or impair service shall 
be automatically granted on the 76th day after its filing with the 
Commission without any Commission notification to the applicant unless 
an objection has been filed or the Commission has notified

[[Page 72]]

the applicant that the grant will not be automatically effective.

[52 FR 27557, July 22, 1987]



Sec. 21.911  Annual reports.

    (a) No later than March 1 of each year for the preceding calendar 
year, each licensee in the Multipoint Distribution Service shall file 
with the Commission two copies of a report which must include the 
following:
    (1) Name and address of licensee;
    (2) Station(s) call letters and primary geographic service area(s);
    (3) The following statistical information, preferably in tabular 
form, for the licensee's station (and each channel thereof);
    (i) The total number of separate subscribers served during the 
calendar year;
    (ii) The total hours of transmission service rendered during the 
calendar year to all subscribers;
    (iii) The total hours of transmission service rendered during the 
calendar year in the following categories: entertainment, education and 
training, public service, data transmission, and other services;
    (iv) A list of each period of time during the calendar year in which 
a station was not operational due to removal or alteration of equipment 
or facilities; and
    (v) A list of each period of time during the calendar year in which 
the station rendered no service as authorized, if the time period was a 
consecutive period longer than 48 hours.
    (b) The licensee, by an appropriate corporate officer, controlling 
partner, or individual proprietor, must certify this report as to the 
accuracy and completeness of the information contained therein.
    (c) A copy of each year's report shall be retained in the principal 
office of the licensee and shall be readily available to the public for 
reference and inspection.

[55 FR 46011, Oct. 31, 1990]



Sec. 21.912  Cable television company eligibility requirements.

    (a) Nothwithstanding the provisions of Sec. 21.900 of this part, 
initial or modified authorizations for stations in the 2150-2162 MHz and 
2596-2680 MHz frequency bands may not be granted to a cable operator if 
a portion of the Multipoint Distribution Service (MDS) station's 
protected services area is within the portion of the franchise area 
actually served by the cable operator's cable system. No cable operator 
may acquire such authorization either directly, or indirectly through an 
affiliate owned operated, or controlled by or under common control with 
a cable operator.
    (b) No licensee of a station in this service may lease transmission 
time or capacity to a cable operator either directly, or indirectly 
through an affiliate owned, operated, controlled by, or under common 
control with a cable operator, if a portion of the Multipoint 
Distribution Service (MDS) station's protected services area is within 
the portion of the franchise area actually served by the cable 
operator's cable system.
    (c) Applications for new stations, station modifications, 
assignments or transfers of control by cable operators of stations in 
the 2150-2162 MHz and 2596-2680 MHz frequency bands shall include a 
showing that no portion of the protected service area of the MDS station 
is within the portion of the franchise area actually served by the cable 
operator's cable system, or of any entity indirectly affiliated, owned, 
operated, controlled by, or under common control with the cable 
operator.

    Note 1: (A) In applying the provisions of this section an 
attributable ownership interest shall be defined by reference to the 
definitions contained in the notes to Sec. 76.501, provided however, 
that:

    (i) The single majority shareholder provisions of Note 2(b) to 
Sec. 76.501 and the limited partner insulation provisions of Note 2(g) 
to Sec. 76.501 shall not apply; and
    (ii) The provisions of Note 2(a) to Sec. 76.501 regarding five (5) 
percent interests shall include all voting or nonvoting stock or limited 
partnership equity interests of five (5) percent or more.
    (B) The term ``area served by a cable system'' means any area 
actually passed by the cable operator's cable system and which can be 
connected for a standard connection fee.
    (C) As used in this section ``cable operator'' shall have the same 
definition as in Sec. 76.5.

    Note 2: The Commission will entertain requests to waive the 
restrictions in paragraph

[[Page 73]]

(a) of this section where necessary to ensure that all significant 
portions of the franchise area are able to obtain multichannel video 
service. Such waiver requests should be filed in accordance with special 
relief procedures set forth in Sec. 76.7.

    (d) The provisions of paragraphs (a) through (c) of this section 
will not apply to one MDS or MMDS channel used to provide locally-
produced programming to cable headends. Locally-produced programming is 
programming produced in or near the cable operator's franchise area and 
not broadcast on a television station available within that franchise 
area. A cable operator will be permitted one MDS channel in an MMDS 
protected service area for this purpose, and no more than one MDS 
channel in an MMDS protected service area may be used by a cable 
television company or its affiliate or lessor pursuant to this 
paragraph. The licensee for a cable operator providing local programming 
pursuant to a lease must include in a notice filed with the Common 
Carrier Bureau a cover letter explicitly identifying itself or its 
lessee as a local cable operator and stating that the lease was executed 
to facilitate the provision of local programming. The first application 
or the first lease notification in an area filed with the Commission 
will be entitled to the exemption. The limitations on one MDS channel 
per party and per area include any cable/MDS operations grandfathered 
pursuant to paragraph (f) of this section or cable/ITFS operations 
grandfathered pursuant to Sec. 74.931(e) of this chapter.\1\ The cable 
operator must demonstrate in its MDS/MMDS application that the proposed 
local programming will be provided within one year from the date its 
application is granted. Local programming service pursuant to a lease 
must be provided within one year of the date of the lease or one year of 
grant of the licensee's application for the leased channel, whichever is 
later. If an MDS license for these purposes is granted and the 
programming is subsequently discontinued, the license will be 
automatically forfeited the day after local programming service is 
discontinued.
    (e) Applications filed by cable television companies, or affiliates, 
for MDS channels prior to February 8, 1990, will not be subject to the 
prohibitions of this section. Applications filed on February 8, 1990, or 
thereafter will be returned. Lease arrangements between cable and MDS 
entities for which a lease or a firm agreement was signed prior to 
February 8, 1990, will also not be subject to the prohibitions of this 
section. Leases between cable television companies, or affiliates, and 
MDS/MMDS station licensees, conditional licensees, or applicansts 
executed on February 8, 1990, or thereafter, are invalid.
    (1) Applications filed by cable operators, or affiliates, for MMDS 
channels prior to February 8, 1990, will not be subject to the 
prohibitions of this section. Except as provided in paragraph (e)(2) 
below, applications filed on February 8, 1990, or thereafter will be 
returned. Lease arrangements between cable and MDS entities for which a 
lease or a firm agreement was signed prior to February 8, 1990, will 
also not be subject to the prohibitions of this section. Except as 
provided in paragraph (e)(2) below, leases between cable operators, or 
affiliates, and MDS/MMDS station licensees, conditional licensees, or 
applicants executed on or before February 8, 1990, or thereafter are 
invalid.
    (2) Applications filed by cable operators, or affiliates for MDS 
channels after February 8, 1990, and prior to October 5, 1992, will not 
be subject to the prohibition of this section, if, pursuant to the then 
existing overbuild or rural exceptions, the applications were allowed 
under the then existing cable/MMDs cross-ownership prohibitions. Lease 
arrangements between cable operators and MDS entities for which a lease 
or firm agreement was signed after February 8, 1990, and prior to 
October 5, 1992, will not be subject to the prohibitions of this 
section, if, pursuant to the then existing rural and overbuild 
exceptions, the lease arrangements were allowed.
    (3) The limitations on cable television ownership in this section do 
not apply to any cable operator in any franchise area in which a cable 
operator is subject to effective competition as determined under section 
623(l) of the Communications Act.

[[Page 74]]

    (f) Interested persons may file a petition to deny an application 
filed pursuant to paragraph (d) of this section within 30 days after the 
Commission gives public notice that the application or petition has been 
filed. Petitions must be served upon the applicant, and must contain a 
complete and detailed showing, supported by affidavit, of any facts or 
considerations relied upon. The applicant may file an opposition to the 
petition to deny within 30 days after the filing of the petition, and 
must serve copies upon all persons who have filed petitions to deny. The 
Commission, after consideration of the pleadings, will determine whether 
the public interest, convenience and necessity would be served by the 
grant or denial of the application, in whole or in part. The Commission 
may specify other procedures, such as oral argument, evidentiary hearing 
or further written submission directed to particular aspects, as it 
deems appropriate.

    Notes: In these grandfathered situations, we will consider granting 
waivers to permit the use of a second MDS channel for the delivery of 
locally produced programming. Because allocating a second channel to 
this use would further reduce the channel capacity available for 
wireless cable service, we will require an applicant for the second 
channel to demonstrate, at a minimum, that it is ready and able to 
provide additional locally produced programming to area cable systems, 
and that no other practical means of delivering the programming are 
available to it. In considering requests for waiver, we will also take 
into account the competitive environment for the production and delivery 
of locally produced programming in the relevant markets.

[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991; 
58 FR 42018, Aug. 6, 1993; 58 FR 45064, Aug. 26, 1993; 61 FR 15387, Apr. 
8, 1996]



Sec. 21.913  Signal booster stations.

    (a) Authorizations for Multipoint Distribution Service (MDS) booster 
stations may be granted to an MDS applicant, conditional licensee or 
licensee, to an Instructional Television Fixed Service (ITFS) applicant, 
permittee or licensee, or to a third party with a fully-executed lease 
agreement with an MDS or ITFS applicant, conditional licensee, 
permittee, or licensee. A signal booster station may not extend service 
beyond the boundaries of an MDS station's protected service area. No 
booster station may be authorized for the retransmission of signals from 
an MDS, ITFS, or OFS station without the written consent of the licensee 
of the station whose signals are retransmitted.
    (b) In addition to the other application requirements of this part, 
each application for a signal booster station that would retransmit an 
MDS signal must certify that the proposed booster station site is within 
the protected service area, as defined in Secs. 21.902(d) and 21.933, of 
the MDS station.
    (c) In addition to the other application requirements of this part, 
each application for a signal booster station that would retransmit an 
MDS signal must state in the application that it has prepared a study 
which demonstrates that the power flux density at the edge of the MDS 
protected service area does not exceed -73.0 dBW/m2 at 
locations for which there is an unobstructed signal path to the 
boundary.
    (d) In addition to the other application requirements of this part, 
each application for a signal booster station must state in the 
application that is has prepared a study which demonstrates that the 
proposed booster station will cause no harmful interference to co-
channel and adjacent-channel existing or previously-proposed ITFS and 
MDS stations with transmitters within 80.5 kilometers (50 miles) of the 
proposed booster station's transmitter site.
    (e) In addition to the other application requirements of this part, 
each application must include a written consent statement of the 
licensee of each MDS, ITFS, and OFS station whose signal is 
retransmitted.
    (f) The output power of the signal booster transmitter station must 
not exceed 18 dBW EIRP.
    (g) An MDS or ITFS licensee may install and commence operation of a 
signal booster station that has a maximum power level of -9 dBW EIRP and 
that does not extend service beyond the boundaries of an MDS station's 
protected service area or beyond an

[[Page 75]]

ITFS licensee's registered receive site, subject to the condition that 
for sixty (60) days after installation, no objection or petition to deny 
is filed by an authorized co-channel or adjacent channel ITFS or MDS 
station with a transmitter within 8.0 kilometers (5 miles) of the 
coordinates of the primary transmitter of the signal booster. An MDS or 
ITFS licensee seeking to install a signal booster under this Section 
must, within 48 hours after installation, submit a certification that:
    (1) The maximum power level of the signal booster transmitter does 
not exceed -9 dBW EIRP;
    (2) A description of the signal booster technical specifications 
(including antenna gain and azimuth), the coordinates of the booster and 
receivers, and the street address of the signal booster;
    (3) No registered receiver of an ITFS E or F channel station, 
constructed prior to May 26, 1983, is located within a 1.6 kilometer (1 
mile) radius of the coordinates of the booster, or in the alternative, 
that a consent statement has been obtained from the affected ITFS 
licensee;
    (4) No environmental assessment location as defined at Sec. 1.1307 
of this chapter is affected by installation and/or operation of the 
signal booster;
    (5) Each MDS and/or ITFS station licensee with protected service 
areas or registered receivers within a 8.0 kilometer (5 mile) radius of 
the coordinates of the booster has been given notice of its 
installation;
    (6) Consent has been obtained from each MDS or ITFS station licensee 
whose signal is repeated by the signal booster;
    (7) The signal booster site is within the protected service area of 
the MDS station, if the signal of an MDS station is repeated;
    (8) The power flux density at the edge of the MDS station's 
protected service area does not exceed -73.0 dBW/m2, if the 
signal of an MDS station is repeated;
    (9) The antenna structure will extend less than 6.10 meters (20 
feet) above the ground or natural formation or less than 6.10 meters (20 
feet) above an existing manmade structure (other than an antenna 
structure); and
    (10) The MDS or ITFS licensee understands and agrees that in the 
event harmful interference is claimed by the filing of an objection or 
petition to deny, the licensee must terminate operation within two (2) 
hours of written notification by the Commission, and must not recommence 
operation until receipt of written authorization to do so by the 
Commission.

[55 FR 46012, Oct. 31, 1990, as amended at 56 FR 57599, Nov. 13, 1991; 
58 FR 11798, Mar. 1, 1993; 58 FR 44896, Aug. 25, 1993; 60 FR 36554, July 
17, 1995]



Sec. 21.914  Mutually-exclusive MDS applications.

    Notwithstanding the provisions of Sec. 21.31 (b)(2)(i) and (ii) of 
this part, to be entitled to be included in a random selection process 
or to comparative consideration with one or more conflicting 
applications, an application for frequencies at 2150-2162 MHz, 2596-2644 
MHz, 2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz must be received by 
the Commission in a condition acceptable for filing on the same calendar 
day as the first of the conflicting applications is received by the 
Commission in a condition acceptable for filing.

[55 FR 46012, Oct. 31, 1990, as amended at 56 FR 57819, Nov. 14, 1991]



Sec. 21.915  One-to-a-market requirement.

    Each applicant may file only a single Multipoint Distribution 
Service application for the same channel or channel group in each area. 
The stockholders, partners, owners, trustees, beneficiaries, officers, 
directors, or any other person or entity holding, directly or 
indirectly, any interest in one applicant or application for an area and 
channel or channel group, must not have any interest, directly or 
indirectly, in another applicant or application for that same area and 
channel or channel group.

[58 FR 11799, Mar. 1, 1993]



Sec. 21.920  Applicability of cable television EEO requirements to MDS and MMDS facilities.

    Notwithstanding other EEO provisions within Sec. 1.815 of this 
chapter and Sec. 21.307, an entity that uses an owned or

[[Page 76]]

leased MDS, MMDS and/or ITFS facility to provide more than one channel 
of video programming directly to the public must comply with the equal 
employment opportunity requirements set forth in part 76, subpart E of 
this chapter, if such entity exercises control (as defined in part 76, 
subpart E of this chapter) over the video programming it distributes.

[58 FR 42249, Aug. 9, 1993]



Sec. 21.921  Basis and purpose for electronic filing and competitive bidding process.

    (a) Basis. The rules for competitive biding procedures for the 
Multipoint Distribution Service (MDS) in this part are promulgated under 
the provisions of the Communications Act of 1934, as amended, which 
vests authority in the Federal Communications Commission to regulate 
radio transmission and to issue licenses for radio stations, and 
Sec. 309(j) of the Act, which vests authority in the Commission to 
conduct competitive bidding.
    (b) Purpose. This part states the conditions under which portions of 
the radio spectrum are made available and licensed for Multipoint 
Distribution Service via the competitive bidding procedures.
    (c) Scope. The rules in this part apply only to authorizations and 
station licenses granted under the competitive bidding procedures of 
this section. This subpart contains some of the procedures and 
requirements for the issuance of authorizations to construct and operate 
multipoint distribution services. One also should consult part 1, 
subpart Q of the Commission's rules, Secs. 21.1 through 21.406 and 
21.900 through 21.920 of this part, and other Commission rules of 
importance with respect to the licensing and operation of MDS stations.

[60 FR 36554, July 17, 1995]



Sec. 21.922  Authorized frequencies.

    The frequencies in the MDS service through the competitive bidding 
process are in the frequency allocations table of Sec. 21.901 of this 
part.

[60 FR 36555, July 17, 1995]



Sec. 21.923  Eligibility.

    Any individual or entity, other than those precluded by Secs. 21.4 
and 21.912 of this part, is eligible to receive a Basic Trading Area 
(BTA) authorization and a station license for each individual MDS 
station within the BTA. There is no restriction on the number of BTA 
authorizations or MDS station licenses, including multiple cochannel 
station licenses, sought by or awarded to a qualified individual or 
entity.

[60 FR 36555, July 17, 1995]



Sec. 21.924  Service areas.

    (a) MDS service areas are regional Basic Trading Areas (BTAs) which 
are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 
123rd Edition, at pages 38-39. The BTA Map is available for public 
inspection at the public reference room, Multipoint Distribution 
Service, Video Services Division, Mass Media Bureau, Room 207, 2033 M 
Street, NW., Washington, DC.
    (b) The following additions will be available for licensing 
separately as BTA-like areas: American Samoa; Guam; Northern Mariana 
Islands; San Juan, Puerto Rico; Mayaguez/Aguadilla-Ponce, Puerto Rico; 
and the United States Virgin Islands.
    (c) The area within the boundaries of a BTA to which a BTA 
authorization holder may provide Multipoint Distribution Service 
excludes the protected service areas of any incumbent MDS stations and 
previously proposed and authorized ITFS facilities, including registered 
receive sites.

[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]



Sec. 21.925  Applications for BTA authorizations and MDS station licenses.

    (a)(1) An applicant must file a short-form application and, when 
necessary, the short-form application supplement, identifying each BTA 
service authorization sought.
    (2) For purposes of conducting competitive bidding procedures, 
short-form applications are considered to be mutually exclusive with 
each other if they were filed for, and specified, the same BTA service 
area.
    (b) Separate long-form applications must be filed for each 
individual MDS

[[Page 77]]

station license sought within its the protected service area of a BTA or 
PSA, including:
    (1) An application for each E-channel group, F-channel group, and 
single H, 1, and 2A channel station license sought;
    (2) An application for authority to operate at an MDS station in the 
area vacated by an MDS station incumbent that has forfeited its station 
license; and
    (3) An application for each ITFS-channel group station license 
sought in accordance with Secs. 74.990 and 74.991.
    (c) The Commission shall grant BTA authorizations to auction winners 
as set forth in Sec. 21.958.
    (d) No long-form application filed by the BTA authorization holder 
will be accepted prior to completion of the competitive bidding process 
and no long-form application will be granted until expiration of the 30-
day petition to deny period following the public notice listing of the 
application as being accepted for filing
    (e) Applicants may use the electronic filing procedures to file both 
the Multipoint Distribution Service short-form and long-form 
applications with the Commission.

[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]



Sec. 21.926  Amendments to long-form applications.

    (a) A Multipoint Distribution Service long-form application may be 
amended as a matter of right up to the date of the public notice 
announcing the application has been accepted for filing provided that:
    (1) The proposed amendments do not amount to more than a pro forma 
change of ownership and control;
    (2) The Commission has not otherwise forbidden the amendment of 
pending applications.
    (b) Requests to amend a long-form application placed on public 
notice as being accepted for filing may be granted only if a written 
petition demonstrating good cause is submitted and properly served on 
the parties of record.

[60 FR 36555, July 17, 1995]



Sec. 21.927  Sole bidding applicants.

    Where the deadline for filing MDS short-form applications has 
expired and a particular BTA service area has been specified in a single 
short-form application only, the applicant shall be named the auction 
winner for that BTA authorization.

[60 FR 36555, July 17, 1995]



Sec. 21.928  Acceptability of short- and long-form applications.

    The acceptability of short- and long-form applications will be 
determined according to the requirements of Secs. 21.13, 21.15, 21.20, 
21.21 and 21.952.

[60 FR 36555, July 17, 1995]



Sec. 21.929  Authorization period for station licenses.

    (a)(1) A BTA authorization will be granted for a term of ten years, 
terminating ten years from the date of the Commission declared bidding 
closed in the MDS auction.
    (2) A BTA authorization shall automatically terminate without 
further notice to the licensee upon expiration of the ten-year license 
term unless prior thereto an application for renewal of such license has 
been filed with the Commission.
    (b) Notwithstanding Sec. 21.45, each new MDS station licensed within 
a BTA or PSA will be granted for a term of ten years, terminating ten 
years from the date the Commission declared bidding closed in the MDS 
auction.

[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]



Sec. 21.930  Five-year build-out requirements.

    (a)(1) A BTA authorization holder has a five-year build-out period, 
beginning on the date of the grant of the BTA authorization and 
terminating on the 5th year anniversary of the grant of the 
authorization, within which it may develop and expand MDS station 
operations within its service area.
    (2) This period is not extended by the grant of subsequent 
authorizations (i.e., grant of a station license or modification).

[[Page 78]]

    (3) Timely certifications of completion of construction for each MDS 
station within a BTA or partitioned service area must be filed upon 
completion of construction of a station.
    (b) Each BTA authorization holder has the exclusive right to build, 
develop, expand and operate MDS stations within its BTA service area 
during the five-year build-out period. The Commission will not accept 
competing applications for MDS station licenses within the BTA service 
area during this period.
    (c)(1) Within five years of the grant of a BTA authorization, the 
authorization holder must construct MDS stations to provide signals 
pursuant to Sec. 21.907 that are capable of reaching at least two-thirds 
of the population of the applicable service area, excluding the 
populations within protected service areas of incumbent stations.
    (2) Sixty days prior to the end of the five-year build out period, 
the BTA authorization holder must file with the Commission proof that 
demonstrates the holder has met the requirements of Sec. 21.930(c)(1). 
The most recent census figures available from the U.S. Department of 
Commerce, Bureau of Census prior to the expiration of the authorization 
holder's five-year build-out period will be used to determine compliance 
with population-based requirements. In no event shall census figures 
gathered prior to 1990 be used.
    (d)(1) If the Commission finds that the BTA authorization holder has 
demonstrated that it has met the requirements of Sec. 21.930(c)(1), the 
Commission will issue a declaration that the holder has met such 
requirements.
    (2) If the Commission finds that the BTA authorization holder has 
not provided a signal as required in Sec. 21.930(c)(1), the Commission 
shall partition from the BTA any unserved area, using county lines as a 
guide, and shall re-authorize service to the unserved area pursuant to 
the MDS competitive bidding procedures of this subpart. Applications for 
such unserved areas are not acceptable for filing until a filing date is 
announced through a public notice.
    (i) The competitive bidding procedures set forth in Secs. 21.950 to 
21.961 shall be followed by applicants seeking authority to provide MDS 
service to the unserved partitioned area.
    (ii) The BTA authorization holder originally authorized to provide 
service is ineligible to participate in the competitive bidding process 
for the unserved areas partitioned from its BTA.

[60 FR 36555, July 17, 1995]



Sec. 21.931  Partitioned service areas (PSAs).

    (a)(1) The holder of a BTA authorization may enter into contracts 
with eligible parties to partition any portion of its service area 
according to county boundaries, or according to other geopolitical 
subdivision boundaries, or multiple contiguous counties or geopolitical 
subdivisions within the BTA service area.
    (2)(i) Partitioning contracts must be filed with the Commission 
within 30 days of the date that such agreements are reached.
    (ii) The contracts must include descriptions of the areas being 
partitioned and include any documentation necessary to convey to the 
Commission the precise boundaries of the partitioned area.
    (3) Parties to partitioning contracts must file concurrently with 
such contracts one of the following, where appropriate:
    (i) An MDS long-form application for authority to operate a new MDS 
station within the PSA;
    (ii) Applications for assignment or transfer of existing stations 
with the PSA; or
    (iii) A statement of intention as defined in Sec. 21.956(a) along 
with a completed FCC Form 430.
    (b) The eligibility requirements applicable to BTA authorization 
holders also apply to those individuals and entities seeking PSA 
authorizations.
    (c) Any individual or entity acquiring the rights to a partitioned 
area of a BTA also acquires the rights to any previously authorized 
individual stations located within the partitioned area that were held 
by the previous authorization holder, provided that grantable 
applications for assignment and transfer of control, FCC Forms 702 and 
704, are filed for existing stations and that acceptable amendments to

[[Page 79]]

pending long-form applications are filed. Pending long-form applications 
filed by the previous authorization holder for transmitter sites within 
the PSA may also be dismissed without prejudice at the applicant's 
request.
    (d) Authorizations for PSAs will be issued in accordance with 
Sec. 21.958; however, when individual stations within an PSA are 
assigned along with the partitioned area, the authorization will be 
granted concurrently with the grant of the applications for assignment 
and transfer of the existing stations.
    (e) Subsequent to issuance of the authorization for a PSA, thee 
partitioned area will be treated as a separate protected service area.
    (f)(1) When any area within a BTA becomes a PSA, the remaining 
counties and other geopolitical subdivisions within that BTA will also 
be subsequently treated and classified as a PSA(s).
    (2) At the time a BTA is partitioned, the Commission shall cancel 
the BTA authorization initially issued and issue a PSA authorization to 
the former BTA authorization holder.
    (g) The duties and responsibilities imposed upon BTA authorization 
holders in this part and throughout the Commission's rules, such as 
Sec. 21.930(c)(1), apply to the holders of PSA authorizations.
    (h) The build-out period for PSAs voluntarily partitioned shall be 
the remainder of the five-year build-out period applicable to the BTA or 
PSA from which the PSA was drawn. For PSA authorizations issued pursuant 
to Sec. 21.930(d)(2) and the competitive bidding process, the build-out 
period is five years, beginning on the date of the grant of the PSA 
authorization. The requirements of Sec. 21.930(c)(1) also apply to the 
holders of authorizations for PSAs.

[60 FR 36556, July 17, 1995]



Sec. 21.932  Forfeiture of incumbent MDS station licenses.

    (a) If the license for a incumbent MDS station is forfeited, absent 
the filing and grant of a petition for reinstatement pursuant to 
Sec. 21.44(b), the 56.33 km (35 mile) protected service area of the 
incumbent station shall dissolve and the protected service area shall 
become part of the BTA or PSA surrounding it.
    (b) If upon forfeiture the protected service area of a forfeited 
license extends across the boundaries of more than one BTA or PSA, the 
portions of the protected service area of the incumbent station shall 
merge with the overlapping BTAs or PSAs.
    (c) The holder of the authorization for the BTA or PSA with which 
the service area of the forfeited incumbent station has merged has the 
exclusive right to file a long-form application to operate a station 
within the merged area and may modify the locations of its stations to 
serve the forfeited area.

[60 FR 36556, July 17, 1995]



Sec. 21.933  Protected service areas.

    (a) The stations licensed to the holder of a BTA authorization shall 
have a protected service area that is coterminous with the boundaries of 
that BTA, subject to the exclusion of the 56.33 km (35 mile) protected 
service area of incumbent MDS stations and of previously proposed and 
authorized ITFS facilities within that BTA, even if these protected 
service areas extend into adjacent BTAs. The protected service area also 
includes registered receive sites.
    (b) The stations licensed to the holder of a PSA authorization shall 
have a protected service area that is coterminous with the boundaries of 
the counties or other geopolitical subdivisions comprising the PSA, 
subject to the exclusion of the 56.33 km (35 mile) protected service 
area of incumbent MDS stations and of previously proposed and authorized 
ITFS facilities within that PSA, even if these protected service areas 
extend into adjacent BTAs. The protected service area also includes 
registered receive sites.

[60 FR 57367, Nov. 15, 1995]



Sec. 21.934  Assignment or transfer of control of BTA authorizations.

    (a)(1) A BTA or PSA authorization holder seeking approval for a 
transfer of control or assignment of its authorization within three 
years of receiving such authorization through a competitive bidding 
procedure must, together

[[Page 80]]

with its application for transfer of control or assignment, file with 
the Commission a statement indicating that its authorization was 
obtained through competitive bidding.
    (2) Such applicant must also file with the Commission the associated 
contracts for sale, option agreements, management agreements, or other 
documents disclosing the total consideration that the applicant would 
receive in return for the transfer or assignment of its authorization. 
This information should include not only a monetary price, but also any 
future, contingent, in-kind, or other consideration (e.g., management or 
consulting contracts either with or without an option to purchase; below 
market financing).
    (b) Transfers of control or assignments of BTA or PSA authorizations 
are subject to the limitations of Secs. 21.4, 21.900 and 21.912 of this 
subpart.
    (c) The anti-trafficking provision of Sec. 21.39 does not apply to 
the assignment or transfer of control of a BTA or PSA authorization, 
which was granted pursuant to the Commission's competitive bidding 
procedures.

[60 FR 36556, July 17, 1995]



Sec. 21.935  Assignment or transfer of control of station licenses within a BTA.

    Licenses for individual stations within a BTA or PSA area issued to 
authorization holders may not be transferred or assigned unless they are 
acquired as part of a PSA.

[60 FR 36557, July 17, 1995]



Sec. 21.936  Cancellation of authorization.

    (a) The Commission may revoke or cancel a BTA or PSA authorization 
for gross misconduct, misrepresentation or bad faith on the part of the 
authorization holder.
    (b) Cancellation of a BTA or PSA authorization shall result in 
termination of any rights the authorization holder holds in individual 
proposed or authorized stations within the BTA or PSA.

[60 FR 36557, July 17, 1995]



Sec. 21.937  Negotiated interference protection.

    (a) The level of acceptable electromagnetic interference that occurs 
at or within the boundaries of BTAs, PSAs, or an incumbent MDS station's 
56.33 km (35 mile) protected service area can be negotiated and 
established by an agreement between the appropriate parties, provided 
that:
    (1) The parties to such an agreement file with the Commission a 
written statement of no objection, acknowledging that the parties have 
agreed to accept a level of interference that does not meet the 
protection standards set forth in Secs. 21.902 or 21.938 of the 
Commission's rules;
    (2) The statement bears the signatures of all parties to the 
agreement, or the signatures of their representative agents; and
    (3) The statement is filed with the Commission within 30 days of its 
ratification or file in conjunction with an application with which the 
agreement is associated, whichever is earliest.

[60 FR 36557, July 17, 1995]



Sec. 21.938  BTA and PSA technical and interference provisions.

    (a) BTA or PSA authorization holders are expected to cooperate with 
one another by designing their stations in a manner that protects 
service in adjoining BTAs and PSAs including consideration of 
interference abatement techniques such as cross polarization, frequency 
offset, directional antennas, antenna beam tilt, EIRP decrease, 
reduction of antenna height, and terrain shielding.
    (b) Unless the affected parties have executed a written interference 
agreement in accordance with Sec. 21.937, stations licensed to a BTA or 
PSA authorization holder must not cause harmful electromagnetic 
interference to the following:
    (1) The protected service area of other authorization holders in 
adjoining BTAs or PSAs.
    (2) The 56.33 km (35 mile) protected service areas of authorized or 
previously proposed MDS stations (incumbents).
    (3) Registered receive sites and protected service areas of 
authorized or previously proposed stations in the Instructional 
Television Fixed Service pursuant to the manner in which interference is 
defined in Sec. 74.903(a).

[[Page 81]]

    (c)(1) ITFS applicants may locate a new station in an unused portion 
of a BTA or PSA where interference to a previously-proposed or 
authorized MDS station of a BTA or PSA authorization holder would not be 
predicted.
    (2) With respect to ITFS applications only and for purposes of 
determining the existence of harmful electromagnetic interference as 
caused to MDS stations licensed to BTA or PSA authorization holders by 
subsequently proposed ITFS stations within that BTA, MDS stations 
licensed to BTA and PSA authorization holders and will have a protected 
service area of 56.33 km (35 miles), centered on the antenna site of the 
MDS stations.
    (3) The 56.33 km (35 mile) protected service area afforded to a 
previously-proposed or authorized MDS station of a BTA or PSA 
authorization holder with respect to a subsequently proposed ITFS 
station is entitled to the interference protection standards of 
Sec. 21.902.
    (4) An ITFS station authorized before September 15, 1995 may be 
modified, provided the power flux density of that station does not 
exceed -73 dBw/m2 at locations along the 56.33 km (35 mile) circle 
centered on the then-existing transmitting antenna site or service area 
of collocated incumbent MDS station, as applicable.
    (d) Unless the affected parties have executed a written interference 
agreement in accordance with Sec. 21.937, it shall be the responsibility 
of a BTA or PSA authorization holder to correct at its expense any 
condition of harmful electromagnetic interference caused to authorized 
MDS service at locations within other BTAs or PSAs or within the 56.33 
km (35 mile) protected service areas of authorized or previously 
proposed ITFS and MDS stations (incumbents), or at authorized or 
previously proposed ITFS receive sites.
    (e) Unless specifically expected, BTA or PSA authorization holders 
are governed by the interference protection and other technical 
provisions applicable to the Multipoint Distribution Service.
    (f) The calculated free space power flux density from an MDS 
station, other than an incumbent MDS station, may not exceed -73 dBW/m2 
at locations on BTA or PSA boundaries for which there is an unobstructed 
signal path from the transmitting antenna to the boundary, unless the 
applicant has obtained the written consent of the authorization holder 
for the adjoining BTA or PSA.
    (g)(1) Authorization holders for BTAs or PSAs must notify 
authorization holders of adjoining areas of their application filings 
for new or modified stations; provided the proposed facility would 
produce an unobstructed signal path anywhere within the adjoining BTA or 
PSA.
    (2) This service of written notification must include a copy of the 
FCC application and occur on or before the date the application is filed 
with the Commission.
    (3) With regard to incumbent MDS stations, authorization holders for 
BTAs or PSAs must comply with the requirements of Sec. 21.902.
    (h) Where a PSA adjoins a BTA and both authorizations are held by 
the same individual or entity, the PSA shall be considered an extension 
of the protected service area of the BTA regarding the interference 
protection, limiting signal strength, and notification provisions of 
this section.

[60 FR 36557, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]



Sec. 21.939  Harmful interference abatement.

    In the event harmful interference occurs or appears to occur, after 
notice and an opportunity for a hearing, Commission staff may require 
any Multipoint Distribution Service conditional licensee or licensee to:
    (a) Modify the station to use cross polarization, frequency offset 
techniques, directional antenna, antenna beam tilt, or
    (b) Order an equivalent isotropically radiated power decrease, a 
reduction of transmitting antenna height, a change of antenna location, 
a change of antenna radiation pattern, or a reduction in aural signal 
power.

[60 FR 36557, July 17, 1995]

[[Page 82]]



Sec. 21.940  Non-subscription MDS service.

    The Commission must be notified, and prior Commission approval 
obtained, before Multipoint Distribution Service or Multichannel 
Multipoint Distribution Service may be provided on a non-subscription 
basis.

[63 FR 29668, June 1, 1998]



Secs. 21.941--21.949  [Reserved]



Sec. 21.950  MDS subject to competitive bidding.

    Mutually exclusive MDS initial applications are subject to 
competitive bidding. The general procedures set forth in 47 CFR chapter 
I, part 1, subpart Q are applicable to competitive bidding proceedings 
used to select among mutually exclusive MDS applicants, unless otherwise 
provided in 47 CFR chapter I, part 21, subpart K.

[60 FR 36557, July 17, 1995]



Sec. 21.951  MDS competitive bidding procedures.

    (a) The following competitive bidding procedures will generally be 
used in MDS auctions. Additional, specific procedures may be set forth 
by public notice. The Commission may also design and test alternative 
procedures. See 47 CFR 1.2103 and 1.2104.
    (1) Competitive bidding design. Simultaneous multiple round bidding 
will be used in MDS auctions, unless the Commission specifies by public 
notice the use of sequential oral (open outcry) bidding or sealed 
bidding (either sequential or simultaneous). Combinatorial bidding may 
also be used with any type of auction design.
    (2) Competitive bidding mechanisms. The Commission may utilize the 
following mechanisms in MDS auctions:
    (i) Sequencing. The Commission will establish and may vary the 
sequence in which the BTA service areas will be auctioned.
    (ii) Grouping. In the event the Commission uses either a 
simultaneous multiple round competitive bidding design or combinational 
bidding, the Commission will determine which BTA service areas will be 
auctioned simultaneously or in combination.
    (iii) Reservation price. The Commission may establish a reservation 
price, either disclosed or undisclosed, below which a BTA service area 
subject to auction will not be awarded.
    (iv) Minimum bid increments. The Commission will, by announcement 
before or during an MDS auction, require minimum bid increments in 
dollar or percentage terms.
    (v) Stopping rules. The Commission will establish stopping rules 
before or during multiple round MDS auctions in order to terminate an 
auction within a reasonable time.
    (vi) Activity Rules. The Commission will establish activity rules 
which require a minimum amount of bidding activity. In the event that 
the Commission establishes an activity rule in connection with a 
simultaneous multiple round auction, the Commission will allow bidders 
to request and to receive automatically waivers of such rule, the number 
of which will be determined by the Commission.
    (vii) Suggested minimum bid. The Commission may establish suggested 
minimum bids on each BTA service area subject to auction. Bids below the 
suggested minimum bid would count as activity under the activity rule 
only if no bids at or above the suggested minimum bid are received.
    (b) Identities of bidders. The Commission will generally release 
information concerning the identities of bidders before each auction but 
may choose, on an auction-by-auction basis, to withhold the identity of 
the bidders associated with bidder identification numbers. The 
Commission will announce by public notice before the MDS auction where 
the bidders' identities will be revealed.
    (c) Commission control of auction. The Commission may delay, 
suspend, or cancel an MDS auction in the event of a natural disaster, 
technical obstacle, evidence of security breach, unlawful bidding 
activity, administrative necessity, or for any other reason that affects 
the fair and efficient conduct of the competitive bidding. The 
Commission also has the authority, at its sole discretion, to resume the 
competitive bidding starting from the beginning of the current or some 
previous round or cancel the competitive bidding in its entirety.

[60 FR 36557, July 17, 1995]

[[Page 83]]



Sec. 21.952  Bidding application procedures.

    (a) Short-form applications. To participate in MDS auctions, all 
applicants must submit short-form applications, along with all required 
certifications and exhibits specified by such forms, pursuant to the 
provisions of Sec. 1.2105(a) and any Commission public notices. See 47 
CFR 1.2105(a).
    (b) Filing of short-form applications. Prior to any MDS auction, the 
Commission will issue a public notice announcing the availability of BTA 
service areas and, in the event that mutually exclusive short-form 
applications (as defined by Sec. 21.925(a)(2)) are filed, the date of 
the auction for those BTA service areas. This public notice also will 
specify the date on or before which applicants intending to participate 
in an MDS auction must file their short-form applications in order to be 
eligible for that auction, and it will contain information necessary for 
completion of the application as well as other important information 
such as the material which must accompany the forms, any filing fee that 
must accompany the application or any upfront payment that will need to 
be submitted, and the location where the application must be filed.
    (c) Modification and dismissal of short-form applications.
    (1) Any short-form application that is not signed in some manner or 
form, including by electronic means, and does not contain all requisite 
certifications is unacceptable for filing and cannot be corrected 
subsequent to any applicable filing deadline. Such short-form 
application will be dismissed with prejudice.
    (2) The Commission will provide bidders a limited opportunity to 
cure certain defects specified herein and to resubmit an amended short-
form application. For MDS, we classify all amendments to a short-form 
application as major, except those to correct minor errors or defects, 
such as typographical errors, or those to reflect ownership changes or 
formation of bidding consortia or joint bidding arrangements 
specifically permitted under Sec. 21.953. A short-form application may 
be modified to make minor amendments. However, applicants who fail to 
correct defects in their short-form applications in a timely manner as 
specified by public notice will have their applications dismissed with 
no opportunity for resubmission.
    (3) A short-form application will be considered to be a newly filed 
application if it is amended by a major amendment and may not be 
resubmitted after applicable filing deadlines.

[60 FR 36558, July 17, 1995]



Sec. 21.953  Prohibition of collusion.

    (a) Except as provided in paragraphs (b), (c) and (d) of this 
section, after the filing of short-form applications, all applicants in 
an MDS auction are prohibited from cooperating, collaborating, 
discussing or disclosing in any manner the substance of their bids or 
bidding strategies, or discussing or negotiating settlement agreements, 
with other applicants until after the winning bidder makes the required 
down payment, unless such applicants are members of a bidding consortium 
or other joint bidding arrangement identified on the applicant's short-
form application. Communications among applicants concerning matters 
unrelated to the MDS auction will be permitted after the filing of 
short-form applications.
    (b) Applicants may modify their short-form applications to reflect 
formation of consortia or changes in ownership at any time before or 
during an auction, provided such changes do not result in a change in 
control of the applicant, and provided that the parties forming 
consortia or entering into ownership agreements have not applied for the 
same BTA service area.
    (c) After the filing of short-form applications, applicants may make 
agreements to bid jointly for BTA service areas, provided the parties to 
the agreement have not applied for the same service areas.
    (d) After the filing of short-form applications, a holder of a non-
controlling attributable interest in an entity submitting a short-form 
application may, under the circumstances specified in Sec. 1.2105(c)(4), 
acquire an ownership interest in, form a consortium with, or enter into 
a joint bidding arrangement with, other applicants for the same BTA 
service areas. See 47 CFR 1.2105(c)(4).

[[Page 84]]

    (e) To reflect the changes in ownership or in the membership of 
consortia or joint bidding arrangements specified in paragraphs (b), (c) 
and (d) of this section, applicants must amend their short-form 
applications by submitting a revised short-form application, filed 
within two business days of any such change; such modifications will not 
be considered major amendments of the applications within the meaning of 
Sec. 21.952(c)(2). However, any amendment which results in the change of 
control of an applicant will be considered a major amendment of the 
short-form.
    (f) For purposes of this section, the terms ``applicant'' and ``bids 
or bidding strategies'' are defined as set forth in 47 CFR 1.2105(c)(5).

[60 FR 36558, July 17, 1995]



Sec. 21.954  Submission of up front payments.

    (a) The Commission will require applicants to submit an upfront 
payment prior to the MDS auction. The amount of the upfront payment for 
each BTA service area being auctioned and the procedures for submitting 
it will be set forth in a public notice. Upfront payments may be made by 
wire transfer or by cashier's check drawn in U.S. dollars from a 
financial institution whose deposits are insured by the Federal Deposit 
Insurance Corporation and must be made payable to the Federal 
Communications Commission. No interest will be paid on upfront payments.
    (b) For MDS auctions, the Commission will require each applicant to 
submit an upfront payment equal to the largest combination of activity 
units (as defined in the Commission's activity rules established 
pursuant to Sec. 21.951(a)(2)(vi)) associated with the BTAs on which the 
applicant anticipates being active in any single round or bidding. 
Applicants who are small businesses eligible for reduced upfront 
payments will be required to submit an upfront payment amount in 
accordance with Sec. 21.960(c). If an upfront payment is not in 
compliance with the Commission's rules, or if insufficient funds are 
tendered to constitute a valid upfront payment, the applicant shall have 
a limited opportunity to correct its submission to bring it up to the 
minimum valid upfront payment prior to the auction. An applicant who 
fails to submit a sufficient upfront payment to qualify it to bid on any 
BTA service area being auctioned will be ineligible to bid, its 
application will be dismissed, and any upfront payment it has made will 
be returned.
    (c) The upfront payment(s) of a bidder will be credited toward any 
down payment required for the BTA service areas on which the bidder is 
the winning bidder. Where the upfront payment amount exceeds the 
required down payment of a winning bidder, the Commission may refund the 
excess amount after determining that no bid withdrawal payments are 
owned by that bidder. In the event a payment is assessed pursuant to 
Sec. 21.959(a) for bid withdrawal or default, upfront payments or down 
payments on deposit with the Commission will be used to satisfy the bid 
withdrawal or default payment before being applied toward any additional 
payment obligations that the winning bidder may have.

[60 FR 36559, July 17, 1995]



Sec. 21.955  Submission of down payments

    (a) After bidding has ended on all BTA service areas, the Commission 
will identify and notify the winning bidders and declare the bidding 
closed in the MDS auction. Within five (5) business days after being 
notified that it is a winning bidder on a particular BTA service 
area(s), a winning bidder must submit to the Commission's lockbox bank 
such additional funds as are necessary to bring its total deposits 
(upfront payment plus down payment) up to twenty (20) percent of its 
winning bid(s). This down payment may be made by wire transfer or by 
cashier's check in U.S. dollars from a financial institution whose 
deposits are insured by the Federal Deposit Insurance Corporation and 
must be made payable to the Federal Communications Commission.
    (b) Winning bidders who are small businesses eligible for 
installment payments under Sec. 21.960(b) are only required to bring 
their total deposits up to ten (10) percent of their winning bids. Such 
small businesses must pay

[[Page 85]]

the remainder of the twenty (20) percent down payment within five (5) 
business days following release of the public notice stating that their 
BTA authorizations are ready to be issued.
    (c) Down payments will be held by the Commission until the winning 
bidder has been issued its BTA authorization and has paid the remaining 
balance of its winning bid, in which case it will not be returned, or 
until the winning bidder is found unqualified to be a station licensee 
or has defaulted, in which case it will be returned, less applicable 
default payments. No interest will be paid on any down payment.

[60 FR 36559, July 17, 1995]



Sec. 21.956  Filing of long-form applications or statements of intention.

    (a)(1) Within 30 business days of being notified of its status as a 
winning bidder, each winning bidder for a BTA service area will be 
required to submit either:
    (i) An initial long-form application for an MDS station license, 
along with any required exhibits; or
    (ii) A statement of intention with regard to the BTA service area, 
along with any required exhibits, showing the encumbered nature of the 
BTA, identifying all previously authorized or proposed MDS and ITFS 
facilities, and describing in detail the winning bidder's plan for 
obtaining the previously authorized and/or proposed MDS stations within 
the BTA.
    (2) A winning bidder that fails to submit either the initial long-
form application or statement of intention as required under this 
section, and fails to establish good cause for any late-filed 
application or statement, shall be deemed to have defaulted and will be 
subject to the payments set forth in Sec. 21.959(a).
    (b) Each initial long-form application for an MDS station license 
within an auction winner's BTA service area, and each statement of 
intention with regard to an auction winner's BTA service area, must also 
include the following:
    (1) FCC Form 430;
    (2) An exhibit detailing the terms and conditions and parties 
involved in any bidding consortia, joint venture, partnership or other 
agreement or arrangement the winning bidder had entered into relating to 
the competitive bidding process prior to the time bidding was completed 
(see 47 CFR 1.207(d));
    (3) An exhibit complying with 47 CFR 1.2110(i) and 21.960(e), if the 
winning bidder submitting the long-from application or statement of 
intention claims status as a designated entity.
    (c) Subsequent long-form applications for additional MDS station 
licenses within the BTA service areas of winning bidders may be 
submitted at any time during the five year build-out period and need not 
contain the exhibits specified in paragraphs (b)(2) through (3) of this 
section.

[60 FR 36559, July 17, 1995, as amended at 61 FR 18098, Apr. 24, 1996]]



Sec. 21.957  Petitions to deny against long-from applications; comments on statements of intention.

    (a) Within thirty (30) days after the Commission gives public notice 
that a long-form application for an MDS station license submitted by a 
winning bidder within its BTA service area has been accepted for filing, 
petitions to deny that application may be filed. Any such petitions and 
oppositions thereto must comply with the requirements of 47 CFR 1.2108 
and 21.30.
    (b) Parties wishing to comment on or oppose the issuance of a BTA 
authorization issued in connection with the filing of a statement of 
intention by a winning bidder must do so prior to the Commission's 
issuance of the BTA authorization.

[60 FR 36559, July 17, 1995]



Sec. 21.958  Full payment and issuance of BTA authorizations.

    Each winning bidder, except for small businesses eligible for 
installment payments under Sec. 21.960(b), must pay the balance of its 
winning bid for its BTA service area(s) in a lump sum within five (5) 
business days following the release of the public notice stating that 
the BTA authorization(s) is ready to be issued. A winning bidder who 
submitted a long-form application for an MDS station license within its 
BTA service area pursuant to Sec. 21.956(a) will receive its BTA 
authorization concurrent with the grant of its MDS conditional station 
license within its BTA service

[[Page 86]]

area. A winning bidder who submitted a statement of intention with 
regard to its BTA service area pursuant to Sec. 21.956(a) will receive 
its BTA authorization following the Commission's review of its statement 
of intention. The Commission will issue a BTA authorization to a winning 
bidder within ten (10) business days following notification of receipt 
of full payment of the amount of the winning bid.

[60 FR 36559, July 17, 1995]



Sec. 21.959  Withdrawal, default and disqualification.

    (a) When the Commission conducts an MDS simultaneous multiple round 
auction, the Commission will impose additional payment requirements on 
bidders who withdraw high bids during the course of an auction, who 
default on down or full payments due after an auction closes, or who are 
disqualified. The withdrawal and default payments set forth below will 
be deducted from any upfront payments or down payments that the 
withdrawing, defaulting or disqualified bidder has deposited with the 
Commission.
    (1) Bid withdrawal prior to close of auction. A bidder who withdraws 
a high bid during the course of an auction will be subject to a payment 
equal to the difference between the amount bid and the amount of the 
winning bid the next time the license is offered by the Commission. No 
withdrawal payment will be assessed if the subsequent winning bid 
exceeds the withdrawn bid.
    (2) Default or disqualification after close of auction. See 
Sec. 1.2104 (g)(2) of this chapter.
    (b) If the Commission were to conduct a sequential oral (open 
outcry) auction or sealed bid auction for MDS, the Commission may modify 
the payments set forth in paragraph (a) of this section to be paid in 
the event of bid withdrawal, default or disqualification; provided, 
however, that such payments shall not exceed the payments specified in 
paragraph (a) of this section.
    (1) In the case of sealed bidding:
    (i) If a bid is withdrawn before the Commission releases the initial 
public notice announcing the winning bidder(s), no bid withdrawal 
payment will be assessed.
    (ii) If a bid is withdrawn after the Commission release the initial 
public notice announcing the winning bidder(s), the bid withdrawal 
payment will be equal to the difference between the high bid amount and 
the amount of the next highest bid. Losing bidders will only be subject 
to this bid withdrawal payment for a period of thirty (30) days after 
the Commission release the initial public notice announcing the winning 
bidders.
    (2) In the case of oral sequential (open outcry) bidding:
    (i) If a bid is withdrawn before the bidder has declared the bidding 
to be closed for the BTA service area bid on, no bid withdrawal payment 
will be assessed.
    (ii) If a bid is withdrawn after the Commission has declared the 
bidding to be closed for the BTA service area bid on, the bid withdrawal 
payment of paragraphs (a) (1) and (2) of this section will apply.
    (c) If a winning bidder withdraws it bid after the Commission has 
declared competitive bidding closed or fails to remit the required down 
payment within five (5) business days after the Commission has declared 
competitive bidding closed, the bidder will be deemed to have defaulted, 
its application will be dismissed, and it will be liable for the default 
payment specified in paragraph (a)(2) of this section. In such event, 
the Commission may either re-auction the BTA service area to existing or 
new applicants or offer it to the other highest bidders (in descending 
order) at their final bids.
    (d) A winning bidder who is found unqualified to be an MDS station 
licensee, fails to remit the balance of its winning bid in a timely 
manner, or defaults or is disqualified for any reason after having made 
the required down payment, will be deemed to have defaulted and will be 
liable for the payment set forth in paragraph (a)(2) of this section. In 
such event, the Commission will generally conduct another auction for 
the BTA service area, affording new parties an opportunity to file 
applications for such service area.
    (e) Bidders who are found to have violated the antitrust laws or the 
Commission's rules in connection with

[[Page 87]]

their participation in the MDS competitive bidding process may be 
subject, in addition to any other applicable sanctions, to loss of their 
upfront payment, down payment or full bid amount, and may be prohibited 
from participating in future auctions.

[60 FR 36560, July 17, 1995, as amended at 63 FR 2348, Jan. 15, 1998]



Sec. 21.960  Designated entity provisions for MDS.

    (a) Designated entities. As specified in this section, designated 
entities that are winning bidders for BTA service areas are eligible for 
special incentives in the auction process. See 47 CFR 1.2110.
    (b) Installment payments. Small businesses and small business 
consortia may elect to pay the full amount of their winning bids for BTA 
service areas in installments over a ten (10) year period running from 
the date that their BTA authorizations are issued.
    (1) Each eligible winning bidder paying for its BTA authorization(s) 
on an installment basis must deposit by wire transfer or cashier's check 
in the manner specified in Sec. 21.955 sufficient additional funds as 
are necessary to bring its total deposits to ten (10) percent of its 
winning bid(s) within five (5) business days after the Commission has 
declared it the winning bidder and closed the bidding. Failure to remit 
the required payment will make the bidder liable for the payments set 
forth in Sec. 21.959(a)(2).
    (2) Within five (5) business days following release of the public 
notice stating that the BTA authorization of a winning bidder eligible 
for installment payments is ready to be issued, the winning bidder shall 
pay another ten (10) percent of its winning bid, thereby commencing the 
eligible bidder's installment payment plan. The Commission will issue 
the BTA authorization to the eligible winning bidder within ten (10) 
business days following notification of receipt of this additional ten 
(10) percent payment. Failure to remit the required payment will make 
the bidder liable for the payments set forth in Sec. 21.959(a)(2).
    (3) Upon issuance of a BTA authorization to a winning bidder 
eligible for installment payments, the Commission will notify such 
eligible BTA authorization holder of the terms of its installment 
payment plan. For MDS, such installment payment plans will:
    (i) Impose interest based on the rate of ten (10) year U.S. Treasury 
obligations at the time of issuance of the BTA authorization, plus two 
and one half (2.5) percent;
    (ii) Allow installment payments for a ten (10) year period running 
from the date that the BTA authorization is issued;
    (iii) Begin with interest-only payments for the first two (2) years; 
and
    (iv) Amortize principal and interest over the remaining years of the 
ten (10) year period running from the date that the BTA authorization is 
issued.
    (4) Conditions and obligations. See Sec. 1.2110(f)(4) of this 
chapter.
    (5) Unjust enrichment. (i) If an eligible BTA authorization holder 
that utilizes installment financing under this paragraph seeks to assign 
or transfer control of its BTA authorization to an entity not meeting 
the eligibility standards for installment payments, the holder must make 
full payment of the remaining unpaid principal and any unpaid interest 
accrued through the date of assignment or transfer as a condition of 
approval. If an eligible BTA authorization holder that utilizes 
installment financing under this subsection seeks to partition, pursuant 
to Sec. 21.931, a portion of its BTA containing one-third or more of the 
population of the area within its control in the licensed BTA to an 
entity not meeting the eligibility standards for installment payments, 
the holder must make full payment of the remaining unpaid principal and 
any unpaid interest accrued through the date of partition as a condition 
of approval.
    (ii) If a BTA authorization holder that utilizes installment 
financing under this subsection seeks to make any change in ownership 
structure that would result in the holder losing eligibility for 
installment payments, the holder shall first seek Commission approval 
and must make full payment of the remaining unpaid principal and any 
unpaid interest accrued through the date of the change in ownership 
structure as a condition of approval. Increases in gross revenues that 
result

[[Page 88]]

from revenues from operations, business development or expanded service 
shall not be considered changes in ownership structure under this 
paragraph.
    (c) Reduced upfront payments. A prospective bidder that qualifies as 
a small business, or as a small business consortia, is eligible for a 
twenty-five (25) percent reduction in the amount of the upfront payment 
required by Sec. 21.954. To be eligible to bid on a particular BTA, a 
small business will be required to submit an upfront payment equal to 
seventy-five (75) percent of the upfront payment amount specified for 
that BTA in the public notice listing the upfront payment amounts 
corresponding to each BTA service area being auctioned.
    (d) Bidding credits. A winning bidder that qualifies as a small 
business, or as a small business consortia, may use a bidding credit of 
fifteen (15) percent to lower the cost of its winning bid on any of the 
BTA authorizations awarded in the MDS auction.
    (1) Unjust enrichment. See Sec. 1.2111 of this chapter.
    (2) [Reserved]
    (e) Short-form application certification; Long-form application or 
statement of intention disclosure. An MDS applicant claiming designated 
entity status shall certify on its short-form application that it is 
eligible for the incentives claimed. A designated entity that is a 
winning bidder for a BTA service area(s) shall, in addition to 
information required by Sec. 21.956(b), file an exhibit to either its 
initial long-form application for an MDS station license, or to its 
statement of intention with regard to the BTA, which discloses the gross 
revenues for each of the past three years of the winning bidder and its 
affiliates. This exhibit shall describe how the winning bidder claiming 
status as a designated entity satisfies the designated entity 
eligibility requirements, and must list and summarize all agreements 
that affect designated entity status, such as partnership agreements, 
shareholder agreements, management agreements and other agreements, 
including oral agreements, which establish that the designated entity 
will have both de facto and de jure control of the entity. See 47 CFR 
1.2110(i).
    (f) Records maintenance. All holders of BTA authorizations acquired 
by auction that claim designated entity status shall maintain, at their 
principal place of business or with their designated agent, an updated 
documentary file of ownership and revenue information necessary to 
establish their status. Holders of BTA authorizations or their 
successors in interest shall maintain such files for a ten (10) year 
period running from the date that their BTA authorizations are issued. 
The files must be made available to the Commission upon request.
    (g) Audits. BTA authorization holders claiming eligibility under 
designated entity provisions shall be subject to audits by the 
Commission, using in-house or contract resources. Selection for an audit 
may be random, on information, or on the basis of other factors. Consent 
to such audits is part of the certification included in the short-form 
application. Such consent shall include consent to the audit of the 
holders' books, documents and other material (including accounting 
procedures and practices), regardless of form or type, sufficient to 
confirm that such holders' representations are, and remain, accurate. 
Such consent shall also include inspection at all reasonable times of 
the facilities, or parts thereof, engaged in providing and transacting 
business or keeping records regarding licensed MDS offerings, and shall 
also include consent to the interviewing of principals, employees, 
customers, and suppliers of the BTA authorization holders.

[60 FR 36560, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
63 FR 2348, Jan. 15, 1998]



Sec. 21.961  Definitions applicable to designated entity provisions.

    (a) Scope. The definitions in this section apply to Sec. 21.960, 
unless otherwise specified in that section.
    (b) Small business; consortium of small businesses.
    (1) A small business is an entity that together with its affiliates 
has average annual gross revenues that are not more than $40 million for 
the preceding three calendar years.
    (2) Aggregation of gross revenues.

[[Page 89]]

    (i) Except as specified in paragraph (b)(2)(ii) of this section, the 
gross revenues of the applicant (or BTA authorization holder) and its 
affiliates shall be considered on a cumulative basis and aggregated for 
purposes of determining whether the applicant (or holder) is a small 
business.
    (ii) Where an applicant (or BTA authorization holder) is a 
consortium of small businesses, the gross revenues of each small 
business shall not be aggregated.
    (3) A small business consortium is a conglomerate organization 
formed as a joint venture between mutually-independent business firms, 
each of which individually satisfies the definition of a small business.
    (c) Gross revenues shall mean all income received by an entity, 
whether earned or passive, before any deductions are made for costs of 
doing business (e.g., cost of goods sold), as evidenced by audited 
financial statements for the preceding relevant number of calendar 
years, or, if audited financial statements were not prepared on a 
calendar-year basis, for the preceding relevant number of fiscal years. 
If an entity was not in existence for all or part of the relevant 
period, gross revenues shall be evidenced by the audited financial 
statements of the entity's predecessor-in-interest or, if there is no 
identifiable predecessor-in-interest, unaudited financial statements 
certified by the applicant as accurate.
    (d) The definition of an affiliate of an applicant is set forth in 
47 CFR 1.2110(b)(4).

[60 FR 36562, July 17, 1995, as amended at 60 FR 57368, Nov. 15, 1995]



PART 22--PUBLIC MOBILE SERVICES--Table of Contents




                     Subpart A--Scope and Authority

Sec.
22.1  Basis and purpose.
22.3  Authorization required.
22.5  Citizenship.
22.7  General eligibility.
22.99  Definitions.

            Subpart B--Licensing Requirements and Procedures

                     Applications and Notifications

22.101  Station files.
22.103  Representations.
22.105  Written applications, standard forms, microfiche, magnetic 
          disks.
22.106  Filing fees; place.
22.107  General application requirements.
22.108  Parties to applications.
22.115  Content of applications.
22.117  Content of notifications.
22.119  Requests for rule waivers.
22.120  Application processing; initial procedures.
22.121  Repetitious, inconsistent or conflicting applications.
22.122  Amendment of applications.
22.123  Classification of filings as major or minor.
22.124  Notification processing.
22.125  Application for special temporary authorizations.
22.127  Public notices.
22.128  Dismissal of applications.
22.129  Agreements to dismiss applications, amendments or pleadings.
22.130  Petitions to deny, responsive pleadings.
22.131  Procedures for mutually exclusive applications.
22.132  Grant of applications.
22.135  Settlement conference.
22.137  Assignment of authorization; transfer of control.
22.139  Trafficking.
22.142  Commencement of service; notification requirement.
22.143  Construction prior to grant of application.
22.144  Termination of authorizations.
22.145  Renewal application procedures.
22.150  Standard pre-filing technical coordination procedure.
22.157  Distance computation.
22.159  Computation of average terrain elevation.
22.161  Application requirements for ASSB.
22.163  Minor modifications to existing stations.
22.165  Additional transmitters for existing systems.
22.169  Internal coordination of channel assignments.

                     Competitive Bidding Procedures

22.201  Scope of competitive bidding rules.
22.203  Competitive bidding design for paging licensing.
22.205  Competitive bidding mechanisms.
22.207  Withdrawal, default, and disqualification payments.
22.209  Bidding applications (FCC Form 175 and 175-S short-form).
22.211  Submission of upfront payments and down payments.
22.213  Long-form applications (FCC Form 600).
22.215  Authorization grant, denial, default, and disqualification.
22.217  Bidding credits for small businesses.

[[Page 90]]

22.219  Installment payments for licenses won by small businesses.
22.221  Eligibility for partitioned licenses.
22.223  Definitions concerning competitive bidding process.
22.225  Certifications, disclosures, records maintenance and audits.
22.227  Petitions to deny and limitation on settlements.

            Subpart C--Operational and Technical Requirements

                        Operational Requirements

22.301  Station inspection.
22.303  Retention of station authorizations; identifying transmitters.
22.305  Operator and maintenance requirements.
22.307  Operation during emergency.
22.313  Station identification.
22.315  Duty to respond to official communications.
22.317  Discontinuance of station operation.
22.321  Equal employment opportunities.
22.323  Incidental communication services.
22.325  Control points.

                         Technical Requirements

22.351  Channel assignment policy.
22.352  Protection from interference.
22.353  Blanketing interference.
22.355  Frequency tolerance.
22.357  Emission types.
22.359  Emission masks.
22.361  Standby facilities.
22.363  Directional antennas.
22.365  Antenna structures; air navigation safety.
22.367  Wave polarization.
22.369  Quiet zones and Arecibo Coordination Zone.
22.371  Disturbance of AM broadcast station antenna patterns.
22.373  Access to transmitters.
22.377  Certification of transmitters.
22.379  Replacement of equipment.
22.381  Auxiliary test transmitters.
22.383  In-building radiation systems.

                 Subpart D--Developmental Authorizations

22.401  Description and purposes of developmental authorizations.
22.403  General limitations.
22.409  Developmental authorization for a new Public Mobile Service or 
          technology.
22.411  Developmental authorization of 43 MHz paging transmitters.
22.413  Developmental authorization of 72-76 MHz fixed transmitters.
22.415  Developmental authorization of 928-960 MHz fixed transmitters.
22.417  Developmental authorization of meteor burst systems.

              Subpart E--Paging and Radiotelephone Service

22.501  Scope.
22.503  Paging geographic area authorizations.
22.507  Number of transmitters per station.
22.509  Procedures for mutually exclusive applications in the Paging and 
          Radiotelephone Service.
22.511  Construction period for the Paging and Radiotelephone Service.
22.515  Permissible communications paths.
22.527  Signal boosters.
22.529  Application requirements for the Paging and Radiotelephone 
          Service.

                            Paging Operation

22.531  Channels for paging operation.
22.535  Effective radiated power limits.
22.537  Technical channel assignment criteria.
22.539  Additional channel policies.
22.551  Nationwide network paging service.
22.559  Paging application requirements.

                   One-way or Two-way Mobile Operation

22.561  Channels for one-way or two-way mobile operation.
22.563  Provision of rural radiotelephone service upon request.
22.565  Transmitting power limits.
22.567  Technical channel assignment criteria.
22.569  Additional channel policies.
22.571  Responsibility for mobile stations.
22.573  Use of base transmitters as repeaters.
22.575  Use of mobile channel for remote control of station functions.
22.577  Dispatch service.
22.579  Operation of mobile transmitters across U.S.-Canada border.
22.589  One-way or two-way application requirements.

                        Point-to-Point Operation

22.591  Channels for point-to-point operation.
22.593  Effective radiated power limits.
22.599  Assignment of 72-76 MHz channels.
22.601  Assignment of microwave channels.
22.602  Transition of the 2110-2130 and 2160-2180 MHz channels to 
          emerging technologies.
22.603  488-494 MHz fixed service in Hawaii.

                      Point-to-Multipoint Operation

22.621  Channels for point-to-multipoint operation.
22.623  System configuration.
22.625  Transmitter locations.
22.627  Effective radiated power limits.

                  470-512 MHz Trunked Mobile Operation

22.651  470-512 MHz channels for trunked mobile operation.

[[Page 91]]

22.653  Eligibility.
22.655  Channel usage.
22.657  Transmitter locations.
22.659  Effective radiated power limits.

                 Subpart F--Rural Radiotelephone Service

22.701  Scope.
22.702  Eligibility.
22.703  Separate rural subscriber station authorization not required.
22.705  Rural radiotelephone system configuration.
22.709  Rural radiotelephone service application requirements.
22.711  Provision of information to applicants.
22.713  Construction period for rural radiotelephone stations.
22.715  Technical channel assignment criteria for rural radiotelephone 
          stations.
22.717  Procedure for mutually exclusive applications in the Rural 
          Radiotelephone Service.
22.719  Additional channel policy for rural radiotelephone stations.

               Conventional Rural Radiotelephone Stations

22.721  Geographic area authorizations.
22.723  Secondary site-by-site authorizations.
22.725  Channels for conventional rural radiotelephone stations.
22.727  Power limits for conventional rural radiotelephone transmitters.
22.729  Meteor burst propagation modes.
22.731  Emission limitations.
22.733  Priority of service.
22.737  Temporary fixed stations.

                 Basic Exchange Telephone Radio Systems

22.757  Channels for basic exchange telephone radio systems.
22.759  Power limit for BETRS.

              Subpart G--Air-Ground Radiotelephone Service

22.801  Scope.
22.803  Air-ground application requirements.

                  General Aviation Air-Ground Stations

22.805  Channels for general aviation air-ground service.
22.809  Transmitting power limits.
22.811  Idle tone.
22.813  Technical channel pair assignment criteria.
22.815  Construction period for general aviation ground stations.
22.817  Additional channel policies.
22.819  AGRAS compatibility requirement.
22.821  Authorization for airborne mobile stations.

                 Commercial Aviation Air-Ground Systems

22.857  Channel plan for commercial aviation air-ground systems.
22.859  Geographical channel block layout.
22.861  Emission limitations.
22.863  Transmitter frequency tolerance.
22.865  Automatic channel selection procedures.
22.867  Effective radiated power limits.
22.869  Assignment of control channels.
22.871  Control channel transition period.
22.873  Construction period for commercial aviation air-ground systems.
22.875  Commercial aviation air-ground system application requirements.

               Subpart H--Cellular Radiotelephone Service

22.900  Scope.
22.901  Cellular service requirements and limitations.
22.905  Channels for cellular service.
22.907  Coordination of channel usage.
22.909  Cellular markets.
22.911  Cellular geographic service area.
22.912  Service area boundary extensions.
22.913  Effective radiated power limits.
22.915  Modulation requirements.
22.917  Emission limitations for cellular.
22.919  Electronic serial numbers.
22.923  Cellular system configuration.
22.925  Prohibition on airborne operation of cellular telephones.
22.927  Responsibility for mobile stations.
22.929  Application requirements for the Cellular Radiotelephone 
          Service.
22.933  Cellular system compatibility specification.
22.935  Procedures for comparative renewal proceedings.
22.936  Dismissal of applications in cellular renewal proceedings.
22.937  Demonstration of financial qualifications.
22.939  Site availability requirements for applications competing with 
          cellular renewal applications.
22.940  Criteria for comparative cellular renewal proceedings.
22.941  System identification numbers.
22.942  Limitations on interests in licensees for both channel blocks in 
          an area.
22.943  Limitations on assignments and transfers of cellular 
          authorizations.
22.944  Transfers of interests in applications.
22.945  Interests in multiple applications.
22.946  Service commencement and construction periods for cellular 
          systems.
22.947  Five year build-out period.
22.949  Unserved area licensing process.
22.951  Minimum coverage requirement.
22.953  Content and form of applications.
22.955  Canadian condition.
22.957  Mexican condition.
22.959  Rules governing processing of applications for initial systems.

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22.960  Cellular unserved area radiotelephone licenses subject to 
          competitive bidding.
22.961  Competitive bidding design for cellular unserved area 
          radiotelephone licensing.
22.962  Competitive bidding mechanisms.
22.963  Withdrawal, default and disqualification payments.
22.964  Bidding application (FCC Form 175).
22.965  Submission of upfront payments and down payments.
22.966  Long-form applications.
22.967  License grant, denial, default, and disqualification.

               Subpart I--Offshore Radiotelephone Service

22.1001  Scope.
22.1003  Eligibility.
22.1005  Priority of service.
22.1007  Channels for offshore radiotelephone systems.
22.1009  Transmitter locations.
22.1011  Antenna height limitations.
22.1013  Effective radiated power limitations.
22.1015  Repeater operation.
22.1025  Permissible communications.
22.1031  Temporary fixed stations.
22.1035  Construction period.
22.1037  Application requirements for offshore stations.

    Authority: 47 U.S.C. 154, 222, 303, 309 and 332.

    Source: 59 FR 59507, Nov. 17, 1994, unless otherwise noted.



                     Subpart A--Scope and Authority



Sec. 22.1  Basis and purpose.

    This section contains a concise general statement of the basis and 
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
    (a) Basis. These rules are issued pursuant to the Communications Act 
of 1934, as amended, 47 U.S.C. 151 et. seq.
    (b) Purpose. The purpose of these rules is to establish the 
requirements and conditions under which domestic common carrier radio 
stations may be licensed and used in the Public Mobile Services.



Sec. 22.3  Authorization required.

    Stations in the Public Mobile Services must be used and operated 
only in accordance with the rules in this part and with a valid 
authorization granted by the FCC under the provisions of this part.
    (a) The holding of an authorization does not create any rights 
beyond the terms, conditions and period specified in the authorization. 
Authorizations may be granted upon proper application, provided that the 
FCC finds that the applicant is qualified in regard to citizenship, 
character, financial, technical and other criteria, and that the public 
interest, convenience and necessity will be served. See 47 U.S.C. 301, 
308, and 309.
    (b) Authority for subscribers to operate mobile or fixed stations in 
the Public Mobile Services, except for certain stations in the Rural 
Radiotelephone Service and the Air-Ground Radiotelephone Service, is 
included in the authorization held by the common carrier providing 
service to them. Subscribers are not required to apply for, and the FCC 
does not accept applications from subscribers for, individual mobile or 
fixed station authorizations in the Public Mobile Services, except as 
follows:
    (1) Individual authorizations are required to operate general 
aviation airborne mobile stations in the Air-Ground Radiotelephone 
Service. See Sec. 22.821.
    (2) Individual authorizations are required to operate rural 
subscriber stations in the Rural Radiotelephone Service, except as 
provided in Sec. 22.703.



Sec. 22.5  Citizenship.

    The rules in this section implement section 310 of the 
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard 
to the citizenship of licensees in the Public Mobile Services.
    (a) Foreign governments. The FCC will not grant an authorization in 
the Public Mobile Services to any foreign government or any 
representative thereof.
    (b) Alien ownership or control. The FCC will not grant an 
authorization in the Public Mobile Services to:
    (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 more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof,

[[Page 93]]

or by any corporation organized under the laws of a foreign country;
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the FCC finds that the public 
interest will be served by the refusal or revocation of such license.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 55580, Oct. 28, 1996]



Sec. 22.7  General eligibility.

    Except as otherwise provided in this part, existing and proposed 
common carriers are eligible to hold authorizations in the Public Mobile 
Services. Applications are granted only if the applicant is legally, 
financially, technically and otherwise qualified to render the proposed 
service.



Sec. 22.99  Definitions.

    Terms used in this part have the following meanings:
    Air-Ground Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunications 
service for hire to subscribers in aircraft.
    Airborne station. A mobile station in the Air-Ground Radiotelephone 
Service authorized for use on aircraft while in flight or on the ground.
    Antenna structure. A structure comprising an antenna, the tower or 
other structure that exists solely to support antennas, and any 
surmounting appurtenances (attachments such as beacons or lightning 
rods).
    Antenna. A device that converts radio frequency electrical energy to 
radiated electromagnetic energy and vice versa; in a transmitting 
station, the device from which radio waves are emitted.
    Archival quality microfiche. A silver halide master microfiche or a 
copy made on silver halide film.
    Assignment of authorization. A transfer of a Public Mobile Services 
authorization from one party to another, voluntarily or involuntarily, 
directly or indirectly, or by transfer of control of the licensee.
    Authorization. A written instrument or oral statement issued by the 
FCC conveying authority to operate, for a specified term, a station in 
the Public Mobile Services.
    Authorized bandwidth. The necessary or occupied bandwidth of an 
emission, whichever is more.
    Authorized spectrum. The spectral width of that portion of the 
electromagnetic spectrum within which the emission power of the 
authorized transmitter(s) must be contained, in accordance with the 
rules in this part. The authorized spectrum comprises one channel 
bandwidth or the bandwidths of two or more contiguous channels.
    Auxiliary test transmitter. A fixed transmitter used to test Public 
Mobile systems.
    Base transmitter. A stationary transmitter that provides radio 
telecommunications service to mobile and/or fixed receivers, including 
those associated with mobile stations.
    Blanketing interference. Disturbance in consumer receivers located 
in the immediate vicinity of a transmitter, caused by currents directly 
induced into the consumer receiver's circuitry by the relatively high 
field strength of the transmitter.
    Build-out transmitters. In the Cellular Radiotelephone Service, 
transmitters added to the first cellular system authorized on a channel 
block in a cellular market during the five year build-out period in 
order to expand the coverage of the system within the market.
    Cardinal radials. Eight imaginary straight lines extending radially 
on the ground from an antenna location in the following azimuths with 
respect to true North: 0 deg., 45 deg., 90 deg., 135 deg., 180 deg., 
225 deg., 270 deg., 315 deg..
    Carrier frequency. The frequency of the unmodulated electrical wave 
at the output of an amplitude modulated (AM), frequency modulated (FM) 
or phase modulated (PM) transmitter.
    Cell. The service area of an individual transmitter location in a 
cellular system.
    Cellular Geographic Service Area. The geographic area served by a 
cellular system, within which that system is entitled to protection and 
adverse effects are recognized, for the purpose of

[[Page 94]]

determining whether a petitioner has standing. See Sec. 22.911.
    Cellular markets. Standard geographic areas used by the FCC for 
administrative convenience in the licensing of cellular systems. See 
Sec. 22.909.
    Cellular Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide cellular service for hire 
to the general public. This service was formerly titled Domestic Public 
Cellular Radio Telecommunications Service.
    Cellular repeater. In the Cellular Radiotelephone Service, a 
stationary transmitter or device that automatically re-radiates the 
transmissions of base transmitters at a particular cell site and mobile 
stations communicating with those base transmitters, with or without 
channel translation.
    Cellular service. Radio telecommunication services provided using a 
cellular system.
    Cellular system. An automated high-capacity system of one or more 
multichannel base stations designed to provide radio telecommunication 
services to mobile stations over a wide area in a spectrally efficient 
manner. Cellular systems employ techniques such as low transmitting 
power and automatic hand-off between base stations of communications in 
progress to enable channels to be reused at relatively short distances. 
Cellular systems may also employ digital techniques such as voice 
encoding and decoding, data compression, error correction, and time or 
code division multiple access in order to increase system capacity.
    Center frequency. The frequency of the middle of the bandwidth of a 
channel.
    Central office transmitter. A fixed transmitter in the Rural 
Radiotelephone Service that provides service to rural subscriber 
stations.
    CGSA. See Cellular Geographic Service Area.
    Channel. The portion of the electromagnetic spectrum assigned by the 
FCC for one emission. In certain circumstances, however, more than one 
emission may be transmitted on a channel. See, for example, Sec. 22.161.
    Channel bandwidth. The spectral width of a channel, as specified in 
this part, within which 99% of the emission power must be contained.
    Channel block. A group of channels that are assigned together, not 
individually.
    Channel pair. Two channels that are assigned together, not 
individually. In this part, channel pairs are indicated by an ellipsis 
between the center frequencies.
    Communications channel. In the Cellular Radiotelephone and Air-
ground Radiotelephone Services, a channel used to carry subscriber 
communications.
    Construction period. The period between the date of grant of an 
authorization and the date of required commencement of service.
    Control channel. In the Cellular Radiotelephone Service and the Air-
ground Radiotelephone Service, a channel used to transmit information 
necessary to establish or maintain communications. In the other Public 
Mobile Services, a channel that may be assigned to a control 
transmitter.
    Control point. A location where the operation of a public mobile 
station is supervised and controlled by the licensee of that station.
    Control transmitter. A fixed transmitter in the Public Mobile 
Services that transmits control signals to one or more base or fixed 
stations for the purpose of controlling the operation of the base or 
fixed stations, and/or transmits subscriber communications to one or 
more base or fixed stations that retransmit them to subscribers.
    Dead spots. Small areas within a service area where the field 
strength is lower than the minimum level for reliable service. Service 
within dead spots is presumed.
    Dispatch service. A radiotelephone service comprising communications 
between a dispatcher and one or more mobile units. These communications 
normally do not exceed one minute in duration and are transmitted 
directly through a base station, without passing through mobile 
telephone switching facilities.
    Effective radiated power (ERP). The effective radiated power of a 
transmitter (with antenna, transmission line, duplexers etc.) is the 
power that would be necessary at the input terminals of

[[Page 95]]

a reference half-wave dipole antenna in order to produce the same 
maximum field intensity. ERP is usually calculated by multiplying the 
measured transmitter output power by the specified antenna system gain, 
relative to a half-wave dipole, in the direction of interest.
    Emission. The electromagnetic energy radiated from an antenna.
    Emission designator. An internationally accepted symbol for 
describing an emission in terms of its bandwidth and the characteristics 
of its modulation, if any. See Sec. 2.201 of this chapter for details.
    Emission mask. The design limits imposed, as a condition or 
certification, on the mean power of emissions as a function of frequency 
both within the authorized bandwidth and in the adjacent spectrum.
    Equivalent isotropically radiated power (EIRP). The equivalent 
isotropically radiated power of a transmitter (with antenna, 
transmission line, duplexers etc.) is the power that would be necessary 
at the input terminals of a reference isotropic radiator in order to 
produce the same maximum field intensity. An isotropic radiator is a 
theoretical lossless point source of radiation with unity gain in all 
directions. EIRP is usually calculated by multiplying the measured 
transmitter output power by the specified antenna system gain, relative 
to an isotropic radiator, in the direction of interest.
    Extension. In the Cellular Radiotelephone Service, an area within 
the service area boundary of a cellular system, but outside of the 
market boundary. See Secs. 22.911(c) and 22.912.
    Facsimile service. Transmission of still images from one place to 
another by means of radio.
    Fill-in transmitters. Transmitters added to a station, in the same 
area and transmitting on the same channel or channel block as previously 
authorized transmitters, that do not expand the existing service area, 
but are established for the purpose of improving reception in dead 
spots.
    Five year build-out period. A five year period during which the 
licensee of the first cellular system authorized on each channel block 
in each cellular market may expand the system within that market. See 
Sec. 22.947.
    Fixed transmitter. A stationary transmitter that communicates with 
other stationary transmitters.
    Frequency. The number of cycles occurring per second of an 
electrical or electromagnetic wave; a number representing a specific 
point in the electromagnetic spectrum.
    Ground station. In the Air-ground Radiotelephone Service, a 
stationary transmitter that provides service to airborne mobile 
stations.
    Height above average terrain (HAAT). The height of an antenna above 
the average elevation of the surrounding area.
    In-building radiation systems. Supplementary systems comprising low 
power transmitters, receivers, indoor antennas and/or leaky coaxial 
cable radiators, designed to improve service reliability inside 
buildings or structures located within the service areas of stations in 
the Public Mobile Services.
    Initial cellular applications. Applications for authority to 
construct and operate a new cellular system, excluding applications for 
interim operating authority.
    Interfering contour. The locus of points surrounding a transmitter 
where the predicted median field strength of the signal from that 
transmitter is the maximum field strength that is not considered to 
cause interference at the service contour of another transmitter.
    Interoffice transmitter. A fixed transmitter in the Rural 
Radiotelephone Service that communicates with other interoffice 
transmitters for the purpose of interconnecting rural central offices.
    Meteor burst propagation mode. A long distance VHF radio 
communication path occurring as a result of the refraction of 
electromagnetic waves by ionized meteor trails.
    Mobile station. One or more transmitters that are capable of 
operation while in motion.
    Necessary bandwidth. The calculated spectral width of an emission. 
Calculations are made using procedures set forth in part 2 of this 
chapter. The bandwidth so calculated is considered

[[Page 96]]

to be the minimum necessary to convey information at the desired rate 
with the desired accuracy.
    Occupied bandwidth. The measured spectral width of an emission. The 
measurement determines occupied bandwidth as the difference between 
upper and lower frequencies where 0.5% of the emission power is above 
the upper frequency and 0.5% of the emission power is below the lower 
frequency.
    Offshore central transmitter. A fixed transmitter in the Offshore 
Radiotelephone Service that provides service to offshore subscriber 
stations.
    Offshore Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunication 
services for hire to subscribers on structures in the offshore coastal 
waters of the Gulf of Mexico.
    Offshore subscriber station. One or more fixed and/or mobile 
transmitters in the Offshore Radiotelephone Service that receive service 
from offshore central transmitters.
    Pager. A small radio receiver designed to be carried by a person and 
to give an aural, visual or tactile indication when activated by the 
reception of a radio signal containing its specific code. It may also 
reproduce sounds and/or display messages that were also transmitted. 
Some pagers also transmit a radio signal acknowledging that a message 
has been received.
    Paging geographic area authorization. An authorization conveying the 
exclusive right to establish and expand one or more stations throughout 
a paging geographic area or, in the case of a partitioned geographic 
area, throughout a specified portion of a paging geographic area, on a 
specified channel allocated for assignment in the Paging and 
Radiotelephone Service. These are subject to the conditions that no 
interference may be caused to existing co-channel stations operated by 
other licensees within the paging geographic area and that no 
interference may be caused to existing or proposed co-channel stations 
of other licensees in adjoining paging geographic areas.
    Paging geographic areas. Standard geographic areas used by the FCC 
for administrative convenience in the licensing of stations to operate 
on channels allocated for assignment in the Paging and Radiotelephone 
Service. See Sec. 22.503(b).
    Paging and Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide paging and radiotelephone 
service for hire to the general public. This service was formerly titled 
Public Land Mobile Service.
    Paging service. Transmission of coded radio signals for the purpose 
of activating specific pagers; such transmissions may include messages 
and/or sounds.
    Partitioned cellular market. A cellular market with two or more 
authorized cellular systems on the same channel block during the five 
year build-out period, as a result of settlements during initial 
licensing or contract(s) between the licensee of the first cellular 
system and the licensee(s) of the subsequent systems. See 
Sec. 22.947(b).
    Public Mobile Services. Radio services in which common carriers are 
authorized to offer and provide mobile and related fixed radio 
telecommunication services for hire to the public.
    Radio common carrier. A telecommunications common carrier that 
provides radio communications services but is not engaged in the 
business of providing landline local exchange telephone service.
    Radio telecommunication services. Communication services provided by 
the use of radio, including radiotelephone, radiotelegraph, paging and 
facsimile service.
    Radiotelegraph service. Transmission of messages from one place to 
another by means of radio.
    Radiotelephone service. Transmission of sound from one place to 
another by means of radio.
    Repeater. A fixed transmitter that retransmits the signals of other 
stations.
    Roamer. A mobile station receiving service from a station or system 
in the Public Mobile Services other than one to which it is a 
subscriber.
    Rural Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunication 
services for hire to subscribers in areas where it is not feasible to 
provide communication services by wire or other means.

[[Page 97]]

    Rural subscriber station. One or more fixed transmitters in the 
Rural Radiotelephone Service that receive service from central office 
transmitters.
    Service area. The geographic area considered by the FCC to be 
reliably served by a station in the Public Mobile Services.
    Service contour. The locus of points surrounding a transmitter where 
the predicted median field strength of the signal from that transmitter 
is the minimum field strength that is considered sufficient to provide 
reliable service to mobile stations.
    Service to subscribers. Service to at least one subscriber that is 
not affiliated with, controlled by or related to the providing carrier.
    Signal booster. A stationary device that automatically reradiates 
signals from base transmitters without channel translation, for the 
purpose of improving the reliability of existing service by increasing 
the signal strength in dead spots.
    Station. A station equipped to engage in radio communication or 
radio transmission of energy (47 U.S.C. 153(k)).
    Telecommunications common carrier. An individual, partnership, 
association, joint-stock company, trust or corporation engaged in 
rendering radio telecommunications services to the general public for 
hire.
    Temporary fixed station. One or more fixed transmitters that 
normally do not remain at any particular location for longer than 6 
months.
    Transfer of control. A transfer of the controlling interest in a 
Public Mobile Services licensee from one party to another.
    Unserved areas. With regard to a channel block allocated for 
assignment in the Cellular Radiotelephone Service: Geographic area in 
the District of Columbia, or any State, Territory or possession of the 
United States of America that is not within the CGSA of any cellular 
system authorized to transmit on that channel block. With regard to a 
channel allocated for assignment in the Paging and Radiotelephone 
Service: Geographic area within the District of Columbia, or any State, 
Territory or possession of the United States of America that is not 
within the service contour of any base transmitter in any station 
authorized to transmit on that channel.
    Wireline common carrier. A telecommunications common carrier that is 
also engaged in the business of providing landline local exchange 
telephone service.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31050, June 19, 1996; 
61 FR 54098, Oct. 17, 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603, 
July 7, 1998]

    Effective Date Note: At 63 FR 36603, July 7, 1998, Sec. 22.99 was 
amended in the definition of emission mask by removing the term ``type 
acceptance'' and replacing it with ``certification'', effective Oct. 5, 
1998.



            Subpart B--Licensing Requirements and Procedures

                     Applications and Notifications



Sec. 22.101  Station files.

    Applications, notifications, correspondence and other material, and 
copies of authorizations, comprising technical, legal, and 
administrative data relating to each station in the Public Mobile 
Services are maintained by the FCC in individual station files. These 
files constitute the official records for these stations and supersede 
any other records, data bases or lists from the FCC or other sources.



Sec. 22.103  Representations.

    Applicants must make full and continuing disclosure as required by 
Sec. 1.65 of this chapter. Applicants must not make misrepresentations. 
The signing of an application or notification for new or additional 
facilities in the Public Mobile Services constitutes a representation 
that the applicant intends to use such facilities to provide service to 
subscribers in accordance with the rules in this part.



Sec. 22.105  Written applications, standard forms, microfiche, magnetic disks.

    Except for authorizations granted under the emergency conditions set 
forth in section 308 of the Communications Act of 1934, as amended (47 
U.S.C. 308), the FCC may grant authorizations only upon written 
application (FCC Form 600) received by it. A separate written 
application is required for each authorization. Applicants shall submit

[[Page 98]]

any documents, exhibits, or other written statements of fact that the 
FCC may require in determining whether to grant, deny or dismiss an 
application.

        Table B-1.--Standard Forms for the Public Mobile Services
------------------------------------------------------------------------
                                         Form
          Purpose of filing              No.          Title of form
------------------------------------------------------------------------
Application for renewal of                 405  Application for Renewal
 authorization.                                  of Station License.
Application for airborne mobile            409  Application for Airborne
 authorization.                                  Mobile Radiotelephone
                                                 Authorization.
Application for assignment of              430  Licensee Qualification
 authorization.                                  Report.
Transmittal for Phase I cellular           464  Transmittal Sheet for
 application.                                    Cellular Applications
                                                 for Unserved Areas.
Transmittal for Phase II cellular        464-A  Transmittal Sheet for
 application.                                    Phase 2 Cellular
                                                 Applications for
                                                 Unserved Areas.
Notification of completion of              489  Notification of
 construction.                                   Commencement of Service
Notification of minor modification of            or of Additional or
 station.                                        Modified Facilities.
Application for assignment of              490  Application for
 authorization.                                  Assignment of
Application for consent to transfer              Authorization or
 of control.                                     Consent to Transfer of
                                                 Control of Licensee.
Application for new or modified            600  Application for Mobile
 station.                                        Radio Service
Major amendment to pending                       Authorization.
 application.
Application for partial assignment of
 authorization.
------------------------------------------------------------------------

    (a) Formal applications, amendments and notifications. Except as 
provided in paragraph (b) of this section, applications, amendments and 
notifications must be filed using the standard forms listed in paragraph 
(c) of this section.
    (b) Informal applications, amendments and notifications. 
Applications, amendments and notifications in letter or document form 
may be accepted for filing, if none of the standard forms listed in this 
section are prescribed for or clearly applicable for the intended 
purpose. Such informal applications, amendments and notifications must 
be submitted in duplicate, with a caption clearly stating the name of 
the filer, nature of the filing, the Public Mobile service involved, the 
call sign of the relevant existing station, if any, and the file number 
of the relevant pending application, if any, and must contain all 
necessary technical data and exhibits.
    (c) Standard forms. Standard forms may be obtained in small 
quantities from the FCC. Standard forms may be reproduced and the copies 
used. Computer-generated standard forms may also be used after approval 
by the FCC staff. Standard forms used for applications, amendments, 
notifications and reports in the Public Mobile Services are listed in 
Table B-1 of this section.
    (d) Microfiche required. All filings and submissions related to 
stations in the Public Mobile Services, including applications 
(including exhibits and attachments), notifications, amendments, 
reports, correspondence and pleadings must be submitted in microfiche 
form, except as provided in paragraphs (d)(1) and (g) of this section.
    (1) Emergency filings, such as requests for special temporary 
authority, need not be submitted in microfiche form. Filings and 
submissions (other than standard application forms) that are no longer 
than three pages need not be submitted in microfiche form. Standard 
application forms must be submitted in microfiche forms, even if they 
comprise three pages or less.
    (2) Three microfiche copies of each filing or submission must be 
submitted, except that, for initial Phase I unserved area applications 
in the Cellular Radiotelephone Service (see Sec. 22.949), two microfiche 
copies must be submitted. Each microfiche copy must be a complete copy 
of the signed paper original. Each microfiche must be a 148 mm by 105 mm 
negative (clear transparent characters appearing on a background 
providing sufficient contrast to make legible copies) at 24 x  or 27 x  
reduction. At least one of the microfiche copies must be a silver halide 
camera master or a copy made on silver halide film such as Kodak Direct 
Duplicatory Film. Microfiche must be placed in paper microfiche 
envelopes and submitted in a 5" by 7\1/2\" envelope. Applicants must 
leave Row ``A'' (the first row for page images) of the first microfiche 
blank for FCC use.
    (3) The following information must be printed on the mailing 
envelope, the microfiche envelope, and the title area at the top of the 
microfiche:
    (i) For notifications, amendments, reports, correspondence, 
pleadings and

[[Page 99]]

applications, other than initial applications in the Cellular 
Radiotelephone Service--the name of the applicant, the city and state of 
the application and the call sign of the station, if the application 
refers to an existing station.
    (ii) For initial applications in the Cellular Radiotelephone 
Service--the name of the applicant, the market name, the market number, 
and the channel block.
    (4) The microfiche copies of opposition and reply pleadings may be 
submitted after the required paper originals, in accordance with 
Sec. 1.45 of this chapter.
    (e) Paper original required. The paper originals of notifications, 
amendments, reports, correspondence and applications, other than initial 
Phase I unserved area applications in the Cellular Radiotelephone 
Service, must be submitted at the same time as the microfiche required 
by paragraph (d) of this section. The paper originals of initial Phase I 
unserved area applications selected in random selection processes must 
be submitted 7 days after the release of the public notice announcing 
the tentative selectee. The paper originals of opposition and reply 
pleadings must be submitted within the time frames established by 
Sec. 1.45 of this chapter. Each paper original must be stamped 
``ORIGINAL'' on the top page. In addition to the paper original, paper 
copies of pleadings must be submitted as required by Sec. 1.51 of this 
chapter.
    (f) Correspondence. Correspondence concerning a submitted 
application must clearly identify the name of the filer, nature of the 
filing, the Public Mobile service involved, the call sign of the 
relevant existing station, if any, and the file number (if assigned) of 
the relevant pending application. Correspondence may be sent directly to 
Mobile Services Division, Common Carrier Bureau, Federal Communications, 
Washington, DC 20554.
    (g) Magnetic disks. To assist the FCC in maintaining an accurate 
technical licensing database, applicants are encouraged to submit the 
technical and administrative data contained in applications and 
notifications on magnetic disks. Applicants may also submit, in lieu of 
the microfiche required by paragraph (d) of this section, entire 
applications and notifications on magnetic disks, by including graphics 
files containing the images of the signed paper originals.
    (1) Each application must be submitted on a separate labeled 
standard 3\1/4\;Prime; magnetic disk, formatted to be readable by high-
density floppy drives operating under MS-DOS (3.X or later compatible 
versions). A copy of each disk must also be submitted (2 identical disks 
per application).
    (2) [Reserved]

    Note: Paragraph (g) of Sec. 22.105 is not effective until further 
notice.


[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
61 FR 54098, Oct. 17, 1996]

    Effective Date Note: At 59 FR 59507, Nov. 17, 1994, Sec. 22.105 was 
revised effective January 1, 1995, except for paragraph (g). A document 
will be published in the Federal Register announcing the effective date 
of that paragraph.



Sec. 22.106  Filing fees; place.

    Applications, amendments, notifications and other filings must be 
submitted to the FCC at the appropriate address, with the appropriate 
filing fee. The fee amounts and addresses are listed in part 1, subpart 
G of this chapter (Sec. 1.1105 in particular), and in the publication 
``Common Carrier Services Fee Filing Guide'' which is available from the 
Federal Communications Commission, Washington, DC 20554.



Sec. 22.107  General application requirements.

    In general, applications for authorizations, assignments of 
authorizations, or consent to transfer of control of licensees in the 
Public Mobile Services must:
    (a) Demonstrate the applicant's qualifications to hold an 
authorization in the Public Mobile services;
    (b) State how a grant would serve the public interest, convenience, 
and necessity;
    (c) Contain all information required by FCC rules or application 
forms;
    (d) Propose operation of a facility in compliance with all rules 
governing the Public Mobile service;

[[Page 100]]

    (e) Be amended as necessary to remain substantially accurate and 
complete in all significant respects, in accordance with the provisions 
of Sec. 1.65 of this chapter; and,
    (f) Be signed in accordance with Sec. 1.743 of this chapter.



Sec. 22.108  Parties to applications.

    Each application for an authorization, assignment of authorization, 
or for consent to transfer of control in the Public Mobile Service must 
disclose fully the real party or parties in interest to the application. 
Such disclosure must include:
    (a) A list of the applicant's subsidiaries, if any. For the purposes 
of this section, a subsidiary is any business for which the applicant or 
any officer, director, stockholder or key manager of the applicant owns 
5% or more of the stock, warrants, options or debt securities. This list 
must include a description of each subsidiary's principal business and 
relationship to the applicant.
    (b) A list of the applicant's affiliates, if any. For the purposes 
of this section, an affiliate is:
    (1) Any business that holds a 5% or more interest in the applicant; 
or,
    (2) Any business in which a 5% or more interest is held by a 
business that also holds a 5% or more interest in the applicant.
    (c) A list of the names, addresses, citizenship and principal 
business of any person holding 5% or more of each class of stock, 
warrants, options or debt securities of the applicant, indicating the 
amount and percentage held, and providing the name, address, citizenship 
and principal place of business of any person, if other than the holder, 
for whose benefit such interest is held. If any such persons are related 
by blood or marriage, the relationship must be disclosed.
    (d) For initial cellular applications, the name and address of each 
partner, his or her citizenship and the share or interest participation 
in the partnership. This information must be provided for all partners, 
regardless of their respective ownership interests in the partnership. A 
signed and dated copy of the partnership agreement must be included in 
the application. See Sec. 22.953(a)(5)(v).



Sec. 22.115  Content of applications.

    Applications must contain all applicable information requested on 
the standard form and any additional information required by the rules 
in this part.
    (a) Site-specific requirements. The following requirements apply to 
all Public Mobile Service applications that involve specific 
transmitting antenna sites:
    (1) Site availability. At the time of filing, applicants must have 
obtained reasonable assurance that all antenna sites specified in their 
applications are available for the proposed use.
    (2) Antenna structure registration. Applications proposing the use 
of one or more new or existing antenna structures must contain the FCC 
Antenna Structure Registration Number, if assigned, of each such antenna 
structure for which Federal Aviation Administration (FAA) notification 
is or was required by part 17 of this chapter prior to its construction. 
If, at the time an application is filed, an FCC Antenna Structure 
Registration Number has not been assigned for any such antenna 
structure, the applicant must indicate in the application whether or 
not, as of the date the application is filed, the antenna structure 
owner has registered the antenna structure with the FCC in accordance 
with part 17 of this chapter.
    (3) FAA notification. Before constructing a new antenna structure or 
increasing the height of an existing structure, an antenna structure 
owner may be required to obtain an FAA determination of No Hazard to Air 
Navigation. To obtain this determination, the FAA must be notified of 
the planned construction or alteration. Criteria used to determine 
whether FAA notification is required for any particular antenna 
structure are contained in part 17 of this chapter.
    (i) Applications proposing to use a new antenna structure or an 
existing antenna structure for which the height is increased must 
indicate whether FAA notification is required by part 17 of this 
chapter.
    (ii) If FAA notification is required by part 17 of this chapter, a 
copy of the FAA determination should be included in the application. 
However, if the FAA determination is not available at the

[[Page 101]]

time the application is filed, the application must include the 
following information in regard to the FAA notification: the name of the 
person that submitted the notification, the date the notification was 
submitted, and the location of the FAA office to which the notification 
was submitted.
    (iii) If FAA notification is not required by part 17 of this 
chapter, the application must indicate such and, unless the reason 
therefor is obvious (e.g. antenna structure height is less than 6.10 
meters above ground level), must contain a statement explaining why FAA 
notification is not required.
    (4) Antenna locations. Applications for stations at fixed locations 
must describe each transmitting antenna site by its geographical 
coordinates and also by its street address, or by reference to a nearby 
landmark. Geographical coordinates must be specified in degrees, 
minutes, and seconds to the nearest second of latitude and longitude.

    Note to paragraph (a)(4) of Sec. 22.115: The FAA has announced that 
effective October 15, 1992, it will use geographic coordinates based on 
the 1983 North American Datum (NAD83). Until further notice, however, 
the FCC will continue to use geographical coordinates based the 1927 
North American Datum (NAD27). Applicants may supply geographical 
coordinates based on NAD83 in addition to those required (NAD27).

    (5) Environmental concerns. Each applicant is required to indicate 
at the time its application is filed whether or not an FCC grant of the 
application may have a significant environmental effect, as defined by 
Sec. 1.1307 of this chapter. If answered affirmatively, an Environmental 
Assessment, required by Sec. 1.1311 of this chapter, must be filed with 
the application and environmental review by the FCC must be completed 
prior to construction.
    (b) Reference to material on file. Questions on application forms 
that call for specific technical data, or that can be answered yes or no 
or with another short answer, must be answered on the form. Otherwise, 
if documents, exhibits, or other lengthy showings already on file with 
the FCC contain information required in an application, the application 
may incorporate such information by reference, provided that:
    (1) The reference information comprises more than one 8\1/2\;Prime; 
x 11Prime; page and is current and accurate in all material respects; 
and,
    (2) The reference states specifically where the referenced 
information can actually be found, including:
    (i) The station call sign or application file number, if the 
reference is to station files or previously filed applications;
    (ii) The title of the proceeding, the docket number, and any legal 
citations, if the reference is to a docketed proceeding.
    (c) Service specific requirements. Applications for authorization in 
the Cellular Radiotelephone Service must contain specific information as 
required by Sec. 22.929 and Sec. 22.953. Applications for authorization 
in the Paging and Radiotelephone Service must contain specific 
information as required by Sec. 22.529, Sec. 22.559 and Sec. 22.589. 
Applications for authorization in the Rural Radiotelephone Service must 
contain the information required by Sec. 22.709. Applications for 
authorization in the Offshore Radio Service must contain the information 
required by Sec. 22.1037. Applications for authorization in the Air-
Ground Radiotelephone Service must contain specific information as 
required by Sec. 22.803 and Sec. 22.875, as appropriate.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
61 FR 4365, Feb. 6, 1996; 62 FR 11629, Mar. 12, 1997]



Sec. 22.117  Content of notifications.

    Notifications must contain all applicable information requested on 
the standard form and any additional information required by the rules 
in this part. See Secs. 22.124, 22.137, 22.142, 22.163, 22.165, 22.941, 
and 22.946.



Sec. 22.119  Requests for rule waivers.

    The FCC may waive the requirements of rules in this part on its own 
motion or upon written request.
    (a) Requests for waiver of rules must contain a complete explanation 
as to why the waiver is desired. The FCC may grant a request for waiver 
if it is shown that:
    (1) The underlying purpose of the rule(s) would not be served or 
would be frustrated by application to the instant

[[Page 102]]

case, and that a grant of the requested waiver would be in the public 
interest; or
    (2) In view of unique or unusual factual circumstances of the 
instant case, application of the rule(s) would be inequitable, unduly 
burdensome or contrary to the public interest, or that the applicant has 
no reasonable alternative.
    (b) The FCC, in its discretion, may give public notice of the filing 
of a waiver request and seek comment from the public or affected 
parties.
    (c) Denial of a rule waiver request associated with an application 
renders that application defective unless it contains an alternative 
proposal that fully complies with the rules, in which event the 
application is processed using the alternative proposal as if the waiver 
had not been requested. Applications rendered defective may be dismissed 
without prejudice.



Sec. 22.120  Application processing; initial procedures.

    This section contains rules governing the initial processing of 
applications for authority to operate a station in the Public Mobile 
Services.
    (a) File numbers. Applications received by the FCC are assigned file 
numbers. Assignment of a file number to an application is for 
administrative convenience and does not constitute a determination that 
the application is acceptable for filing. Assignment of a file number 
does not preclude the subsequent return or dismissal of an application. 
For administrative efficiency, the FCC, in its discretion, occasionally 
consolidates separate applications filed simultaneously by the same 
applicant into a single application (with one file number) and splits 
applications comprising two or more severable proposals into separate 
applications (with different file numbers).
    (b) Received date. The FCC records the date on which each 
application is received. This date is used to determine compliance with 
applicable cut-off dates or filing windows and for other purposes.
    (c) Initial review for completeness (prescreening). Each application 
is reviewed for completeness. The purpose of this initial review is to 
identify applications that are defective in an obvious way (e.g. not 
signed, missing pages, improper or missing fee payment). Applications 
found to be defective in this review are unacceptable for filing and may 
be returned to the applicant with a brief statement indicating the 
nature of the defect(s) found. Applications for which no obvious defects 
are discovered in the initial review are acceptable for filing.
    (d) Public notice; acceptance for filing. The FCC periodically 
issues Public Notices that list applications that are acceptable for 
filing. The listing of an application on a Public Notice as acceptable 
for filing provides notices to the public that the application has been 
filed; it does not preclude dismissal of the application if it is 
subsequently found to be defective or otherwise subject to dismissal 
under Sec. 22.128.



Sec. 22.121  Repetitious, inconsistent or conflicting applications.

    Repetitious, inconsistent or conflicting applications are not 
accepted for filing by the FCC. Unless the FCC in a particular case 
determines otherwise, such applications are not returned to the 
applicant.
    (a) While an application is pending, any subsequent inconsistent or 
conflicting application submitted by, on behalf of, or for the benefit 
of the same applicant, its successor or assignee will not be accepted 
for filing.
    (b) If an applicant has been afforded an opportunity for a hearing 
with respect to an application for a new station or an enlargement of 
service area, and the FCC has, after hearing or default, denied the 
application or dismissed it with prejudice, the FCC will not consider a 
like application for service of the same type to the same area by that 
applicant, or by its successor or assignee, or on behalf of or for the 
benefit of the parties in interest to the original application, until 
one year after the effective date of the FCC's action on the original 
application.
    (c) If an appeal has been taken from the action of the FCC denying a 
particular application, a like application for service of the same type 
to the same area, in whole or in part, filed by that applicant or by its 
successor or assignee, or on behalf or for the benefit of

[[Page 103]]

the parties in interest to the original application, will not be 
considered until the final disposition of such appeal.
    (d) If an authorization is automatically terminated because of 
failure to commence service to subscribers (see Sec. 22.144), the FCC 
will not consider an application for another authorization to operate a 
station on the same channel in the same geographical area by that party, 
or by its successor or assignee, or on behalf of or for the benefit of 
the parties in interest to the terminated authorization, until one year 
after the date the authorization terminated. This paragraph does not 
apply to authorizations in the Cellular Radiotelephone Service.

[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994]



Sec. 22.122  Amendment of applications.

    Pending applications may be amended as a matter of right if they 
have not been designated for hearing or listed in a Public Notice for a 
random selection or competitive bidding process, except as provided in 
paragraphs (b) and (c) of this section and in Sec. 22.949.
    (a) If a petition to deny or other formal objection has been filed, 
a copy of any amendment (or other filing) must be served on the 
petitioner. If the FCC has issued a Public Notice stating that the 
application appears to be mutually exclusive with another application 
(or applications), a copy of any amendment (or other filing) must be 
served on any such mutually exclusive applicant (or applicants).
    (b) Amendments to applications that resolve mutual exclusivity may 
be filed at any time, subject to the requirements of Sec. 22.129.
    (c) Amendments to applications designated for hearing may be allowed 
by the presiding officer and amendments to applications selected in a 
random selection process may be allowed by the FCC for good cause shown. 
In such instances, a written petition demonstrating good cause must be 
submitted and served upon the parties of record.



Sec. 22.123  Classification of filings as major or minor.

    Applications and amendments to applications are classified as major 
or minor. Categories of major and minor filings are listed in section 
309 of the Communications Act of 1934, as amended (47 U.S.C. 309). In 
general, a major filing is a request for an FCC action that has the 
potential to affect parties other than the applicant. Filings are minor 
if they are not classified as major.
    (a) Ownership or control change. Filings are major if they specify a 
substantial change in beneficial ownership or control (de jure or de 
facto), unless such change is involuntary or if the filing merely amends 
an application to reflect a change in ownership or control that has 
already been approved by the FCC.
    (b) Developmental. Applications are major if they request a 
developmental authorization pursuant to Sec. 22.409, or a regular 
authorization for facilities operating under a developmental 
authorization.
    (c) Renewal. Applications of renewal of authorizations are major.
    (d) Environmental. Filings are major if they request authorization 
for a facility that would have a significant environmental effect, as 
defined by Secs. 1.1301 through 1.1319 of this chapter.
    (e) Paging and Radiotelephone Service. In the Paging and 
Radiotelephone Service, filings are major if they:
    (1) Request that a paging geographic area authorization be issued to 
the filer on a requested channel;
    (2) Request an authorization that would establish for the filer a 
new fixed transmission path or service area (a new station) on a 
requested channel, unless the new service area would be totally within a 
paging geographic area for which the filer holds the paging geographic 
area authorization for the requested channel;
    (3) Request an authorization that would extend the interfering 
contours of an existing station beyond the composite interfering 
contours of station(s) authorized to the filer on a request channel;
    (4) Request an authorization that would increase the effective 
radiated power or antenna height above average

[[Page 104]]

terrain in any azimuth from an existing fixed transmitter authorized to 
the filer;
    (5) Request an authorization that would relocate an existing fixed 
transmitter;
    (6) Amend a pending application to change a requested channel;
    (7) Amend a pending application in a way that would extend the 
service area of a station on a requested channel to include area that--
    (i) Would not have been served by that station as previously 
proposed in the application and--
    (ii) Is not already served by the station on the requested channel;
    (8) Amend a pending application in a way that would extend the 
interfering contours of a station on a requested channel beyond--
    (i) The composite interfering contours of that station as previously 
proposed in the application and--
    (ii) The composite interfering contours of any other stations 
authorized to the filer on a requested channel;
    (9) Amend a pending application to increase the proposed effective 
radiated power or antenna height above average terrain in any azimuth of 
a fixed transmitter;
    (10) Amend a pending application to change the location of a fixed 
transmitter from that previously proposed in the application; or,
    (11) Amend a pending application for which pre-filing coordination 
was required (see Sec. 22.150) to change the technical proposal 
substantially from that which was coordinated with other users.
    (f) Rural Radiotelephone Service. In the Rural Radiotelephone 
Service, filings are major if they:
    (1) Request an authorization for a new central office or subscriber 
station;
    (2) Request an authorization that would extend the interfering 
contours of an existing station beyond the composite interfering 
contours of station(s) authorized to the filer on a requested channel;
    (3) Request an authorization that would increase the effective 
radiated power or antenna height above average terrain in any azimuth 
from an existing transmitter authorized to the filer;
    (4) Request an authorization that would relocate an existing 
transmitter;
    (5) Amend a pending application to change a requested channel;
    (6) Amend a pending application in a way that would extend the 
interfering contours of a station on a requested channel beyond--
    (i) The composite interfering contours of that station as previously 
proposed in the application and--
    (ii) The composite interfering contours of any other stations 
authorized to the filer on a requested channel; or,
    (7) Amend a pending application to increase the proposed effective 
radiated power or antenna height above average terrain in any azimuth of 
a transmitter.
    (g) Cellular Radiotelephone Service. In the Cellular Radiotelephone 
Service, filings are major if they:
    (1) Request an authorization to operate a new cellular system;
    (2) Request an authorization for facilities that would expand the 
cellular geographic service area (CGSA) of an existing cellular system, 
except during the applicable five year build-out period, if any;
    (3) Request an authorization for facilities that would produce a de 
minimis service area boundary extension (see Sec. 22.911(c)(1));
    (4) Request that a CGSA boundary or a portion of a CGSA boundary be 
determined using an alternative method (see Sec. 22.911(b));
    (5) Amend a pending application to change the requested channel 
block; or,
    (6) Amend a pending application by modifying the CGSA of the 
proposed cellular system to include area that--
    (i) Was not included in the CGSA as previously proposed in the 
application and--
    (ii) Is not included in the currently authorized CGSA, if any.
    (h) Air-ground Radiotelephone. In the Air-ground Radiotelephone 
Service, filings are major if they:
    (1) Request an authorization for a new General Aviation ground 
station or to relocate an existing General Aviation ground station;
    (2) Request the first authorization for a new Commercial Aviation 
ground station at a location other than those listed in Sec. 22.859;

[[Page 105]]

    (3) Request authorization to add a channel to or change a channel of 
an existing General Aviation ground station; or,
    (4) Amend a pending application to change the requested channel or 
channel block.
    (i) Offshore Radiotelephone. In the Offshore Radiotelephone Service, 
filings are major if they:
    (1) Request an authorization for a new offshore central or 
subscriber station;
    (2) Request authorization to add a channel to or change a channel of 
an existing offshore central or subscriber station; or,
    (3) Amend a pending application to change the technical proposal 
substantially from that which was coordinated with other users prior to 
filing.
    (j) Clerical errors. Amendments are classified as minor if they only 
correct typographical, transcription or similar clerical errors that are 
clearly demonstrated (e.g. by reference to other parts of the 
application) to be mistakes, and whose discovery and correction does not 
change information previously listed in a Public Notice.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11629, Mar. 12, 1997]



Sec. 22.124  Notification processing.

    This section contains rules governing the processing of 
notifications (filed on FCC Form 489) in the Public Mobile Services.
    (a) File numbers. Notifications received by the FCC are assigned 
file numbers. Assignment of a file number to a notification is for 
administrative convenience and does not constitute a determination that 
the notified action has been examined and not rejected by the FCC. 
Assignment of a file number does not preclude the return of a 
notification subsequently found to be defective.
    (b) Defective notifications. A notification is defective if:
    (1) It is unsigned or incomplete with respect to required answers to 
questions, informational showings, or other matters of a formal 
character;
    (2) It notifies of an action that does not comply with one or more 
of the FCC rules;
    (3) It notifies of an action for which an application for 
authorization is required;
    (4) It is submitted without the required microfiche; or,
    (5) It is untimely filed.
    (c) Review. After a file number is assigned, each notification is 
reviewed. The purpose of this review is to identify notifications that 
are unacceptable (e.g. not signed, missing pages, improper or missing 
fee payment). Notifications found to be unacceptable may be returned to 
the licensee with a brief statement describing the deficiency. If a 
notification is found to be unacceptable, the FCC may direct the 
licensee to return the station to compliance with its previous license 
terms. Acceptable notifications are added to the appropriate station 
files.



Sec. 22.125  Application for special temporary authorizations.

    In circumstances requiring immediate or temporary use of Public 
Mobile Services stations, carriers may request special temporary 
authority (STA) to operate new or modified equipment. Such requests may 
be submitted as informal applications (see Sec. 22.105) and must contain 
complete details about the proposed operation and the circumstances that 
fully justify and necessitate the grant of STA. Such requests should be 
filed in time to be received by the FCC at least 10 days prior to the 
date of proposed operation or, where an extension is sought, 10 days 
prior to the expiration date of the existing STA. Requests received less 
than 10 days prior to the desired date of operation may be given 
expedited considerations only if compelling reasons are given, in 
writing, for the delay in submitting the request. Otherwise, such late-
filed requests are considered in turn, but action might not be taken 
prior to the desired date of operation. Requests for STAs must be 
accompanied by the proper filing fee.
    (a) Grant without Public Notice. STAs may be granted without being 
listed in a Public Notice, or prior to 30 days after such listing, if:
    (1) The STA is to be valid for 30 days or less and the applicant 
does not plan to file an application for regular authorization of the 
subject operation;

[[Page 106]]

    (2) The STA is to be valid for 60 days or less, pending the filing 
of an application for regular authorization of the subject operation;
    (3) The STA is to allow interim operation to facilitate completion 
of authorized construction or to provide substantially the same service 
as previously authorized; or
    (4) The STA is made upon a finding that there are extraordinary 
circumstances requiring operation in the public interest and that delay 
in the institution of such service would seriously prejudice the public 
interest.
    (b) Limit on STA term. The FCC may grant STAs valid for a period not 
to exceed 180 days under the provisions of Sec. 309(f) of the 
Communications Act of 1934, as amended, (47 U.S.C. 309(f)) if 
extraordinary circumstances so require, and pending the filing of an 
application for regular operation. The FCC may grant extensions of STAs 
for a period of 180 days, but the applicant must show that extraordinary 
circumstances warrant such an extension.



Sec. 22.127  Public notices.

    Periodically, the FCC issues Public Notices listing major filings 
and other information of public significance. Categories of Public 
Notice listings are as follows:
    (a) Accepted for filing. Acceptance for filing of applications and 
major amendments thereto.
    (b) Actions. FCC actions on pending applications previously listed 
as accepted for filing.
    (c) Informative listings. Information that the FCC, in its 
discretion, believes to be of public significance. Such listings do not 
create any rights to file oppositions or other pleadings.



Sec. 22.128  Dismissal of applications.

    The FCC may dismiss any application for authorization, assignment of 
authorization, or consent to transfer of control in the Public Mobile 
Services, upon request by the applicant, or if the application is 
untimely filed, or if the application is mutually exclusive with another 
application that is selected or granted in accordance with the rules in 
this part, or for failure to prosecute, or if the requested spectrum is 
not available, or if the application is found to be defective. Such 
dismissal may be ``without prejudice,'' meaning that the FCC may accept 
from the applicant another application for the same purpose at any later 
time, or ``with prejudice,'' meaning that the FCC will not accept from 
the applicant another application for the same purpose for a period of 
one year. Unless otherwise provided in this part, a dismissed 
application will not be returned to the applicant.
    (a) Dismissal at request of applicant. Any applicant may request 
that its application be returned or dismissed. A request for the return 
of an application after it has been listed on Public Notice as 
tentatively accepted for filing is considered to be a request for 
dismissal of that application without prejudice.
    (1) If the applicant requests dismissal of its application with 
prejudice, the FCC will dismiss that application with prejudice.
    (2) If the applicant requests dismissal of its application without 
prejudice, the FCC will dismiss that application without prejudice, 
unless:
    (i) It has been designated for comparative hearing;
    (ii) It has been selected in a random selection process; or,
    (iii) It is an application for which the applicant submitted the 
winning bid in a competitive bidding process.
    (3) If the applicant requests dismissal of its application for which 
it submitted the winning bid in a competitive bidding process, the FCC 
will dismiss that application with prejudice. If the applicant requests 
dismissal of its application after that application has been designated 
for comparative hearing or selected in a random selection process, it 
may submit a written petition requesting that the dismissal be without 
prejudice. Such petition must demonstrate good cause and comply with 
Sec. 22.129 and be served upon all parties of record. The FCC may grant 
such petition and dismiss the application without prejudice or deny the 
petition and dismiss the application with prejudice.
    (b) Dismissal of mutually exclusive applications not granted. The 
FCC may dismiss mutually exclusive applications:
    (1) For which the applicant did not submit the winning bid in a 
competitive bidding process;

[[Page 107]]

    (2) That are included in a random selection process but are not 
granted; or,
    (3) That receive comparative consideration in a hearing but are not 
granted by order of the presiding officer.
    (c) Dismissal for failure to prosecute. The FCC may dismiss 
applications for failure of the applicant to prosecute or for failure of 
the applicant to respond substantially within a specified time period to 
official correspondence or requests for additional information. Such 
dismissal will generally be without prejudice if the failure to 
prosecute or respond occurred prior to designation of the application 
for comparative hearing or prior to selection of the application in a 
random selection process, but may be with prejudice in cases of non-
compliance with Sec. 22.129. Dismissal will generally be with prejudice 
if the failure to prosecute or respond occurred after designation of the 
application for comparative hearing or after selection of the 
application in a random selection process. The FCC may dismiss 
applications with prejudice for failure of the applicant to comply with 
requirements related to a competitive bidding process.
    (d) Dismissal as defective. The FCC may dismiss without prejudice 
applications that it finds to be defective. Applications for 
authorization or assignment of authorization are defective if:
    (1) They are unsigned or incomplete with respect to required answers 
to questions, informational showings, or other matters of a formal 
character; or,
    (2) They request an authorization that would not comply with one or 
more of the FCC rules and do not contain a request for waiver of these 
rule(s), or in the event that the FCC denies such a waiver request, do 
not contain an alternative proposal that fully complies with the rules;
    (e) Dismissal because spectrum not available. The FCC may dismiss 
applications that request spectrum which is unavailable because:
    (1) It is not allocated for assignment in the Public Mobile Services 
(see part 2 of this chapter);
    (2) It was previously assigned to another licensee on an exclusive 
basis or cannot be assigned to the applicant without causing 
interference; or
    (3) Reasonable efforts have been made to coordinate the proposed 
facility with foreign administrations under applicable international 
agreements, and an unfavorable response (harmful interference 
anticipated) has been received.
    (f) Dismissal as untimely. The FCC may dismiss without prejudice 
applications that are prematurely or late filed, including applications 
filed prior to the opening date or after the closing date of a filing 
window, or after the cut-off date for a mutually exclusive application 
filing group.



Sec. 22.129  Agreements to dismiss applications, amendments or pleadings.

    Parties that have filed an application in the Public Mobile Services 
that is mutually exclusive with one or more other applications, and then 
enter into an agreement to resolve the mutual exclusivity by withdrawing 
or requesting dismissal of the application or an amendment thereto, must 
obtain the approval of the FCC. Parties that have filed or threatened to 
file a petition to deny, informal objection or other pleading against a 
pending application in the Public Mobile Services and then seek to 
withdraw or request dismissal of, or refrain from filing, the petition, 
either unilaterally or in exchange for a financial consideration, must 
obtain the approval of the FCC.
    (a) The party withdrawing or requesting dismissal of its 
application, petition to deny, informal objection or other pleading or 
refraining from filing a pleading must submit to the FCC a request for 
approval of the withdrawal or dismissal, a copy of any written agreement 
related to the withdrawal or dismissal, and an affidavit setting forth:
    (1) A certification that neither the party nor its principals has 
received or will receive any money or other consideration in excess of 
the legitimate and prudent expenses incurred in preparing and 
prosecuting the application, petition to deny, informal objection or 
other pleading in exchange for the withdrawal or dismissal of the 
application, petition to deny, informal objection or other pleading, or 
threat to file a pleading, except that this provision

[[Page 108]]

does not apply to dismissal or withdrawal of applications pursuant to 
bona fide merger agreements;
    (2) The exact nature and amount of any consideration received or 
promised;
    (3) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (4) The terms of any oral agreement related to the withdrawal or 
dismissal of the application, petition to deny, informal objection or 
other pleading or threat to file a pleading.
    (b) In addition, within 5 days of the filing date of the applicant's 
or petitioner's request for approval, each remaining party to any 
written or oral agreement must submit an affidavit setting forth:
    (1) A certification that neither the applicant nor its principals 
has paid or will pay money or other consideration in excess of the 
legitimate and prudent expenses of the petitioner in exchange for 
withdrawing or dismissing the application, petition to deny, informal 
objection or other pleading; and
    (2) The terms of any oral agreement relating to the withdrawal or 
dismissal of the application, petition to deny, informal objection or 
other pleading.
    (c) No person shall make or receive any payments in exchange for 
withdrawing a threat to file or refraining from filing a petition to 
deny, informal objection, or any other pleading against an application. 
For the purposes of this section, reimbursement by an applicant of the 
legitimate and prudent expenses of a potential petitioner or objector, 
incurred reasonably and directly in preparing to file a petition to 
deny, will not be considered to be payment for refraining from filing a 
petition to deny or an informal objection. Payments made directly to a 
potential petitioner or objector, or a person related to a potential 
petitioner or objector, to implement non-financial promises are 
prohibited unless specifically approved by the FCC.
    (d) For the purposes of this section:
    (1) Affidavits filed pursuant to this section must be executed by 
the filing party, if an individual, a partner having personal knowledge 
of the facts, if a partnership, or an officer having personal knowledge 
of the facts, if a corporation or association.
    (2) Applications, petitions to deny, informal objections and other 
pleadings are deemed to be pending before the FCC from the time the 
application or petition to deny is filed with the FCC until such time as 
an order of the FCC granting, denying or dismissing the application, 
petition to deny, informal objection or other pleading is no longer 
subject to reconsideration by the FCC or to review by any court.
    (3) ``Legitimate and prudent expenses'' are those expenses 
reasonably incurred by a party in preparing to file, filing, prosecuting 
and/or settling its application, petition to deny, informal objection or 
other pleading for which reimbursement is sought.
    (4) ``Other consideration'' consists of financial concessions, 
including, but not limited to, the transfer of assets or the provision 
of tangible pecuniary benefit, as well as non-financial concessions that 
confer any type of benefit on the recipient.
    (e) Notwithstanding the provisions of this section, any payments 
made or received in exchange for withdrawing a short-form application 
for an FCC authorization awarded through competitive bidding shall be 
subject to the restrictions set forth in Sec. 1.2105(c) of this chapter.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11629, Mar. 12, 1997]



Sec. 22.130  Petitions to deny, responsive pleadings.

    Petitions to deny any major filing may be filed by parties able to 
demonstrate standing to file such petitions. Responsive pleadings to 
such petitions may be filed in accordance with the provisions of this 
section.
    (a) Content and requirements. Petitions to deny and responsive 
pleadings must:
    (1) Clearly identify the pertinent major filing(s);
    (2) Comply with all applicable requirements of Sec. 1.41 through 
Sec. 1.52 of this chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, are supported by affidavit of a 
person or persons with personal knowledge thereof,

[[Page 109]]

and which are sufficient to demonstrate that the petitioner (or 
respondent) is a party in interest and that a grant or other FCC action 
regarding the major filing would be inconsistent with the public 
interest;
    (4) Be filed within 30 days after the date of the Public Notice 
listing the major filing; and.
    (5) Contain a certificate of service showing that a copy has been 
mailed to the applicant no later than the date of filing with the FCC.
    (b) Expansion. Petitions to deny a major amendment to an application 
may raise only matters directly related to the major amendment that 
could not have been raised in connection with the application as 
originally filed. This paragraph does not apply to petitioners who gain 
standing because of the major amendment.
    (c) Dismissal. The FCC may, by letter, dismiss any petition to deny 
a major filing if the petition does not comply with the requirements of 
this section, if the issues raised become moot, or if the petitioner or 
his/her attorney fails to appear at a settlement conference pursuant to 
Sec. 22.135. The reason(s) for the dismissal are stated in the letter. 
When a petition to deny is dismissed, any related responsive pleadings 
are also dismissed.



Sec. 22.131  Procedures for mutually exclusive applications.

    Two or more pending applications are mutually exclusive if the grant 
of one application would effectively preclude the grant of one or more 
of the others under Commission rules governing the Public Mobile 
Services involved. The Commission uses the general procedures in this 
section for processing mutually exclusive applications in the Public 
Mobile Services. Additional specific procedures are prescribed in the 
subparts of this part governing the individual Public Mobile Services 
(see Secs. 22.509, 22.717, and 22.949) and in part 1 of this chapter.
    (a) Separate applications. Any applicant that files an application 
knowing that it will be mutually exclusive with one or more applications 
should not include in the mutually exclusive application a request for 
other channels or facilities that would not, by themselves, render the 
application mutually exclusive with those other applications. Instead, 
the request for such other channels or facilities should be filed in a 
separate application.
    (b) Filing groups. Pending mutually exclusive applications are 
processed in filing groups. Mutually exclusive applications in a filing 
group are given concurrent consideration. The Commission may dismiss as 
defective (pursuant to Sec. 22.128) any mutually exclusive 
application(s) whose filing date is outside of the date range for 
inclusion in the filing group. The types of filing groups used in day-
to-day application processing are specified in paragraph (c)(3) of this 
section. A filing group is one of the following types:
    (1) Renewal filing group. A renewal filing group comprises a timely-
filed application for renewal of an authorization and all timely-filed 
mutually exclusive competing applications (see Sec. 22.145).
    (2) Same-day filing group. A same-day filing group comprises all 
mutually exclusive applications whose filing date is the same day, which 
is normally the filing date of the first-filed application(s).
    (3) Thirty-day notice and cut-off filing group. A 30-day notice and 
cut-off filing group comprises mutually exclusive applications whose 
filing date is no later than thirty (30) days after the date of the 
Public Notice listing the first-filed application(s) (according to the 
filing dates) as acceptable for filing.
    (4) Window filing group. A window filing group comprises mutually 
exclusive applications whose filing date is within an announced filing 
window. An announced filing window is a period of time between and 
including two specific dates, which are the first and last dates on 
which applications (or amendments) for a particular purpose may be 
accepted for filing. In the case of a one-day window, the two dates are 
the same. The dates are made known to the public in advance.
    (c) Procedures. Generally, the Commission may grant one application 
in a filing group of mutually exclusive applications and dismiss the 
other application(s) in the filing group that are

[[Page 110]]

excluded by that grant, pursuant to Sec. 22.128.
    (1) Selection methods. In selecting the application to grant, the 
Commission may use competitive bidding, random selection, or comparative 
hearings, depending upon the type of applications involved.
    (2) Dismissal of applications. The Commission may dismiss any 
application in a filing group that is defective or otherwise subject to 
dismissal under Sec. 22.128, either before or after employing selection 
procedures.
    (3) Type of filing group used. Except as otherwise provided in this 
part, the type of filing group used in the processing of two or more 
mutually exclusive applications depends upon the purpose(s) of the 
applications.
    (i) If one of the mutually exclusive applications is a timely-filed 
application for renewal of an authorization, a renewal filing group is 
used.
    (ii) If any mutually exclusive application filed on the earliest 
filing date is an application for modification and none of the mutually 
exclusive applications is a timely-filed application for renewal, a 
same-day filing group is used.
    (iii) If all of the mutually exclusive applications filed on the 
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used, except that, for Phase I 
unserved area applications in the Cellular Radiotelephone Service, a 
one-day window filing group is used (see Sec. 22.949).
    (4) Disposition. If there is only one application in any type of 
filing group, the Commission may grant that application and dismiss 
without prejudice any mutually exclusive applications not in the filing 
group. If there is more than one mutually exclusive application in a 
filing group, the Commission disposes of these applications as follows:
    (i) Applications in a renewal filing group. All mutually exclusive 
applications in a renewal filing group are designated for comparative 
consideration in a hearing.
    (ii) Applications in a 30-day notice and cut-off filing group.
    (A) If all of the mutually exclusive applications in a 30-day notice 
and cut-off filing group are applications for initial authorization, the 
FCC administers competitive bidding procedures in accordance with 
Sec. 22.201 through Sec. 22.227 and subpart Q of part 1 of this chapter, 
as applicable. After such procedures, the application of the successful 
bidder may be granted and the other applications may be dismissed 
without prejudice.
    (B) If any of the mutually exclusive applications in a 30-day notice 
and cut-off filing group is an application for modification, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the FCC may designate all applications in the 
filing group for comparative consideration in a hearing. In this event, 
the result of the hearing disposes all of the applications in the filing 
group.
    (iii) Applications in a same-day filing group. If there are two or 
more mutually exclusive applications in a same-day filing group, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the Commission may designate all applications 
in the filing group for comparative consideration in a hearing. In this 
event, the result of the hearing disposes of all of the applications in 
the filing group.
    (iv) Applications in a window filing group. Applications in a window 
filing group are processed in accordance with the procedures for a 30-
day notice and cut-off filing group in paragraph (c)(4)(ii) of this 
section.
    (d) Terminology. For the purposes of this section, terms have the 
following meanings:
    (1) The filing date of an application is the date on which that 
application was received in a condition acceptable for filing or the 
date on which the most recently filed major amendment to that 
application was received, whichever is later, excluding major amendments 
in the following circumstances:
    (i) The major amendment reflects only a change in ownership or 
control found by the Commission to be in the public interest;

[[Page 111]]

    (ii) The major amendment as received is defective or otherwise found 
unacceptable for filing; or
    (iii) The application being amended has been designated for hearing 
and the Commission or the presiding officer accepts the major amendment.
    (2) An application for initial authorization is:
    (i) Any application requesting an authorization for a new system or 
station;
    (ii) Any application requesting authorization for an existing 
station to operate on an additional channel, unless the additional 
channel is for paired two-way radiotelephone operation, is in the same 
frequency range as the existing channel(s), and will be operationally 
integrated with the existing channel(s) such as by trunking;
    (iii) Any application requesting authorization for a new transmitter 
at a location more than 2 kilometers (1.2 miles) from any existing 
transmitters of the applicant licensee on the requested channel or 
channel block; or
    (iv) Any application to expand the CGSA of a cellular system (as 
defined in Sec. 22.911), except during the five-year build-out period.
    (v) Any ``short-form'' application (filed on FCC Form 175) 
requesting a new paging geographic area authorization.
    (3) An application for modification is any application other than an 
application for initial authorization or renewal.

[59 FR 59954, Nov. 21, 1994, as amended at 62 FR 11629, Mar. 12, 1997]



Sec. 22.132  Grant of applications.

    Applications for authorization may be granted thirty days after the 
issuance date of a Public Notice listing an application or the latest 
filed major amendment thereto as acceptable for filing.
    (a) Criteria for grants. The FCC grants applications without a 
hearing if, after examination of the application and consideration of 
any petitions or other pleadings and of such other matters as it may 
officially notice, the FCC finds that:
    (1) A grant will serve the public interest, convenience, and 
necessity;
    (2) There are no substantial and material questions of fact 
presented;
    (3) The applicant is eligible and qualified under applicable FCC 
regulations and policies;
    (4) The application is acceptable for filing, and complies with the 
FCC rules and other applicable requirements;
    (5) The application has not been designated for a hearing after 
being selected in a random selection process;
    (6) There are no applications entitled to comparative consideration 
with the application being granted; and
    (7) Operation of the proposed station would not cause interference 
to any authorized station(s).
    (b) Grant of petitioned applications. The FCC may grant, without a 
formal hearing, applications against which petitions to deny has been 
filed. If any petition(s) to deny are pending (i.e. have not been 
dismissed pursuant to Sec. 22.130(c) or withdrawn by the petitioner) 
when an application is granted, the FCC denies the petition(s) and 
issues a concise statement of the reason(s) for the denial, disposing of 
all substantive issues raised in the petitions.
    (c) Partial and conditional grants. The FCC may grant applications 
in part, and/or subject to conditions other than those normally applied 
to authorizations of the same type. When the FCC does this, it will 
inform the applicant of the reasons therefor. Such partial or 
conditional grants are final unless the FCC revises its action in 
response to a petition for reconsideration. Such petitions for 
reconsideration must be filed by the applicant within thirty days after 
the date of the letter or order stating the reasons for the partial or 
conditional grant, and must reject the partial or conditional grant and 
return the instrument of authorization.
    (d) Designation for hearing. The FCC may designate applications for 
a hearing, specifying with particularity the matters in issue, if, after 
consideration of the application, any petitions or other pleadings, and 
other matters which it may officially notice, the FCC is unable to make 
one or more of the findings listed in paragraph (a) of this section. The 
FCC may grant, deny or take other action with respect to applications 
designated for a hearing.

[[Page 112]]



Sec. 22.135  Settlement conference.

    Parties are encouraged to use alternative dispute resolution 
procedures to settle disputes (see subpart E of part 1 of this chapter). 
In any contested proceeding, the FCC, in its discretion, may direct the 
parties or their attorneys to appear before it for a conference.
    (a) The purposes of such conferences are:
    (1) To obtain admissions of fact or stipulations between the parties 
as to any or all of the matters in controversy;
    (2) To consider the necessity for or desirability of amendments to 
the pleadings, or of additional pleadings or evidentiary submissions;
    (3) To consider simplification or narrowing of the issues;
    (4) To encourage settlement of the matters in controversy by 
agreement between the parties; and
    (5) To consider other matters that may aid in the resolution of the 
contested proceeding.
    (b) Conferences are scheduled by the FCC at a time and place it may 
designate, to be conducted in person or by telephone conference call.
    (c) The failure of any party or attorney, following reasonable 
notice, to appear at a scheduled conference will be deemed a failure to 
prosecute, subjecting that party's application or petition to dismissal 
by the FCC pursuant to Sec. 22.128(c) or Sec. 22.130(c).



Sec. 22.137  Assignment of authorization; transfer of control.

    Authorizations in the Public Mobile Services may be assigned by the 
licensee to another party, voluntarily or involuntarily, directly or 
indirectly, or by transfer of control of a licensee holding such 
authorizations, only upon approval by the FCC. The assignee is 
responsible for ascertaining that the station facilities are and will 
remain in compliance with the terms and conditions of the authorization 
to be assigned.
    (a) Application required. The assignor or transferor must file an 
application for approval of assignment or transfer of control (FCC Form 
490). In the case of involuntary assignment, such application must be 
filed no later than 30 days after the event causing the assignment. The 
assignee or transferee must file a report qualifying it as a common 
carrier (FCC Form 430) unless a current report is already on file with 
the FCC.
    (1) Forbearance from pro forma assignments and transfers of control. 
Licensees that are telecommunications carriers as defined in 47 U.S.C. 
153 are subject to streamlined procedures for pro forma, i.e., non-
substantial, transfers and assignments.
    (2) A pro forma assignee or transferee is not required to seek prior 
FCC approval for the transaction, but must notify the FCC no later than 
30 days after the event causing the assignment or transfer, either by 
filing an FCC Form 490 or in letter form. If a letter is submitted, it 
must contain a certification that the transfer or assignment is non-
substantial and, together with all previous non-substantial 
transactions, does not involve a change in the licensee's ultimate 
control. A single letter may be filed for a transfer or assignment of 
control of more than one authorization if each authorization affected is 
identified by call sign. Licensees must concurrently update ownership 
information on their FCC Form 430, if necessary.
    (b) Notification of completion. Assignments and transfers of control 
must be completed within 60 days of FCC approval, except those licensees 
subject to the streamlined procedures of paragraph (a)(1). The assignee 
or transferee must notify the FCC by letter of the date of completion of 
the assignment or transfer of control. If an assignment or transfer of 
control is not completed within this time, the assignor or transferor 
must so notify the FCC by letter, and the assignee or transferee must 
submit the authorization(s) to the FCC for cancellation or request an 
extension of time to complete the assignment or transfer of control. If 
the assignment or transfer of control is not completed, the 
authorization(s) remain with the assignor or transferor.
    (c) Partial assignment of authorization. If the authorization for 
some, but not all, of the facilities of a Public Mobile Services station 
is assigned to another party, voluntarily or involuntarily, such action 
is a partial assignment of authorization.

[[Page 113]]

    (1) To request FCC approval of a partial assignment of 
authorization, the following must be filed in addition to the forms 
required by paragraph (a) of this section:
    (i) The assignor must notify the FCC (FCC Form 489) of the 
facilities to be deleted from its authorization upon completion of the 
assignment.
    (ii) The assignee must apply for authority (FCC Form 600) to operate 
a new station including the facilities for which authorization is 
assigned, or to modify the assignee's existing station to include the 
facilities for which authorization was assigned.
    (2) Partial assignments must be completed within 60 days of FCC 
approval. If an approved partial assignment is not completed within this 
time, the assignor must notify the FCC (FCC Form 489), and the assignee 
must submit the authorization(s) to the FCC for cancellation or request 
an extension of time to complete the assignment. If the assignment is 
not completed, the authorization(s) remain with the assignor.
    (d) Limitations. The FCC may deny applications for assignment of 
authorization or consent to transfer of control if:
    (1) The FCC is unable to make the findings contained in 
Sec. 22.132(a) with respect to both parties to the assignment or 
transfer;
    (2) The authorization was obtained for the principal purpose of 
speculation or profitable resale, rather than provision of common 
carrier telecommunication services to the public; or,
    (3) The authorization is for a commercial aviation system in the 
Air-ground Radiotelephone Service or an unserved area cellular system in 
the Cellular Radiotelephone Service and the system has not been 
constructed or operated, or has been operated for less than one year.
    (i) Licensees must not enter into agreements (e.g. option agreements 
or management contracts) to assign authorizations before or during the 
first year of operation, even if the assignment is to take place after 
the first year of operation.
    (ii) Notwithstanding the introductory texts of paragraphs (d) and 
(d)(3) of this section, the FCC may grant applications for pro forma 
assignments during the first year of operation.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 10344, Mar. 3, 1998]



Sec. 22.139  Trafficking.

    Carriers must not obtain or attempt to obtain an authorization in 
the Public Mobile services for the principal purpose of speculation or 
profitable resale of the authorization, but rather for the provision of 
common carrier telecommunication services to the public.
    (a) Applications for approval of assignment of authorization may be 
reviewed by the FCC to determine if the circumstances indicate 
trafficking in Public Mobile services authorizations.
    (b) The FCC may require submission of an affirmative, factual 
showing, supported by affidavit of persons with personal knowledge 
thereof, to demonstrate that the assignor did not acquire the 
authorization for the principal purpose of speculation or profitable 
resale of the authorization. This showing may include, for example, a 
demonstration that the proposed assignment is due to changed 
circumstances (described in detail) affecting the licensee after the 
grant of the authorization, or that the proposed assignment is 
incidental to a sale of other facilities or a merger of interests.



Sec. 22.142  Commencement of service; notification requirement.

    Stations must begin providing service to subscribers no later than 
the date of required commencement of service specified on the 
authorization. If service to subscribers has not begun by the date of 
required commencement of service, the authorization terminates, in whole 
or in part, without action by the FCC, pursuant to Sec. 21.144. 
Additional requirements for construction of facilities apply to cellular 
systems (see Sec. 22.946) and commercial aviation air-ground systems 
(see Sec. 22.873).
    (a) Construction period. The period between the date of grant of an 
authorization and the date of required commencement of service is 
referred to as the construction period. The terms of construction 
periods are given in the

[[Page 114]]

subparts of this part governing each Public Mobile Service.
    (b) Notification requirement. Licensees must notify the FCC (FCC 
Form 489) of commencement of service to subscribers. The notification 
must be mailed or delivered to the filing place (see Sec. 22.106) no 
later than 15 days after service begins.
    (1) The notification must state whether the station was constructed 
exactly as authorized or with minor changes.
    (2) If service to subscribers has begun using some, but not all, of 
the authorized transmitters, the notification must show to which 
specific transmitters it applies. Additional notifications must be filed 
if and when other transmitters commence providing service to 
subscribers. If the licensee no longer intends to construct and/or 
operate the remaining authorized transmitters, the notification should 
so state.
    (3) This section does not require licensees to notify the FCC of 
facilities added or modified pursuant to the provisions of Secs. 22.163 
and 22.165. It applies only to facilities specifically listed in 
authorizations for which a construction period is provided.
    (c) Requests for extension. Before the date of required commencement 
of service, licensees may file an application (FCC Form 600) requesting 
an extension of the construction period.
    (1) The FCC may grant applications for extension of the construction 
period if the licensee shows that failure to commence providing service 
to subscribers is due to causes beyond its control.
    (2) The FCC does not grant applications for extension of the 
construction period if failure to commence providing service to 
subscribers is due to delays caused by lack of financing, failure to 
obtain an antenna site, or failure to order equipment in a timely 
manner. If the licensee orders equipment within 90 days of authorization 
grant, a presumption of diligence is created.
    (3) The FCC does not grant applications for extension of the 
construction period if the licensee fails to commence providing service 
to subscribers because it intends to assign the authorization. The FCC 
does not grant applications for extension of the construction period 
solely to allow an assignee to complete facilities the assignor failed 
to construct.
    (d) Automatic extension for relocation. If, prior to the end of the 
construction period, a licensee files an application (FCC Form 600) to 
relocate a transmitter because of involuntary loss of the proposed site 
or for other reasons due to causes beyond the licensee's control, the 
construction period is automatically extended pending disposition of 
that application.
    (1) Extension of the construction period for one transmitter under 
this paragraph does not extend the construction period for other 
transmitter under the same authorization that are not to be relocated.
    (2) The filing of applications for modifications other than 
involuntary relocation does not automatically extend the construction 
period.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.143  Construction prior to grant of application.

    Applicants may construct facilities in the Public Mobile services 
prior to grant of their applications, subject to the provisions of this 
section, but must not operate such facilities until the FCC grants an 
authorization. If the conditions stated in this section are not met, 
applicants must not begin to construct facilities in the Public Mobile 
Services.
    (a) When applicants may begin construction. An applicant may begin 
construction of a facility 35 days after the date of the Public Notice 
listing the application for that facility as acceptable for filing, 
except that an applicant whose application to operate a new cellular 
system was selected in a random selection process may begin construction 
of that new cellular system 35 days after the date of the Public Notice 
listing it as the tentative selectee.
    (b) Notification to stop. If the FCC for any reason determines that 
construction should not be started or should be stopped while an 
application is pending, and so notifies the applicant, orally (followed 
by written confirmation) or in writing, the applicant must not begin 
construction or, if construction

[[Page 115]]

has begun, must stop construction immediately.
    (c) Assumption of risk. Applicants that begin construction pursuant 
to this section before receiving an authorization do so at their own 
risk and have no recourse against the United States for any losses 
resulting from:
    (1) Applications that are not granted;
    (2) Errors or delays in issuing Public Notices;
    (3) Having to alter, relocate or dismantle the facility; or
    (4) Incurring whatever costs may be necessary to bring the facility 
into compliance with applicable laws, or FCC rules and orders.
    (d) Conditions. Except as indicated, all pre-grant construction is 
subject to the following conditions:
    (1) The application is not mutually exclusive with any other 
application, except for successful bidders and tentative selectees in 
the Cellular Radiotelephone Service;
    (2) No petitions to deny the application have been filed;
    (3) The application does not include a request for a waiver of one 
or more FCC rules;
    (4) For any construction or alteration that would exceed the 
requirements of Sec. 17.7 of this chapter, the licensee has notified the 
appropriate Regional Office of the Federal Aviation Administration (FAA 
Form 7460-1), filed a request for antenna height clearance and 
obstruction marking and lighting specifications (FCC Form 854) with the 
FCC, PRB, Support Services Branch, Gettysburg, PA 17325;
    (5) The applicant has indicated in the application that the proposed 
facility would not have a significant environmental effect, in 
accordance with Secs. 1.1301 through 1.1319 of this chapter; and,
    (6) Under applicable international agreements and rules in this 
part, individual coordination of the proposed channel assignment(s) with 
a foreign administration is not required.



Sec. 22.144  Termination of authorizations.

    Authorizations in the Public Mobile Services remain valid until 
terminated in accordance with this section, except that the FCC may 
revoke an authorization pursuant to section 312 of the Communications 
Act of 1934, as amended (47 U.S.C. 312).
    (a) Expiration. Authorizations automatically terminate, without 
specific FCC action, on the expiration date specified therein, unless a 
timely application for renewal is filed (see Sec. 22.145). No 
authorization granted under the provisions of this part shall be for a 
longer term than ten years. See 47 U.S.C. 307(c).
    (b) Failure to commence providing service to subscribers. 
Authorizations automatically terminate, in whole or in part, without 
specific FCC action, on the date of required commencement of service, if 
service to subscribers is not commenced by that date (see Sec. 22.142), 
except as provided in paragraph (b)(1) of this section.
    (1) Authorizations do not terminate while a timely filed application 
for extension of the construction period is pending (see 
Sec. 22.142(c)).
    (2) If a timely filed application for extension of the construction 
period is dismissed or denied, the authorization automatically 
terminates, in whole or in part, without specific FCC action, on the day 
after the applicant or the applicant's attorney is notified of the FCC's 
action dismissing or denying the application for extension of the 
construction period.
    (c) Service discontinued. Authorizations automatically terminate, 
without specific FCC action, if service is permanently discontinued as 
provided in Sec. 22.317.
    (d) STAs. Special Temporary Authorizations (STAs) automatically 
terminate, without specific FCC action, at the end of the period 
specified therein, except as provided in paragraph (d)(1) of this 
section, or upon failure to comply with the terms and conditions 
therein.
    (1) STAs do not terminate while a timely filed request for an 
extension of the STA term, in accordance with Sec. 22.125(b), is 
pending.
    (2) If a timely filed request for extension of the STA term is 
dismissed or denied, the STA automatically terminates, without specific 
FCC action, on the day after the applicant or the applicant's attorney 
is notified of the FCC's action dismissing or denying the request for 
extension.

[[Page 116]]

    (e) Cancellation. Authorizations submitted by licensees for 
cancellation terminate when the FCC gives Public Notice of such action.



Sec. 22.145  Renewal application procedures.

    Applications for renewal (FCC Form 405) of expiring authorizations 
must be filed by the licensee prior to, but no earlier than 30 days 
before, the expiration date of the authorization. A separate application 
is required for each authorization (call sign). Competing applications 
from parties wishing to challenge the renewal must be filed during the 
same 30 day period. Additional renewal requirements applicable only to 
specific Public Mobile Services are set forth in the subparts governing 
those services.



Sec. 22.150  Standard pre-filing technical coordination procedure.

    For operations on certain channels in the Public Mobile Services, 
carriers must attempt to coordinate the proposed use of spectrum with 
other spectrum users prior to filing an application for authority to 
operate a station. Rules requiring this procedure for specific channels 
and types of stations are contained in the subparts governing the 
individual Public Mobile Services.
    (a) Coordination comprises two steps--notification and response. 
Each step may be accomplished orally or in writing.
    (b) Notification must include relevant technical details of the 
proposal. At minimum, this should include the following:
    (1) Geographical coordinates of the antenna site(s).
    (2) Transmitting and receiving channels to be added or changed.
    (3) Transmitting power, emission type and polarization.
    (4) Transmitting antenna pattern and maximum gain.
    (5) Transmitting antenna height above ground level.
    (c) Applicants and licensees receiving notification must respond 
promptly, even if no channel usage conflicts are anticipated. If any 
notified party fails to respond within 30 days, the applicant may file 
the application without a response from that party.
    (d) The 30-day period begins on the date of receipt of the 
notification by the party being notified. If the notification is by 
mail, this date may be ascertained by:
    (1) The return receipt on certified mail,
    (2) The enclosure of a card to be dated and returned by the party 
being notified, or
    (3) A reasonable estimate of the time required for the mail to reach 
its destination. In this case, the date when the 30-day period will 
expire must be stated in the notification.
    (e) All channel usage conflicts discovered during the coordination 
process should be resolved prior to filing of the application. If the 
applicant is unable or unwilling to resolve a particular conflict, the 
application may be accepted for filing if it contains a statement 
describing the unresolved conflict and a brief explanation of the 
reasons why a resolution was not achieved.
    (f) If a number of changes in the technical parameters of a proposed 
facility become necessary during the course of the coordination process, 
an attempt should be made to minimize the number of separate 
notifications. If the changes are incorporated into a completely revised 
notice, the items that were changed from the previous notice should be 
identified.
    (g) In situations where subsequent changes are not numerous or 
complex, the party receiving the changed notification should make an 
effort to respond in less than 30 days. If the applicant believes a 
shorter response time is reasonable and appropriate, it should so 
indicate in the notice and suggest a response date.
    (h) If a subsequent change in the technical parameters of a proposed 
facility could not affect the facilities of one or more of the parties 
that received an initial notification, the applicant is not required to 
coordinate that change with these parties. However, these parties must 
be advised of the change and of the opinion that coordination is not 
required.



Sec. 22.157  Distance computation.

    The method given in this section must be used to compute the 
distance

[[Page 117]]

between any two locations, except that, for computation of distance 
involving stations in Canada and Mexico, methods for distance 
computation specified in the applicable international agreement, if any, 
must be used instead. The method set forth in this paragraph is 
considered to be sufficiently accurate for distances not exceeding 475 
km (295 miles).
    (a) Convert the latitudes and longitudes of each reference point 
from degree-minute-second format to degree-decimal format by dividing 
minutes by 60 and seconds by 3600, then adding the results to degrees.
[GRAPHIC] [TIFF OMITTED] TR17NO94.000

    (b) Calculate the mean geodetic latitude between the two reference 
points by averaging the two latitudes:
[GRAPHIC] [TIFF OMITTED] TR17NO94.001

    (c) Calculate the number of kilometers per degree latitude 
difference for the mean geodetic latitude calculated in paragraph (b) of 
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.002

    (d) Calculate the number of kilometers per degree of longitude 
difference for the mean geodetic latitude calculated in paragraph (b) of 
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.003

    (e) Calculate the North-South distance in kilometers as follows:
    [GRAPHIC] [TIFF OMITTED] TR17NO94.004
    
    (f) Calculate the East-West distance in kilometers as follows:
    [GRAPHIC] [TIFF OMITTED] TR17NO94.005
    
    (g) Calculate the distance between the locations by taking the 
square root of the sum of the squares of the East-West and North-South 
distances:
[GRAPHIC] [TIFF OMITTED] TR17NO94.006

    (h) Terms used in this section are defined as follows:
    (1) LAT1dd and LON1dd are the coordinates of 
the first location in degree-decimal format.
    (2) LAT2dd and LON2dd are the coordinates of 
the second location in degree-decimal format.
    (3) ML is the mean geodetic latitude in degree-decimal format.
    (4) KPDlat is the number of kilometers per degree of 
latitude at a given mean geodetic latitude.
    (5) KPDlon is the number of kilometers per degree of 
longitude at a given mean geodetic latitude.
    (6) NS is the North-South distance in kilometers.
    (7) DIST is the distance between the two locations, in kilometers.



Sec. 22.159  Computation of average terrain elevation.

    Average terrain elevation must be calculated by computer using 
elevations from a 30 second point or better topographic data file. The 
file must be identified. If a 30 second point data file is used, the 
elevation data must be processed for intermediate points using 
interpolation techniques; otherwise, the nearest point may be used. In 
cases of dispute, average terrain elevation determinations can also be 
done manually, if the results differ significantly from the computer 
derived averages.
    (a) Radial average terrain elevation is calculated as the average of 
the elevation along a straight line path from 3 to 16 kilometers (2 and 
10 miles) extending radially from the antenna site. If a portion of the 
radial path extends over foreign territory or water, such portion must 
not be included in the computation of average elevation unless the 
radial path again passes over United States land between 16 and 134 
kilometers (10 and 83 miles) away from the station. At least 50 evenly 
spaced

[[Page 118]]

data points for each radial should be used in the computation.
    (b) Average terrain elevation is the average of the eight radial 
average terrain elevations (for the eight cardinal radials).
    (c) For locations in Dade and Broward Counties, Florida, the method 
prescribed above may be used or average terrain elevation may be assumed 
to be 3 meters (10 feet).



Sec. 22.161  Application requirements for ASSB.

    Applications for base stations employing amplitude compandored 
single sideband modulation (ASSB) must contain the following 
information:
    (a) The application must describe fully the modulation 
characteristics, emission and occupied bandwidth, and specify the center 
frequency of the emission for each channel, carrier frequency, and pilot 
channels, if any. The emission must fall completely within a channel 
assignable for two-way operation in the Paging and Radiotelephone 
Service, Rural Radiotelephone Service or Offshore Radiotelephone 
Service.
    (b) The application must contain interference studies between 
stations within an authorized bandwidth, whether FM-to-ASSB, ASSB-to-FM, 
or ASSB-to-ASSB in accordance with the following: For ASSB stations, the 
transmitter nearest to the protected station must be used. The effective 
radiated power in the direction of the protected station must be the sum 
of the peak effective radiated power of all transmitters in the group, 
in the direction of the protected station. The antenna center of 
radiation height above average terrain must be the highest antenna 
center of radiation height of any transmitter in the group in the 
direction of the protected station. The channel of the group is assumed 
to be the same as that of the protected station (co-channel), and 
studies must be made in accordance with Sec. 22.567.



Sec. 22.163  Minor modifications to existing stations.

    Licensees may make modifications to existing stations without 
obtaining prior Commission approval provided:
    (a) Classification as minor. The modifications must be minor. 
Modifications to a station are minor if an application filed solely for 
the purpose of obtaining authorization for such modifications would not 
be classified as major in accordance with Sec. 22.123.
    (b) International coordination. The modifications are limited to 
those for which individual coordination of the channel assignment(s) 
with a foreign administration, under applicable international agreements 
and rules in this part, is not required.
    (c) Antenna structure clearance required. For any construction or 
alteration that would exceed the requirements of Sec. 17.7 of this 
chapter, licensees must notify the appropriate Regional Office of the 
Federal Aviation Administration (FAA Form 7460-1) and file a request for 
antenna height clearance and obstruction marking and lighting 
specifications (FCC Form 854) with the FCC, PRB, Support Services 
Branch, Gettysburg, PA 17325.
    (d) Provision of information upon request. Licensees must supply 
administrative or technical information concerning the modified 
facilities upon request by the FCC. At the time modifications are made 
pursuant to this section, licensees must make a record of the pertinent 
technical and administrative information so that such information is 
readily available. See Sec. 22.303.
    (e) Notification required for modifications affecting CGSA. 
Licensees in the Cellular Radiotelephone Service must notify the FCC 
(FCC Form 489) of any modifications made under this section that cause a 
change in the Cellular Geographic Service Area boundary (including the 
removal of a transmitter or transmitters). The notification must include 
full size and reduced maps, and supporting engineering, as described in 
Sec. 22.953(a)(5) (i) through (iii). If the modification involves a 
contract service area boundary (SAB) extension (see Sec. 22.912), the 
notification must include a statement as to whether the five year build-
out period for the system on the relevant channel block in the market 
into which the SAB extends has elapsed, and whether the SAB extends into 
any unserved area in that market. The notification must be mailed or 
delivered to the filing place (see Sec. 22.106)

[[Page 119]]

no later than 15 days after the modification is made.



Sec. 22.165  Additional transmitters for existing systems.

    A licensee may operate additional transmitters at additional 
locations on the same channel or channel block as its existing system 
without obtaining prior Commission approval provided:
    (a) International coordination. The locations and/or technical 
parameters of the additional transmitters are such that individual 
coordination of the channel assignment(s) with a foreign administration, 
under applicable international agreements and rules in this part, is not 
required.
    (b) Antenna structure clearance required. For any construction or 
alteration that would exceed the requirements of Sec. 17.7 of this 
chapter, licensees must notify the appropriate Regional Office of the 
Federal Aviation Administration (FAA Form 7460-1) and file a request for 
antenna height clearance and obstruction marking and lighting 
specifications (FCC Form 854) with the FCC, PRB, Support Services 
Branch, Gettysburg, PA 17325.
    (c) Environmental. The additional transmitters must not have a 
significant environmental effect as defined by Secs. 1.1301 through 
1.1319 of this chapter.
    (d) Paging and Radiotelephone Service. The provisions in this 
paragraph apply for stations in the Paging and Radiotelephone Service.
    (1) The interfering contours of the additional transmitter(s) must 
be totally encompassed by the composite interfering contour of the 
existing station (or stations under common control of the applicant) on 
the same channel, except that this limitation does not apply to 
nationwide network paging stations or in-building radiation systems.
    (2) Additional transmitters in the 43 MHz frequency range operate 
under developmental authority, subject to the conditions set forth in 
Sec. 22.411.
    (3) The additional transmitters must not operate on control channels 
in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz 
frequency ranges.
    (e) Cellular Radiotelephone Service. During the five year build-out 
period, the service area boundaries of the additional transmitters, as 
calculated by the method set forth in Sec. 22.911(a), must remain within 
the market, except that the service area boundaries may extend beyond 
the market boundary into area that is part of the CGSA or is already 
encompassed by the service area boundaries of previously authorized 
facilities. After the five year build-out period, the service area 
boundaries of the additional transmitters, as calculated by the method 
set forth in Sec. 22.911(a), must remain within the CGSA. Licensees must 
notify the FCC (FCC Form 489) of any transmitters added under this 
section that cause a change in the CGSA boundary. The notification must 
include full size and reduced maps, and supporting engineering, as 
described in Sec. 22.953(a)(5) (i) through (iii). If the addition of 
transmitters involves a contract service area boundary (SAB) extension 
(see Sec. 22.912), the notification must include a statement as to 
whether the five year build-out period for the system on the relevant 
channel block in the market into which the SAB extends has elapsed, and 
whether the SAB extends into any unserved area in the market. The 
notification must be mailed or delivered to the filing place (see 
Sec. 22.106) no later than 15 days after the addition is made.
    (f) Air-ground Radiotelephone Service. Ground stations may be added 
to Commercial Aviation air-ground systems at previously established 
ground station locations, pursuant to Sec. 22.859, subject to compliance 
with the applicable technical rules. This section does not apply to 
General Aviation air-ground stations.
    (g) Rural Radiotelephone Service. A ``service area'' and 
``interfering contours'' must be determined using the same method as for 
stations in the Paging and Radiotelephone Service. The service area and 
interfering contours so determined for the additional transmitter(s) 
must be totally encompassed by the similarly determined composite 
service area contour and predicted interfering contour, respectively, of 
the existing station on the same channel. This section does not apply to 
Basic Exchange Telecommunications Radio Systems.

[[Page 120]]

    (h) Offshore Radiotelephone Service. This section does not apply to 
stations in the Offshore Radiotelephone Service.
    (i) Provision of information upon request. Upon request by the FCC, 
licensees must supply administrative or technical information concerning 
the additional transmitters. At the time transmitters are added pursuant 
to this section, licensees must make a record of the pertinent technical 
and administrative information so that such information is readily 
available. See Sec. 22.303.

[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at 
62 FR 11629, Mar. 12, 1997]



Sec. 22.169  International coordination of channel assignments.

    Channel assignments under this part are subject to the applicable 
provisions and requirements of treaties and other international 
agreements between the United States government and the governments of 
Canada and Mexico.

                     Competitive Bidding Procedures

    Source: 62 FR 11629, Mar. 12, 1997, unless otherwise noted.



Sec. 22.201  Scope of competitive bidding rules.

    Sections 22.201 through 22.227, inclusive (and, unless otherwise 
specified in this part, the procedures set forth in part 1, subpart Q, 
of this chapter), apply only to competitive bidding (``auction'') 
procedures for authorizations as follows:
    (a) Paging geographic area authorizations issued pursuant to this 
part or to part 90 of this chapter.
    (b) [Reserved].



Sec. 22.203  Competitive bidding design for paging licensing.

    A simultaneous multiple round auction will be used to choose from 
among mutually exclusive initial applications for paging geographic area 
authorizations, unless the FCC specifies otherwise by Public Notice 
prior to the competitive bidding procedure.



Sec. 22.205  Competitive bidding mechanisms.

    (a) Sequencing. The FCC will establish and may vary the sequence in 
which paging geographic area authorizations are auctioned.
    (b) Grouping. The FCC will determine which licenses will be 
auctioned simultaneously or in combination based on interdependency and 
administrative circumstances.
    (c) Minimum Bid Increments. The FCC may, by public announcement 
before or during an auction, require minimum bid increments in dollar or 
percentage terms.
    (d) Stopping Rules. The FCC may establish stopping rules before or 
during an auction in order to terminate the auction within a reasonable 
time.
    (e) Activity Rules. The FCC may establish activity rules which 
require a minimum amount of bidding activity. In the event that the FCC 
establishes an activity rule in connection with a simultaneous multiple 
round auction, each bidder may request waivers of such rule during the 
auction. The FCC may, by public announcement either before or during an 
auction, specify or vary the number of waivers available to each bidder.



Sec. 22.207  Withdrawal, default, and disqualification payments.

    The FCC will impose payments on bidders who withdraw high bids 
during the course of an auction, who default on payments due after an 
auction terminates, or who are disqualified. When the FCC conducts a 
simultaneous multiple round auction, payments will be calculated as set 
forth in Secs. 1.2104(g) and 1.2109 of this chapter. When the amount of 
such a payment cannot be determined, a deposit of up to 20 percent of 
the amount bid on the license will be required.



Sec. 22.209  Bidding applications (FCC Form 175 and 175-S Short-form).

    Each applicant to participate in competitive bidding for paging 
geographic area authorizations must submit an application (FCC Forms 175 
and 175-S) pursuant to the provisions of Sec. 1.2105 of this chapter.

[[Page 121]]



Sec. 22.211  Submission of upfront payments and down payments.

    (a) The FCC will require applicants to submit an upfront payment 
prior to the start of a paging auction. The amount of the upfront 
payment for each geographic area license auctioned and the procedures 
for submitting it will be set forth by the Wireless Telecommunications 
Bureau in a Public Notice in accordance with Sec. 1.2106 of this 
chapter.
    (b) Each winning bidder in a paging auction must submit a down 
payment to the FCC in an amount sufficient to bring its total deposits 
up to 20 percent of its winning bid. All winning bidders except small 
businesses will be required to make such payment within ten business 
days following the release of a Public Notice announcing the close of 
bidding. Small businesses must bring their deposits up to 10 percent of 
their winning bids within ten business days following the release of a 
Public Notice announcing the close of bidding, and must pay an 
additional 10 percent prior to licensing, by a date and time to be 
specified by Public Notice.



Sec. 22.213  Long-form applications (FCC Form 600).

    Each successful bidder for a paging geographic area authorization 
must submit a ``long-form'' application (FCC Form 600) within ten 
business days after being notified by Public Notice that it is the 
winning bidder. Applications for paging geographic area authorizations 
on FCC Form 600 must be submitted in accordance with Sec. 1.2107 of this 
chapter, all applicable procedures set forth in the rules in this part, 
and any applicable Public Notices that the FCC may issue in connection 
with an auction. After an auction, the FCC will not accept long-form 
applications for paging geographic area authorizations from anyone other 
than the auction winners and parties seeking partitioned licenses 
pursuant to agreements with auction winners under Sec. 22.221.



Sec. 22.215  Authorization grant, denial, default, and disqualification.

    (a) Each winning bidder, except those eligible for installment 
payments, will be required to pay the full balance of its winning bid 
within ten business days following Public Notice that the FCC is 
prepared to award the authorization.
    (b) A bidder that withdraws its bid subsequent to the close of 
bidding, defaults on a payment due, or is disqualified, is subject to 
the payments specified in Sec. 22.207, Sec. 1.2104(g), or Sec. 1.2109 of 
this chapter, as applicable.



Sec. 22.217  Bidding credits for small businesses.

    (a) A winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in Sec. 22.223(b)(1)(i) may 
use a bidding credit of 15 percent to lower the cost of its winning bid. 
A winning bidder that qualifies as a small business or a consortium of 
small businesses as defined in Sec. 22.223(b)(1)(ii) may use a bidding 
credit of ten percent to lower the cost of its winning bid.
    (b) Unjust Enrichment:
    (1) If a small business that utilizes a bidding credit under this 
section seeks to transfer control or assign an authorization to an 
entity that is not a small business under Sec. 22.223(b)(1), or seeks to 
make any other change in ownership that would result in the licensee 
losing eligibility as a small business, the small business must seek FCC 
approval and reimburse the U.S. government for the amount of the bidding 
credit (plus interest at the rate imposed for installment financing at 
the time the license was awarded), as a condition of approval of such 
assignment, transfer, or other ownership change.
    (2) If a small business that utilizes a bidding credit under this 
section seeks to transfer control or assign an authorization to a small 
business meeting the eligibility standards for a lower bidding credit, 
or seeks to make any other change in ownership that would result in the 
licensee qualifying for a lower bidding credit under this section, the 
licensee must seek FCC approval and reimburse the U.S. government for 
the difference between the amount of the bidding credit obtained by the 
licensee and the bidding credit for which the assignee, transferee, or 
licensee is eligible under this section (plus interest at the rate 
imposed for installment financing at the time the license was

[[Page 122]]

awarded), as a condition of the approval of such assignment, transfer, 
or other ownership change.
    (3) The amount of payments made pursuant to paragraphs (b)(1) and 
(b)(2) of this section will be reduced over time as follows: A transfer 
in the first two years of the license term will result in a forfeiture 
of 100 percent of the value of the bidding credit (or the difference 
between the bidding credit obtained by the original licensee and the 
bidding credit for which the post-transfer licensee is eligible); in 
year 3 of the license term the payment will be 75 percent; in year 4 the 
payment will be 50 percent; and in year 5 the payment will be 25 
percent, after which there will be no assessment.



Sec. 22.219  Installment payments for licenses won by small businesses.

    (a) Each licensee that qualifies as a small business under 
Sec. 22.223(b)(1) may pay the remaining 80 percent of the net auction 
price for the license in installment payments over the term of the 
authorization. Interest charges shall be fixed at the time of licensing 
at a rate equal to the rate for ten-year U.S. Treasury obligations plus 
2.5 percent. An eligible licensee may make interest-only payments for 
two years. Payments of interest and principal shall be amortized over 
the remaining eight years of the license term.
    (b) Late Installment Payment.
    (1) Any licensee that submits a scheduled installment payment more 
than 15 days late will be charged a late payment fee equal to 5 percent 
of the amount of the past due payment.
    (2) Payments will be applied in the following order: late charges, 
interest charges, principal payments.
    (c) Unjust Enrichment:
    (1) If a licensee that utilizes installment financing under this 
section seeks to assign or transfer control of its license to an entity 
not meeting the eligibility standards for installment financing, the 
licensee must seek FCC approval and make full payment of the remaining 
unpaid principal and unpaid interest accrued through the date of 
assignment or transfer as a condition of FCC approval.
    (2) If a licensee that utilizes installment financing under this 
section seeks to make any change in ownership structure that would 
result in the licensee losing eligibility for installment payments, the 
licensee shall first seek FCC approval before making such a change in 
ownership structure and must make full payment of the remaining unpaid 
principal and unpaid interest accrued through the date of such change in 
ownership structure as a condition of FCC approval.



Sec. 22.221  Eligibility for partitioned licenses.

    If partitioned licenses are being applied for in conjunction with a 
license(s) to be awarded through competitive bidding procedures--
    (a) The applicable procedures for filing short-form applications and 
for submitting upfront payments and down payments contained in this 
chapter shall be followed by the applicant, who must disclose as part of 
its short-form application all parties to agreement(s) with or among 
other entities to partition the license pursuant to this section, if won 
at auction (see 47 CFR 1.2105(a)(2)(viii));
    (b) Each party to an agreement to partition the license must file a 
long-form application (FCC Form 600) for its respective, mutually 
agreed-upon geographic area together with the application for the 
remainder of the MTA or EA filed by the auction winner.
    (c) If the partitioned license is being applied for as a partial 
assignment of the MTA or EA license following grant of the initial 
license, request for authorization for partial assignment of a license 
shall be made pursuant to Sec. 22.137.



Sec. 22.223  Definitions concerning competitive bidding process.

    (a) Scope. The definitions in this section apply to Secs. 22.201 
through 22.227, unless otherwise specified in those sections.
    (b) Small business; consortium of small businesses. (1) A small 
business is an entity that either:
    (i) Together with its affiliates and controlling principals has 
average gross revenues that are not more than $3 million for the 
preceding three years; or

[[Page 123]]

    (ii) Together with its affiliates and controlling principals has 
average gross revenues that are not more than $15 million for the 
preceding three years.
    (2) For purposes of determining whether an entity meets either the 
$3 million or $15 million average annual gross revenues size standard 
set forth in paragraph (b)(1) of this section, the gross revenues of the 
entity, its affiliates, and controlling principals shall be considered 
on a cumulative basis and aggregated.
    (3) A consortium of small businesses is a conglomerate organization 
formed as a joint venture between or among mutually independent business 
firms, each of which individually satisfies the definition of a small 
business in paragraph (b)(1) of this section. Each individual member 
must establish its eligibility as a small business, as defined in this 
section. Where an applicant (or licensee) is a consortium of small 
businesses, the gross revenues of each small business shall not be 
aggregated.
    (c) Gross Revenues. Gross revenues shall mean all income received by 
an entity, whether earned or passive, before any deductions are made for 
costs of doing business (e.g., cost of goods sold). Gross revenues are 
evidenced by audited financial statements for the relevant number of 
calendar or fiscal years preceding the filing of the applicant's short-
form application. If an entity was not in existence for all or part of 
the relevant period, gross revenues shall be evidenced by the audited 
financial statements of the entity's predecessor-in-interest or, if 
there is no identifiable predecessor-in-interest, unaudited financial 
statements certified by the applicant as accurate. When an applicant 
does not otherwise use audited financial statements, its gross revenues 
may be certified by its chief financial officer or its equivalent.
    (d) Affiliate.--(1) Basis for Affiliation. An individual or entity 
is an affiliate of an applicant if such individual or entity:
    (i) Directly or indirectly controls or has the power to control the 
applicant, or
    (ii) Is directly or indirectly controlled by the applicant, or
    (iii) Is directly or indirectly controlled by a third party or 
parties who also control or have the power to control the applicant, or
    (iv) Has an ``identity of interest'' with the applicant.
    (2) Nature of control in determining affiliation. (i) Every business 
concern is considered to have one or more parties who directly or 
indirectly control or have the power to control it. Control may be 
affirmative or negative and it is immaterial whether it is exercised so 
long as the power to control exists.

    Example for paragraph (d)(2)(i). An applicant owning 50 percent of 
the voting stock of another concern would have negative power to control 
such concern since such party can block any action of the other 
stockholders. Also, the bylaws of a corporation may permit a stockholder 
with less than 50 percent of the voting stock to block any actions taken 
by the other stockholders in the other entity. Affiliation exists when 
the applicant has the power to control a concern while at the same time 
another person, or persons, are in control of the concern at the will of 
the party or parties with the power of control.

    (ii) Control can arise through stock ownership; occupancy of 
director, officer or key employee positions; contractual or other 
business relations; or combinations of these and other factors. A key 
employee is an employee who, because of his/her position in the concern, 
has a critical influence in or substantive control over the operations 
or management of the concern.
    (iii) Control can arise through management positions if the voting 
stock is so widely distributed that no effective control can be 
established.

    Example for paragraph (d)(2)(iii). In a corporation where the 
officers and directors own various size blocks of stock totaling 40 
percent of the corporation's voting stock, but no officer or director 
has a block sufficient to give him/her control or the power to control 
and the remaining 60 percent is widely distributed with no individual 
stockholder having a stock interest greater than 10 percent, management 
has the power to control. If persons with such management control of the

[[Page 124]]

other entity are controlling principals of the applicant, the other 
entity will be deemed an affiliate of the applicant.

    (3) Identity of interest between and among persons. Affiliation can 
arise between or among two or more persons with an identity of interest, 
such as members of the same family or persons with common investments. 
In determining if the applicant controls or is controlled by a concern, 
persons with an identity of interest will be treated as though they were 
one person.
    (i) Spousal affiliation. Both spouses are deemed to own or control 
or have the power to control interests owned or controlled by either of 
them, unless they are subject to a legal separation recognized by a 
court of competent jurisdiction in the United States.
    (ii) Kinship affiliation. Immediate family members will be presumed 
to own or control or have the power to control interests owned or 
controlled by other immediate family members. In this context 
``immediate family member'' means father, mother, husband, wife, son, 
daughter, brother, sister, father- or mother-in-law, son- or daughter-
in-law, brother- or sister-in-law, step-father, or -mother, step-
brother, or -sister, step-son, or -daughter, half-brother or -sister. 
This presumption may be rebutted by showing that:
    (A) The family members are estranged,
    (B) The family ties are remote, or
    (C) The family members are not closely involved with each other in 
business matters.

    Example for paragraph (d)(3)(ii). A owns a controlling interest in 
Corporation X. A's sister-in-law, B, has a controlling interest in a 
paging geographic area authorization application. Because A and B have a 
presumptive kinship affiliation, A's interest in Corporation X is 
attributable to B, and thus to the applicant, unless B rebuts the 
presumption with the necessary showing.

    (4) Affiliation through stock ownership. (i) An applicant is 
presumed to control or have the power to control a concern if he/she 
owns or controls or has the power to control 50 percent or more of its 
voting stock.
    (ii) An applicant is presumed to control or have the power to 
control a concern even though he/she owns, controls, or has the power to 
control less than 50 percent of the concern's voting stock, if the block 
of stock he/she owns, controls, or has the power to control is large as 
compared with any other outstanding block of stock.
    (iii) If two or more persons each owns, controls or has the power to 
control less than 50 percent of the voting stock of a concern, such 
minority holdings are equal or approximately equal in size, and the 
aggregate of these minority holdings is large as compared with any other 
stock holding, the presumption arises that each one of these persons 
individually controls or has the power to control the concern; however, 
such presumption may be rebutted by a showing that such control or power 
to control, in fact, does not exist.
    (5) Affiliation arising under stock options, convertible debentures, 
and agreements to merge. Stock options, convertible debentures, and 
agreements to merge (including agreements in principle) are generally 
considered to have a present effect on the power to control the concern. 
Therefore, in making a size determination, such options, debentures, and 
agreements will generally be treated as though the rights held 
thereunder had been exercised. However, neither an affiliate nor an 
applicant can use such options and debentures to appear to terminate its 
control over another concern before it actually does so.

    Example 1 for paragraph (d)(5). If company B holds an option to 
purchase a controlling interest in company A, who holds a controlling 
interest in a paging geographic area authorization application, the 
situation is treated as though company B had exercised its rights and 
had become owner of a controlling interest in company A. The gross 
revenues of company B must be taken into account in determining the size 
of the applicant.
    Example 2 for paragraph (d)(5). If a large company, BigCo, holds 70% 
(70 of 100 outstanding shares) of the voting stock of company A, who 
holds a controlling interest in a paging geographic area authorization 
application, and

[[Page 125]]

gives a third party, SmallCo, an option to purchase 50 of the 70 shares 
owned by BigCo, BigCo will be deemed to be an affiliate of company A, 
and thus the applicant, until SmallCo actually exercises its options to 
purchase such shares. In order to prevent BigCo from circumventing the 
intent of the rule which requires such options to be considered on a 
fully diluted basis, the option is not considered to have present effect 
in this case.
    Example 3 for paragraph (d)(5). If company A has entered into an 
agreement to merge with company B in the future, the situation is 
treated as though the merger has taken place.

    (6) Affiliation under voting trusts. (i) Stock interests held in 
trust shall be deemed controlled by any person who holds or shares the 
power to vote such stock, to any person who has the sole power to sell 
such stock, and to any person who has the right to revoke the trust at 
will or to replace the trustee at will.
    (ii) If a trustee has a familial, personal or extra-trust business 
relationship to the grantor or the beneficiary, the stock interests held 
in trust will be deemed controlled by the grantor or beneficiary, as 
appropriate.
    (iii) If the primary purpose of a voting trust, or similar 
agreement, is to separate voting power from beneficial ownership of 
voting stock for the purpose of shifting control of or the power to 
control a concern in order that such concern or another concern may meet 
the Commission's size standards, such voting trust shall not be 
considered valid for this purpose regardless of whether it is or is not 
recognized within the appropriate jurisdiction.
    (7) Affiliation through common management. Affiliation generally 
arises where officers, directors, or key employees serve as the majority 
or otherwise as the controlling element of the board of directors and/or 
the management of another entity.
    (8) Affiliation through common facilities. Affiliation generally 
arises where one concern shares office space and/or employees and/or 
other facilities with another concern, particularly where such concerns 
are in the same or related industry or field of operations, or where 
such concerns were formerly affiliated, and through these sharing 
arrangements one concern has control, or potential control, of the other 
concern.
    (9) Affiliation through contractual relationships. Affiliation 
generally arises where one concern is dependent upon another concern for 
contracts and business to such a degree that one concern has control, or 
potential control, of the other concern.
    (10) Affiliation under joint venture arrangements. (i) A joint 
venture for size determination purposes is an association of concerns 
and/or individuals, with interests in any degree or proportion, formed 
by contract, express or implied, to engage in and carry out a single, 
specific business venture for joint profit for which purpose they 
combine their efforts, property, money, skill and knowledge, but not on 
a continuing or permanent basis for conducting business generally. The 
determination whether an entity is a joint venture is based upon the 
facts of the business operation, regardless of how the business 
operation may be designated by the parties involved. An agreement to 
share profits/losses proportionate to each party's contribution to the 
business operation is a significant factor in determining whether the 
business operation is a joint venture.
    (ii) The parties to a joint venture are considered to be affiliated 
with each other.



Sec. 22.225  Certifications, disclosures, records maintenance and audits.

    (a) Short-form applications: certifications and disclosure. In 
addition to certifications and disclosures required by part 1, subpart 
Q, of this chapter, each applicant for a paging license which qualifies 
as a small business or consortium of small businesses shall append the 
following information as an exhibit to its FCC Form 175:
    (1) The identity of the applicant's controlling principals and 
affiliates, and, if a consortium of small businesses, the members in the 
joint venture; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 22.223.
    (b) Long form applications: certifications and disclosure. Each 
applicant submitting a long-form application for a paging geographic 
area authorization

[[Page 126]]

and qualifying as a small business shall, in an exhibit to its long-form 
application:
    (1) Disclose separately and in the aggregate the gross revenues, 
computed in accordance with Sec. 22.223, for each of the following: the 
applicant, the applicant's affiliates, the applicant's controlling 
principals, and, if a consortium of small businesses, the members of the 
joint venture;
    (2) List and summarize all agreements or other instruments (with 
appropriate references to specific provisions in the text of such 
agreements and instruments) that support the applicant's eligibility as 
a small business under Secs. 22.217 through 22.223, including the 
establishment of de facto and de jure control; such agreements and 
instruments include, but are not limited to, articles of incorporation 
and bylaws, shareholder agreements, voting or other trust agreements, 
franchise agreements, and any other relevant agreements, including 
letters of intent, oral or written; and
    (3) List and summarize any investor protection agreements, including 
rights of first refusal, supermajority clauses, options, veto rights, 
and rights to hire and fire employees and to appoint members to boards 
of directors or management committees.
    (c) Records maintenance. All winning bidders qualifying as small 
businesses shall maintain at their principal place of business an 
updated file of ownership, revenue, and asset information, including any 
documents necessary to establish eligibility as a small business and/or 
consortium of small businesses under Sec. 22.223. Licensees (and their 
successors-in-interest) shall maintain such files for the term of the 
license. Applicants that do not obtain the license(s) for which they 
applied shall maintain such files until the grant of such license(s) is 
final, or one year from the date of the filing of their short-form 
application (FCC Form 175), whichever is earlier.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
small business or consortium of small businesses under Secs. 22.217 
through 22.223 shall be subject to audits by the Commission. Selection 
for audit may be random, on information, or on the basis of other 
factors.
    (2) Consent to such audits is part of the certification included in 
the short-form application (FCC Form 175). Such consent shall include 
consent to the audit of the applicant's or licensee's books, documents 
and other material (including accounting procedures and practices) 
regardless of form or type, sufficient to confirm that such applicant's 
or licensee's representations are, and remain, accurate. Such consent 
shall include inspection at all reasonable times of the facilities, or 
parts thereof, engaged in providing and transacting business, or keeping 
records regarding licensed paging service and shall also include consent 
to the interview of principals, employees, customers and suppliers of 
the applicant or licensee.
    (e) Definitions. The terms affiliate, small business, consortium of 
small businesses, and gross revenues, used in this section are defined 
in Sec. 22.223.



Sec. 22.227  Petitions to deny and limitations on settlements.

    (a) Procedures regarding petitions to deny long-form applications in 
the paging service will be governed by Secs. 1.2108(b) through 1.2108(d) 
of this chapter, Sec. 22.130, and Sec. 90.163.
    (b) The consideration that an individual or an entity will be 
permitted to receive for agreeing to withdraw an application or a 
petition to deny will be limited by the provisions set forth in 
Sec. 22.129, Sec. 90.162, and Sec. 1.2105(c) of this chapter.



            Subpart C--Operational and Technical Requirements

                        Operational Requirements



Sec. 22.301  Station inspection.

    Upon reasonable request, the licensee of any station authorized in 
the Public Mobile Services must make the station and station records 
available for inspection by authorized representatives of the Commission 
at any reasonable hour.

[59 FR 59955, Nov. 21, 1994]

[[Page 127]]



Sec. 22.303  Retention of station authorizations; identifying transmitters.

    The current authorization for each station, together with current 
administrative and technical information concerning modifications to 
facilities pursuant to Sec. 22.163 and added facilities pursuant to 
Sec. 22.165 must be retained as a permanent part of the station records. 
A clearly legible photocopy of the authorization must be available at 
each regularly attended control point of the station, or in lieu of this 
photocopy, licensees may instead make available at each regularly 
attended control point the address or location where the licensee's 
current authorization and other records may be found. The station call 
sign must be clearly and legibly marked on or near every transmitting 
facility, other than mobile transmitters, of the station.



Sec. 22.305  Operator and maintenance requirements.

    FCC operator permits and licenses are not required to operate, 
repair or maintain equipment authorized in the Public Mobile Services. 
Station licensees are responsible for the proper operation and 
maintenance of their stations, and for compliance with FCC rules.



Sec. 22.307  Operation during emergency.

    Licensees of stations in the Public Mobile services may, during a 
period of emergency in which normal communications facilities are 
disrupted as a result of hurricane, flood, earthquake or other natural 
disaster, civil unrest, widespread vandalism, national emergencies or 
emergencies declared by Executive Order of the President, use their 
stations to temporarily provide emergency communications services in a 
manner or configuration not normally allowed by this part, provided that 
such operations comply with the provisions of this section.
    (a) Technical limitations. Public Mobile stations providing 
temporary emergency communications service must not transmit:
    (1) On channels other than those authorized for normal operations.
    (2) With power in excess of that authorized for normal operations;
    (3) Emission types other than those authorized for normal 
operations.
    (b) Discontinuance. Temporary emergency use of Public Mobile 
stations must be discontinued as soon as normal communication facilities 
are restored. The FCC may, at any time, order the discontinuance of any 
such emergency communication services.



Sec. 22.313  Station identification.

    The licensee of each station in the Public Mobile Services must 
ensure that the transmissions of that station are identified in 
accordance with the requirements of this section.
    (a) Station identification is not required for transmission by:
    (1) Stations in the Cellular Radiotelephone Service;
    (2) General aviation ground stations in the Air-ground 
Radiotelephone Service;
    (3) Rural subscriber stations using meteor burst propagation mode 
communications in the Rural Radiotelephone Service;
    (4) Stations using Basic Exchange Telephone Radio Systems in the 
Rural Radiotelephone Service;
    (5) Nationwide network paging stations operating on 931 MHz 
channels; or,
    (6) Stations operating pursuant to paging geographic area 
authorizations.
    (b) For all other stations in the Public Mobile Services, station 
identification must be transmitted each hour within five minutes of the 
hour, or upon completion of the first transmission after the hour. 
Transmission of station identification may be temporarily delayed to 
avoid interrupting the continuity of any public communication in 
progress, provided that station identification is transmitted at the 
conclusion of that public communication.
    (c) Station identification must be transmitted by telephony using 
the English language or by telegraphy using the international Morse 
code, and in a form that can be received using equipment appropriate for 
the modulation type employed, and understood without the use of 
unscrambling devices, except that, alternatively, station identification 
may be transmitted digitally, provided that the licensee

[[Page 128]]

provides the Commission with information sufficient to decode the 
digital transmission to ascertain the call sign. Station identification 
comprises transmission of the call sign assigned by the Commission to 
the station, however, the following may be used in lieu of the call 
sign.
    (1) For transmission from subscriber operated transmitters, the 
telephone number or other designation assigned by the carrier, provided 
that a written record of such designations is maintained by the carrier;
    (2) For general aviation airborne mobile stations in the Air-Ground 
Radiotelephone Service, the official FAA registration number of the 
aircraft;
    (3) For stations in the Paging and Radiotelephone Service, a call 
sign assigned to another station within the same system.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994; 
62 FR 11633, Mar. 12, 1997]



Sec. 22.315  Duty to respond to official communications.

    Licensees in the Public Mobile services must respond to official 
communications from the FCC with reasonable dispatch and according to 
the tenor of the communication. Failure to do so may be considered by 
the FCC to reflect adversely on a carrier's qualifications to hold FCC 
authorizations, and may also create liabilities for other sanctions.
    (a) Any person receiving official notice of an apparent or actual 
violation of a federal statute, international agreement, Executive 
Order, or regulation pertaining to communications shall respond in 
writing within 10 days to the office of the FCC originating the notice. 
If a response can not be sent within 10 days, an acknowledgement shall 
be sent, followed by a response as soon as possible explaining the 
reason for the delay.
    (b) Responses to official communications must be complete and self-
contained without reference to other communications unless copies of 
such other communications are attached to the response.



Sec. 22.317  Discontinuance of station operation.

    If the operation of a Public Mobile Services station is permanently 
discontinued, the licensee shall send the authorization for cancellation 
to: Commercial Wireless Division, Wireless Telecommunications Bureau, 
Federal Communications Commission, Washington DC 20554. For purposes of 
this section, any station that has not provided service to subscribers 
for 90 continuous days is considered to have been permanently 
discontinued, unless the applicant notified the FCC otherwise prior to 
the end of the 90 day period and provided a date on which operation will 
resume, which date must not be in excess of 30 additional days.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]



Sec. 22.321  Equal employment opportunities.

    Public Mobile Services licensees shall afford equal opportunity in 
employment to all qualified persons, and personnel must not be 
discriminated against in employment because of sex, race, color, 
religion, or national origin.
    (a) Equal employment opportunity program. Each licensee shall 
establish, maintain, and carry out a positive continuing program of 
specific practices designed to assure equal opportunity in every aspect 
of employment policy and practice.
    (1) Under the terms of its program, each licensee shall:
    (i) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (ii) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (iii) Communicate its equal employment opportunity policy and 
program and its employment needs to sources of qualified applicants 
without regard to sex, race, color, religion or national origin, and 
solicit their recruitment assistance on a continuing basis.

[[Page 129]]

    (iv) Conduct a continuing campaign to exclude every form of 
prejudice or discrimination based upon sex, race, color, religion, or 
national origin, from the licensee's personnel policies and practices 
and working conditions.
    (v) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to ensure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (2) The program must reasonably address specific concerns through 
policies and actions as set forth in this paragraph, to the extent that 
they are appropriate in consideration of licensee size, location and 
other factors.
    (i) To assure nondiscrimination in recruiting. (A) Posting notices 
in the licensee's offices informing applicants for employment of their 
equal employment rights and their right to notify the Equal Employment 
Opportunity Commission (EEOC), the Federal Communications Commission 
(FCC), or other appropriate agency. Where a substantial number of 
applicants are Spanish-surnamed Americans, such notice should be posted 
in both Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion or national origin is prohibited, and that they 
may notify the EEOC, the FCC or other appropriate agency if they believe 
they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority groups in the recruiting area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders and spokespersons to encourage referral 
of qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring. (A) 
Instructing employees of the licensee who make hiring decisions that all 
applicants for all jobs are to be considered without discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotion. (A) 
Instructing employees of the licensee who make decisions on placement 
and promotion that minority employees and females are to be considered 
without discrimination, and that job areas in which there is little or 
no minority or female representation should be reviewed to determine 
whether this results from discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not

[[Page 130]]

discriminate against qualified minority groups or female employees.
    (b) EEO statement. Each licensee having 16 or more full-time 
employees shall file with the FCC, no later than May 31st following the 
grant of that licensee's first Public Mobile Services authorization, a 
statement describing fully its current equal employment opportunity 
program, indicating specific practices to be followed in order to assure 
equal employment opportunity on the basis of sex, race, color, religion 
or national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions, demotion, layoff and termination. Any licensee having 16 or 
more full-time employees that changes its existing equal employment 
opportunity program shall file with the FCC, no later than May 31st 
thereafter, a revised statement reflecting the change(s).

    Note to paragraph (b) of Sec. 22.321: Licensees having 16 or more 
full-time employees that were granted their first Public Mobile Services 
authorization prior to January 1, 1995, and do not have a current EEO 
statement on file with the FCC, must file such statement, required by 
paragraph (b) of this section, no later than May 31, 1995.

    (c) Report of complaints filed against licensees. Each licensee, 
regardless of how many employees it has, shall submit an annual report 
to the FCC no later than May 31st of each year indicating whether any 
complaints regarding violations by the licensee or equal employment 
provisions of Federal, State, Territorial, or local law have been filed 
before anybody having competent jurisdiction.
    (1) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (2) Any licensee who has filed such information with the EEOC may 
file a notification of such filing with the FCC in lieu of a report.
    (d) Complaints of violations of Equal Employment Programs. 
Complaints alleging employment discrimination against a common carrier 
licensee are considered by the FCC in the following manner:
    (1) If a complaint raising an issue of discrimination is received 
against a licensee who is within the jurisdiction of the EEOC, it is 
submitted to that agency. The FCC maintains a liaison with that agency 
that keeps the FCC informed of the disposition of complaints filed 
against common carrier licensees.
    (2) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC 
but is covered by appropriate enforceable State law, to which penalties 
apply, may be submitted by the FCC to the respective State agency.
    (3) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC or 
an appropriate State law, are accorded appropriate treatment by the FCC.
    (4) The FCC will consult with the EEOC on all matters relating to 
the evaluation and determination of compliance by the common carrier 
licensees with the principles of equal employment as set forth herein.
    (5) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee that is 
required to file an employment report to the FCC under Sec. 1.815(a) of 
this chapter are investigated by the FCC.
    (e) FCC records. A copy of every annual employment report, equal 
employment opportunity program statement, reports on complaints 
regarding violation of equal employment provisions of Federal, State, 
Territorial, or local law, and copies of all exhibits, letters, and 
other documents filed as part thereof, all amendments thereto, all 
correspondence between the licensee and the FCC pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the FCC.
    (f) Licensee records. Each licensee required to file annual 
employment reports (pursuant to Sec. 1.815(a) of this chapter), equal 
employment opportunity program statements, and annual reports on 
complaints regarding violations of equal employment provisions

[[Page 131]]

of Federal, State, Territorial, or local law shall maintain for public 
inspection a file containing a copy of each such report and copies of 
all exhibits, letters, and other documents filed as part thereto, all 
correspondence between the licensee and the FCC pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference. The documents must be retained for a period of 2 
years.



Sec. 22.323  Incidental communication services.

    Carriers authorized to operate stations in the Public Mobile radio 
services may use these stations to provide other communications services 
incidental to the primary public mobile service for which the 
authorizations were issued, provided that:
    (a) The costs and charges of subscribers who do not wish to use 
incidental services are not increased as a result of provision of 
incidental services to other subscribers;
    (b) The quality of the primary public mobile service does not 
materially deteriorate as a result of provision of incidental services, 
and neither growth nor availability of the primary public mobile service 
is significantly diminished as a result of provision of incidental 
services;
    (c) The provision of the incidental services is not inconsistent 
with the Communications Act of 1934, as amended, or with FCC rules and 
policies; and
    (d) The licensee notifies the FCC by letter before providing the 
incidental services. This notification must include a complete 
description of the incidental services.



Sec. 22.325  Control points.

    Each station in the Public Mobile Services must have at least one 
control point and a person on duty who is responsible for station 
operation. This section does not require that the person on duty be at 
the control point or continuously monitor all transmissions of the 
station. However, the control point must have facilities that enable the 
person on duty to turn off the transmitters in the event of a 
malfunction.

                         Technical Requirements



Sec. 22.351  Channel assignment policy.

    The channels allocated for use in the Public Mobile Services are 
listed in the applicable subparts of this part. Channels and channel 
blocks are assigned in such a manner as to facilitate the rendition of 
service on an interference-free basis in each service area. Except as 
otherwise provided in this part, each channel or channel block is 
assigned exclusively to one common carrier in each service area. All 
applicants for, and licensees of, stations in the Public Mobile Services 
shall cooperate in the selection and use of channels in order to 
minimize interference and obtain the most efficient use of the allocated 
spectrum.



Sec. 22.352  Protection from interference.

    Public Mobile Service stations operating in accordance with FCC 
rules that provide technical channel assignment criteria for the radio 
service and channels involved, all other applicable FCC rules, and the 
terms and conditions of their authorizations are normally considered to 
be non-interfering. If the FCC determines, however, that interference 
that significantly interrupts or degrades a radio service is being 
caused, it may, in accordance with the provisions of sections 303(f) and 
316 of the Communications Act of 1934, as amended, (47 U.S.C. 303(f), 
316), require modifications to any Public Mobile station as necessary to 
eliminate such interference.
    (a) Failure to operate as authorized. Any licensee causing 
interference to the service of other stations by failing to operate its 
station in full accordance with its authorization and applicable FCC 
rules shall discontinue all transmissions, except those necessary for 
the immediate safety of life or property, until it can bring its station 
into full compliance with the authorization and rules.
    (b) Intermodulation interference. Licensees should attempt to 
resolve such interference by technical means.
    (c) Situations in which no protection is afforded. Except as 
provided elsewhere in this part, no protection from interference is 
afforded in the following situations:

[[Page 132]]

    (1) Interference to base receivers from base or fixed transmitters. 
Licensees should attempt to resolve such interference by technical means 
or operating arrangements.
    (2) Inteference to mobile receivers from mobile transmitters. No 
protection is provided against mobile-to-mobile interference.
    (3) Interference to base receivers from mobile transmitters. No 
protection is provided against mobile-to-base interference.
    (4) Interference to fixed stations. Licensees should attempt to 
resolve such interference by technical means or operating arrangements.
    (5) Anomalous or infrequent propagation modes. No protection is 
provided against interference caused by tropospheric and ionospheric 
propagation of signals.
    (6) Facilities for which the FCC not notified. No protection is 
provided against interference to the service of any additional or 
modified transmitter operating pursuant to Sec. 22.163 or Sec. 22.165, 
unless and until the licensee notifies the FCC (FCC Form 489) of the 
additional or modified transmitter.
    (7) In-building radiation systems. No protection is provided against 
interference to the service of in-building radiation systems (see 
Sec. 22.383).

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997]



Sec. 22.353  Blanketing interference.

    Licensees of Public Mobile Services stations are responsible for 
resolving cases of blanketing interference in accordance with the 
provisions of this section.
    (a) Except as provided in paragraph (c) of this section, licensees 
must resolve any cases of blanketing interference in their area of 
responsibility caused by operation of their transmitter(s) during a one-
year period following commencement of service from new or modified 
transmitter(s). Interference must be resolved promptly at no cost to the 
complainant.
    (b) The area of responsibility is that area in the immediate 
vicinity of the transmitting antenna of stations where the field 
strength of the electromagnetic radiation from such stations equals or 
exceeds 115 dBV/m. To determine the radial distance to the 
boundary of this area, the following formula must be used:
[GRAPHIC] [TIFF OMITTED] TR17NO94.007

where d is the radial distance to the boundary, in kilometers
p is the radial effective radiated power, in kilowatts

The maximum effective radiated power in the pertinent direction, without 
consideration of the antenna's vertical radiation pattern or height, 
must be used in the formula.

    (c) Licensees are not required to resolve blanketing interference to 
mobile receivers or non-RF devices or blanketing interference occurring 
as a result of malfunctioning or mistuned receivers, improperly 
installed consumer antenna systems, or the use of high gain antennas or 
antenna booster amplifiers by consumers.
    (d) Licensees that install transmitting antennas at a location where 
there are already one or more transmitting antennas are responsible for 
resolving any new cases of blanketing interference in accordance with 
this section.
    (e) Two or more licensees that concurrently install transmitting 
antennas at the same location are jointly responsible for resolving 
blanketing interference cases, unless the FCC can readily determine 
which station is causing the interference, in which case the licensee of 
that station is held fully responsible.
    (f) After the one year period of responsibility to resolve 
blanketing interference, licensees must provide upon request technical 
information to complainants on remedies for blanketing interference.



Sec. 22.355  Frequency tolerance.

    Except as otherwise provided in this part, the carrier frequency of 
each transmitter in the Public Mobile Services must be maintained within 
the tolerances given in Table C-1 of this section.

[[Page 133]]



  Table C-1.--Frequency Tolerance for Transmitters in the Public Mobile
                                Services
------------------------------------------------------------------------
                                                  Mobile 3
      Frequency range (MHz)        Base, fixed  watts (ppm)  Mobile  <=3
                                      (ppm)                  watts (ppm)
------------------------------------------------------------------------
25 to 50.........................         20.0         20.0         50.0
50 to 450........................          5.0          5.0         50.0
450 to 512.......................          2.5          5.0          5.0
821 to 896.......................          1.5          2.5          2.5
928 to 929.......................          5.0          n/a          n/a
929 to 960.......................          1.5          n/a          n/a
2110 to 2220.....................         10.0          n/a          n/a
------------------------------------------------------------------------


[61 FR 54099, Oct. 17, 1996]



Sec. 22.357  Emission types.

    Any authorized station in the Public Mobile Services may transmit 
any emission type provided that the resulting emission complies with the 
appropriate emission mask. See Secs. 22.359, 22.861 and 22.917.

[61 FR 54099, Oct. 17, 1996]



Sec. 22.359  Emission masks.

    Unless otherwise indicated in the rules governing a specific radio 
service, all transmitters intended for use in the Public Mobile Services 
must be designed to comply with the emission masks outlined in this 
section. If an emission outside of the authorized bandwidth causes 
harmful interference, the FCC may, at its discretion, require greater 
attenuation than specified in this section.
    (a) Analog modulation. For transmitters other than those employing 
digital modulation techniques, the mean or peak envelope power of 
adjacent channel emissions must be attenuated below the output mean or 
peak envelope power of the total emission (P, in Watts) in accordance 
with the following schedule:
    (1) On any frequency removed from the center frequency of the 
assigned channel by more than 50 percent up to and including 100 percent 
of the authorized bandwidth:

at least 25 dB:

    (2) On any frequency removed from the center frequency of the 
assigned channel by more than 100 percent up to and including 250 
percent of the authorized bandwidth:

at least 35 dB:

    (3) On any frequency removed from the center frequency of the 
assigned channel by more than 250 percent of the authorized bandwidth:

at least 43 + 10 log P dB, or 80 dB, whichever is the lesser 
attenuation.

    (b) Digital modulation. For transmitters not equipped with an audio 
low pass filter and for transmitters employing digital modulation 
techniques, the mean or peak envelope power of sideband emissions must 
be attenuated below the mean or peak envelope power of the total 
emission (P, in Watts) in accordance with the following schedule:
    (1) For transmitters that operate in the frequency ranges 35 to 44 
MHz, 72 to 73 MHz, 75.4 to 76.0 MHz and 152 to 159 MHz,
    (i) On any frequency removed from the center frequency of the 
assigned channel by a displacement frequency fd (in kHz) of 
more than 5 kHz but not more than 10 kHz:

at least 83 log (fd5) dB;

    (ii) On any frequency removed from the center frequency of the 
assigned channel by a displacement frequency fd (in kHz) of 
more than 10 kHz but not more than 250 percent of the authorized 
bandwidth:

at least 29 log fd211) dB or 50 dB, whichever is the 
lesser attenuation;

    (iii) On any frequency removed from the center frequency of the 
assigned channel by more than 250 percent of the authorized bandwidth:

at least 43 + 10 log P dB, or 80 dB, whichever is the lesser 
attenuation.

    (2) For transmitters that operate in the frequency ranges 450 to 512 
MHz and 929 to 932 MHz,
    (i) On any frequency removed from the center frequency of the 
assigned channel by a displacement frequency fd (in kHz) of 
more than 5 kHz but not more than 10 kHz:


at least 83 log (fd5) dB;

    (ii) On any frequency removed from the center frequency of the 
assigned channel by a displacement frequency fd (in kHz) of 
more than 10 kHz but not more than 250 percent of the authorized 
bandwidth:

[[Page 134]]


at least 116 log (fd6.1) dB, or 50 + 10 log P dB, or 
70 dB, whichever is the lesser attenuation;

    (iii) On any frequency removed from the center frequency of the 
assigned channel by more than 250 percent of the authorized bandwidth:

at least 43 + 10 log P dB, or 80 dB, whichever is the lesser 
attenuation.

    (c) Measurement procedure. Either peak or average power may be used, 
provided that the same technique is used for both the adjacent channel 
or sideband emissions and the total emission. The resolution bandwidth 
of the measuring instrument must be set to 300 Hz for measurements on 
any frequency removed from the center frequency of the assigned channel 
by no more than 250 percent of the authorized bandwidth and 30 kHz for 
measurements on any frequency removed from the center frequency of the 
assigned channel by more than 250 percent of the authorized bandwidth.



Sec. 22.361  Standby facilities.

    Licensees of stations in the Public Mobile Services may install 
standby transmitters for the purpose of continuing service in the event 
of failure or during required maintenance of regular transmitters 
without obtaining separate authorization, provided that operation of the 
standby transmitters would not increase the service areas or 
interference potential of the stations, and that such standby 
transmitters use the same antenna as the regular transmitters they 
temporarily replace.

       Table C-2.--Technical Requirements for Directional Antennas
------------------------------------------------------------------------
                                                 Maximum
               Frequency range                  beamwidth    Suppression
------------------------------------------------------------------------
35 to 512 MHz                                      80 deg.         10 dB
------------------------------------------------------------------------
512 to 1500 MHz                                    20 deg.         13 dB
------------------------------------------------------------------------
1500 to 2500 MHz                                   12 deg.         13 dB
------------------------------------------------------------------------


[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]



Sec. 22.363  Directional antennas.

    Fixed transmitters for point-to-point operation must use a 
directional transmitting antenna with the major lobe of radiation in the 
horizontal plane directed toward the receiving antenna or passive 
reflector of the station for which the transmissions are intended. 
Directional antennas used in the Public Mobile Services must meet the 
technical requirements given in Table C-2 to Sec. 22.361.
    (a) Maximum beamwidth is for the major lobe at the half power 
points.
    (b) Suppression is the minimum attenuation for any secondary lobe 
referenced to the main lobe.
    (c) An omnidirectional antenna may be used for fixed transmitters 
where there are two or more receive locations at different azimuths.



Sec. 22.365  Antenna structures; air navigation safety.

    Licensees that own their antenna structures must not allow these 
antenna structures to become a hazard to air navigation. In general, 
antenna structure owners are responsible for registering antenna 
structures with the FCC if required by part 17 of this chapter, and for 
installing and maintaining any required marking and lighting. However, 
in the event of default of this responsibility by an antenna structure 
owner, each FCC permittee or licensee authorized to use an affected 
antenna structure will be held responsible by the FCC for ensuring that 
the antenna structure continues to meet the requirements of part 17 of 
this chapter. See Sec. 17.6 of this chapter.
    (a) Marking and lighting. Antenna structures must be marked, lighted 
and maintained in accordance with Part 17 of this chapter and all 
applicable rules and requirements of the Federal Aviation 
Administration.
    (b) Maintenance contracts. Antenna structure owners (or licensees 
and permittees, in the event of default by an antenna structure owner) 
may enter into contracts with other entities to monitor and carry out 
necessary maintenance of antenna structures. Antenna structure owners 
(or licensees and permittees, in the event of default by an antenna 
structure owner) that make such contractual arrangements continue to be 
responsible for the maintenance of antenna structures in regard to air 
navigation safety.

[61 FR 4365, Feb. 6, 1996]

[[Page 135]]



Sec. 22.367  Wave polarization.

    Public mobile station antennas must be of the correct type and 
properly installed such that the electromagnetic emissions have the 
polarization required by this section.
    (a) Vertical. Waves radiated by the following must be vertically 
polarized:
    (1) Base, mobile, dispatch, and auxiliary test transmitters in the 
Paging and Radiotelephone Service;
    (2) Transmitters in the Offshore Radiotelephone Service;
    (3) Transmitters on channels in the 72-76 MHz frequency range;
    (4) Base, mobile and auxiliary test transmitters in the Cellular 
Radiotelephone Service;
    (5) Control and repeater transmitters on channels in the 900-960 MHz 
frequency range;
    (6) Rural subscriber stations communicating with base transmitters 
in the Paging and Radiotelephone Service pursuant to Sec. 22.563.
    (7) Ground and airborne mobile transmitters in the Air-ground 
Radiotelephone Service.
    (b) Horizontal. Waves radiated by transmitters in the Public Mobile 
Services, other than transmitters required by paragraph (a) of this 
section to radiate a vertically polarized wave must be horizontally 
polarized, except as otherwise provided in paragraphs (c) and (d) of 
this section.
    (c) Circular. If communications efficiency would be improved and/or 
interference reduced, the FCC may authorize transmitters other than 
those listed in paragraphs (a)(1) through (a)(7) of this section to 
radiate a circularly polarized wave.
    (d) Any polarization. Public Land Mobile stations transmitting on 
channels higher than 960 MHz are not limited as to wave polarization.



Sec. 22.369  Quiet zones and Arecibo Coordination Zone.

    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 interference. 
The areas involved and procedures required are as follows:
    (a) NRAO, NRRO. The requirements of this paragraph are intended to 
minimize possible interference at the National Radio Astronomy 
Observatory site located at Green Bank, Pocahontas County, West 
Virginia, and at the Naval Radio Research Observatory site at Sugar 
Grove, Pendleton County, West Virginia.
    (1) Carriers planning to construct and operate a new or modified 
Public Mobile Services station at a permanent fixed location within the 
area bounded by N.39 deg.15prime; on the north, W.78 deg.30prime; on the 
east, N.37 deg.30prime; on the south, and W.80 deg.30prime; on the west 
must notify the Director, National Radio Astronomy Observatory, Post 
Office Box No. 2, Green Bank, West Virginia 24944, in writing, of the 
technical details of the proposed operation. The notification must 
include the geographical coordinates of the antenna location, the 
antenna height, antenna directivity (if any), the channel, the emission 
type and power.
    (2) When an application for authority to operate a station is filed 
with the FCC, the notification required in paragraph (a)(1) of this 
section should be sent at the same time. The application must state the 
date that notification in accordance with paragraph (a)(1) of this 
section was made. After receipt of such applications, the FCC will allow 
a period of 20 days for comments or objections in response to the 
notifications indicated.
    (3) If an objection 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 FCC will, after consideration of 
the record, take whatever action is deemed appropriate.
    (b) Table Mountain. The requirements of this paragraph are intended 
to minimize possible interference at the Table Mountain Radio Receiving 
Zone of the Research Laboratories of the Department of Commerce located 
in Boulder County, Colorado.
    (1) Carriers planning to construct and operate a new or modified 
Public Mobile Services station at a permanent fixed location in the 
vicinity of Boulder County, Colorado are advised to give consideration, 
prior to filing applications, to the need to protect the Table Mountain 
Radio Receiving Zone

[[Page 136]]

from interference. 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 deg.07prime;50Prime; North Latitude, 105 deg.14prime;40Prime; West 
Longitude) resulting from new assignments (other than mobile stations) 
or from the modification or relocation of existing facilities do not 
exceed the values given in Table C-3 of this section.

          Table C-3.--Field Strength Limits for Table Mountain
------------------------------------------------------------------------
       Frequency range           Field strength      Power flux density
------------------------------------------------------------------------
1.6 to 470 MHz..............  10 mV/m.............  -65.8 dBW/m2
470 to 890 MHz..............  30 mV/m.............  -56.2 dBW/m2
890 to 3000 MHz.............  1 mV/m..............  -85.8 dBW/m2
------------------------------------------------------------------------
Note: Equivalent values of power flux density are calculated assuming
  free space characteristic impedance of 376.7  (120).

    (2) Advance consultation is recommended, particularly for applicants 
that have no reliable data to indicate whether the field strength or 
power flux density figures in the above table would be exceeded by their 
proposed radio facilities. In general, coordination is recommended for:
    (i) Stations located within 2.4 kilometers (1.5 miles);
    (ii) Stations located within 4.8 kilometers (3 miles) transmitting 
with 50 watts or more effective radiated power (ERP) in the primary 
plane of polarization in the azimuthal direction of the Table Mountain 
Radio Receiving Zone;
    (iii) Stations located with 16 kilometers (10 miles) transmitting 
with 1 kW or more ERP in the primary plane of polarization in the 
azimuthal direction of Table Mountain Radio Receiving Zone;
    (iv) Stations located within 80 kilometers (50 miles) transmitting 
with 25 kW or more ERP in the primary plane of polarization in the 
azimuthal direction of Table Mountain Receiving Zone.
    (3) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services NOAAR/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the FCC.
    (4) The FCC will not screen applications to determine whether 
advance consultation has taken place. However, such consultation may 
avoid the filing of objections from the Department of Commerce or 
institution of proceedings to modify the authorizations of stations that 
radiate signals with a field strength or power flux density at the site 
in excess of those specified herein.
    (c) Federal Communications Commission protected field offices. The 
requirements of this paragraph are intended to minimize possible 
interference to FCC monitoring activities.
    (1) Carriers planning to construct and operate a new or modified 
Public Mobile Services station at a permanent fixed location in the 
vicinity of an FCC protected field office are advised to give 
consideration, prior to filing applications, to the need to avoid 
interfering with the monitoring activities of that office. FCC protected 
field offices are listed in Sec. 0.121 of this chapter.
    (2) Applications for stations (except mobile stations) that could 
produce on any channel a direct wave fundamental field strength of 
greater than 10 mV/m (-65.8 dBW/m\2\ power flux density assuming a free 
space characteristic impedance of 120 ) in the 
authorized bandwidth at the protected field office may be examined to 
determine the potential for interference with monitoring activities. 
After consideration of the effects of the predicted field strength of 
the proposed station, including the cumulative effects of the signal 
from the proposed station with other ambient radio field strength levels 
at the protected field office, the FCC may add a condition restricting 
radiation toward the protected field office to the station 
authorization.

[[Page 137]]

    (3) In the event that the calculated field strength exceeds 10 mV/m 
at the protected field office site, or if there is any question whether 
field strength levels might exceed that level, advance consultation with 
the FCC to discuss possible measures to avoid interference to monitoring 
activities should be considered. Prospective applicants may communicate 
with: Chief, Compliance and Information Bureau, Federal Communications 
Commission, Washington, DC 20554.
    (4) Advance consultation is recommended for applicants that have no 
reliable data to indicate whether the field strength or power flux 
density figure indicated would be exceeded by their proposed radio 
facilities. In general, coordination is recommended for:
    (i) Stations located within 2.4 kilometers (1.5 miles);
    (ii) Stations located within 4.8 kilometers (3 miles) with 50 watts 
or more average effective radiated power (ERP) in the primary plane of 
polarization in the azimuthal direction of the protected field offices.
    (iii) Stations located within 16 kilometers (10 miles) with 1 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the protected field office;
    (iv) Stations located within 80 kilometers (50 miles) with 25 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the protected field office;
    (5) Advance coordination for stations transmitting on channels above 
1000 MHz is recommended only if the proposed station is in the vicinity 
of a protected field office designated as a satellite monitoring 
facility in Sec. 0.121 of this chapter.
    (6) The FCC will not screen applications to determine whether 
advance consultation has taken place. However, such consultation may 
serve to avoid the need for later modification of the authorizations of 
stations that interfere with monitoring activities at protected field 
offices.
    (d) Arecibo, Puerto Rico. The requirements of this paragraph are 
intended to minimize possible interference at the Arecibo Observatory in 
Puerto Rico. Licensees must make reasonable efforts to protect the 
Observatory from interference.
    (1) Carriers planning to construct and operate a new Public Mobile 
Services station at a permanent fixed location on the islands of Puerto 
Rico, Desecheo, Mona, Vieques or Culebra in services in which individual 
station licenses are issued by the FCC; planning to construct and 
operate a new Public Mobile Services station at a permanent fixed 
location on these islands that may cause interference to the operations 
of the Arecibo Observatory in services in which individual station 
licenses are not issued by the FCC; or planning a modification of any 
existing Public Mobile Services station at a permanent fixed location on 
these islands that would increase the likelihood of causing interference 
to the operations of the Arecibo Observatory must notify the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically (e-mail address: 
[email protected]), of the technical parameters of the planned operation. 
Carriers may wish to use the interference guidelines provided by Cornell 
University as guidance in designing facilities to avoid interference to 
the Observatory. The notification must include identification of the 
geographical coordinates of the antenna location (NAD-83 datum), the 
antenna height, antenna directivity (if any), proposed channel and FCC 
rule part, type of emission, and effective isotropic radiated power.
    (2) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (d)(1) of this section 
should be sent at the same time the application is filed with the FCC, 
and at least 20 days in advance of the applicant's planned operation. 
The application must state the date that notification in accordance with 
paragraph (d)(1) was made. In services in which individual station 
licenses are not issued by the FCC, the notification required in 
paragraph (d)(1) of this section should be sent at least 45 days in 
advance of the applicant's planned operation. In the latter services, 
the Interference Office must inform the FCC of a notification by an 
applicant within 20 days if the Office plans to file comments or 
objections to

[[Page 138]]

the notification. After the FCC receives an application from a service 
applicant or is informed by the Interference Office of a notification 
from a service applicant, the FCC will allow the Interference Office a 
period of 20 days for comments or objections in response to the 
application or notification.
    (3) If an objection to any planned service operation is received 
during the 20-day period from the Interference Office, the FCC will take 
whatever action is deemed appropriate.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 8477, Mar. 5, 1996; 61 
FR 54099, Oct. 17, 1996; 62 FR 55530, Oct. 27, 1997; 63 FR 41202, Aug. 
3, 1998]



Sec. 22.371  Disturbance of AM broadcast station antenna patterns.

    Public Mobile Service licensees that construct or modify towers in 
the immediate vicinity of AM broadcast stations are responsible for 
measures necessary to correct disturbance of the AM station antenna 
pattern which causes operation outside of the radiation parameters 
specified by the FCC for the AM station, if the disturbance occurred as 
a result of such construction or modification.
    (a) Non-directional AM stations. If tower construction or 
modification is planned within 1 kilometer (0.6 mile) of a non-
directional AM broadcast station tower, the Public Mobile Service 
licensee must notify the licensee of the AM broadcast station in advance 
of the planned construction or modification. Measurements must be made 
to determine whether the construction or modification affected the AM 
station antenna pattern. The Public Mobile Service licensee is 
responsible for the installation and continued maintenance of any 
detuning apparatus necessary to restore proper non-directional 
performance of the AM station tower.
    (b) Directional AM stations. If tower construction or modification 
is planned within 3 kilometers (1.9 miles) of a directional AM broadcast 
station array, the Public Mobile Service licensee must notify the 
licensee of the AM broadcast station in advance of the planned 
construction or modification. Measurements must be made to determine 
whether the construction or modification affected the AM station antenna 
pattern. The Public Mobile Service licensee is responsible for the 
installation and continued maintenance of any detuning apparatus 
necessary to restore proper performance of the AM station array.



Sec. 22.373  Access to transmitters.

    Unless otherwise provided in this part, the design and installation 
of transmitters in the Public Mobile Services must meet the requirements 
of this section.
    (a) Transmitters and control points, other than those used with in-
building radiation systems, must be installed such that they are readily 
accessible only to persons authorized by the licensee to operate or 
service them.
    (b) Transmitters must be designed and installed such that any 
adjustments or controls that could cause the transmitter to deviate from 
its authorized operating parameters are readily accessible only to 
persons authorized by the licensee to make such adjustments.
    (c) Transmitters (other than hand-carried or pack-carried mobile 
transmitters) and control points must be equipped with a means of 
indicating when the control circuitry has been put in a condition that 
should cause the transmitter to radiate.
    (d) Transmitters must be designed such that they can be turned off 
independently of any remote control circuits.
    (e) Transmitters used with in-building radiation systems must be 
installed such that, to the extent possible, they are readily accessible 
only to persons authorized by the licensee to access them.
    (f) Transmitters used with in-building radiation systems must be 
designed such that, in the event an unauthorized person does gain 
access, that person can not cause the transmitter to deviate from its 
authorized operating parameters in such a way as to cause interference 
to other stations.



Sec. 22.377  Certification of transmitters.

    Except as provided in paragraph (b) of this section, transmitters 
used in the Public Mobile Services, including

[[Page 139]]

those used with signal boosters, in-building radiation systems and 
cellular repeaters, must be certificated for use in the radio services 
regulated under this part. Transmitters must be certificated when the 
station is ready for service, not necessarily at the time of filing an 
application.
    (a) The FCC may list as certificated only transmitters that are 
capable of meeting all technical requirements of the rules governing the 
service in which they will operate. The procedure for obtaining 
certification is set forth in part 2 of this chapter.
    (b) Transmitters operating under a developmental authorization (see 
subpart D of this part) do not have to be certificated.
    (c) In addition to the technical standards contained in this part, 
transmitters intended for operation in the Cellular Radiotelephone 
Service must be designed to comply with the technical requirements 
contained in the cellular system compatibility specification (see 
Sec. 22.933) and the electronic serial number rule (see Sec. 22.919).

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996; 
63 FR 36603, July 7, 1998.]

    Effective Date Note: At 63 FR 36603, July 7, 1998, Sec. 22.377 was 
amended by removing paragraph (c) and redesignating paragraph (d) as 
paragraph (c); by removing the term ``type-acceptance'' from the section 
and the heading, and replacing it with ``certification''; and by 
removing the term ``type-accepted'' and replacing it with 
``certificated'', effective Oct. 5, 1998. For the convenience of the 
user, the superseded text is set forth as follows:

Sec. 22.377  Type-acceptance of transmitters.

                                * * * * *

    (c) Type-accepted transmitters are listed in the FCC's ``Radio 
Equipment List,'' which is available for public inspection at the FCC in 
Washington, DC, and its field offices.

                                * * * * *



Sec. 22.379  Replacement of equipment.

    Licensees may replace any equipment in Public Mobile Service 
stations without applying for authorization or notifying the FCC, 
provided that:
    (a) If a transmitter is replaced, the replacement transmitter must 
be certificated for use in the Public Mobile Services;
    (b) The antenna structure must not become a hazard to air navigation 
and its height must not be not increased;
    (c) The interference potential of the station must not be increased;
    (d) The Effective radiated power, emission type, antenna radiation 
pattern and center of radiation height above average terrain are not 
changed.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 36603, July 7, 1998]

    Effective Date Note: At 63 FR 36603, July 7, 1998, Sec. 22.379 was 
amended by removing the term ``type-accepted'' and replacing it with 
``certificated'', effective Oct. 5, 1998.



Sec. 22.381  Auxiliary test transmitters.

    Auxiliary test transmitters may be used only for testing the 
performance of fixed receiving equipment located remotely from the 
control point. Auxiliary test transmitters may transmit only on channels 
designated for mobile transmitters.



Sec. 22.383  In-building radiation systems.

    Licensees may install and operate in-building radiation systems 
without applying for authorization or notifying the FCC, provided that 
the locations of the in-building radiation systems are within the 
protected service area of the licensee's authorized transmitter(s) on 
the same channel or channel block.



                 Subpart D--Developmental Authorizations



Sec. 22.401  Description and purposes of developmental authorizations.

    Communications common carriers may apply for, and the FCC may grant, 
authority to construct and operate one or more transmitters subject to 
the rules in this subpart and other limitations, waivers and/or 
conditions that may be prescribed. Authorizations granted on this basis 
are developmental authorizations. In general, the FCC grants 
developmental authorizations in situations and circumstances where it 
cannot reasonably be determined in advance whether a particular 
transmitter can be operated or a particular service can be provided 
without causing interference to the service of

[[Page 140]]

existing stations. For example, the FCC may grant developmental 
authorizations for:
    (a) Field strength surveys to evaluate the technical suitability of 
antenna locations for stations in the Public Mobile Services;
    (b) Experimentation leading to the potential development of a new 
Public Mobile Service or technology; or,
    (c) Stations transmitting on channels in certain frequency ranges, 
to provide a trial period during which it can be individually determined 
whether such stations can operate without causing excessive interference 
to existing services.



Sec. 22.403  General limitations.

    The provisions and requirements of this section are applicable to 
all developmental authorizations.
    (a) Developmental authorizations are granted subject to the 
condition that they may be cancelled by the FCC at any time, upon notice 
to the licensee, and without the opportunity for a hearing.
    (b) Except as otherwise indicated in this subpart, developmental 
authorizations normally terminate one year from the date of grant. The 
FCC may, however, specify a different term.
    (c) Stations operating under developmental authorizations must not 
interfere with the services of regularly authorized stations.
    (d) A grant of a developmental authorization does not provide any 
assurance that the FCC will grant an application for regular 
authorization to operate the same transmitter(s), even if operation 
during the developmental period has not caused interference and/or the 
developmental program is successful.



Sec. 22.409  Developmental authorization for a new Public Mobile Service or technology.

    The FCC may grant applications for developmental authority to 
construct and operate transmitters for the purpose of developing a new 
Public Mobile Service or a new technology not regularly authorized under 
this part, subject to the requirements of this section. Such 
applications may request the use of any portion of the spectrum 
allocated for Public Mobile Services in the Table of Frequency 
Allocations contained in part 2 of this chapter, regardless of whether 
that spectrum is regularly available under this part. Requests to use 
any portion of the spectrum for a service or purpose other than that 
indicated in the Table of Frequency Allocations in part 2 of this 
chapter may be made only in accordance with the provisions of part 5 of 
this chapter.
    (a) Preliminary determination. The FCC will make a preliminary 
determination with respect to the factors in paragraphs (a)(1) through 
(a)(3) of this section before acting on an application for developmental 
authority pursuant to this section. These factors are:
    (1) That the public interest, convenience or necessity warrants 
consideration of the establishment of the proposed service or 
technology;
    (2) That the proposal appears to have potential value to the public 
that could warrant the establishment of the new service or technology;
    (3) That some operational data should be developed for consideration 
in any rule making proceeding which may be initiated to establish such 
service or technology.
    (b) Petition required. Applications for developmental authorizations 
pursuant to this section must be accompanied by a petition for rule 
making requesting the FCC to amend its rules as may be necessary to 
provide for the establishment of the proposed service or technology.
    (c) Application requirements. Authorizations for developmental 
authority pursuant to this section will be issued only upon a showing 
that the applicant has a definite program of research and development 
which has reasonable promise of substantial contribution to the services 
authorized by this part. The application must contain an exhibit 
demonstrating the applicant's technical qualifications 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 purpose. Additionally, the FCC may, in its discretion, require 
a showing of financial qualification.

[[Page 141]]

    (d) Communication service for hire prohibited. Stations authorized 
under developmental authorizations granted pursuant to this section must 
not be used to provide communication service for hire, unless otherwise 
specifically authorized by the FCC.
    (e) Adherence to program. Carriers granted developmental 
authorization pursuant to this section must substantially adhere to the 
program of research and development described in their application for 
developmental authorization, unless the FCC directs otherwise.
    (f) Report requirements. Upon completion of the program of research 
and development, or upon the expiration of the developmental 
authorization under which such program was permitted, or at such times 
during the term of the station authorization as the FCC may deem 
necessary to evaluate the progress of the developmental program, the 
licensee shall submit a comprehensive report, containing:
    (1) A description of the progress of the program and a detailed 
analysis of any result obtained;
    (2) Copies of any publications produced by the program;
    (3) A listing of any patents applied for, including copies of any 
patents issued;
    (4) Copies of any marketing surveys or other measures of potential 
public demand for the new service;
    (5) A description of the carrier's experiences with operational 
aspects of the program including--
    (i) The duration of transmissions on each channel or frequency range 
and the technical parameters of such transmissions; and,
    (ii) Any interference complaints received as a result of operation 
and how these complaints were investigated and resolved.
    (g) Confidentiality. Normally, applications and developmental 
reports are a part of the FCC's public records. However, an applicant or 
licensee may request that the FCC withhold from public records specific 
exhibits, reports and other material associated with a developmental 
authorization.
    (h) Renewal. Expiring developmental authorizations issued pursuant 
to this section may be renewed if the carrier--
    (1) Shows that further progress in the program of research and 
development requires additional time to operate under developmental 
authorization;
    (2) Complied with the reporting requirements of paragraph (f) of 
this section; and,
    (3) Immediately resolved to the FCC's satisfaction all complaints of 
interference caused by the station operating under developmental 
authority.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]



Sec. 22.411  Developmental authorization of 43 MHz paging transmitters.

    Because of the potential for interference to the intermediate 
frequency stages of receivers in broadcast television sets and video 
recorders, 43 MHz paging channels are assigned only under developmental 
authorizations subject to the requirements of this section, except as 
provided in paragraph (d) of this section.
    (a) Carrier responsibility. Carriers so authorized shall operate the 
43 MHz paging service under developmental authority for a period of two 
years. During the two year developmental period, carriers must resolve 
any broadcast television receiver intermediate frequency interference 
problems that may occur as a result of operation of the 43 MHz paging 
transmitter(s). Carriers shall inform subscribers receiving service on 
the channels assigned under developmental authority during the 
developmental period that this service could be terminated by the FCC on 
short notice if such action were to become necessary to eliminate 
interference. Carriers shall notify the appropriate FCC Field Office, in 
advance, of the date on which service to subscribers is to begin.
    (b) Periodic surveys. To determine the extent of any interference to 
broadcast television receivers resulting from operation of 43 MHz paging 
stations authorized pursuant to this section, carriers shall conduct 
semi-annual surveys during the first two years of operation. The first 
such survey is to begin on the date when service to subscribers 
commences. For each survey, the carrier shall contact at least 25 
television viewers to determine whether they have experienced 
interference.

[[Page 142]]

    (1) The carrier shall contact viewers located throughout the 
geographic area encompassed by a 3 kilometer (2 mile) radius of the 43 
MHz paging transmitter antenna site. The carrier must not attempt to 
obtain a misleading survey by contacting only viewers less likely to be 
experiencing interference. For example, the carrier must not contact 
only the viewers located most distant from the paging transmitter 
antenna site. Instead, the carrier shall contact viewers located near 
the paging transmitter antenna site.
    (2) The carrier shall not, in subsequent surveys, contact viewers 
who were contacted in a previous survey; provided that, in the event 
that all of the viewers within 3 kilometers (2 miles) have been 
contacted, viewers located near the paging transmitter antenna site 
shall be contacted again.
    (c) Periodic reports. Following each survey, the carrier shall 
submit to the FCC a written report disclosing and evaluating the extent 
of any interference. These reports must include:
    (1) The number of the report (1 to 4);
    (2) The station call sign;
    (3) The file number of the application that resulted in the 
developmental authorization;
    (4) An exact description of the transmitter location(s);
    (5) The date(s) and time of day when the survey was conducted;
    (6) The survey method used (e.g. telephone, on-site, etc.);
    (7) The names, addresses and telephone numbers of the viewers 
contacted;
    (8) If interference resulted from operation of the 43 MHz paging 
station, a summary of how the interference problem was resolved;
    (9) The names and telephone numbers of any technical personnel 
consulted and/or employed to resolve interference problems.
    (d) Exceptions. The FCC may grant a regular authorization in the 
Paging and Radiotelephone Service for a 43 MHz paging station in the 
following circumstances:
    (1) After the two-year developmental period, provided that broadcast 
TV interference complaints have been resolved by the carrier in a 
satisfactory manner. Licensees that hold a developmental authorization 
for a 43 MHz paging station and wish to request a regular authorization 
must file an application (FCC Form 600) prior to the expiration of the 
developmental period.
    (2) In the case of the assignment of or a transfer of control of a 
regular authorization of a 43 MHz paging station in the Paging and 
Radiotelephone Service, provided that the station has been in continuous 
operation providing service with no substantial interruptions.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.413  Developmental authorization of 72-76 MHz fixed transmitters.

    Because of the potential for interference with the reception by 
broadcast television sets and video recorders of full service TV 
stations transmitting on TV Channels 4 and 5, 72-76 MHz channels are 
assigned for use within 16 kilometers (10 miles) of the antenna of any 
full service TV station transmitting on TV Channel 4 or 5 only under 
developmental authorizations subject to the requirements of this 
section, except as provided in paragraph (b) of this section.
    (a) Carrier responsibility. Carriers so authorized shall operate the 
72-76 MHz fixed station under developmental authority for a period of at 
least six months. During the developmental period, carriers must resolve 
any broadcast television receiver interference problems that may occur 
as a result of operation of the 72-76 MHz transmitter(s).
    (b) Exceptions. The FCC may grant a regular authorization in the 
Paging and Radiotelephone Service for a 72-76 MHz fixed station under 
the following circumstances:
    (1) After six months of operation under developmental authorization, 
and provided that broadcast TV interference complaints have been 
resolved by the carrier in a satisfactory manner, the FCC may grant a 
regular authorization. Licensees that hold a developmental authorization 
for a 72-76 MHz fixed station and wish to request a regular 
authorization must file an application (FCC Form 600) prior to the 
expiration of the developmental authorization.

[[Page 143]]

    (2) In the case of the assignment of or a transfer of control of a 
regular authorization of a 72-76 MHz fixed station in the Paging and 
Radiotelephone Service, the FCC may grant such assignment or consent to 
such transfer of control provided that the station has been in 
continuous operation providing service with no substantial 
interruptions.
    (3) If a proposed 72-76 MHz fixed transmitter antenna is to be 
located within 50 meters (164 feet) of the antenna of the full service 
TV station transmitting on TV Channel 4 or 5, the FCC may grant a 
regular authorization instead of a developmental authorization.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.415  Developmental authorization of 928-960 MHz fixed transmitters.

    Channels in the 928-929 MHz and 952-960 MHz ranges may be assigned 
under developmental authorizations to fixed transmitters in point-to-
multipoint systems at locations that are short-spaced (i.e. do not meet 
the 113 kilometer (70 mile) separation requirement of Sec. 22.625), 
subject to the requirements of this section.
    (a) Carrier responsibility. Applications for developmental 
authorizations pursuant to this section must contain an engineering 
analysis that shows that no interference will be caused or received. 
Carriers so authorized shall operate the short-spaced transmitter for a 
period of one year.
    (b) Exceptions. The FCC may grant a regular authorization in the 
Paging and Radiotelephone Service for a short-spaced fixed station under 
the following circumstances:
    (1) After one year of operation under developmental authorization, 
and provided that no interference has been caused, the FCC may grant a 
regular authorization. Licensees that hold a developmental authorization 
and wish to request a regular authorization must file an application 
(FCC Form 600) prior to the expiration of the developmental 
authorization.
    (2) In the case of the assignment of or a transfer of control of a 
regular authorization of a short-spaced fixed station in the Paging and 
Radiotelephone Service, the FCC may grant such assignment or consent to 
such transfer of control provided that the station has been in 
continuous operation providing service and no interference has been 
caused.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.417  Developmental authorization of meteor burst systems.

    Because of the potential for interference to other 42-46 MHz 
operations, central office and rural subscriber stations in Alaska are 
authorized to use meteor burst propagation modes to provide rural 
radiotelephone service only under developmental authorizations subject 
to the requirements of this section, except as provided in paragraph (b) 
of this section. See also Secs. 22.725(c) and 22.729.
    (a) Carrier responsibility. Carriers and subscribers so authorized 
shall operate the station under developmental authority for a period of 
at least one year.
    (b) Exceptions. The FCC may grant a regular authorization in the 
Rural Radiotelephone Service for a central office or rural subscriber to 
use meteor burst propagation modes to provide rural radiotelephone 
service under the following circumstances:
    (1) After one year of operation under developmental authorization, 
and provided that no interference has been caused to other operations, 
the FCC may grant a regular authorization. Licensees that hold a 
developmental authorization to use meteor burst propagation modes to 
provide rural radiotelephone service and wish to request a regular 
authorization must file an application (FCC Form 600) prior to the 
expiration of the developmental authorization.
    (2) In the case of the assignment of or a transfer of control of a 
regular authorization of a central office or rural subscriber station 
authorizing the use of meteor burst propagation modes in the Rural 
Radiotelephone Service, the FCC may grant such assignment or

[[Page 144]]

consent to such transfer of control provided that the station has been 
in operation providing service with no substantial interruptions.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



              Subpart E--Paging and Radiotelephone Service



Sec. 22.501  Scope.

    The rules in this subpart govern the licensing and operation of 
public mobile paging and radiotelephone stations. The licensing and 
operation of these stations are also subject to rules elsewhere in this 
part that apply generally to the Public Mobile Services. However, in 
case of conflict, the rules in this subpart govern.



Sec. 22.503  Paging geographic area authorizations.

    The FCC considers applications for and issues paging geographic area 
authorizations in the Paging and Radiotelephone Service in accordance 
with the rules in this section. Each paging geographic area 
authorization contains conditions requiring compliance with paragraphs 
(h) and (i) of this section.
    (a) Channels. The FCC may issue a paging geographic area 
authorization for any channel listed in Sec. 22.531 of this part or for 
any channel pair listed in Sec. 22.561 of this part.
    (b) Paging geographic areas. The paging geographic areas are as 
follows:
    (1) The Nationwide paging geographic area comprises the District of 
Columbia and all States, Territories and possessions of the United 
States of America.
    (2) The Major Trading Areas (MTAs) as defined in the Rand McNally 
1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, 
with the following changes and additions:
    (i) The Seattle paging geographic area does not include Alaska.
    (ii) Alaska is a paging geographic area.
    (iii) Guam and the Northern Mariana Islands (combined) are a paging 
geographic area.
    (iv) Puerto Rico and the United States Virgin Islands (combined) are 
a paging geographic area.
    (v) American Samoa is a paging geographic area.
    (3) The Economic Areas (EAs), as defined by the Department of 
Commerce, Bureau of Economic Analysis.
    (c) Availability. The FCC may determine whether to issue a paging 
geographic area authorization for any specific channel or channel pair 
in any specific paging geographic area. The FCC may replace existing 
site specific authorizations for facilities on a channel or channel pair 
located in a paging geographic area with a paging geographic area 
authorization for that channel or channel pair, if in its sole 
discretion, the FCC determines that the public interest would be served 
by such replacement.
    (d) Filing windows. The FCC accepts applications for paging 
geographic area authorizations only during filing windows. The FCC 
issues Public Notices announcing in advance the dates of the filing 
windows, and the specific paging geographic areas and channels for which 
applications may be accepted.
    (e) One grant per geographic area. The FCC may grant one and only 
one application for a paging geographic area authorization for any 
specific channel or channel pair in any specific paging geographic area 
defined in paragraph (b) of this section. Selection from among mutually 
exclusive applications for a paging geographic area authorization will 
be made in accordance with the procedures in Secs. 22.131 and 22.200 
through 22.299. If after the selection process but prior to filing a 
``long form'' application, a successful bidder decides to partition the 
paging geographic area, the FCC may require and accept multiple ``long 
form'' applications from the consortium members.
    (f) Exclusive right to expand. During the term of a paging 
geographic area authorization, the FCC does not accept, from anyone 
other than the paging geographic area licensee, any major application 
for authorization to operate a facility that would serve unserved area 
within the paging geographic area specified in that paging geographic 
area authorization, on the channel specified in that paging geographic 
area authorization, unless any extension of the interfering contour of 
the proposed facility falls:

[[Page 145]]

    (1) Within the composite interfering contour of another licensee; 
or,
    (2) Into unserved area and the paging geographic area licensee 
consents to such extension.
    (g) Subsequent applications not accepted. During the term of a 
paging geographic area authorization, the FCC does not accept any 
application for authorization relating to a facility that is or would be 
located within the paging geographic area specified in that paging 
geographic area authorization, on the channel specified in that paging 
geographic area authorization, except in the following situations:
    (1) FCC grant of an application authorizing the construction of the 
facility could have a significant environmental effect as defined by 
Sec. 1.1307 of this chapter. See Sec. 22.115(a)(5).
    (2) Specific international coordination procedures are required, 
prior to assignment of a channel to the facility, pursuant to a treaty 
or other agreement between the United States government and the 
government of Canada or Mexico. See Sec. 22.169.
    (3) The paging geographic area licensee or another licensee of a 
system within the paging geographic area applies to assign its 
authorization or for FCC consent to a transfer of control.
    (h) Adjacent geographic area coordination required. Before 
constructing a facility for which the interfering contour (as defined in 
Sec. 22.537 or Sec. 22.567, as appropriate for the channel involved) 
would extend into another paging geographic area, a paging geographic 
area licensee must obtain the consent of the relevant co-channel paging 
geographic area licensee, if any, into whose area the interfering 
contour would extend. In the event that there is no co-channel paging 
geographic area licensee from whom to obtain consent in the area into 
which the interfering contour would extend, the facility may be 
constructed and operated subject to the condition that, at such time as 
the FCC issues a paging geographic area license for that adjacent 
geographic area, either consent must be obtained or the facility 
modified or eliminated such that the interfering contour no longer 
extends into the adjacent geographic area.
    (i) Protection of existing service. All facilities constructed and 
operated pursuant to a paging geographic area authorization must provide 
co-channel interference protection in accordance with Sec. 22.537 or 
Sec. 22.567, as appropriate for the channel involved, to all co-channel 
facilities of other licensees within the paging geographic area that 
were authorized on May 12, 1997 and have remained authorized 
continuously since that date.
    (j) Site location restriction. The transmitting antenna of each 
facility constructed and operated pursuant to a paging geographic area 
authorization must be located within the paging geographic area 
specified in the authorization.
    (k) Coverage requirements. Failure by a paging geographic area 
licensee to meet either of the coverage requirements in paragraphs 
(k)(1) and (k)(2) of this section, or alternatively, the substantial 
service requirement in paragraph (k)(3) of this section, may result in 
automatic termination or non-renewal of a paging geographic area 
license. For the purpose of this paragraph, to ``cover'' area means to 
include geographic area within the composite of the service contour(s) 
determined by the methods of Secs. 22.537 or 22.567, as appropriate for 
the particular channel involved. Licensees may determine the population 
of geographic areas included within their service contours using either 
the 1990 census or the 2000 census, but not both.
    (1) No later than three years after the initial grant of a paging 
geographic area authorization, the licensee must construct or otherwise 
acquire and operate sufficient facilities to cover one third of the 
population in the paging geographic area. The licensee must notify the 
FCC (FCC Form 489), no later than 15 days after the end of the three 
year period, either that it has satisfied this requirement or that it 
plans to satisfy the alternative requirement to provide substantial 
service in accordance with paragraph (k)(3) of this section.
    (2) No later than five years after the initial grant of a paging 
geographic area authorization, the licensee must construct or otherwise 
acquire and operate sufficient facilities to cover two

[[Page 146]]

thirds of the population in the paging geographic area. The licensee 
must notify the FCC (FCC Form 489), no later than 15 days after the end 
of the five year period, either that it has satisfied this requirement 
or that it has satisfied the alternative requirement to provide 
substantial service in accordance with paragraph (k)(3) of this section.
    (3) As an alternative to the coverage requirements of paragraphs 
(k)(1) and (k)(2) of this section, the paging geographic area licensee 
may demonstrate that, no later than five years after the initial grant 
of its paging geographic area authorization, it provides substantial 
service to the paging geographic area. ``Substantial service'' means 
service that is sound, favorable, and substantially above a level of 
mediocre service that would barely warrant renewal.

[62 FR 11633, Mar. 12, 1997]



Sec. 22.507  Number of transmitters per station.

    This section concerns the number of transmitters licensed under each 
station authorization in the Paging and Radiotelephone Service, other 
than paging geographic area authorizations.
    (a) Operationally related transmitters. Each station must have at 
least one transmitter. There is no limit to the number of transmitters 
that a station may comprise. However, transmitters within a station 
should be operationally related and/or should serve the same general 
geographical area. Operationally related transmitters are those that 
operate together as a system (e.g., trunked systems, simulcast systems), 
rather than independently.
    (b) Split of large systems. The FCC may split wide-area systems into 
two or more stations for administrative convenience. Except for 
nationwide paging and other operationally related transmitters, 
transmitters that are widely separated geographically are not licensed 
under a single authorization.
    (c) Consolidation of separate stations. The FCC may consolidate 
separately authorized stations upon request (FCC Form 600) of the 
licensee, if appropriate under paragraph (a) of this section.
    (d) Replacement of site-by-site authorizations with single 
authorization. After a paging geographic area authorization for a 
channel has been issued, the FCC may, on its own motion, replace the 
authorization(s) of any other licensee (for facilities located within 
that paging geographic area on that channel) with a single replacement 
authorization.

[62 FR 11634, Mar. 12, 1997]



Sec. 22.509  Procedures for mutually exclusive applications in the Paging and Radiotelephone Service.

    Mutually exclusive applications in the Paging and Radiotelephone 
Service, including those that are mutually exclusive with applications 
in the Rural Radiotelephone Service, are processed in accordance with 
Sec. 22.131 and with this section.
    (a) Applications in the Paging and Radiotelephone Service may be 
mutually exclusive with applications in the Rural Radiotelephone Service 
if they seek authorization to operate facilities on the same channel in 
the same area, or the technical proposals are otherwise in conflict. See 
Sec. 22.567.
    (b) A modification application in either service filed on the 
earliest filing date may cause all later-filed mutually exclusive 
applications of any type in either service to be ``cut off'' (excluded 
from a same-day filing group) and dismissed, pursuant to 
Sec. 22.131(c)(3)(ii) and Sec. 22.131(c)(4).
    (c) Competitive bidding will not be used as a selection procedure 
for any filing group that contains one or more applications for 
facilities in the Rural Radio Service. If a settlement between the 
applicants cannot be reached in a reasonable time, the applications may 
be designated for comparative consideration in a hearing. See 
Sec. 22.131(c)(4)(ii).

[59 FR 59956, Nov. 21, 1994; as amended at 61 FR 54099, Oct. 17, 1996]



Sec. 22.511  Construction period for the Paging and Radiotelephone Service.

    The construction period for stations in the Paging and 
Radiotelephone Service is one year.



Sec. 22.515  Permissible communications paths.

    Mobile stations may communicate only with and through base stations.

[[Page 147]]

Base stations may communicate only with mobile stations and receivers on 
land or surface vessels.



Sec. 22.527  Signal boosters.

    Licensees may install and operate signal boosters on channels listed 
in Sec. 22.531 only in accordance with the provisions of Sec. 22.165 
governing additional transmitters for existing systems. Licensees must 
not allow any signal booster that they operate to cause interference to 
the service or operation of any other authorized stations or systems.

[61 FR 31051, June 19, 1996]



Sec. 22.529  Application requirements for the Paging and Radiotelephone Service.

    In addition to information required by subparts B and D of this 
part, applications for authorization in the Paging and Radiotelephone 
Service must contain the applicable information and data described in 
this section.
    (a) Administrative information. The following information, 
associated with Form FCC 600, Schedule A, is required as indicated. Each 
application of any type, including applications for paging geographic 
area authorizations, must contain one and only one Schedule A.
    (1) The purpose of the filing is required for each application of 
any type.
    (2) The geographic area designator, channel and geographic area name 
are required only for each application for a paging geographic area 
authorization.
    (3) The FCC control point number, if any, the location (street 
address, city or town, state), the telephone number and an indication of 
the desired database action are required only for each application 
proposing to add or delete a control point.
    (4) The FCC location number, file number and location (street 
address, city or town, state) of authorized facilities that have not 
been constructed are required only for each application requesting an 
extension of time to construct those facilities.
    (b) Technical data. The following data, associated with FCC Form 
600, Schedule B, are required as indicated for each application that is 
not an application for a paging geographic area authorization. 
Applications for a paging geographic area authorization must not contain 
Schedule B. Other type of applications may contain as many Schedule Bs 
as are necessary for the intended purpose.
    (1) For each transmitting antenna site to be added, deleted or 
modified, the following are required: An indication of the desired 
database action, the FCC location number, if any, the street address or 
other description of the transmitting antenna site, the city, county and 
state, the geographical coordinates (latitude and longitude), correct to 
1 second, of the transmitting antenna site (NAD 27 required, 
NAD 83 optional), and in the case of a proposed relocation of a 
transmitting antenna, the FCC location number and geographical 
coordinates, correct to 1 second, of the current 
transmitting antenna site, and an indication of the datum (NAD 27 or NAD 
83) to which the geographical coordinates of the current location are 
referenced.
    (2) For each transmitting antenna site to be added, deleted or 
modified, the following supplementary information is required: An 
indication as to whether or not the transmitting antenna site is within 
200 kilometers (124 miles) of the U.S.-Mexico border, and an indication 
as to whether or not the transmitting antenna site is North of Line A or 
East of Line C. Line A and Line C are defined in Sec. 2.1 of this 
chapter. For each adjacent geographic area within 200 kilometers (124 
miles) of each transmitting antenna site to be added, deleted or 
modified, the geographic area designator and name, and the shortest 
distance (in kilometers) to the boundary of that geographic area.
    (3) For each antenna to be added, deleted or modified, the following 
is required: An indication of the desired database action, an indication 
of whether the antenna already exists or is merely proposed, the FCC 
antenna number, if any, the type of antenna (e.g., collinear, Yagi, 
half-wave, corner reflector, panel, etc.), the name of the antenna 
manufacturer and the model number of the antenna, the height (in meters) 
above average terrain of the center of radiation of the antenna, the 
beamwidth of the main lobe of the horizontal radiation pattern of the 
electric

[[Page 148]]

field of the antenna, the height (in meters) to the tip of the antenna 
above ground level, a polar plot of the horizontal gain pattern of the 
antenna, the antenna gain in the maximum lobe and the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed.
    (i) For each transmitter to be added, deleted or modified, the 
following is required: the FCC transmitter number, if any, an indication 
of the desired database action, the center frequency of the requested 
channel, the transmitter classification (e.g. base, fixed mobile), the 
designator for any non-standard emission type to be used, including 
bandwidth and modulation type, and the maximum effective radiated power.
    (ii) For each of the eight cardinal radials, the antenna height 
above the average elevation along the radial, and the effective radiated 
power of each transmitter in the direction of the radial.
    (iii) For each transmitter proposed to transmit on a channel 
reserved for point-to-multipoint operation involving transmission to 
four or more points of communications (i.e. base transmitters), the 
following is required for each point of communication: an indication of 
the desired database action, the FCC transmitter number or other key 
indicator (e.g., I, II, III, IV), the location (city or town, state), 
and the geographical coordinates (latitude and longitude, NAD 27).

[62 FR 11635, Mar. 12, 1997]

                            Paging Operation



Sec. 22.531  Channels for paging operation.

    The following channels are allocated for assignment to base 
transmitters that provide paging service, either individually or 
collectively under a paging geographic area authorization. Unless 
otherwise indicated, all channels have a bandwidth of 20 kHz and are 
designated by their center frequencies in MegaHertz.

                            Low VHF Channels
 
35.20              35.46              43.20             43.46
35.22              35.50              43.22             43.50
35.24              35.54              43.24             43.54
35.26              35.56              43.26             43.56
35.30              35.58              43.30             43.58
35.34              35.60              43.34             43.60
35.38              35.62              43.38             43.62
35.42              35.66              43.42             43.66
 
                            High VHF Channels
 
152.24             152.84             158.10            158.70
 
                              UHF Channels
 
931.0125           931.2625           931.5125          931.7625
931.0375           931.2875           931.5375          931.7875
931.0625           931.3125           931.5625          931.8125
931.0875           931.3375           931.5875          931.8375
931.1125           931.3625           931.6125          931.8625
931.1375           931.3875           931.6375          931.8875
931.1625           931.4125           931.6625          931.9125
931.1875           931.4375           931.6875          931.9375
931.2125           931.4625           931.7125          931.9625
931.2375           931.4875           931.7375          931.9875
 


    (a) The 43 MHz channels may be assigned under developmental 
authorizations, pursuant to the requirements of Sec. 22.411.
    (b) Channels 931.8875, 931.9125, and 931.9375 MHz may be assigned 
only to transmitters providing nationwide network paging service.
    (c) Upon application (FCC Form 600), common carriers may be 
authorized to provide one-way paging service using the leased subcarrier 
facilities of broadcast stations licensed under part 73 of this chapter.
    (d) Occasionally in case law and other formal and informal 
documents, the low VHF channels have been referred to as ``lowband'' 
channels, and the high VHF channels have been referred to as 
``guardband'' channels.
    (e) Pursuant to the U.S.-Canada Interim Coordination Considerations 
for 929-932 MHz, as amended, only the following UHF channels may be 
assigned in the continental United States North of Line A or in the 
State of Alaska East of Line C, within the indicated longitudes:
    (1) From longitude W.73 deg. to longitude W.75 deg. and from 
longitude W.78 deg. to longitude W.81 deg.:

931.0125           931.1125           931.1875          931.2625
931.0375           931.1375           931.2125          931.8625
931.0625           931.1625           931.2375
 

    (2) From longitude W.81 deg. to longitude W.85 deg.:

931.0125           931.2125           931.3875          931.5875
931.0375           931.2375           931.4125          931.6125
931.0625           931.2625           931.4625          931.6375
931.1125           931.2875           931.4875          931.8625
931.1375           931.3125           931.5125
931.1625           931.3375           931.5375
931.1875           931.3625           931.5625
 


[[Page 149]]

    (3) Longitudes other than specified in paragraphs (e)(1) and (e)(2) 
of this section:

931.0125           931.1625           931.2875          931.4125
931.0375           931.1875           931.3125          931.4625
931.0625           931.2125           931.3375          931.8625
931.1125           931.2375           931.3625
931.1375           931.2625           931.3875
 

    (4) At any longitude, with authorization condition requiring 
coordinated, shared use and equal access by licensees in both countries:

931.4375           931.8875           931.9125          931.9375
 

    (f) For the purpose of issuing paging geographic area 
authorizations, the paging geographic areas used for the UHF channels 
are the MTAs (see Sec. 22.503(b)(2)), and the paging geographic areas 
used for the low and high VHF channels are the EAs (see 
Sec. 22.503(b)(3)).

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
62 FR 11635, Mar. 12, 1997]



Sec. 22.535  Effective radiated power limits.

    The effective radiated power (ERP) of transmitters operating on the 
channels listed in Sec. 22.531 must not exceed the limits in this 
section.
    (a) Maximum ERP. The ERP must not exceed the applicable limits in 
this paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (Watts)
------------------------------------------------------------------------
35-36......................................................          600
43-44......................................................          500
152-159....................................................         1400
931-932....................................................         3500
------------------------------------------------------------------------

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of transmitters on the VHF channels must not exceed 500 
Watts.
    (c) Height-power limit. Except as provided in paragraph (d) of this 
section, the ERP of transmitters on the VHF channels must not exceed the 
amount that would result in an average distance to the service contour 
of 32.2 kilometers (20 miles). The average distance to the service 
contour is calculated by taking the arithmetic mean of the distances 
determined using the procedures specified in Sec. 22.537 for the eight 
cardinal radial directions, excluding cardinal radial directions for 
which 90% or more of the distance so calculated is over water.
    (d) Encompassed interfering contour areas. Transmitters are exempt 
from the basic power and height-power limits of this section if the area 
within their interfering contours is totally encompassed by the 
interfering contours of operating co-channel base transmitters 
controlled by the same licensee. For the purpose of this paragraph, 
operating transmitters are authorized transmitters that are providing 
service to subscribers.
    (e) Adjacent channel protection. The ERP of transmitters must not 
exceed 500 Watts if they:
    (1) Transmit on a channel in the 152-159 MHz frequency range and are 
located less than 5 kilometers (3.1 miles) from any station licensed in 
the Private Radio Services that receives on an adjacent channel; or,
    (2) Transmit on channel 158.10 or 158.70 MHz and are located less 
than 5 kilometers (3.1 miles) from any station licensed in the Public 
Mobile Services that receives on either of the following adjacent 
channels: 158.07 MHz or 158.67 MHz.
    (f) Signal boosters. The effective radiated power of signal boosters 
must not exceed 5 watts ERP under any normal operating condition.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]



Sec. 22.537  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channels listed in Sec. 22.531. These criteria permit channel 
assignments to be made in a manner such that reception by public paging 
receivers of signals from base transmitters, within the service area of 
such base transmitters, is protected from interference caused by the 
operation of independent co-channel base transmitters.
    (a) Contour overlap. The FCC may grant an application requesting 
assignment of a channel to a proposed base transmitter only if:
    (1) The interfering contour of the proposed transmitter does not 
overlap the service contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless

[[Page 150]]

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

                                    Table E-1.--931 MHz Paging Service Radii
----------------------------------------------------------------------------------------------------------------
     Service radius km (miles)                            Effective radiated power (Watts)
----------------------------------------------------------------------------------------------------------------
    Antenna HAAT meters (feet)         0-125       126-250      251-500      501-1000    1001-1860    1861-3500
----------------------------------------------------------------------------------------------------------------
0-177.............................    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)
(0-581)
178-305...........................    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    37.0 (23)    41.8 (26)
(582-1001)
306-427...........................    32.2 (20)    32.2 (20)    37.0 (23)    41.8 (26)    56.3 (35)    56.3 (35)

[[Page 151]]

 
(1002-1401)
428-610...........................    32.2 (20)    37.0 (23)    41.8 (26)    56.3 (35)    56.3 (35)    56.3 (35)
(1402-2001)
611-861...........................    37.0 (23)    41.8 (26)    41.8 (26)    56.3 (35)    83.7 (52)    83.7 (52)
(2002-2825)
862-1219..........................    41.8 (26)    56.3 (35)    56.3 (35)    83.7 (52)    83.7 (52)    83.7 (52)
(2826-3999)
1220+.............................    56.3 (35)    56.3 (35)    83.7 (52)    83.7 (52)    83.7 (52)    83.7 (52)
(4000+)
----------------------------------------------------------------------------------------------------------------

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

                                  Table E-2.--931 MHz Paging Interfering Radii
----------------------------------------------------------------------------------------------------------------
   Interfering radius km (miles)                          Effective radiated power (Watts)
----------------------------------------------------------------------------------------------------------------
    Antenna HAAT meters (feet)         0-125       126-250      251-500      501-1000    1001-1860    1861-3500
----------------------------------------------------------------------------------------------------------------
0-177.............................    80.5 (50)    80.5 (50)    80.5 (50)    80.5 (50)    80.5 (50)    80.5 (50)
(0-581)
178-305...........................    80.5 (50)    80.5 (50)    80.5 (50)    80.5 (50)    88.5 (55)    96.6 (60)
(582-1001)
306-427...........................    80.5 (50)    80.5 (50)    88.5 (55)    96.6 (60)   130.4 (81)   130.4 (81)
(1002-1401)
428-610...........................    80.5 (50)    88.5 (55)    96.6 (60)   130.4 (81)   130.4 (81)   130.4 (81)
(1402-2001)
611-861...........................    88.5 (55)    96.6 (60)    96.6 (60)   130.4 (81)  191.5 (119)  191.5 (119)
(2002-2825)
862-1219..........................    96.6 (60)   130.4 (81)   130.4 (81)  191.5 (119)  191.5 (119)  191.5 (119)
(2826-3999)
1220+
(4000+)...........................   130.4 (81)   130.4 (81)  191.5 (119)  191.5 (119)  191.5 (119)  191.5 (119)
----------------------------------------------------------------------------------------------------------------

    (g) In-building radiation systems. The locations of in-building 
radiation systems must be within the service contour(s) of the 
licensee's authorized transmitter(s) on the same channel. In-building 
radiation systems are not protected facilities, and therefore do not 
have service or interfering contours.
    (h) Signal boosters on 931 MHz channels. For the purpose of 
compliance with Sec. 22.165 and notwithstanding paragraphs (e) and (f) 
of this section, signal boosters operating on the 931 MHz channels with 
an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as 
a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and 
as an interfering contour a circle with a radius of 10 kilometers (6.2 
miles).

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]



Sec. 22.539  Additional channel policies.

    The rules in this section govern the processing of applications for 
a paging channel when the applicant has applied for or been granted an 
authorization for other paging channels in the same geographic area. 
This section applies to applications proposing to use the channels 
listed in Sec. 22.531, excluding the nationwide network paging channels 
and broadcast station subcarriers, or the channels listed in 
Sec. 22.561, where the application proposes to use those channels to 
provide paging service only. The general policy of the FCC is to assign 
one paging channel in an area to a carrier per application cycle. That 
is, a carrier must apply for one paging channel, receive the 
authorization, construct the station, provide service to subscribers, 
and notify the FCC of commencement of service to subscribers

[[Page 152]]

(FCC Form 489) before applying for an additional paging channel in that 
area.
    (a) VHF transmitters in same area. Any transmitter on any VHF 
channel listed in Sec. 22.531 is considered to be in the same geographic 
area as another transmitter on any other VHF channel listed in 
Sec. 22.531 if:
    (1) One transmitter location is within the service area of the other 
transmitter; or,
    (2) The area within the overlap of the service contours of the two 
transmitters constitutes 50 percent or more of the service area of 
either of the transmitters.
    (b) 931 MHz transmitters in same area. Any transmitter on any 931 
MHz channel is considered to be in the same geographic area as another 
transmitter on any channel listed in Sec. 22.531 if it is located less 
than 64.4 kilometers (40 miles) from the transmitter. Likewise, any 
transmitter on any channel listed in Sec. 22.531 is considered to be in 
the same geographic area as another transmitter on any 931 MHz channel 
if it is located less than 64.4 kilometers (40 miles) from that 
transmitter.
    (c) Initial channel. The FCC will not assign more than one channel 
for new paging stations. Paging stations are considered to be new if 
there are no authorized transmitters on any channel listed in 
Sec. 22.531 controlled by the applicant in the same geographic area.
    (d) Additional channel. Applications for transmitters to be located 
in the same geographic area as an authorized station controlled by the 
applicant, but to operate on a different channel, are considered as 
requesting an additional channel for the authorized station, unless 
paragraph (e) of this section applies.
    (e) Additional transmitters on same channel. Notwithstanding other 
provisions of this section, the following applications are not 
considered to be requests for an additional paging channel:
    (1) Applications for transmitters to be located in the same 
geographic area as an authorized station controlled by the applicant, 
and to operate on the same paging channel;
    (2) Applications for transmitters to be located within a paging 
geographic area for which the applicant holds the paging geographic area 
authorization for the requested channel; and,
    (3) Applications for paging geographic area authorizations.
    (f) Amendment of pending application. If the FCC receives and 
accepts for filing an application for a transmitter to be located in the 
same geographic area as a transmitter proposed in a pending application 
previously filed by the applicant, but on a different channel, the 
subsequent application is considered as a major amendment to change the 
technical proposal of the prior application, unless paragraph (e) 
applies. The filing date of any application so amended is the date the 
FCC received the subsequent application.
    (g) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting an additional channel for an 
authorized station prior to receiving notification that the station is 
providing service to subscribers on the authorized channel(s), the FCC 
may dismiss that application without prejudice in accordance with 
Sec. 22.128.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11635, Mar. 12, 1997]



Sec. 22.551  Nationwide network paging service.

    The rules in this section govern the application for and provision 
of nationwide network paging service on the channels reserved 
specifically for such service in Sec. 22.531(b).
    (a) Nationwide network providers; organizers. If and when a 
nationwide network paging channel becomes available for assignment, the 
FCC will issue a Public Notice inviting applications from eligibles 
seeking to provide or organize a nationwide network paging service. The 
Public Notice will provide complete details regarding application 
requirements and procedures.
    (b) Licensing. The FCC may issue a paging geographic area 
authorization to the nationwide network provider or organizer. All 
transmissions of nationwide network messages on the channels reserved 
for such service in Sec. 22.531(b) are authorized solely under the 
authorization(s) of the nationwide network provider or organizer, 
notwithstanding whether or not the messages pass

[[Page 153]]

through facilities owned, operated or licensed to affiliated local 
carriers.

[62 FR 11636, Mar. 12, 1997]



Sec. 22.559  Paging application requirements.

    In addition to information required by subparts B and D and 
Sec. 22.529, applications for authorization to operate a paging 
transmitter on the channels listed in Sec. 22.531, other than 
applications for a paging geographic area authorization, must contain 
the applicable supplementary information described in this section.
    (a) Interference exhibit. Except as provided in paragraph (b) of 
this section, an exhibit demonstrating compliance with Sec. 22.537 with 
regard to protected transmitters is required for applications to operate 
a transmitter on the VHF channels. This exhibit must:
    (1) Identify each protected transmitter located within 109 
kilometers (68 miles) of the proposed transmitter in directions in which 
the distance to the interfering contour is 76.5 kilometers (47.5 miles) 
or less, and within 178 kilometers (111 miles) of the proposed 
transmitter in directions in which the distance to the interfering 
contour exceeds 76.5 kilometers (47.5 miles).
    (2) For each protected transmitter identified, show the results of 
distance calculations indicating that there would be no overlap of 
service and interfering contours, or alternatively, indicate that the 
licensee of or applicant for the protected transmitter and/or the 
applicant, as required, have agreed in writing to accept any 
interference resulting from operation of the proposed transmitter.
    (b) Encompassment exhibit. An exhibit showing that the area within 
the interfering contour of the proposed transmitter would be totally 
encompassed by interfering contours of operating co-channel base 
transmitters controlled by the applicant is required for applications to 
operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec. 22.535. For VHF transmitters, this encompassment 
exhibit may substitute for the interference exhibit required in 
paragraph (a) of this section.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]

                   One-way or Two-way Mobile Operation



Sec. 22.561  Channels for one-way or two-way mobile operation.

    The following channels are allocated for paired assignment to 
transmitters that provide (or support other transmitters that provide) 
one-way or two-way public land mobile service, either individually or 
collectively under a paging geographic area authorization. The paging 
geographic areas used for these channels are the EAs (see 
Sec. 22.503(b)(3)). These channels may be assigned for use by mobile or 
base transmitters as indicated, and or by fixed transmitters (including 
control, repeater or other fixed transmitters). The mobile channels may 
also be assigned for use by base or fixed transmitters under certain 
circumstances (see Sec. 22.567(h)). Unless otherwise indicated, all 
channels have a bandwidth of 20 kHz and are designated by their center 
frequencies in MegaHertz.

------------------------------------------------------------------------
              Base                 Mobile          Base          Mobile
------------------------------------------------------------------------
                              VHF Channels
 
------------------------------------------------------------------------
152.03.........................  158.49     152.57............  157.83
152.06.........................  158.52     152.60............  157.86
152.09.........................  158.55     152.63............  157.89
152.12.........................  158.58     152.66............  157.92
152.15.........................  158.61     152.69............  157.95
152.18.........................  158.64     152.72............  157.98
152.21.........................  158.67     152.75............  158.01
152.51.........................  157.77     152.78............  158.04
152.54.........................  157.80     152.81............  158.07
 
------------------------------------------------------------------------
                              UHF Channels
 
------------------------------------------------------------------------
454.025........................  459.025    454.350...........  459.350
454.050........................  459.050    454.375...........  459.375
454.075........................  459.075    454.400...........  459.400
454.100........................  459.100    454.425...........  459.425
454.125........................  459.125    454.450...........  459.450
454.150........................  459.150    454.475...........  459.475
454.175........................  459.175    454.500...........  459.500
454.200........................  459.200    454.525...........  459.525
454.225........................  459.225    454.550...........  459.550
454.250........................  459.250    454.575...........  459.575
454.275........................  459.275    454.600...........  459.600
454.300........................  459.300    454.625...........  459.625
454.325........................  459.325    454.650...........  459.650
------------------------------------------------------------------------


[[Page 154]]


[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995, as amended at 62 
FR 11636, Mar. 12, 1997]



Sec. 22.563  Provision of rural radiotelephone service upon request.

    Channels in the frequency ranges 152.03-152.81, 157.77-158.67, 
454.025-454.650 and 459.025-459.650 MHz, inclusive, are also allocated 
for assignment in the Rural Radiotelephone Service. Stations in the 
Paging and Radiotelephone Service that provide two-way public mobile 
service on these channels must also provide rural radiotelephone service 
upon request from a subscriber.



Sec. 22.565  Transmitting power limits.

    The transmitting power of base, mobile and fixed transmitters 
operating on the channels listed in Sec. 22.561 must not exceed the 
limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of base and 
fixed transmitters must not exceed the applicable limits in this 
paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (watts)
------------------------------------------------------------------------
152-153....................................................         1400
157-159....................................................          150
454-455....................................................         3500
459-460....................................................          150
------------------------------------------------------------------------

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of base transmitters must not exceed 500 Watts.
    (c) Height-power limits. Except as provided in paragraph (d) of this 
section, the ERP of base transmitters must not exceed the amount that 
would result in an average distance to the service contour of 41.6 
kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for 
UHF channels. The average distance to the service contour is calculated 
by taking the arithmetic mean of the distances determined using the 
procedures specified in Sec. 22.567 for the eight cardinal radial 
directions, excluding cardinal radial directions for which 90% or more 
of the distance so calculated is over water.
    (d) Encompassed interfering contour areas. Base transmitters are 
exempt from the basic power and height-power limits of this section if 
the area within their interfering contours is totally encompassed by the 
interfering contours of operating co-channel based transmitters 
controlled by the same licensee. For the purpose of this paragraph, 
operating transmitters are authorized transmitters that are providing 
service to subscribers.
    (e) Adjacent channel protection. The ERP of base and fixed 
transmitters must not exceed 500 Watts if they transmit on channel 
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any 
Private Radio Services station receiving on adjacent channel 454.0000 
MHz.
    (f) Mobile transmitters. The transmitter output power of mobile 
transmitters must not exceed 60 watts.
    (g) Other transmitters. The ERP of dispatch and auxiliary test 
transmitters must not exceed 100 watts.



Sec. 22.567  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channels listed in Sec. 22.561. The criteria in paragraphs (a) 
through (f) of this section permit channel assignments to be made in a 
manner such that reception by public mobile receivers of signals from 
base transmitters, within the service area of such base transmitters, is 
protected from interference caused by the operation of independent co-
channel base and fixed transmitters in the Paging and Radiotelephone 
Service and central office stations, including Basic Exchange Telephone 
Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional 
criteria in paragraph (g) of this section permit channel assignments to 
be made in a manner such that BETRS communications are protected from 
interference caused by the operation of independent co-channel base and 
fixed transmitters in the Paging and Radiotelephone Service and other 
central office stations in the Rural Radiotelephone Service. Separate 
criteria in paragraph (h) of this section apply only to assignment of 
the channels designated in Sec. 22.561 as mobile channels to base and 
fixed transmitters, and permit these channel assignments to be made in a 
manner such that reception by public base and fixed receivers of signals 
from associated mobile and fixed transmitters is protected from 
interference

[[Page 155]]

caused by the operation of independent co-channel base and fixed 
transmitters.
    (a) Contour overlap. The FCC may grant an application requesting 
assignment of a channel to a proposed base, fixed or central office 
station transmitter only if:
    (1) The interfering contour of the proposed transmitter does not 
overlap the service contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless that carrier 
has agreed in writing to accept any interference that may result from 
operation of the proposed transmitter; and
    (2) The service contour of the proposed transmitter does not overlap 
the interfering contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless the application 
contains a statement that the applicant agrees to accept any 
interference that may result from operation of the protected co-channel 
transmitter; and
    (3) The area and/or population to which service would be provided by 
the proposed transmitter is substantial, and service gained would exceed 
that lost as a result of agreements to accept interference.
    (b) Protected transmitter. For the purposes of this section, 
protected transmitters are authorized transmitters for which there is a 
current FCC public record and transmitters proposed in prior-filed 
pending applications, in the Paging and Radiotelephone Service and the 
Rural Radiotelephone Service.
    (c) VHF service contour. For base stations transmitting on the VHF 
channels, the radial distance from the transmitting antenna to the 
service contour along each cardinal radial is calculated as follows:

d=1.609 x h0.40  x p0.20

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
    (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 
must be used as the value for h in the above formula.
    (2) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (3) The distance from the transmitting antenna to the service 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the service contour using the formula in paragraph (c) 
of this section with actual HAAT and ERP data for the inter-station 
radial and additional radials above and below the inter-station radial 
at 2.5 deg. intervals.
    (d) VHF interfering contour. For base and fixed stations 
transmitting on the VHF channels, the radial distance from the 
transmitting antenna to the interfering contour along each cardinal 
radial is calculated as follows:
    (1) If the radial antenna HAAT is less than 150 meters:

d=8.577 x h0.24 x p0.19

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    Whenever the actual HAAT is less than 30 meters (98 feet), 30 must 
be used as the value for h in the above formula.
    (2) If the radial antenna HAAT is 150 meters or more:

d=12.306 x h0.23 x p0.14

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (3) The value used for p in the above formulas must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (4) The distance from the transmitting antenna to the interfering 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the interfering contour using the appropriate formula in 
paragraph (d) of this section with actual HAAT and ERP data for the 
inter-station radial and additional radials

[[Page 156]]

above and below the inter-station radial at 2.5 deg. intervals.
    (e) UHF service contour. For base stations transmitting on the UHF 
channels, the radial distance from the transmitting antenna to the 
service contour along each cardinal radial is calculated as follows:

d=1.726 x h0.35 x p0.18

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 
must be used as the value for h in the above formula.
    (2) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (3) The distance from the transmitting antenna to the service 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the service contour using the formula in paragraph (e) 
of this section with actual HAAT and ERP data for the inter-station 
radial and addition radials above and below the below the inter-station 
radial at 2.5 deg. intervals.
    (f) UHF interfering contour. For base and fixed stations 
transmitting on the UHF channels, the radial distance from the 
transmitting antenna to the interfering contour along each cardinal 
radial is calculated as follows:
    (1) If the radial antenna HAAT is less than 150 meters:

d=9.471 x h0.23 x p0.15

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    Whenever the actual HAAT is less than 30 meters (98 feet), 30 must 
be used as the value for h in the above formula.
    (2) If the radial antenna HAAT is 150 meters or more:

d=6.336 x h0.31 x p0.15

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (3) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (4) The distance from the transmitting antenna to the interfering 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the interfering contour using the appropriate formula in 
paragraph (f) of this section with actual HAAT and ERP data for the 
inter-station radial and additional radials above and below the inter-
station radial at 2.5 deg. intervals.
    (g) Protection for BETRS. In applying the provisions of paragraph 
(a) of this section, if either or both of the transmitters involved is a 
BETRS central office station, the following contour substitutions must 
be used:
    (1) The service contour of the BETRS central office station(s) is a 
circle, centered on the central office station antenna, with a radius of 
40 kilometers (25 miles).
    (2) The interfering contour of any station of any type, when 
determining whether it would overlap the service contour of a BETRS 
central office station, is calculated as follows:

d=36.364 x h0.2 x  p0.1

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    Whenever the actual HAAT is less than 30 meters (98 feet), 30 must 
be used as the value for h in the above formula. The value used for p in 
the above formula must not be less than 27 dB less than the maximum ERP 
in any direction, or 0.1 Watt, whichever is more.
    (h) Assignment of mobile channels to base or fixed transmitters. 
Mobile channels may be assigned to base or fixed transmitters if the 
following criteria are met:

[[Page 157]]

    (1) The paired base channel, as designated in Sec. 22.561, is 
assigned to base transmitters in the same geographical area operated by 
the same licensee.
    (2) The authorization is granted subject to the condition that no 
interference be caused to fixed receivers in use on or prior to the date 
of the grant.



Sec. 22.569  Additional channel policies.

    The rules in this section govern the processing of applications for 
a mobile channel when the applicant has applied or been granted an 
authorization for other mobile channels in the same geographic area. 
This section applies to applications proposing to use the channels 
listed in Sec. 22.561, except applications that propose to use these 
channels to provide paging service only, which are subject to 
Sec. 22.539, instead of this section. The general policy of the FCC is 
to assign no more than two channels in an area to a carrier per 
application cycle. That is, a carrier must apply for no more than two 
channels, receive the authorization, construct the station, provide 
service to subscribers, and notify the FCC of commencement of service to 
subscribers (FCC Form 489) before applying for additional mobile 
channels in that area.
    (a) Transmitters in same area. Any transmitter on any channel listed 
in Sec. 22.561 is considered to be in the same geographic area as 
another transmitter or any other channel listed in Sec. 22.561 if:
    (1) One transmitter location is within the service area of the other 
transmitter; or,
    (2) The area within the overlap of the service contours of the two 
transmitters constitutes 50 percent or more of the service area of 
either of the transmitters.
    (b) Initial channel. The FCC will not assign more than two channels 
for new stations. Stations are considered to be new if there are no 
authorized transmitters on any channel listed in Sec. 22.561 controlled 
by the applicant in the same geographic area.
    (c) Additional channel. Applications for transmitters to be located 
in the same geographic area as an authorized station controlled by the 
applicant, but to operate on a different channel, are considered as 
requests for an additional channel for the authorized station, unless 
paragraph (d) of this section applies.
    (d) Additional transmitters on same channel. Notwithstanding other 
provisions of this section, the following applications are not 
considered to be requests for an additional channel:
    (1) Applications for transmitters to be located in the same 
geographic area as an authorized station controlled by the applicant, 
and to operate on the same paging channel;
    (2) Applications for transmitters to be located within a paging 
geographic area for which the applicant holds the paging geographic area 
authorization for the requested channel; and,
    (3) Applications for paging geographic area authorizations.
    (e) [Reserved]
    (f) Dismissal of application constituting cumulative request for 
more than two channels. If the FCC receives an application for a 
transmitter to be located in the same geographic area as a transmitter 
proposed in a pending application previously filed by the applicant, but 
on different channels such that, considered together, the applications 
would constitute a request for more than two channels, the FCC may 
dismiss the subsequent application without prejudice.
    (g) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting two additional channels (or 
one additional channel) for an authorized station prior to receiving 
notification that the station is providing service to subscribers on all 
(or all except one) of the authorized channels, the FCC may dismiss that 
application without prejudice.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]



Sec. 22.571  Responsibility for mobile stations.

    Mobile stations that are subscribers in good standing to a two-way 
service in the Paging and Radiotelephone Service, when receiving service 
from that station, are considered to be operating under the 
authorization of that station. Licensees are responsible for exercising 
effective operational control over mobile stations receiving service 
through their stations. Mobile stations

[[Page 158]]

that are subscribers in good standing to a two-way service in the Paging 
and Radiotelephone Service, while receiving service from a different 
station, are considered to be operating under the authorization of such 
different station. The licensee of such different station is 
responsible, during such temporary period, for exercising effective 
operational control over such mobile stations as if they were 
subscribers to it.



Sec. 22.573  Use of base transmitters as repeaters.

    As an additional function, base transmitters may be used as 
repeaters. Licensees must be able to turn the base transmitter on or off 
from the control point regardless of whether a subscriber-operated 
transmitter is transmitting.



Sec. 22.575  Use of mobile channel for remote control of station functions.

    Carriers may remotely control station functions (e.g. shut down or 
reactivate base transmitters, turn aviation obstruction warning lights 
on or off, etc.) using a control transmitter operating on a mobile 
channel, subject to the conditions in this section and in 
Sec. 22.567(h).
    (a) The control transmitter must be capable of overriding 
transmissions from subscriber-operated transmitters if necessary. 
Subscriber-operated transmitters must not be capable of being used to 
deliberately or accidentally prevent the licensee from controlling the 
station.
    (b) The licensee must implement measures designed to prevent station 
functions from being controlled by persons not authorized by the 
licensee to control the station.
    (c) The control transmitter location must be within the composite 
service contour of the licensee's authorized station on the paired base 
channel.



Sec. 22.577  Dispatch service.

    Carriers licensed under this subpart may provide dispatch service in 
accordance with the rules in this section.
    (a) Installation without prior FCC approval. A station licensee may 
install or remove dispatch points for subscribers without obtaining 
prior FCC approval. A station licensee may install or remove dispatch 
transmitters for subscribers without applying for specific 
authorization, provided that the following conditions are met.
    (1) Each dispatch transmitter must be able to transmit only on the 
mobile channel that is paired with the channel used by the base station.
    (2) The antenna of the dispatch transmitter must not exceed the 
criteria in Sec. 17.7 of this chapter that determine whether the FAA 
must be notified of the proposed construction.
    (3) The output power of the dispatch transmitter must not exceed 10 
Watts.
    (4) The dispatch transmitter must be incapable of overriding the 
functioning of any control transmitter that may be using the same 
channel.
    (5) The dispatch transmitter must be under the continuous 
supervision of the licensee.
    (b) Notification. Licensees must notify the FCC (FCC Form 489) 
whenever a dispatch transmitter is installed pursuant to paragraph (a) 
of this section. The notification must include the name and address of 
the subscriber(s) for which the dispatch transmitter was installed, the 
location of the dispatch transmitter, the height of antenna structure 
above ground and above mean sea level, the channel(s) used, and the call 
sign and location of the base station.
    (c) Termination without hearing. Operation of a dispatch transmitter 
pursuant to paragraphs (a) and (b) of this section may be terminated by 
the FCC without a hearing upon notice to the licensee.
    (d) Dispatch transmitters requiring authorization. A dispatch 
transmitter that does not meet all of the requirements of paragraph (a) 
of this section may be installed only upon grant of an application for 
authorization therefor (FCC Form 600).
    (e) Permissible communications. A dispatch transmitter operated by a 
subscriber may communicate only with mobile transmitters operated by 
that subscriber through the associated base transmitter.

[59 FR 59507, Nov. 17, 1994, as amended at 60 FR 15495, Mar. 24, 1995]

[[Page 159]]



Sec. 22.579  Operation of mobile transmitters across U.S.-Canada border.

    Mobile stations licensed by Canada may receive two-way service while 
in the United States from stations licensed under this part, after 
authorization has been granted by the FCC. Mobile stations that normally 
operate under the authority of base stations licensed under this part 
may receive two-way service while in Canada from stations licensed under 
this part or by Canada, upon authorization by Canada.



Sec. 22.589  One-way or two-way application requirements.

    In addition to information required by subparts B and D and 
Sec. 22.529, applications for authorization to operate a paging 
transmitter on the channels listed in Sec. 22.531, other than 
applications for a paging geographic area authorization, must contain 
the applicable supplementary information described in this section.
    (a) Interference exhibit. Except as provided in paragraph (b) of 
this section, an exhibit demonstrating compliance with Sec. 22.567 with 
regard to protected transmitters is required. This exhibit must:
    (1) For UHF channels, identify each protected transmitter located 
within 108 kilometers (67 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 76.4 
kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) 
of the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 76.4 kilometers (47.5 miles); and identify 
each protected Basic Exchange Telephone Radio System central office 
transmitter in the Rural Radiotelephone Service within 231 kilometers 
(144 miles),
    (2) For VHF channels, identify each protected transmitter located 
within 135 kilometers (84 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 93.3 
kilometers (58 miles) or less, and within 178 kilometers (111 miles) of 
the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 93.3 kilometers (58 miles).
    (3) For each protected transmitter identified, show the results of 
distance calculations indicating that there would be no overlap of 
service and interfering contours, or alternatively, indicate that the 
licensee of or applicant for the protected transmitter and/or the 
applicant, as required, have agreed in writing to accept any 
interference resulting from operation of the proposed transmitter.
    (b) Encompassment exhibit. An exhibit showing that the area within 
the interfering contour of the proposed transmitter would be totally 
encompassed by interfering contours of operating co-channel base 
transmitters controlled by the applicant is required for applications to 
operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec. 22.565. This encompassment exhibit may substitute 
for the interference exhibit required in paragraph (a) of this section.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]

                        Point-to-Point Operation



Sec. 22.591  Channels for point-to-point operation.

    The following channels are allocated for assignment to fixed 
transmitters that support other transmitters that provide public mobile 
service. Unless otherwise indicated, all channels have a bandwidth of 20 
kHz and are designated by their center frequencies in MegaHertz.

                              VHF Channels
 
72.02              72.36              72.80             75.66
72.04              72.38              72.82             75.68
72.06              72.40              72.84             75.70
72.08              72.42              72.86             75.72
72.10              72.46              72.88             75.74
72.12              72.50              72.90             75.76
72.14              72.54              72.92             75.78
72.16              72.58              72.94             75.80
72.18              72.62              72.96             75.82
72.20              72.64              72.98             75.84
                         VHF Channels--Continued
72.22              72.66              75.42             75.86
72.24              72.68              75.46             75.88
72.26              72.70              75.50             75.90
72.28              72.72              75.54             75.92
72.30              72.74              75.58             75.94
72.32              72.76              75.62             75.96
72.34              72.78              75.64             75.98
 
72.10              72.46              72.88             75.74
72.12              72.50              72.90             75.76
72.14              72.54              72.92             75.78
72.16              72.58              72.94             75.80
72.18              72.62              72.96             75.82

[[Page 160]]

 
72.20              72.64              72.98             75.84
72.22              72.66              75.42             75.86
72.24              72.68              75.46             75.88
72.26              72.70              75.50             75.90
72.28              72.72              75.54             75.92
72.30              72.74              75.58             75.94
72.32              72.76              75.62             75.96
72.34              72.78              75.64             75.98
 
                      UHF Channels--State of Hawaii
 



488.250..........................  491.250  489.750............  492.750
488.750..........................  491.750  490.250............  493.250
489.250..........................  492.250  490.750............  493.750
 


                           Microwave Channels
                    [Bandwidth individually assigned]
 
 
------------------------------------------------------------------------
2110.1                               2160.1
2110.2                               2160.2
2110.3                               2160.3
2129.9                               2179.9
------------------------------------------------------------------------

    (a) The 72-76 MHz channels may be assigned under developmental 
authority pursuant to the requirements of Sec. 22.413. The 72-76 MHz 
channels may also be used in point-to-multipoint configurations. The 72-
76 MHz channels are also allocated for assignment in the Private Radio 
Services (see part 90 of this chapter).
    (b) Channels in the frequency ranges 2110-2130 and 2160-2180 MHz are 
also allocated for assignment in the broadband Personal Communications 
Service (see part 24 of this chapter), the Multipoint Distribution 
Service and the Point-to-Point Microwave Radio Service (see part 21 of 
this chapter). Assignment of channels in these ranges is subject to the 
transition rules in Sec. 22.602.
    (c) Channels in the frequency ranges 488.250-490.750 and 491.250-
493.750 MHz may be assigned only to inter-island fixed stations located 
in the State of Hawaii.

[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]



Sec. 22.593  Effective radiated power limits.

    The effective radiated power of fixed stations operating on the 
channels listed in Sec. 22.591 must not exceed 150 Watts. The equivalent 
isotropic radiated power of fixed stations operating in the frequency 
ranges 2110-2130 and 2160-2180 MHz must not exceed the limits set forth 
in part 21 of this chapter for stations operating in these frequency 
ranges.



Sec. 22.599  Assignment of 72-76 MHz channels.

    Because of the potential for interference to the reception of TV 
Channels 4 and 5 by broadcast television sets and video recorders, 
assignments of the 72-76 MHz channels are subject to the following 
conditions:
    (a) Assignments of 72-76 MHz channels for use within 129 kilometers 
(80 miles) of a full service TV station transmitting on TV Channel 4 or 
5 are subject to the condition that the licensee must eliminate any 
interference caused to television reception on TV Channels 4 and 5. If 
the FCC notifies the licensee of an interference problem and the 
licensee does not resolve the problem within 90 days of such 
notification, operation of the interfering 72-76 MHz fixed station must 
be immediately discontinued.
    (b) 72-76 MHz channels may be assigned for use within 16 kilometers 
(10 miles) of a full service TV station transmitting on TV Channel 4 or 
5 under a developmental authorization, pursuant to Sec. 22.413. However, 
for use within 50 meters (164 feet) of a TV station transmitting on TV 
Channel 4 or 5, 72-76 MHZ channels may be assigned under a regular 
authorization, rather than a developmental authorization.



Sec. 22.601  Assignment of microwave channels.

    Assignment of the microwave channels listed in Sec. 22.591 is 
subject to the transition rules in Sec. 22.602. No new systems will be 
authorized under this part.
    (a) Coordination required. Before filing applications for authority 
to modify existing stations on these channels or major amendments to 
such applications, carriers must coordinate the planned channel usage, 
using the procedure outlined in Sec. 22.150, with affected parties in 
this radio service and the Point-to-Point Microwave Service and the 
Multipoint Distribution Service. Affected parties are licensees and 
other applicants with previously filed pending applications whose 
stations could affect or be affected by the proposed

[[Page 161]]

modification of the existing station in terms of interference.
    (b) System parameters. In designing a system modification, the 
applicant must select sites, equipment and channels that will avoid 
harmful interference to other users. All parties 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, a party receiving notification is not obligated to 
suggest changes or re-design a proposal in cases involving conflicts. 
The applicant must identify in the application all parties with which 
the technical proposal was coordinated. In the event that technical 
problems are not resolved or if an affected party does not respond to 
coordination efforts within 30 days after notification, an explanation 
must be contained in the application. Where technical conflicts are 
resolved by an agreement between the parties that requires special 
procedures to reduce the likelihood of harmful interference (such as the 
use of artificial site shielding), or would result in a reduction of 
quality or capacity of either system, the details thereof must be 
contained in the application.
    (c) Bandwidth. Applicants must request the minimum emission 
bandwidth necessary. The FCC does not authorize bandwidths larger than 
800 kHz under this part.



Sec. 22.602  Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies.

    The microwave channels listed in Sec. 22.591 have been allocated for 
use by emerging technologies (ET) services. No new systems will be 
authorized under this part. The rules in this section provide for a 
transition period during which existing Paging and Radiotelephone 
Service (PARS) licensees using these channels may relocate operations to 
other media or to other fixed channels, including those in other 
microwave bands. For PARS licensees relocating operations to other 
microwave bands, authorization must be obtained under part 101 of this 
chapter.
    (a) Licensees proposing to implement ET services may negotiate with 
PARS licensees authorized to use these channels, for the purpose of 
agreeing to terms under which the PARS licensees would--
    (1) Relocate their operations to other fixed microwave bands or 
other media, or alternatively,
    (2) Accept a sharing arrangement with the ET licensee that may 
result in an otherwise impermissible level of interference to the PARS 
operations.
    (b) PARS operations on these channels will continue to be co-primary 
with other users of this spectrum until two years after the FCC 
commences acceptance of applications for ET services, and until one year 
after an ET licensee initiates negotiations for relocation of the fixed 
microwave licensee's operations.
    (c) Voluntary Negotiations. During the two year voluntary 
negotiation period, negotiations are strictly voluntary and are not 
defined by any parameters. However, if the parties have not reached an 
agreement within one year after the commencement of the voluntary 
period, the PARS licensee must allow the ET licensee (if it so chooses) 
to gain access to the existing facilities to be relocated so that an 
independent third party can examine the PARS licensee's 2 GHz system and 
prepare an estimate of the cost and the time needed to relocate the PARS 
licensee to comparable facilities. The ET licensee must pay for any such 
estimate.
    (d) Mandatory Negotiations. If a relocation agreement is not reached 
during the two year voluntary period, the ET licensee may initiate a 
mandatory negotiation period. This mandatory period is triggered at the 
option of the ET licensee, but ET licensees may not invoke their right 
to mandatory negotiation until the voluntary negotiation period has 
expired. Once mandatory negotiations have begun, a PARS licensee may not 
refuse to negotiate and all parties are required to negotiate in good 
faith. Good faith requires each party to provide information to the 
other that is reasonably necessary to facilitate the relocation process. 
In evaluating claims that a party has not negotiated in good faith, the 
FCC will consider, inter alia, the following factors:
    (1) Whether the ET licensee has made a bona fide offer to relocate 
the PARS

[[Page 162]]

licensee to comparable facilities in accordance with Section 101.75(b) 
of this chapter;
    (2) If the PARS licensee has demanded a premium, the type of premium 
requested (e.g., whether the premium is directly related to relocation, 
such as system-wide relocations and analog-to-digital conversions, 
versus other types of premiums), and whether the value of the premium as 
compared to the cost of providing comparable facilities is 
disproportionate (i.e., whether there is a lack of proportion or 
relation between the two);
    (3) What steps the parties have taken to determine the actual cost 
of relocation to comparable facilities;
    (4) Whether either party has withheld information requested by the 
other party that is necessary to estimate relocation costs or to 
facilitate the relocation process. Any party alleging a violation of our 
good faith requirement must attach an independent estimate of the 
relocation costs in question to any documentation filed with the 
Commission in support of its claim. An independent cost estimate must 
include a specification for the comparable facility and a statement of 
the costs associated with providing that facility to the incumbent 
licensee.
    (e) Involuntary period. After the periods specified in paragraph (b) 
of this section have expired, ET licensees may initiate involuntary 
relocation procedures under the Commission's rules. ET licensees are 
obligated to pay to relocate only the specific microwave links to which 
their systems pose an interference problem. Under involuntary 
relocation, a PARS licensee is required to relocate, provided that:
    (1) The ET applicant, provider, licensee or representative 
guarantees payment of relocation costs, including all engineering, 
equipment, site and FCC fees, as well as any legitimate and prudent 
transaction expenses incurred by the PARS licensee that are directly 
attributable to an involuntary relocation, subject to a cap of two 
percent of the hard costs involved. Hard costs are defined as the actual 
costs associated with providing a replacement system, such as equipment 
and engineering expenses. ET licensees are not required to pay PARS 
licensees for internal resources devoted to the relocation process. ET 
licensees are not required to pay for transaction costs incurred by PARS 
licensees during the voluntary or mandatory periods once the involuntary 
period is initiated or for fees that cannot be legitimately tied to the 
provision of comparable facilities;
    (2) The ET applicant, provider, licensee or representative completes 
all activities necessary for implementing the replacement facilities, 
including engineering and cost analysis of the relocation procedure and, 
if radio facilities are involved, identifying and obtaining, on the 
incumbents behalf, new channels and frequency coordination; and,
    (3) The ET applicant, provider, licensee or representative builds 
the replacement system and tests it for comparability with the existing 
2 GHz system.
    (f) Comparable Facilities. The replacement system provided to an 
incumbent during an involuntary relocation must be at least equivalent 
to the existing PARS system with respect to the following three factors:
    (1) Throughput. Communications throughput is the amount of 
information transferred within a system in a given amount of time. If 
analog facilities are being replaced with analog, the ET licensee is 
required to provide the PARS licensee with an equivalent number of 4 kHz 
voice channels. If digital facilities are being replaced with digital, 
the ET licensee must provide the PARS licensee with equivalent data 
loading bits per second (bps). ET licensees must provide PARS licensees 
with enough throughput to satisfy the PARS licensee's system use at the 
time of relocation, not match the total capacity of the PARS system.
    (2) Reliability. System reliability is the degree to which 
information is transferred accurately within a system. ET licensees must 
provide PARS licensees with reliability equal to the overall reliability 
of their system. For digital data systems, reliability is measured by 
the percent of time the bit error rate (BER) exceeds a desired value, 
and for analog or digital voice transmissions, it is measured by the 
percent of time that audio signal quality meets an established 
threshold. If

[[Page 163]]

an analog voice system is replaced with a digital voice system, only the 
resulting frequency response, harmonic distortion, signal-to-noise ratio 
and its reliability will be considered in determining comparable 
reliability.
    (3) Operating Costs. Operating costs are the cost to operate and 
maintain the PARS system. ET licensees must compensate PARS licensees 
for any increased recurring costs associated with the replacement 
facilities (e.g. additional rental payments, increased utility fees) for 
five years after relocation. ET licensees may satisfy this obligation by 
making a lump-sum payment based on present value using current interest 
rates. Additionally, the maintenance costs to the PARS licensee must be 
equivalent to the 2 GHz system in order for the replacement system to be 
considered comparable.
    (g) The PARS 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.
    (h) The Commission's Twelve-Month Trial Period. If, within one year 
after the relocation to new facilities, the PARS licensee demonstrates 
that the new facilities are not comparable to the former facilities, the 
ET applicant, provider, licensee or representative must remedy the 
defects or pay to relocate the PARS licensee to one of the following: 
its former or equivalent 2 GHz channels, another comparable frequency 
band, a land-line system, or any other facility that satisfies the 
requirements specified in paragraph (f) of this section. This trial 
period commences on the date that the PARS licensee begins full 
operation of the replacement link. If the PARS licensee has retained its 
2 GHz authorization during the trial period, it must return the license 
to the Commission at the end of the twelve months.
    (i) After April 25, 1996, all major modifications and extensions to 
existing PARS systems operating on channels in the 2110-2130 and 2160-
2180 MHz bands will be authorized on a secondary basis to future ET 
operations. All other modifications will render the modified PARS 
license secondary to future ET operations unless the incumbent 
affirmatively justifies primary status and the incumbent PARS licensee 
establishes that the modification would not add to the relocation costs 
of ET licensees. Incumbent PARS licensees will maintain primary status 
for the following technical changes:
    (1) Decreases in power;
    (2) Minor changes (increases or decreases) in antenna height;
    (3) Minor location changes (up to two seconds);
    (4) Any data correction which does not involve a change in the 
location of an existing facility;
    (5) Reductions in authorized bandwidth;
    (6) Minor changes (increases or decreases) in structure height;
    (7) Changes (increases or decreases) in ground elevation that do not 
affect centerline height;
    (8) Minor equipment changes.
    (j) Sunset. PARS licensees will maintain primary status in the 2110-
2130 and 2160-2180 MHz bands unless and until an ET licensee requires 
use of the spectrum. ET licensees are not required to pay relocation 
costs after the relocation rules sunset (i.e. ten years after the 
voluntary period begins for the first ET licensees in the service). Once 
the relocation rules sunset, an ET licensee may require the incumbent to 
cease operations, provided that the ET licensee intends to turn on a 
system within interference range of the incumbent, as determined by TIA 
Bulletin 10-F or any standard successor. ET licensee notification to the 
affected PARS licensee must be in writing and must provide the incumbent 
with no less than six months to vacate the spectrum. After the six-month 
notice period has expired, the PARS licensee must turn its license back 
into the Commission, unless the parties have entered into an agreement 
which allows the PARS licensee to continue to operate on a mutually 
agreed upon basis. If the parties cannot agree on a schedule or an 
alternative arrangement, requests for extension will be accepted and 
reviewed on a case-by-case basis. The Commission will grant such 
extensions only if the incumbent can demonstrate that:

[[Page 164]]

    (1) It cannot relocate within the six-month period (e.g., because no 
alternative spectrum or other reasonable option is available), and;
    (2) The public interest would be harmed if the incumbent is forced 
to terminate operations (e.g., if public safety communications services 
would be disrupted).

[61 FR 29689, June 12, 1996]



Sec. 22.603  488-494 MHz fixed service in Hawaii.

    Before filing applications for authorization of inter-island control 
and/or repeater stations, applicants must coordinate the planned channel 
usage with existing licensees and other applicants with previously filed 
applications, using the procedure outlined in Sec. 22.150. Applicants 
and licensees shall cooperate fully and make reasonable efforts to 
resolve any channel usage conflicts. In situations where technical 
solutions to such conflicts cannot be devised, the FCC may select a 
channel or channels to assign or may designate the application(s) for 
hearing. To be acceptable for filing, applications and major technical 
amendments must contain a certification that coordination has been 
completed and an exhibit listing the name(s) of the licensees and 
applicants with which the planned channel usage has been coordinated.

                      Point-to-Multipoint Operation



Sec. 22.621  Channels for point-to-multipoint operation.

    The following channels are allocated for assignment to transmitters 
utilized within point-to-multipoint systems that support transmitters 
that provide public mobile service. Unless otherwise indicated, all 
channels have a bandwidth of 20 kHz and are designated by their center 
frequencies in MegaHertz.

                           Public Mobile Pool
 
                           (25 kHz bandwidth)
 
928.8625........................  959.8625  928.9375..........  959.9375
928.8875........................  959.8875  928.9625..........  959.9625
928.9125........................  959.9125  928.9875..........  959.9875
 
                          (12.5 kHz bandwidth)
 
928.85625.......................  959.8562  928.93125.........  959.9312
                                   5                             5
928.86875.......................  959.8687  928.94375.........  959.9437
                                   5                             5
928.88125.......................  959.8812  928.95625.........  959.9562
                                   5                             5
928.89375.......................  959.8937  928.96875.........  959.9687
                                   5                             5
928.90625.......................  959.9062  928.98125.........  959.9812
                                   5                             5
928.91875.......................  959.9187  928.99375.........  959.9937
                                   5                             5
 
                    Private Radio General Access Pool
 
                           (25 kHz bandwidth)
 
956.2625........................  956.3125  956.3625..........  956.4125
956.2875........................  956.3375  956.3875..........  956.4375
 
928.0125........................  952.0125  928.1875..........  952.1875
928.0375........................  952.0375  928.2125..........  952.2125
928.0625........................  952.0625  928.2375..........  952.2375
928.0875........................  952.0875  928.2625..........  952.2625
928.1125........................  952.1125  928.2875..........  952.2875
928.1375........................  952.1375  928.3125..........  952.3125
928.1625........................  952.1625  928.3375..........  952.3375
 
                          (12.5 kHz bandwidth)
 
956.25625.......................  956.3062  956.35625.........  956.4062
                                   5                             5
956.26875.......................  956.3187  956.36875.........  956.4187
                                   5                             5
956.28125.......................  956.3312  956.38125.........  956.4312
                                   5                             5
956.29375.......................  956.3437  956.39375.........  956.4437
                                   5                             5
 
928.00625.......................  952.0062  928.18125.........  952.1812
                                   5                             5
928.01875.......................  952.0187  928.19375.........  952.1937
                                   5                             5
928.03125.......................  952.0312  928.20625.........  952.2062
                                   5                             5
928.04375.......................  952.0437  928.21875.........  952.2187
                                   5                             5
928.05625.......................  952.0562  928.23125.........  952.2312
                                   5                             5
928.06875.......................  952.0687  928.24375.........  952.2437
                                   5                             5
928.08125.......................  952.0812  928.25625.........  952.2562
                                   5                             5
928.09375.......................  952.0937  928.26875.........  952.2687
                                   5                             5
928.10625.......................  952.1062  928.28125.........  952.2812
                                   5                             5
928.11875.......................  952.1187  928.29375.........  952.2937
                                   5                             5
928.13125.......................  952.1312  928.30625.........  952.3062
                                   5                             5
928.14375.......................  952.1437  928.31875.........  952.3187
                                   5                             5
928.15625.......................  952.1562  928.33125.........  952.3312
                                   5                             5
928.16875.......................  952.1687  928.34375.........  952.3437
                                   5                             5
 
                        Private Radio Power Pool
 
                           (25 kHz bandwidth)
 
928.3625........................  952.3625  928.6125..........  952.6125
928.3875........................  952.3875  928.6375..........  952.6375
928.4125........................  952.4125  928.6625..........  952.6625
928.4375........................  952.4375  928.6875..........  952.6875
928.4625........................  952.4625  928.7125..........  952.7125
928.4875........................  952.4875  928.7375..........  952.7375
928.5125........................  952.5125  928.7625..........  952.7625
928.5375........................  952.5375  928.7875..........  952.7875
928.5625........................  952.5625  928.8125..........  952.8125
928.5875........................  952.5875  928.8375..........  952.8375
 
                          (12.5 kHz bandwidth)
 
928.35625.......................  952.3562  928.60625.........  952.6062
                                   5                             5
928.36875.......................  952.3687  928.61875.........  952.6187
                                   5                             5
928.38125.......................  952.3812  928.63125.........  952.6312
                                   5                             5
928.39375.......................  952.3937  928.64375.........  952.6437
                                   5                             5
928.40625.......................  952.4062  928.65625.........  952.6562
                                   5                             5
928.41875.......................  952.4187  928.66875.........  952.6687
                                   5                             5
928.43125.......................  952.4312  928.68125.........  952.6812
                                   5                             5
928.44375.......................  952.4437  928.69375.........  952.6937
                                   5                             5
928.45625.......................  952.4562  928.70625.........  952.7062
                                   5                             5
928.46875.......................  952.4687  928.71875.........  952.7187
                                   5                             5
928.48125.......................  952.4812  928.73125.........  952.7312
                                   5                             5
928.49375.......................  952.4937  928.74375.........  952.7437
                                   5                             5
928.50625.......................  952.5062  928.75625.........  952.7562
                                   5                             5
928.51875.......................  952.5187  928.76875.........  952.7687
                                   5                             5
928.53125.......................  952.5312  928.78125.........  952.7812
                                   5                             5
928.54375.......................  952.5437  928.79375.........  952.7937
                                   5                             5
928.55625.......................  952.5562  928.80625.........  952.8062
                                   5                             5
928.56875.......................  952.5687  928.81875.........  952.8187
                                   5                             5
928.58125.......................  952.5812  928.83125.........  952.8312
                                   5                             5
928.59375.......................  952.5937  928.84375.........  952.8437
                                   5                             5
 
                 Public, Private, Government Shared Pool
 
                          (12.5 kHz bandwidth)
 
932.00625.......................  941.0062  932.25625.........  941.2562
                                   5                             5
932.01875.......................  941.0187  932.26875.........  941.2687
                                   5                             5
932.03125.......................  941.0312  932.28125.........  941.2812
                                   5                             5
932.04375.......................  941.0437  932.29375.........  941.2937
                                   5                             5
932.05625.......................  941.0562  932.30625.........  941.3062
                                   5                             5

[[Page 165]]

 
932.06875.......................  941.0687  932.31875.........  941.3187
                                   5                             5
932.08125.......................  941.0812  932.33125.........  941.3312
                                   5                             5
932.09375.......................  941.0937  932.34375.........  941.3437
                                   5                             5
932.10625.......................  941.1062  932.35625.........  941.3562
                                   5                             5
932.11875.......................  941.1187  932.36875.........  941.3687
                                   5                             5
932.13125.......................  941.1312  932.38125.........  941.3812
                                   5                             5
932.14375.......................  941.1437  932.39375.........  941.3937
                                   5                             5
932.15625.......................  941.1562  932.40625.........  941.4062
                                   5                             5
932.16875.......................  941.1687  932.41875.........  941.4187
                                   5                             5
932.18125.......................  941.1812  932.43125.........  941.4312
                                   5                             5
932.19375.......................  941.1937  932.44375.........  941.4437
                                   5                             5
932.20625.......................  941.2062  932.45625.........  941.4562
                                   5                             5
932.21875.......................  941.2187  932.46875.........  941.4687
                                   5                             5
932.23125.......................  941.2312  932.48125.........  941.4812
                                   5                             5
932.24375.......................  941.2437  932.49375.........  941.4937
                                   5                             5
 
                  UHF Channels in Specified Urban Areas
 
                                 Boston
 
470.0125........................  473.0125  482.0125..........  485.0125
470.0375........................  473.0375  482.0375..........  485.0375
470.0625........................  473.0625  482.0625..........  485.0625
470.0875........................  473.0875  482.0875..........  485.0875
470.1125........................  473.1125  482.1125..........  485.1125
470.1375........................  473.1375  482.1375..........  485.1375
470.1625........................  473.1625  482.1625..........  485.1625
470.1875........................  473.1875  482.1875..........  485.1875
470.2125........................  473.2125  482.2125..........  485.2125
470.2375........................  473.2375  482.2375..........  485.2375
470.2625........................  473.2625  482.2625..........  485.2625
470.2875........................  473.2875  482.2875..........  485.2875
 
                           Chicago, Cleveland
 
470.0125........................  473.0125  476.0125..........  479.0125
470.0375........................  473.0375  476.0375..........  479.0375
470.0625........................  473.0625  476.0625..........  479.0625
470.0875........................  473.0875  476.0875..........  479.0875
470.1125........................  473.1125  476.1125..........  479.1125
470.1375........................  473.1375  476.1375..........  479.1375
470.1625........................  473.1625  476.1625..........  479.1625
470.1875........................  473.1875  476.1875..........  479.1875
470.2125........................  473.2125  476.2125..........  479.2125
470.2375........................  473.2375  476.2375..........  479.2375
470.2625........................  473.2625  476.2625..........  479.2625
470.2875........................  473.2875  476.2875..........  479.2875
 
                    New York-Northeastern New Jersey
 
470.0125........................  470.1625  476.0125..........  476.1625
470.0375........................  470.1875  476.0375..........  476.1875
470.0625........................  470.2125  476.0625..........  476.2125
470.0875........................  470.2375  476.0875..........  476.2375
470.1125........................  470.2625  476.1125..........  476.2625
470.1375........................  470.2875  476.1375..........  476.2875
 
                           Dallas-Forth Worth
 
482.0125........................  482.1625  485.0125..........  485.1625
482.0375........................  482.1875  485.0375..........  485.1875
482.0625........................  482.2125  485.0625..........  485.2125
482.0875........................  482.2375  485.0875..........  485.2375
482.1125........................  482.2625  485.1125..........  485.2625
482.1375........................  482.2875  485.1375..........  485.2875
 
                                 Detroit
 
476.0125........................  479.0125  482.0125..........  485.0125
476.0375........................  479.0375  482.0375..........  485.0375
476.0625........................  479.0625  482.0625..........  485.0625
476.0875........................  479.0875  482.0875..........  485.0875
476.1125........................  479.1125  482.1125..........  485.1125
476.1375........................  479.1375  482.1375..........  485.1375
476.1625........................  479.1625  482.1625..........  485.1625
476.1875........................  479.1875  482.1875..........  485.1875
476.2125........................  479.2125  482.2125..........  485.2125
476.2375........................  479.2375  482.2375..........  485.2375
476.2625........................  479.2625  482.2625..........  485.2625
476.2875........................  479.2875  482.2875..........  485.2875
 
                                 Houston
 
488.1625........................  491.1625  488.2375..........  491.2375
488.1875........................  491.1875  488.2625..........  491.2625
488.2125........................  491.2125  488.2875..........  491.2875
 
                               Los Angeles
 
470.0125........................  473.0125  506.0625..........  509.0625
470.0375........................  473.0375  506.0875..........  509.0875
506.0125........................  509.0125  506.1125..........  509.1125
506.0375........................  509.0375    ................
 
                                  Miami
 
470.0125........................  470.1625  473.0125..........  473.1625
470.0375........................  470.1875  473.0375..........  473.1875
470.0625........................  470.2125  473.0625..........  473.2125
470.0875........................  470.2375  473.0875..........  473.2375
470.1125........................  470.2625  473.1125..........  473.2625
470.1375........................  470.2875  473.1375..........  473.2875
 
                              Philadelphia
 
500.0125........................  503.0125  506.0125..........  509.0125
500.0375........................  503.0375  506.0375..........  509.0375
500.0625........................  503.0625  506.0625..........  509.0625
500.0875........................  503.0875  506.0875..........  509.0875
500.1125........................  503.1125  506.1125..........  509.1125
500.1375........................  503.1375  506.1375..........  509.1375
500.1625........................  503.1625  506.1625..........  509.1625
500.1875........................  503.1875  506.1875..........  509.1875
500.2125........................  503.2125  506.2125..........  509.2125
500.2375........................  503.2375  506.2375..........  509.2375
500.2625........................  503.2625  506.2625..........  509.2625
500.2875........................  503.2875  506.2875..........  509.2875
 
                               Pittsburgh
 
470.0125........................  470.1625  473.0125..........  473.1625
470.0375........................  470.1875  473.0375..........  473.1875
470.0625........................  470.2125  473.0625..........  473.2125
470.0875........................  470.2375  473.0875..........  473.2375
470.1125........................  470.2625  473.1125..........  473.2625
470.1375........................  470.2875  473.1375..........  473.2875
 
                              San Francisco
 
482.0125........................  485.0125  488.0125..........  491.0125
482.0375........................  485.0375  488.0375..........  491.0375
482.0625........................  485.0625  488.0625..........  491.0625
482.0875........................  485.0875  488.0875..........  491.0875
482.1125........................  485.1125  488.1125..........  491.1125
482.1375........................  485.1375  488.1375..........  491.1375
482.1625........................  485.1625  488.1625..........  491.1625
482.1875........................  485.1875  488.1875..........  491.1875
482.2125........................  485.2125  488.2125..........  491.2125
482.2375........................  485.2375  488.2375..........  491.2375
482.2625........................  485.2625  488.2625..........  491.2625
482.2875........................  485.2875  488.2875..........  491.2875
 
                             Washington, DC
 
488.0125........................  491.0125  494.0125..........  497.0125
488.0375........................  491.0375  494.0375..........  497.0375
488.0625........................  491.0625  494.0625..........  497.0625
488.0875........................  491.0875  494.0875..........  497.0875
488.1125........................  491.1125  494.1125..........  497.1125
488.1375........................  491.1375  494.1375..........  497.1375
488.1625........................  491.1625  494.1625..........  497.1625
488.1875........................  491.1875  494.1875..........  497.1875
488.2125........................  491.2125  494.2125..........  497.2125
488.2375........................  491.2375  494.2375..........  497.2375
488.2625........................  491.2625  494.2625..........  497.2625
488.2875........................  491.2875  494.2875..........  497.2875
 

    (a) Channels in the Private Radio General Access Pool and the 
Private Radio Power Pool may be assigned only if the applicant shows 
that none of the channels in the Public Mobile Pool are available for 
the proposed use.
    (b) Channels in the Public, Private, Government Shared Pool are 
allocated

[[Page 166]]

for assignment in the Private Operational-Fixed Microwave Service (47 
CFR part 94) and to U.S. government fixed stations.

[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995, as amended at 61 
FR 54099, Oct. 17, 1996]



Sec. 22.623  System configuration.

    This section requires a minimum configuration for point-to-
multipoint systems using the channels listed in Sec. 22.621.
    (a) 928-960 MHz. The channels may be assigned, individually or 
paired, only to fixed transmitters in a system that controls at least 
four public mobile base transmitters that transmit on the same channel. 
If a 932-933 MHz channel and a 941-942 MHz channel are assigned as a 
pair, the 941-942 MHz channel must be assigned only to control 
transmitters; the 932-933 MHz channel may be assigned to control or 
fixed relay transmitters.
    (b) 470-512 MHz. These channels may be assigned only individually 
(unpaired), to control transmitters that directly control at least four 
public mobile base transmitters that transmit on the same channel. Fixed 
relay transmitters are not authorized.
    (c) Selection and assignment. The FCC selects and assigns a channel 
when granting applications for authorization to operate a new station to 
transmit in the 470-512, 932-933 and 941-942 MHz frequency ranges. 
Applicants having a preference may request the assignment of a specific 
channel or channel pair, but the FCC may in some cases be unable to 
satisfy such requests.



Sec. 22.625  Transmitter locations.

    This section governs where point-to-multipoint transmitters on the 
channels listed in Sec. 22.621 may be located.
    (a) 928-960 MHz. In this frequency range, the required minimum 
distance separation between co-channel fixed transmitters is 113 
kilometers (70 miles). However, this requirement may be waived if the 
applicant submits an engineering analysis that shows that no 
interference would be caused to either system. In such a case, a 
developmental authorization may be issued (see Sec. 22.415). If no 
interference is experienced during the term of the developmental 
authorization, the licensee may apply for a regular authorization.
    (b) 470-512 MHz. The purpose of the rule in paragraph (b)(1) of this 
section is to define the areas in which the 470-512 MHz channels are 
allocated for public mobile use. The purpose of the rules in paragraphs 
(b)(2) and (b)(3) of this section is to reduce the likelihood that 
interference to television reception from public mobile operations on 
these channels will occur.
    (1) Control transmitter locations. Control transmitter locations 
must be within 80 kilometers (50 miles) of the designated locations in 
this paragraph.

------------------------------------------------------------------------
                                                                  W.
                  Urban area                    N. latitude   longitude
------------------------------------------------------------------------
Boston, MA....................................  42 deg.21'2
                                                         4"  71 deg.03'2
                                                                      4"
Chicago, IL...................................  41 deg.52'2
                                                         8"  87 deg.38'2
                                                                      2"
Cleveland, OH.................................  41 deg.29'5
                                                         1"  81 deg.41'5
                                                                      0"
Dallas, TX....................................  32 deg.47'0
                                                         9"  96 deg.47'3
                                                                      7"
Detroit, MI...................................  42 deg.19'4
                                                         8"  83 deg.02'5
                                                                      7"
Houston, TX...................................  29 deg.45'2
                                                         6"  95 deg.21'3
                                                                      7"
Los Angeles, CA...............................  34 deg.03'1
                                                         5"  118 deg.14'
                                                                     28"
Miami, FL.....................................  25 deg.46'3
                                                         7"  80 deg.11'3
                                                                      2"
New York, NY..................................  40 deg.45'0
                                                         6"  73 deg.59'3
                                                                      9"
Philadelphia, PA..............................  39 deg.56'5
                                                         8"  75 deg.09'2
                                                                      1"
Pittsburgh, PA................................  40 deg.26'1
                                                         9"  80 deg.00'0
                                                                      0"
San Francisco-Oakland, CA.....................  37 deg.46'3
                                                         9"  122 deg.24'
                                                                     40"
Washington, DC................................  38 deg.53'5
                                                         1"  77 deg.00'3
                                                                      3"
------------------------------------------------------------------------

    (2) Protection from intermodulation interference. Control 
transmitter locations must be at least 1.6 kilometers (1 mile) from the 
main transmitter locations of all TV stations transmitting on TV 
channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV 
channel containing the frequencies on which the control station will 
transmit. This requirement is intended to reduce the likelihood of 
intermodulation interference.
    (3) Co-channel protection from control transmitters with high 
antennas. This paragraph applies only to control transmitters that 
utilize an antenna height of more than 152 meters (500 feet) above 
average terrain. The distance between the location of such a control 
transmitter and the applicable protected TV station location specified 
in this paragraph must equal or exceed the sum of the distance from the 
control transmitter location to the radio horizon in the direction of 
the specified location and 89 kilometers (55 miles--representing the 
distance from the main transmitter location of the TV station to its 
Grade B contour in the

[[Page 167]]

direction of the control transmitter). The protected TV station 
locations in this paragraph are the locations of record as of September 
1974, and these do not change even though the TV stations may have been 
subsequently relocated.
    (i) The protected TV station locations are as follows:

------------------------------------------------------------------------
  Control transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC 38 deg.57'17" 77
                                          deg.00'17"
476-482 MHz............................  Lancaster, PA 40 deg.15'45" 76
                                          deg.27'49"
------------------------------------------------------------------------

    (ii) The distance to the radio horizon is calculated using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR17NO94.008

where

d is the distance to the radio horizon in kilometers
h is the height of the antenna center of radiation above ground level in 
meters



Sec. 22.627  Effective radiated power limits.

    The effective radiated power (ERP) of transmitters operating on the 
channels listed in Sec. 22.621 must not exceed the limits in this 
section.
    (a) Maximum ERP. The ERP must not exceed the applicable limits in 
this paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (watts)
------------------------------------------------------------------------
470-512....................................................         1000
928-929....................................................           50
932-933....................................................           30
941-942....................................................          600
952-960....................................................          150
------------------------------------------------------------------------

    (b) 470-512 MHz limits. The purpose of the rules in paragraphs 
(b)(1) through (b)(3) of this section is to reduce the likelihood that 
interference to television receiption from public mobile operations on 
these channels will occur. The protected TV station locations specified 
in this section are the locations of record as of September 1974, and 
these do not change even though the TV stations may have been 
subsequently relocated.
    (1) Co-channel protection. The ERP of control transmitters must not 
exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) 
of this section. The limits depend upon the height above average terrain 
of the control transmitter antenna and the distance between the control 
transmitter and the nearest protected TV station location in paragraph 
(b)(1)(i) of this section.
    (i) The protected TV station locations are as follows:

----------------------------------------------------------------------------------------------------------------
               Control transmitter frequency range                         Protected TV station location
----------------------------------------------------------------------------------------------------------------
470-476 MHz......................................................            Jacksonville, IL  39 deg.45'52"  90
                                                                                                     deg.30'29".
                                                                             Mt. Pleasant, MI  43 deg.34'24"  84
                                                                                                     deg.46'21".
                                                                       Oxford, OH  39 deg.30'26"  84 deg.44'09".
                                                                   Washington, DC  38 deg.57'17"  77 deg.00'17".
476-482 MHz......................................................   Champaign, IL  40 deg.04'11"  87 deg.54'45".
                                                                      Madison, WI  43 deg.03'01"  89 deg.29'15".
                                                                              Parkersburg, WV  39 deg.20'50"  81
                                                                                                     deg.33'56".
                                                                   Fort Wayne, IN  41 deg.05'35"  85 deg.10'42".
                                                                    Lancaster, PA  40 deg.15'45"  76 deg.27'49".
482-488 MHz......................................................  South Bend, IN  41 deg.36'26"  86 deg.27'48".
488-494 MHz......................................................            Philadelphia, PA  40 deg.02'30"  75
                                                                                                     deg.14'24".
494-500 MHz......................................................                                           None.
500-506 MHz......................................................   Johnstown, PA  40 deg.19'47"  78 deg.53'45".
506-512 MHz......................................................  Washington, DC  38 deg.57'49"  77 deg.06'18".
                                                                    Waterbury, CT  41 deg.31'02"  73 deg.01'00".
----------------------------------------------------------------------------------------------------------------

    (ii) Table E-3 and E-4 apply to control transmitters in the New 
York-Northeastern New Jersey and Cleveland urban areas that transmit on 
channels in the 476-482 MHz range and to control transmitters in the 
Detroit urban area that transmit on channels in the 482-488 MHz range.
    (iii) Tables E-5 and E-6 apply to all control transmitters except 
those to which Tables E-3 and E-4 apply.

[[Page 168]]

    (2) Adjacent channel protection. The ERP of control transmitters 
must not exceed the limits in Table E-7. The limits depend upon the 
height above average terrain of the control transmitter antenna and the 
distance between the control transmitter and the nearest protected TV 
station location listed in this paragraph. The protected TV station 
locations are as follows:

------------------------------------------------------------------------
   Control transmitter frequency       Protected TV station        TV
               range                         location            channel
------------------------------------------------------------------------
470-476 MHz:                        Hanover, NH 43 deg.42'30"       (15)
                                     72 deg.09'16".
                                    Madison, WI 43 deg.03'01"       (15)
                                     89 deg.29'15".
                                    Champaign, IL 40                (15)
                                     deg.04'11" 87 deg.54'45".
                                    San Diego, CA 32                (15)
                                     deg.41'48" 116 deg.56'10".
                                    Lancaster, PA 40                (15)
                                     deg.15'45" 76 deg.27'49".
                                    Parkersburg, WV 39              (15)
                                     deg.20'50" 81 deg.33''56".
476-482 MHz:                        South Bend, IN 41               (16)
                                     deg.36'20" 86 deg.12'44".
                                    Pittsburgh, PA 40               (16)
                                     deg.26'46" 79 deg.57'51".
                                    Mt. Pleasant, MI 43             (14)
                                     deg.34'24" 84 deg.46'21".
                                    Scranton, PA 41 deg.10'58"      (16)
                                     75 deg.52'21".
482-488 MHz:                        Hanover, NH 43 deg.42'30"       (15)
                                     72 deg.09'16".
                                    Fort Wayne, IN 41               (15)
                                     deg.05'35" 85 deg.10'42".
488-494 MHz:                        Salisbury, MD 38                (16)
                                     deg.24'15" 75 deg.34'45".
494-500 MHz:                        Philadelphia, PA 40             (17)
                                     deg.02'30" 75 deg.14'24".
500-506 MHz:                        Washington, DC 38               (20)
                                     deg.57'49" 77 deg.06'18".
506-512 MHz:                        Harrisburg, PA 40               (21)
                                     deg.20'44" 76 deg.52'09".
------------------------------------------------------------------------

    (c) Los Angeles area. This paragraph applies only to control 
transmitters in the Los Angeles urban area that utilize an antenna 
height of 457 or more meters (1500 or more feet) above mean sea level. 
The ERP of such transmitters must not exceed the following limits:

------------------------------------------------------------------------
                        Antenna height                             ERP
------------------------------------------------------------------------
                     AMSL in meters (feet)                       (Watts)
------------------------------------------------------------------------
 457 (1500) to  610 (2000)....................................       155
 611 (2001) to  762 (2500)....................................       100
 763 (2501) to  914 (3000)....................................        70
 915 (3001) to 1067 (3500)....................................        50
1068 (3501) to 1219 (4000)....................................        40
1220 (4001) to 1372 (4500)....................................        30
1373 (4501) and above.........................................        25
------------------------------------------------------------------------


                                   Table E-3.--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)         15       30       46       61       76       91      107      122      137      152
                                                                  (50)    (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
201 (125).....................................................     1000     1000     1000     1000     1000     1000     1000      850      750      725
193 (120).....................................................     1000     1000     1000     1000      900      750      675      600      550      500
185 (115).....................................................     1000     1000      800      725      600      525      475      425      375      350
177 (110).....................................................      850      700      600      500      425      375      325      300      275      225
169 (105).....................................................      600      475      400      325      275      250      225      200      175      150
161 (100).....................................................      400      325      275      225      175      150      140      125      110      100
153 (95)......................................................      275      225      175      125      110       95       80       70       60       50
145 (90)......................................................      175      125      100       75       50  .......  .......  .......  .......  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.  22.627(b)(1)(ii). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those
  in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


              Table E-4.--Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
209 (130).................................................     1000      447      219      117       71       46
193 (120).................................................      500      209       95       50       30       19
177 (110).................................................      225       91       35       19       11        8
161 (100).................................................      100       30       10        5        3        2
153 (95)..................................................       50       13        5        3        2        1
----------------------------------------------------------------------------------------------------------------
See Sec.  22.627(b)(1)(ii). This table is for antenna heights of more than 152 meters (500 feet) above average
  terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
  permitted ERP.


[[Page 169]]


                                   Table E-5.--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna Height Above Average Terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)         15       30       46       61       76       91      107      122      137      152
                                                                  (50)    (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
261 (162).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
257 (160).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000      800
249 (155).....................................................     1000     1000     1000     1000     1000      875      775      700      625      575
241 (150).....................................................     1000     1000      950      775      725      625      550      500      450      400
233 (145).....................................................      850      750      650      575      500      440      400      350      320      300
225 (140).....................................................      600      575      465      400      350      300      275      250      230      225
217 (135).....................................................      450      400      335      300      255      240      200      185      165      150
209 (130).....................................................      350      300      245      200      185      160      145      125      120      100
201 (125).....................................................      225      200      170      150      125      110      100       90       80       75
193 (120).....................................................      175      150      125      105       90       80       70       60       55       50
--------------------------------------------------------------------------------------------------------------------------------------------------------
 AAAAASee Sec.  22.627(b)(1)(iii). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights
  between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


              Table E-6.--Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
261 (162).................................................     1000      501      282      170      110       71
241 (150).................................................      400      209      110       60       36       23
225 (140).................................................      225      102       50       28       16       10
209 (130).................................................      100       48       21       11        7        5
193 (120).................................................       50       19        9        5        3       2
----------------------------------------------------------------------------------------------------------------
 AAAAASee Sec.  22.627(b)(1)(iii). This table is for antenna heights of more than 152 meters (500 feet) above
  average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the
  maximum permitted ERP.


                            Table E-7.--Maximum ERP (Watts) for Control Transmitters
----------------------------------------------------------------------------------------------------------------
                                              Antenna height above average terrain in meters (feet)
    Distance to protected TV    --------------------------------------------------------------------------------
 station in kilometers (miles)      30       46       61       76       91      107      122      137      152
                                  (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
----------------------------------------------------------------------------------------------------------------
108 (67).......................     1000     1000     1000     1000     1000     1000     1000     1000     1000
106 (66).......................     1000     1000     1000     1000     1000     1000     1000     1000      750
105 (65).......................     1000     1000     1000     1000     1000     1000      825      650      600
103 (64).......................     1000     1000     1000     1000     1000      775      625      500      400
101 (63).......................     1000     1000     1000     1000      440      400      350      320      300
100 (62).......................     1000     1000     1000      525      375      250      200      150      125
98 (61)........................     1000      700      450      250      200      125      100       75       50
97 (60)........................     1000      425      225      125      100       75       50  .......  .......
----------------------------------------------------------------------------------------------------------------
See Sec.  22.627(b)(2). This table applies to control transmitters in the Boston, Chicago, Cleveland, Detroit,
  Los Angeles, New York-Northeastern New Jersey, Philadelphia, Pittsburgh and Washington, DC urban areas. This
  table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights
  between those in the table, use the next higher antenna height. For distances between those in the table, use
  the next lower distance.


[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995]

                  470-512 MHz Trunked Mobile Operation



Sec. 22.651  470-512 MHz channels for trunked mobile operation.

    The following channels are allocated for assignment to transmitters 
providing trunked public mobile service within the specified urban 
areas. All channels have a bandwidth of 20 kHz and are designated by 
their center frequencies in MegaHertz.

                                 Houston
 
488.0125........................  491.0125  488.0875..........  491.0875
488.0375........................  491.0375  488.1125..........  491.1125
488.0625........................  491.0625  488.1375..........  491.1375
 
                      New York-Northern New Jersey
 
473.0125........................  479.0125  473.1625..........  479.1625
473.0375........................  479.0375  473.1875..........  479.1875
473.0625........................  479.0625  473.2125..........  479.2125
473.0875........................  479.0875  473.2375..........  479.2375
473.1125........................  479.1125  473.2625..........  479.2625
473.1375........................  479.1375  473.2875..........  479.2875
 



[[Page 170]]


[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.653  Eligibility.

    Only licensees already authorized to provide trunked mobile service 
or their successors in interest are eligible to apply for additional use 
of these channels for trunked mobile service, and then only in the urban 
areas already authorized.



Sec. 22.655  Channel usage.

    The FCC is redesignating the public mobile channels in the 470-512 
MHz range from trunked mobile operation to point-to-multipoint operation 
as the demand for trunked mobile service decreases.
    (a) The licensees in each market shall measure channel usage at 
least once every 3 months. These measurements shall be reported to the 
FCC within 30 days. Measurements shall be taken during the busiest 12-
hour periods on 3 days (within a 7-day period) having normal usage. The 
information must be reported separately for each of the 3 days selected, 
must be reported by dates, and must disclose the following:
    (1) The number of mobile units in service during each of the days 
specified;
    (2) The number of calls completed each hour;
    (3) The total number of minutes during each hour that the channels 
were utilized for communications by the mobile units;
    (4) The average channel usage for the busiest hour for the 3 days 
measured; and
    (5) Any additional information that more accurately reflects channel 
usage.
    (b) If the measured probability of blocking decreases below 25%, the 
FCC will redesignate channels not needed to maintain blocking at 25% or 
less. The number of channels needed to maintain blocking below 25% will 
be determined from the channel usage reports and the Erlang C tables.
    (c) Although two or more channels are necessary to provide trunked 
service, the FCC may, pursuant to this section, reduce to one the number 
of channels assigned. In such cases, the licensee may provide non-
trunked two-way public mobile service on the one remaining channel.



Sec. 22.657  Transmitter locations.

    The purpose of the rules in paragraphs (a) and (b) of this section 
is to define the areas in which the 470-512 MHz channels are allocated 
for public mobile use. The purpose of the rules in paragraphs (c) 
through (f) of this section is to reduce the likelihood that 
interference to television reception from public mobile operations on 
these channels will occur. The protected TV station locations specified 
in paragraphs (d), (e)(1) and (f) of this section are the locations of 
record as of September 1974, and these do not change even though the TV 
stations may have been subsequently relocated.
    (a) Base transmitter locations. Base transmitter locations must be 
within 80 kilometers (50 miles) of the designated locations in this 
paragraph. Mobile transmitters must not be operated at locations more 
than 129 kilometers (80 miles) from the designated locations in this 
paragraph.

------------------------------------------------------------------------
                                                                  W.
                  Urban area                    N. latitude   longitude
------------------------------------------------------------------------
Houston, TX...................................  29 deg.45'2
                                                         6"  95 deg.21'3
                                                                      7"
New York, NY-NE NJ............................  40 deg.45'0
                                                         6"  73 deg.59'3
                                                                      9"
------------------------------------------------------------------------

    (b) Mobile area of operation. Mobile transmitters must not be 
operated at locations more than 48 kilometers (30 miles) from all 
associated base stations.
    (c) Protection from intermodulation interference. Base transmitter 
locations must be at least 1.6 kilometers (1 mile) from the current main 
transmitter locations of all TV stations transmitting on TV channels 
separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel 
containing the frequencies on which the base station will transmit. This 
requirement is intended to reduce the likelihood of intermodulation 
interference.
    (d) Adjacent channel protection from mobile transmitters. Base 
transmitter locations must be at least 145 kilometers (90 miles) from 
the applicable protected TV station locations specified in this 
paragraph. This requirement is intended to provide a 0 dB minimum 
desired to undesired signal strength ratio

[[Page 171]]

at the Grade B contour of an adjacent channel TV station.

------------------------------------------------------------------------
                                       Protected TV station        TV
Mobile transmitter frequency range           location            channel
------------------------------------------------------------------------
470-476 MHz.......................  Lancaster, PA 40                (15)
                                     deg.15'45" 76 deg.27'49".
476-482 MHz.......................  Scranton, PA 41 deg.10'58"      (16)
                                     75 deg.52'21".
------------------------------------------------------------------------

    (e) Co-channel protection from mobile transmitters. Base transmitter 
locations must be at least the distance specified in paragraph (e)(2) of 
this section from the applicable protected TV station locations 
specified in paragraph (e)(1) of this section. This requirement is 
intended to provide a 40 dB minimum desired to undesired signal strength 
ratio at the Grade B contour of a co-channel TV station.
    (1) The protected TV station locations are as follows:

------------------------------------------------------------------------
   Mobile transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC 38 deg.57'17" 77
                                          deg.00'17".
476-482 MHz............................  Lancaster, PA 40 deg.15'45" 76
                                          deg.27'49".
------------------------------------------------------------------------

    (2) The required minimum distance depends upon the effective 
radiated power (ERP) of the most powerful mobile transmitter(s) in the 
system:

------------------------------------------------------------------------
                                                      Minimum distance
             Mobile unit ERP (watts)              ----------------------
                                                   Kilometers    Miles
------------------------------------------------------------------------
60...............................................         193      (120)
50...............................................         185      (115)
25...............................................         177      (110)
10...............................................         169      (105)
5................................................         161      (100)
------------------------------------------------------------------------

    (f) Co-channel protection from base transmitters with high antennas. 
This paragraph applies only to base transmitter locations in the New 
York-Northeastern New Jersey urban area that utilize an antenna height 
of more than 152 meters (500 feet) above average terrain. The distance 
between the location of such a base transmitter and the applicable 
protected TV station location specified in this paragraph must equal or 
exceed the sum of the distance from the base transmitter location to the 
radio horizon in the direction of the specified location and 89 
kilometers (55 miles--representing the distance from the main 
transmitter location of the TV station to its Grade B contour in the 
direction of the base transmitter). The distance to the radio horizon is 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.009

where

d is the distance to the radio horizon in kilometers
h is the height of the antenna center of radiation above ground level in 
meters


------------------------------------------------------------------------
    Base transmitter frequency range      Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC 38 deg.57'17" 77
                                          deg.00'17".
476-482 MHz............................  Lancaster, PA 40 deg.15'45"" 76
                                          deg.27'49".
------------------------------------------------------------------------

    (g) The FCC may waive specific distance separation requirements of 
paragraphs (d) through (f) of this section if the applicant submits an 
engineering analysis which demonstrates that terrain effects and/or 
operation with less effective radiated power would satisfy the 
applicable minimum desired to undesired signal strength ratios at the 
Grade B contours of the protected TV stations. For this purpose, the 
Grade B contour of a TV station is deemed to be a circle with a 89 
kilometer (55 mile) radius, centered on the protected TV station 
location, and along which the median TV signal field strength is 64 
dBV/m. In any showing intended to demonstrate compliance with 
the minimum desired to undesired signal ratio requirements of this 
section, all predicted field strengths must have been determined using 
the UHF TV propagation curves contained in part 73 of this chapter.



Sec. 22.659  Effective radiated power limits.

    The purpose of the rules in this section, which limit effective 
radiated power (ERP), is to reduce the likelihood that interference to 
television reception from public mobile operations on these channels 
will occur. The protected TV station locations specified in this section 
are the locations of record

[[Page 172]]

as of September 1974, and these do not change even though the TV 
stations may have been subsequently relocated.
    (a) Maximum ERP. The ERP of base transmitters must not exceed 100 
Watts under any circumstances. The ERP of mobile transmitters must not 
exceed 60 Watts under any circumstances.
    (b) Co-channel protection from base transmitters. The ERP of base 
transmitters in the New York-Northeastern New Jersey urban area must not 
exceed the limits in the tables referenced in paragraphs (b)(2) and 
(b)(3) of this section. The limits depend upon the height above average 
terrain of the base transmitter antenna and the distance between the 
base transmitter and the nearest protected TV station location in 
paragraph (b)(1) of this section.
    (1) The protected TV station locations are as follows:

------------------------------------------------------------------------
    Base transmitter frequency range      Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC 38 deg.57'17" 77
                                          deg.00'17".
476-482 MHz............................  Lancaster, PA 40 deg.15'45"" 76
                                          deg.27'49".
------------------------------------------------------------------------

    (2) Tables E-8 and E-9 of this section apply to base transmitters in 
the New York-Northeastern New Jersey urban area that transmit on 
channels in the 476-482 MHz range.
    (3) Tables E-10 and E-11 of this section apply to base transmitters 
in the New York-Northeastern New Jersey urban area that transmit on 
channels in the 470-476 MHz range.
    (c) Adjacent channel protection from base transmitters. The ERP of 
base transmitters must not exceed the limits in Table E-12 of this 
section. The limits depend upon the height above average terrain of the 
base transmitter antenna and the distance between the base transmitter 
and the nearest protected TV station location specified in paragraph 
(c)(1) of this section.
    (1) The protected TV station locations are as follows:

------------------------------------------------------------------------
                                       Protected TV station        TV
 Base transmitter frequency range            location            channel
------------------------------------------------------------------------
470-476 MHz.......................  Hanover, NH 43 deg.42'30"       (15)
                                     72 deg.09'16".
                                    Lancaster, PA 40                (15)
                                     deg.15'45" 76 deg.27'49".
476-482 MHz.......................  Scranton, PA 41 deg.10'58"      (16)
                                     75 deg.52'21".
482-488 MHz.......................  Hanover, NH 43 deg.42'30"       (15)
                                     72 deg.09'16".
------------------------------------------------------------------------

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

                                     Table E-8.--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)         15       30       46       61       76       91      107      122      137      152
                                                                  (50)    (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
201 (125).....................................................     1000     1000     1000     1000     1000     1000     1000      850      750      725
193 (120).....................................................     1000     1000     1000     1000      900      750      675      600      550      500
185 (115).....................................................     1000     1000      800      725      600      525      475      425      375      350
177 (110).....................................................      850      700      600      500      425      375      325      300      275      225
169 (105).....................................................      600      475      400      325      275      250      225      200      175      150
161 (100).....................................................      400      325      275      225      175      150      140      125      110      100
153 (95)......................................................      275      225      175      125      110       95       80       70       60       50
145 (90)......................................................      175      125      100       75       50  .......  .......  .......  .......  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.  22.659(b)(2). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in
  the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


                Table E-9.--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
209 (130).................................................     1000      447      219      117       71       46
193 (120).................................................      500      209       95       50       30       19
177 (110).................................................      225       91       35       19       11        8
161 (100).................................................      100       30       10        5        3        2

[[Page 173]]

 
153 (95)..................................................       50       13        5        3        2        1
----------------------------------------------------------------------------------------------------------------
See Sec.  22.659(b)(2). This table is for antenna heights of more than 152 meters (500 feet) above average
  terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
  permitted ERP.


                                    Table E-10.--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)         15       30       46       61       76       91      107      122      137      152
                                                                  (50)    (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
261 (162).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
257 (160).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000      800
249 (155).....................................................     1000     1000     1000     1000     1000      875      775      700      625      575
241 (150).....................................................     1000     1000      950      775      725      625      550      500      450      400
233 (145).....................................................      850      750      650      575      500      440      400      350      320      300
225 (140).....................................................      600      575      465      400      350      300      275      250      230      225
217 (135).....................................................      450      400      335      300      255      240      200      185      165      150
209 (130).....................................................      350      300      245      200      185      160      145      125      120      100
201 (125).....................................................      225      200      170      150      125      110      100       90       80       75
193 (120).....................................................      175      150      125      105       90       80       70       60       55       50
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.  22.659(b)(3). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those
  in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


               Table E-11.--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
261 (162).................................................     1000      501      282      170      110       71
241 (150).................................................      400      209      110       60       36       23
225 (140).................................................      225      102       50       28       16       10
209 (130).................................................      100       48       21       11        7        5
193 (120).................................................       50       19        9        5        3        2
----------------------------------------------------------------------------------------------------------------
See Sec.  22.659(b)(3). This table is for antenna heights of more than 152 meters (500 feet) above average
  terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
  permitted ERP.


                             Table E-12.--Maximum ERP (Watts) for Base Transmitters
----------------------------------------------------------------------------------------------------------------
                                              Antenna height above average terrain in meters (feet)
    Distance to protected TV    --------------------------------------------------------------------------------
 station in kilometers (miles)      30       46       61       76       91      107      122      137      152
                                  (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
----------------------------------------------------------------------------------------------------------------
108 (67).......................     1000     1000     1000     1000     1000     1000     1000     1000     1000
106 (66).......................     1000     1000     1000     1000     1000     1000     1000     1000      750
105 (65).......................     1000     1000     1000     1000     1000     1000      825      650      600
103 (64).......................     1000     1000     1000     1000     1000      775      625      500      400
101 (63).......................     1000     1000     1000     1000      440      400      350      320      300
100 (62).......................     1000     1000     1000      525      375      250      200      150      125
98 (61)........................     1000      700      450      250      200      125      100       75       50
97 (60)........................     1000      425      225      125      100       75       50  .......  .......
----------------------------------------------------------------------------------------------------------------
See Sec.  22.659(c)(2). This table applies to base transmitters in the New York-Northeastern New Jersey urban
  areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna
  heights between those in the table, use the next higher antenna height. For distances between those in the
  table, use the next lower distance.


[[Page 174]]



                 Subpart F--Rural Radiotelephone Service



Sec. 22.701  Scope.

    The rules in this subpart govern the licensing and operation of 
stations and systems in the Rural Radiotelephone Service. The licensing 
and operation of these stations and systems is also subject to rules 
elsewhere in this part that apply generally to the Public Mobile 
Services. In case of conflict, however, the rules in this subpart 
govern.



Sec. 22.702  Eligibility.

    Existing and proposed communications common carriers are eligible to 
hold authorizations to operate conventional central office, interoffice 
and rural stations in the Rural Radiotelephone Service. Only local 
exchange carriers that have been state certified to provide basic 
exchange telephone service (or others having state approval to provide 
such service) in the pertinent area are eligible to hold authorizations 
for Basic Exchange Telephone Radio Systems (BETRS). Subscribers are also 
eligible to hold authorizations to operate rural subscriber stations in 
the Rural Radiotelephone Service.



Sec. 22.703  Separate rural subscriber station authorization not required.

    A separate authorization is not required for rural subscriber 
stations for which the effective radiated power does not exceed 60 Watts 
and for which FAA notification of construction or alteration of the 
antenna structure is not required (see criteria in Sec. 17.7 of this 
chapter). Authority to operate such rural subscriber stations is 
conferred by the authorization of the central office or base station 
from which they receive service.



Sec. 22.705  Rural radiotelephone system configuration.

    Stations in the Rural Radiotelephone Service are authorized to 
communicate as follows:
    (a) Rural subscriber stations are authorized to communicate with and 
through the central office station(s) with which they are associated. 
However, where the establishment of a central office station in this 
service is not feasible, rural subscriber stations may be authorized to 
communicate with and through a base station in the Paging and 
Radiotelephone Service.
    (b) Central office stations may communicate only with rural 
subscriber stations.
    (c) Interoffice stations may communicate only with other interoffice 
stations.



Sec. 22.709  Rural radiotelephone service application requirements.

    In addition to information required by subparts B and D of this 
part, applications for authorization to operate a station in the Rural 
Radiotelephone Service must contain the applicable supplementary 
information described in this section.
    (a) Interoffice stations. Applications for authority to operate a 
new interoffice station or to add transmitters or points of 
communications to an existing interoffice station must contain an 
exhibit demonstrating that the requested facilities would be used only 
for interconnecting central office stations and explaining why the use 
of alternative existing radio or wire facilities is not feasible.
    (b) Technical information required. For each transmitter in the 
Rural Radiotelephone Service, the following information is required by 
FCC Form 600 Schedule B:
    (1) Location description; city; county; state; geographical 
coordinates correct to 1 second, the datum used (NAD 27 or 
NAD 83), site elevation above mean sea level, proximity to adjacent 
market boundaries and international borders;
    (2) Antenna manufacturer, model number and type, antenna height to 
tip above ground level, the height of the center of radiation of the 
antenna above the average terrain, the height of the antenna center of 
radiation above the average elevation of the terrain along each of the 8 
cardinal radials, antenna gain in the maximum lobe, the beamwidth of the 
maximum lobe of the antenna, a polar plot of the horizontal gain pattern 
of the antenna, the electric field polarization of the wave emitted by 
the antenna when installed as proposed;

[[Page 175]]

    (3) The center frequency of each channel requested, the maximum 
effective radiated power, the effective radiated power in each of the 
cardinal radial directions, any non-standard emission types to be used, 
including bandwidth and modulation type, the transmitter classification 
(e.g. central office), and the locations and call signs, if any, of any 
fixed points of communication.
    (c) No landline facilities. Each application for a central office 
station must contain an exhibit showing that it is impracticable to 
provide the required communication service by means of landline 
facilities.
    (d) Interference exhibit. Applications for central office, 
interoffice and relay stations must include an exhibit identifying co-
channel facilities and demonstrating, in accordance with Sec. 22.715 
that the proposed station, if authorized, would not cause interference 
to the service of those co-channel facilities. This exhibit must:
    (1) For UHF channels, identify each protected transmitter located 
within 108 kilometers (67 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 76.4 
kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) 
of the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 76.4 kilometers (47.5 miles); and identify 
each protected Basic Exchange Telephone Radio System central office 
transmitter in the rural Radiotelephone Service within 231 kilometers 
(144 miles).
    (2) For VHF channels, identify each protected transmitter located 
within 135 kilometers (84 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 93.3 
kilometers (58 miles) or less, and within 178 kilometers (111 miles) of 
the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 93.3 kilometers (58 miles).
    (3) For each protected transmitter identified, show the results of 
distance calculations indicating that there would be no overlap of 
service and interfering contours, or alternatively, indicate that the 
licensee of or applicant for the protected transmitter and/or the 
applicant, as required, have agreed in writing to accept any 
interference resulting from operation of the proposed transmitter.
    (e) Blocking probability. Applications for authority to operate 
basic exchange telephone radio systems (BETRS) that request more than 
two channel pairs must include an exhibit containing calculations 
showing that the number of channels requested is the minimum necessary 
to achieve the required grade of service (in terms of blocking 
probability), and that there will be adequate spectrum available in the 
area to meet realistic estimates of current and future demand for 
paging, two-way mobile and rural radiotelephone services (see 
Sec. 22.719(c)). Applications for authority to operate new conventional 
rural radiotelephone systems that request more than two channel pairs 
must include a statement explaining why BETRS technology is not being 
proposed.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.711  Provision of information to applicants.

    Licensees in the Rural Radio Service must, upon request by a bona-
fide prospective applicant, provide to such applicant the information 
required by Sec. 22.709 regarding the portion of the licensee's 
operations that potentially could affect, or be affected by, the 
prospective applicant's proposed station, if such information is not 
already on file with the FCC. This information must be provided to the 
bona-fide prospective applicant no later than 30 days after receipt of 
the information request.

[59 FR 59954, Nov. 21, 1994]



Sec. 22.713  Construction period for rural radiotelephone stations.

    The construction period for stations in the Rural Radiotelephone 
Service is 12 months.



Sec. 22.715  Technical channel assignment criteria for rural radiotelephone stations.

    Channels are assigned in the Rural Radiotelephone Service using the 
procedures in Sec. 22.567.

[[Page 176]]



Sec. 22.717  Procedure for mutually exclusive applications in the Rural Radiotelephone Service.

    Mutually exclusive applications in the Rural Radiotelephone Service, 
including those that are mutually exclusive with applications in the 
Paging and Radiotelephone Service, are processed in accordance with 
Sec. 22.131 and with this section.
    (a) Applications in the Rural Radiotelephone Service may be mutually 
exclusive with applications in the Paging and Radiotelephone Service if 
they seek authorization to operate facilities on the same channel in the 
same area, or the technical proposals are otherwise in conflict. See 
Sec. 22.567.
    (b) A modification application in either service filed on the 
earliest filing date may cause all later-filed mutually exclusive 
applications of any type in either service to be ``cut off'' (excluded 
from a same-day filing group) and dismissed, pursuant to 
Sec. 22.131(c)(3)(ii) and Sec. 22.131(c)(4).

[59 FR 59956, Nov. 21, 1994, as amended at 62 FR 11636, Mar. 12, 1997]



Sec. 22.719  Additional channel policy for rural radiotelephone stations.

    The rules in this section govern the processing of applications for 
central office stations that request a rural radiotelephone channel pair 
when the applicant has applied for or been granted an authorization for 
other rural radiotelephone channel pairs in the same area. The general 
policy of the FCC is to promote effective use of the spectrum by 
encouraging the use of spectrum-efficient technologies (i.e. BETRS) and 
by assigning the minimum number of channels necessary to provide 
service.
    (a) Transmitters in same area. Any central office station 
transmitter on any channel pair listed in Sec. 22.725 is considered to 
be in the same area as another central office station transmitter on any 
other channel pair listed in Sec. 22.725 if the transmitting antennas 
are located within 10 kilometers (6.2 miles) of each other.
    (b) Initial channel pairs. The FCC does not assign more than two 
channel pairs for new central office stations, unless there are more 
than eight rural subscriber stations to be served. Stations are 
considered to be new if there are no authorized transmitters on any 
channel listed in Sec. 22.725 controlled by the applicant in the same 
geographic area.
    (c) Additional channel pairs. Applications for central office 
station transmitters to be located in the same area as an authorized 
central office station controlled by the applicant, but to operate on a 
different channel pair(s) are considered as requests for additional 
channel pair(s) for the authorized central office station. The FCC may 
grant applications for additional channel pairs provided that the need 
for each additional channel pair (after the first two) is established 
and fully justified in terms of achieving the required grade of service 
(blocking probability), and the applicant demonstrates that there will 
still be adequate spectrum available in the area to meet realistic 
estimates of current and future demand for paging, two-way mobile and 
rural radiotelephone services. In the case of conventional rural 
radiotelephone central office stations, an explanation must be provided 
as to why BETRS technology is not being used instead of additional 
channel pairs.

               Conventional Rural Radiotelephone Stations



Sec. 22.721  Geographic area authorizations.

    Eligible persons may apply for a paging geographic area 
authorization in the Rural Radiotelephone Service, on the channel pairs 
listed in Sec. 22.725, by following the procedures and requirements set 
forth in Sec. 22.503 for paging geographic area authorizations.

[62 FR 11636, Mar. 12, 1997]



Sec. 22.723  Secondary site-by-site authorizations.

    Authorizations for new facilities (including new sites and 
additional channel pairs for existing sites) in the Rural Radiotelephone 
Service (including BETRS facilities) may be granted after May 12, 1997 
only on the condition that such authorizations shall be secondary to any 
existing or future co-channel paging geographic area authorization in 
the Paging and Radiotelephone Service or the Rural Radiotelephone

[[Page 177]]

Service. If the paging geographic area licensee notifies the Rural 
Radiotelephone Service licensee that operation of a co-channel secondary 
facility must be discontinued because it may cause interference to 
existing or planned facilities, the Rural Radiotelephone Service 
licensee must discontinue operation of that facility on the particular 
channel pair involved no later than six months after such notice.

[62 FR 11636, Mar. 12, 1997]



Sec. 22.725  Channels for conventional rural radiotelephone stations.

    The following channels are allocated for paired assignment to 
transmitters that provide conventional rural radiotelephone service. 
These channels may be assigned for use by central office or rural 
subscriber stations as indicated, and interoffice stations. These 
channels may be assigned also for use by relay stations in systems where 
it would be impractical to provide rural radiotelephone service without 
the use of relay stations. All channels have a bandwidth of 20 kHz and 
are designated by their center frequencies in MegaHertz.

------------------------------------------------------------------------
                                  Rural                          Rural
       Central  office          subscriber   Central  office  subscriber
------------------------------------------------------------------------
                              VHF Channels
------------------------------------------------------------------------
152.03.......................  158.49       152.57..........  157.83
152.06.......................  158.52       152.60..........  157.86
152.09.......................  158.55       152.63..........  157.89
152.12.......................  158.58       152.66..........  157.92
152.15.......................  158.61       152.69..........  157.95
152.18.......................  158.64       152.72..........  157.98
152.21.......................  158.67       152.75..........  158.01
152.51.......................  157.77       152.78..........  158.04
152.54.......................  157.80       152.81..........  158.07
------------------------------------------------------------------------
                              UHF Channels
------------------------------------------------------------------------
454.025......................  459.025      454.350.........  459.350
454.050......................  459.050      454.375.........  459.375
454.075......................  459.075      454.400.........  459.400
454.100......................  459.100      454.425.........  459.425
454.125......................  459.125      454.450.........  459.450
454.150......................  459.150      454.475.........  459.475
454.175......................  459.175      454.500.........  459.500
454.200......................  459.200      454.525.........  459.525
454.225......................  459.225      454.550.........  459.550
454.250......................  459.250      454.575.........  459.575
454.275......................  459.275      454.600.........  459.600
454.300......................  459.300      454.625.........  459.625
454.325......................  459.325      454.650.........  459.650
------------------------------------------------------------------------

    (a) The channels listed in this section are also allocated for 
assignment in the Paging and Radiotelephone Service.
    (b) In Puerto Rico and the Virgin Islands, channels in the 154.04-
154.46 MHz and 161.40-161.85 MHz frequency ranges may be assigned to 
transmitters providing rural radiotelephone service; channels in these 
ranges are also allocated for assignment in the International Fixed 
Public and Aeronautical Fixed radio services.
    (c) In Alaska, channels 42.40, 44.10, 44.20 and 45.90 MHz are 
allocated for assignment to transmitters providing rural radiotelephone 
service using meteor burst propagation modes, subject to the provisions 
of Sec. 22.729.

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.727  Power limits for conventional rural radiotelephone transmitters.

    The transmitting power of transmitters operating on the channels 
listed in Sec. 22.725 must not exceed the limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of central 
office and rural subscriber station transmitters must not exceed the 
applicable limits in this paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (watts)
------------------------------------------------------------------------
152-153....................................................         1400
157-159....................................................          150
454-455....................................................         3500
459-460....................................................          150
------------------------------------------------------------------------

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of central office station transmitters must not exceed 
500 Watts.
    (c) Height-power limits. Except as provided in paragraph (d) of this 
section, the ERP of central office station transmitters must not exceed 
the amount that would result in an average distance to the ``service 
contour'' of 41.6 kilometers (26 miles) for VHF channels or 30.7 
kilometers (19 miles) for UHF channels. The average distance to the 
``service contour'' is calculated by taking the arithmetic mean of the 
distances determined using the procedures specified in Sec. 22.567 for 
the eight cardinal radial directions, excluding cardinal radial 
directions for which 90% or

[[Page 178]]

more of the distance so calculated is over water.
    (d) Encompassed interfering contour areas. Central office station 
transmitters are exempt from the basic power and height-power limits of 
this section if the area within their interfering contours is totally 
encompassed by the interfering contours of operating co-channel central 
office station transmitters controlled by the same licensee. For the 
purpose of this paragraph, operating transmitters are authorized 
transmitters that are providing service to subscribers.
    (e) Adjacent channel protection. The ERP of central office station 
transmitters must not exceed 500 Watts if they transmit on channel 
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any 
Private Radio Services station receiving on adjacent channel 454.000 
MHz.
    (f) Meteor burst stations. The transmitter output power for stations 
using meteor burst propagation modes must not exceed 2000 Watts for 
central office stations and 500 Watts for rural subscriber stations.



Sec. 22.729  Meteor burst propagation modes.

    The rules in this section govern stations in this service that use 
meteor burst propagation modes to provide rural radiotelephone service 
in Alaska.
    (a) Channel assignments. The channels 42.40 and 44.10 MHz may be 
assigned to central office stations and rural subscriber stations, 
respectively, on a primary basis. The channels 44.20 and 45.90 MHz may 
be assigned to central office and rural subscriber stations, 
respectively, on a secondary basis to Private Radio services stations 
using meteor burst propagation modes.
    (b) Transmitting power. The transmitter output power must not exceed 
2000 Watts for central office stations and 500 Watts for rural 
subscriber stations.
    (c) Station locations. Co-channel central office stations of 
different licensees must be at least 241 kilometers (150 miles) apart. A 
rural subscriber station and a central office station of different 
licensees must be at least 241 kilometers (150 miles) apart if the rural 
subscriber stations of the different licensees operate on the same 
channel. The FCC may waive the requirements of this paragraph if the 
affected users agree to a cooperative sharing arrangement.
    (d) Emission type. Only type F1D emission is authorized.
    (e) Bandwidth. The authorized bandwidth is 20 kHz.
    (f) Station identification. Station identification is required only 
for the central office station.
    (g) Interference. Stations authorized under the provisions of this 
section must not cause harmful interference to the service of stations 
in other radio services.
    (h) Developmental authorization. Meteor burst communications systems 
may be authorized under developmental authorizations pursuant to 
Sec. 22.419.



Sec. 22.731  Emission limitations.

    Upon application for multichannel operation, the FCC may authorize 
emission bandwidths wider than those specified in Sec. 22.357, provided 
that spectrum utilization is equal to or better than that achieved by 
single channel operation.



Sec. 22.733  Priority of service.

    Within the Rural Radiotelephone Service, the channels listed in 
Sec. 22.725 are intended primarily for use in rendition of public 
message service between rural subscriber and central office stations and 
to provide radio trunking facilities between central offices. The 
channels may also be used, however, for the rendition of private leased-
line communication service provided that such usage would not reduce or 
impair the extent or quality of communication service that would be 
available, in the absence of private leased-line service, to the general 
public receiving or subsequently requesting public message service from 
a central office.



Sec. 22.737  Temporary fixed stations.

    The FCC may, upon proper application therefor, authorize the 
construction and operation of temporary fixed stations. Temporary fixed 
stations are to be used as rural subscriber, interoffice, or central 
office stations when those stations are unavailable or when

[[Page 179]]

service from those stations is disrupted by storms or emergencies.
    (a) Six month limitation. If it is necessary for a temporary fixed 
station to remain at the same location for more than six months, the 
licensee of that station must apply for authorization to operate the 
station at the specific location at least 30 days before the end of the 
six month period.
    (b) International communications. Communications between the United 
States and Canada or Mexico must not be carried using a temporary fixed 
station without prior authorization from the FCC. Licensees desiring to 
carry such communications should apply sufficiently in advance to allow 
for the time necessary to coordinate with Canada or Mexico.

                 Basic Exchange Telephone Radio Systems



Sec. 22.757  Channels for basic exchange telephone radio systems.

    The channels listed in Sec. 22.725 are also allocated for paired 
assignment to transmitters in basic exchange telephone radio systems. In 
addition, the following channels are allocated for paired assignment to 
transmitters in basic exchange telephone radio systems. All channels 
have a bandwidth of 20 kHz and are designed by their center frequencies 
in MegaHertz.

            UHF Channels--Shared With Private Radio Services
------------------------------------------------------------------------
                                  Central                       Central
        Rural subscriber           office    Rural subscriber    office
------------------------------------------------------------------------
816.2375.......................  861.2375   816.1125.........  861.1125
817.2375.......................  862.2375   817.1125.........  862.1125
818.2375.......................  863.2375   818.1125.........  863.1125
819.2375.......................  864.2375   819.1125.........  864.1125
820.2375.......................  865.2375   820.1125.........  865.1125
 
816.2125.......................  861.2125   816.0875.........  861.0875
817.2125.......................  862.2125   817.0875.........  862.0875
818.2125.......................  863.2125   818.0875.........  863.0875
819.2125.......................  864.2125   819.0875.........  864.0875
820.2125.......................  865.2125   820.0875.........  865.0875
 
816.1875.......................  861.1875   816.0625.........  861.0625
817.1875.......................  862.1875   817.0625.........  862.0625
818.1875.......................  863.1875   818.0625.........  863.0625
819.1875.......................  864.1875   819.0625.........  864.0625
820.1875.......................  865.1875   820.0625.........  865.0625
 
816.1625.......................  861.1625   816.0375.........  861.0375
817.1625.......................  862.1625   817.0375.........  862.0375
818.1625.......................  863.1625   818.0375.........  863.0375
819.1625.......................  864.1625   819.0375.........  864.0375
820.1625.......................  865.1625   820.0375.........  865.0375
 
816.1375.......................  861.1375   816.0125.........  861.0125
817.1375.......................  862.1375   817.0125.........  862.0125
818.1375.......................  863.1375   818.0125.........  863.0125
819.1375.......................  864.1375   819.0125.........  864.0125
820.1375.......................  865.1375   820.0125.........  865.0125
------------------------------------------------------------------------

    (a) Channels are assigned in groups, as listed in this section.
    (b) Channel groups in the 816-865 Mhz frequency range are not 
assigned to Rural Radio Service stations located:
    (1) Within 161 kilometers (100 miles) of the borders of the largest 
54 MSAs (see Sec. 22.909).
    (2) North of Line A or East of Line C; or,
    (3) Within 110 kilometers (68 miles) of the Mexican border.
    (c) Channel groups in the 816-865 MHz frequency range are not 
assigned to central office stations located within 113 kilometers (70 
miles) of another station authorized to operate on the same channels or 
on channels with center frequencies offset by 12.5 kHz.
    (d) Technical parameters governing the use of these channels are 
contained in subpart S of part 90 of this chapter.
    (e) The Common Carrier Bureau coordinates the availability of 
channels in the 816-865 MHz frequency range with the Private Radio 
Bureau.

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.759  Power limit for BETRS.

    The effective radiated power of central office and rural subscriber 
station transmitters used in basic exchange telephone radio systems must 
not exceed the limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of central 
office and rural subscriber station transmitters in BETRS must not 
exceed the applicable limits in this paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (watts)
------------------------------------------------------------------------
152-153....................................................         1400
157-159....................................................          150
454-455....................................................         3500
459-460....................................................          150
------------------------------------------------------------------------

    (b) Height-power limit. The ERP of central office stations in BETRS 
must

[[Page 180]]

not exceed the amount calculated as follows:

ERPw=557,418hm2
where ERPw is the effective radiated power in Watts
hm is the average (eight cardinal radial) antenna height 
above average terrain in meters



              Subpart G--Air-Ground Radiotelephone Service



Sec. 22.801  Scope.

    The rules in this subpart govern the licensing and operation of 
public air-ground radiotelephone stations and systems. The licensing and 
operation of these stations and systems is also subject to rules 
elsewhere in this part that apply generally to the Public Mobile 
services. In case of conflict, however, the rules in this subpart 
govern.



Sec. 22.803  Air-ground application requirements.

    In addition to information required by subparts B and D of this 
part, applications for authorization to operate an air-ground station or 
system in the Air-ground Radiotelephone Service must contain the 
applicable supplementary information described in this section.
    (a) Administrative information. The following information is 
required by FCC Form 600, Schedule B or C (as applicable).
    (1) The number of transmitter sites for which authorization is 
requested.
    (2) The call sign(s) of other facilities in the same area that are 
ultimately controlled by the real party in interest to the application.
    (b) Technical information. The following information is required by 
FCC Form 600, Schedule B.
    (1) Location description, city; county; state; geographical 
coordinates correct to 1 second, the datum used (NAD 27 or 
NAD 28), site elevation above mean sea level, proximity to adjacent 
market boundaries and international borders;
    (2) Antenna manufacturer, model number and type, antenna height to 
tip above ground level, antenna gain in the maximum lobe, the electric 
field polarization of the wave emitted by the antenna when installed as 
proposed;
    (3) The center frequency of each channel requested, the maximum 
effective radiated power, any non-standard emission types to be used, 
including bandwidth and modulation type and the transmitter 
classification (e.g. ground or signaling).

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]

                  General Aviation Air-Ground Stations



Sec. 22.805  Channels for general aviation air-ground service.

    The following channels are allocated for the provision of 
radiotelephone service to airborne mobile subscribers in general 
aviation aircraft. These channels have a bandwidth of 20 kHz and are 
designated by their center frequencies in MegaHertz.

                         Signalling Channel Pair
------------------------------------------------------------------------
              Ground                           Airborne mobile
------------------------------------------------------------------------
454.675                             459.675
------------------------------------------------------------------------


                       Communication Channel Pairs
------------------------------------------------------------------------
              Ground                           Airborne mobile
------------------------------------------------------------------------
454.700                             459.700
454.725                             459.725
454.750                             459.750
454.775                             459.775
454.800                             459.800
454.825                             459.825
454.850                             459.850
454.875                             459.875
454.900                             459.900
454.925                             459.925
454.950                             459.950
454.975                             459.975
------------------------------------------------------------------------

    (a) Channel 454.675 MHz is assigned to each and every ground 
station, to be used only for automatically alerting airborne mobile 
stations of incoming calls.
    (b) All airborne mobile channels are assigned for use by each and 
every airborne mobile station.



Sec. 22.809  Transmitting power limits.

    The transmitting power of ground and airborne mobile transmitters 
operating on the channels listed in Sec. 22.805 must not exceed the 
limits in this section.

[[Page 181]]

    (a) Ground station transmitters. The effective radiated power of 
ground stations must not exceed 100 Watts and must not be less than 50 
Watts, except as provided in Sec. 22.811.
    (b) Airborne mobile transmitters. The transmitter power output of 
airborne mobile transmitters must not exceed 25 Watts and must not be 
less than 4 Watts.



Sec. 22.811  Idle tone.

    Whenever a ground station transmitter authorized to transmit on any 
of the communications channels listed in Sec. 22.805 is available for 
service but is not providing service, a modulated signal must be 
continuously transmitted on the communication channel assigned to that 
transmitter. While this modulated signal is transmitted, the transmitter 
power must be between 10 and 20 dB lower than the normal transmitting 
power.



Sec. 22.813  Technical channel pair assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channel pairs listed in Sec. 22.805. These criteria are intended 
to provide substantial service volumes over areas that have significant 
local and regional general aviation activity, while maintaining the 
continuous nationwide in-route coverage of the original geographical 
layout.
    (a) Distance separation for co-channel ground stations. The FCC may 
grant an application requesting assignment of a communication channel 
pair to a proposed ground transmitter only if the proposed antenna 
location is at least 800 kilometers (497 miles) from the antenna 
location of the nearest co-channel ground transmitter in the United 
States, its territories and possessions; and 1000 kilometers (621 miles) 
from the antenna location of the nearest co-channel ground transmitter 
in Canada.
    (b) Dispersion. The FCC may grant an application requesting 
assignment of a communication channel pair to a proposed ground 
transmitter only if there are no more than five different communication 
channel pairs already assigned to ground transmitters with antenna 
locations within a 320 kilometer (199 mile) radius of the proposed 
antenna location.



Sec. 22.815  Construction period for general aviation ground stations.

    The construction period (see Sec. 22.142) for general aviation 
ground stations is 12 months.



Sec. 22.817  Additional channel policies.

    The rules in this section govern the processing of applications for 
authority to operate a ground station transmitter on any ground station 
communication channel listed in Sec. 22.805 when the applicant has 
applied or been granted an authorization for other ground station 
communication channels in the same area. The general policy of the FCC 
is to assign one ground station communication channel in an area to a 
carrier per application cycle, up to a maximum of six ground station 
communication channels per area. That is, a carrier must apply for one 
ground station communication channel, receive the authorization, 
construct the station, and notify the FCC of commencement of service 
before applying for an additional ground station communication channel 
in that area.
    (a) Air-ground transmitters in same area. Any transmitter on any of 
the ground station channels listed in Sec. 22.805 is considered to be in 
the same area as another transmitter on any ground station channel 
listed in Sec. 22.805 if it is located less than 350 kilometers (217 
miles) from that transmitter.
    (b) Initial channel. The FCC will not assign more than one ground 
station communication channel for new ground stations. Ground stations 
are considered to be new if there are no authorized ground station 
transmitters on any channel listed in Sec. 22.805 controlled by the 
applicant in the same area.
    (c) Additional channel. Applications for ground transmitters to be 
located in the same area as an authorized ground station controlled by 
the applicant, but to operate on a different ground station 
communication channel, are considered as requesting an additional 
channel for the authorized station.
    (d) Amendment of pending application. If the FCC receives and 
accepts for filing an application for a ground station

[[Page 182]]

transmitter to be located in the same area as a ground station 
transmitter proposed in a pending application previously filed by the 
applicant, but on a different ground station communication channel, the 
subsequent application is treated as a major amendment to change the 
technical proposal of the prior application. The filing date of any 
application so amended is the date the FCC received the subsequent 
application.
    (e) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting an additional ground station 
communication channel for an authorized ground station prior to 
receiving notification that the station is providing service to 
subscribers on the authorized channel(s), the FCC may dismiss that 
application without prejudice.
    (f) Dismissal of applications for seventh channel. If the FCC 
receives an application requesting an additional ground station 
communication channel for an authorized ground station which would, if 
granted, result in that station being assigned more than six ground 
station communication channels in the same area, the FCC may dismiss 
that application without prejudice.



Sec. 22.819  AGRAS compatibility requirement.

    Except as provided in paragraph (a) of this section, stations 
transmitting on the channels listed in Sec. 22.805 must operate in 
compliance with the technical and operational requirements contained in 
the document, ``Technical Reference, Air-ground Radiotelephone Automated 
Service (AGRAS), System Operation and Equipment Characteristics'', dated 
April 12, 1985.
    (a) Until January 1, 1996, stations may continue to operate in 
compliance with the previous standard adopted in Docket 16073.
    (b) Copies of the document referenced in this section may be 
obtained from the FCC's copying contractor.



Sec. 22.821  Authorization for airborne mobile stations.

    An authorization separate from any ground station authorization is 
required for each airborne mobile station that operates on the channels 
listed in Sec. 22.805. The operator of the airborne mobile station must 
apply for the authorization (FCC Form 409). The application must contain 
an affirmative representation that the applicant has made definite 
arrangements with a wireline common carrier for service and billing.

                 Commercial Aviation Air-Ground Systems



Sec. 22.857  Channel plan for commercial aviation air-ground systems.

    The 849-851 and 894-896 MHz frequency ranges are allocated for block 
assignment to nationwide air-ground systems providing radiotelephone 
service to passengers aboard commercial aircraft. These frequency ranges 
may also be used to provide service to persons in general aviation or 
other aircraft. Ground stations transmit on channels in the 849-851 MHz 
range. Airborne mobile stations transmit on channels in the 894-896 MHz 
range. Systems using these channels must conform to the channel plan 
described in this section.
    (a) Channel blocks. The spectrum allocated for commercial aviation 
air-ground systems is divided into ten channel blocks, numbered 1 
through 10. All ground stations in each geographical area must use the 
same channel block for communication with airborne mobile stations in 
flight, in accordance with Sec. 22.859.
    (1) Each channel block is subdivided into 6 control channels labeled 
P-1 through P-6, and 29 communications channels labeled C-1 through C-
29.
    (2) The authorized channel bandwidths are as follows:
    (i) Each control channel has a bandwidth of 3.2 kHz.
    (ii) Each communications channel has a bandwidth of 6 kHz.
    (b) The center frequencies (in MegaHertz) of the communications and 
control channels are listed in Tables G-1 and G-2 of this section.

[[Page 183]]



                                                           Table G-1.--Ground Station Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Channel block
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10         9          8          7          6          5          4          3          2          1
--------------------------------------------------------------------------------------------------------------------------------------------------------
C-1.......................................   849.0055   849.2055   849.4055   849.6055   849.8055   850.0055   850.2055   850.4055   850.6055   850.8055
C-2.......................................   849.0115   849.2115   849.4115   849.6115   849.8115   850.0115   850.2115   850.4115   850.6115   850.8115
C-3.......................................   849.0175   849.2175   849.4175   849.6175   849.8175   850.0175   850.2175   850.4175   850.6175   850.8175
C-4.......................................   849.0235   849.2235   849.4235   849.6235   849.8235   850.0235   850.2235   850.4235   850.6235   850.8235
C-5.......................................   849.0295   849.2295   849.4295   849.6295   849.8295   850.0295   850.2295   850.4295   850.6295   850.8295
C-6.......................................   849.0355   849.2355   849.4355   849.6355   849.8355   850.0355   850.2355   850.4355   850.6355   850.8355
C-7.......................................   849.0415   849.2415   849.4415   849.6415   849.8415   850.0415   850.2415   850.4415   850.6415   850.8415
C-8.......................................   849.0475   849.2475   849.4475   849.6475   849.8475   850.0475   850.2475   850.4475   850.6475   850.8475
C-9.......................................   849.0535   849.2535   849.4535   849.6535   849.8535   850.0535   850.2535   850.4535   850.6535   850.8535
C-10......................................   849.0595   849.2595   849.4595   849.6595   849.8595   850.0595   850.2595   850.4595   850.6595   850.8595
C-11......................................   849.0655   849.2655   849.4655   849.6655   849.8655   850.0655   850.2655   850.4655   850.6655   855.8655
C-12......................................   849.0715   849.2715   849.4715   849.6715   849.8715   850.0715   850.2715   850.4715   850.6715   850.8715
C-13......................................   849.0775   849.2775   849.4775   849.6775   849.8775   850.0775   850.2775   850.4775   850.6775   850.8775
C-14......................................   849.0835   849.2835   849.4835   849.6835   849.8835   850.0835   850.2835   850.4835   850.6835   850.8835
C-15......................................   849.0895   849.2895   849.4895   849.6895   849.8895   850.0895   850.2895   850.4895   850.6895   850.8895
C-16......................................   849.0955   849.2955   849.4955   849.6955   849.8955   850.0955   850.2955   850.4955   850.6955   850.8955
C-17......................................   849.1015   849.3015   849.5015   849.7015   849.9015   850.1015   850.3015   850.5015   850.7015   850.9015
C-18......................................   849.1075   849.3075   849.5075   849.7075   849.9075   850.1075   850.3075   850.5075   850.7075   850.9075
C-19......................................   849.1135   849.3135   849.5135   849.7135   849.9135   850.1135   850.3135   850.5135   850.7135   850.9135
C-20......................................   849.1195   849.3195   849.5195   849.7195   849.9195   850.1195   850.3195   850.5195   850.7195   850.9195
C-21......................................   849.1255   849.3255   849.5255   849.7255   849.9255   850.1255   850.3255   850.5255   850.7255   850.9255
C-22......................................   849.1315   849.3315   849.5315   849.7315   849.9315   850.1315   850.3315   850.5315   850.7315   850.9315
C-23......................................   849.1375   849.3375   849.5375   849.7375   849.9375   850.1375   850.3375   850.5375   850.7375   850.9375
C-24......................................   849.1435   849.3435   849.5435   849.7435   849.9435   850.1435   850.3435   850.5435   850.7435   850.9435
C-25......................................   849.1495   849.3495   849.5495   849.7495   849.9495   850.1495   850.3495   850.5495   850.7495   850.9495
C-26......................................   849.1555   849.3555   849.5555   849.7555   849.9555   850.1555   850.3555   850.5555   850.7555   850.9555
C-27......................................   849.1615   849.3615   849.5615   849.7615   849.9615   850.1615   850.3615   850.5615   850.7615   850.9615
C-28......................................   849.1675   849.3675   849.5675   849.7675   849.9675   850.1675   850.3675   850.5675   850.7675   850.9675
C-29......................................   849.1735   849.3735   849.5735   849.7735   849.9735   850.1735   850.3735   850.5735   850.7735   850.9735
P-6.......................................   849.1813   849.3813   849.5813   849.7813   849.9813   850.1813   850.3813   850.5813   850.7813   850.9813
P-5.......................................   849.1845   849.3845   849.5845   849.7845   849.9845   850.1845   850.3845   850.5845   850.7845   850.9845
P-4.......................................   849.1877   849.3877   849.5877   849.7877   849.9877   850.1877   850.3877   850.5877   850.7877   850.9877
P-3.......................................   849.1909   849.3909   849.5909   849.7909   849.9909   850.1909   850.3909   850.5909   850.7909   850.9909
P-2.......................................   849.1941   849.3941   849.5941   849.7941   849.9941   850.1941   850.3941   850.5941   850.7941   850.9941
P-1.......................................   849.1973   849.3973   849.5973   849.7973   849.9973   850.1973   850.3973   850.5973   850.7973   850.9973
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                      Table G-2.--Airborne Mobile Station Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Channel block
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10         9          8          7          6          5          4          3          2          1
--------------------------------------------------------------------------------------------------------------------------------------------------------
C-1.......................................   894.0055   894.2055   894.4055   894.6055   894.8055   895.0055   895.2055   895.4055   895.6055   895.8055
C-2.......................................   894.0115   894.2115   894.4115   894.6115   894.8115   895.0115   895.2115   895.4115   895.6115   895.8115
C-3.......................................   894.0175   894.2175   894.4175   894.6175   894.8175   895.0175   895.2175   895.4175   895.6175   895.8175
C-4.......................................   894.0235   894.2235   894.4235   894.6235   894.8235   895.0235   895.2235   895.4235   895.6235   895.8235
C-5.......................................   894.0295   894.2295   894.4295   894.6295   894.8295   895.0295   895.2295   895.4295   895.6295   895.8295
C-6.......................................   894.0355   894.2355   894.4355   894.6355   894.8355   895.0355   895.2355   895.4355   895.6355   895.8355
C-7.......................................   894.0415   894.2415   894.4415   894.6415   894.8415   895.0415   895.2415   895.4415   895.6415   895.8415
C-8.......................................   894.0475   894.2475   894.4475   894.6475   894.8475   895.0475   895.2475   895.4475   895.6475   895.8475
C-9.......................................   894.0535   894.2535   894.4535   894.6535   894.8535   895.0535   895.2535   895.4535   895.6535   895.8535
C-10......................................   894.0595   894.2595   894.4595   894.6595   894.8595   895.0595   895.2595   895.4595   895.6595   895.8595
C-11......................................   894.0655   894.2655   894.4655   894.6655   894.8655   895.0655   895.2655   895.4655   895.6655   895.8655
C-12......................................   894.0715   894.2715   894.4715   894.6715   894.8715   895.0715   895.2715   895.4715   895.6715   895.8715
C-13......................................   894.0775   894.2775   894.4775   894.6775   894.8775   895.0775   895.2775   895.4775   895.6775   895.8775
C-14......................................   894.0835   894.2835   894.4835   894.6835   894.8835   895.0835   895.2835   895.4835   895.6835   895.8835
C-15......................................   894.0895   894.2895   894.4895   894.6895   894.8895   895.0895   895.2895   895.4895   895.6895   895.8895
C-16......................................   894.0955   894.2955   894.4955   894.6955   894.8955   895.0955   895.2955   895.4955   895.6955   895.8955
C-17......................................   894.1015   894.3015   894.5015   894.7015   894.9015   895.1015   895.3015   895.5015   895.7015   895.9015
C-18......................................   894.1075   894.3075   894.5075   894.7075   894.9075   895.1075   895.3075   895.5075   895.7075   895.9075
C-19......................................   894.1135   894.3135   894.5135   894.7135   894.9135   895.1135   895.3135   895.5135   895.7135   895.9135
C-20......................................   894.1195   894.3195   894.5195   894.7195   894.9195   895.1195   895.3195   895.5195   895.7195   895.9195
C-21......................................   894.1255   894.3255   894.5255   894.7255   894.9255   895.1255   895.3255   895.5255   895.7255   895.9255
C-22......................................   894.1315   894.3315   894.5315   894.7315   894.9315   895.1315   895.3315   895.5315   895.7315   895.9315
C-23......................................   894.1375   894.3375   894.5375   894.7375   894.9375   895.1375   895.3375   895.5375   895.7375   895.9375
C-24......................................   894.1435   894.3435   894.5435   894.7435   894.9435   895.1435   895.3435   895.5435   895.7435   895.9435
C-25......................................   894.1495   894.3495   894.5495   894.7495   894.9495   895.1495   895.3495   895.5495   895.7495   895.9495
C-26......................................   894.1555   894.3555   894.5555   894.7555   894.9555   895.1555   895.3555   895.5555   895.7555   895.9555
C-27......................................   894.1615   894.3615   894.5615   894.7615   894.9615   895.1615   895.3615   895.5615   895.7615   895.9615
C-28......................................   894.1675   894.3675   894.5675   894.7675   894.9675   895.1675   895.3675   895.5675   895.7675   895.9675

[[Page 184]]

 
C-29......................................   894.1735   894.3735   894.5735   894.7735   894.9735   895.1735   895.3735   895.5735   895.7735   895.9735
P-6.......................................   894.1813   894.3813   894.5813   894.7813   894.9813   895.1813   895.3813   895.5813   895.7813   895.9813
P-5.......................................   894.1845   894.3845   894.5845   894.7845   894.9845   895.1845   895.3845   895.5845   895.7845   895.9845
P-4.......................................   894.1877   894.3877   894.5877   894.7877   894.9877   895.1877   895.3877   895.5877   895.7877   895.9877
P-3.......................................   894.1909   894.3909   894.5909   894.7909   894.9909   895.1909   895.3909   895.5909   895.7909   895.9909
P-2.......................................   894.1941   894.3941   894.5941   894.7941   894.9941   895.1941   895.3941   895.5941   895.7941   895.9941
P-1.......................................   894.1973   894.3973   894.5973   894.7973   894.9973   895.1973   895.3973   895.5973   895.7973   895.9973
--------------------------------------------------------------------------------------------------------------------------------------------------------



Sec. 22.859  Geographical channel block layout.

    Except as provided in paragraphs (a) and (b) of this section, ground 
station locations must be within 1.61 kilometers (one mile) of the 
locations listed in this paragraph. The channel block allotted for each 
location must be used to provide service to airborne mobile stations in 
flight and may be used to provide service to airborne mobile stations on 
ground.

----------------------------------------------------------------------------------------------------------------
                                                                                                         Channel
                 Location                           N. latitude                    W. longitude           block
----------------------------------------------------------------------------------------------------------------
Alaska:
    Anchorage............................  61 deg.11'06"                  149 deg.54''42"                      8
    Cordova..............................  60 deg.33'00"                  145 deg.43'00"                       5
    Ketchikan............................  55 deg.21'20"                  131 deg.42'33"                       5
    Juneau...............................  58 deg.21'18"                  134 deg.34''30"                      4
    Sitka................................  57 deg.03'30"                  135 deg.22'01"                       7
    Yakutat..............................  59 deg.30'30"                  142 deg.30'00"                       8
Alabama: Birmingham......................  33 deg.23'24"                  86 deg.39'59"                        2
Arizona:
    Phoenix..............................  33 deg.35'39"                  112 deg.05'12"                       4
    Winslow..............................  35 deg.01''17"                 110 deg.43'02"                       6
Arkansas: Pine Bluff.....................  34 deg.10'56"                  91 deg.56'18"                        8
California:
    Blythe...............................  33 deg.36'39"                  114 deg.42'24"                      10
    Eureka...............................  40 deg.42'59"                  124 deg.12'09"                       8
    Los Angeles..........................  33 deg.56'45"                  118 deg.23'03"                       4
    Oakland..............................  37 deg.51'12"                  122 deg.12'30"                       1
    San Francisco........................  37 deg.41'15"                  122 deg.26'01"                       6
    Visalia..............................  36 deg.19'36"                  119 deg.23'22"                       7
Colorado:
    Colorado Springs.....................  38 deg.44'39"                  104 deg.51'46"                       8
    Denver...............................  39 deg.46'45"                  104 deg.50'49"                       1
    Hayden...............................  40 deg.29'04"                  107 deg.13'08"                       6
Florida:
    Miami................................  25 deg.48'27"                  80 deg.16'30"                        4
    Orlando..............................  28 deg.26'53"                  81 deg.22'00"                        2
    Tallahassee..........................  30 deg.24'02"                  84 deg.21'18"                        7
Georgia:
    Atlanta..............................  33 deg.39'05"                  84 deg.25'54"                        5
    St. Simon Island.....................  31 deg.09'22"                  81 deg.23'14"                        6
Hawaii: Mauna Kapu.......................  21 deg.24'24"                  158 deg.06'02"                       5
Idaho:
    Blackfoot............................  43 deg.11'34"                  112 deg.20'57"                       8
    Caldwell.............................  43 deg.38'45"                  116 deg.38'44"                      10
Illinois:
    Chicago..............................  41 deg.46'49"                  87 deg.45'20"                        3
    Kewanee..............................  41 deg.12'05"                  89 deg.57'33"                        5
    Schiller Park........................  41 deg.57'18"                  87 deg.52'57"                        2
Indiana: Fort Wayne......................  40 deg.59'16"                  85 deg.11'31"                        7
Iowa: Des Moines.........................  41 deg.31'58"                  93 deg.38'54"                        1
Kansas:
    Garden City..........................  37 deg.59'35"                  100 deg.54'04"                       3
    Wichita..............................  37 deg.37'24"                  97 deg.27'15"                        7
Kentucky: Fairdale.......................  38 deg.04'48"                  85 deg.47'33"                        6
Louisiana:
    Kenner...............................  30 deg.00'44"                  90 deg.13'30"                        3
    Shreveport...........................  32 deg.27'09"                  93 deg.49'38"                        5
Massachusetts: Boston....................  42 deg.23'15"                  71 deg.01'03"                        7

[[Page 185]]

 
Michigan:
    Bellville............................  42 deg.12'17"                  83 deg.29'09"                        8
    Flint................................  42 deg.58'21"                  83 deg.44'22"                        9
    Sault Saint Marie....................  46 deg.28'45"                  84 deg.21'31"                        6
Minnesota: Bloomington...................  44 deg.51'30"                  93 deg.13'19"                        9
Mississippi: Meridian....................  32 deg.19'10"                  88 deg.41'33"                        9
Missouri:
    Kansas City..........................  30 deg.18'37"                  94 deg.41'07"                        6
    St Louis.............................  38 deg.42'45"                  90 deg.19'19"                        4
    Springfield..........................  37 deg.14'28"                  93 deg.22'54"                        9
Montana:
    Lewistown............................  47 deg.02'56"                  109 deg.27'27"                       5
    Miles City...........................  46 deg.25'30"                  105 deg.52'30"                       8
    Missoula.............................  47 deg.01'05"                  114 deg.00'41"                       3
Nebraska:
    Grand Island.........................  40 deg.58'00"                  98 deg.19'11"                        2
    Ogallala.............................  41 deg.07'11"                  101 deg.45'37"                       4
Nevada:
    Las Vegas............................  36 deg.05'35"                  115 deg.10'25"                       1
    Reno.................................  39 deg.25'13"                  119 deg.55'52"                       3
    Tonopah..............................  38 deg.03'43"                  117 deg.13'24"                       9
    Winnemucca...........................  41 deg.00'39"                  117 deg.45'58"                       4
New Mexico:
    Alamogordo...........................  32 deg.54'46"                  105 deg.56'41"                       8
    Albuquerque..........................  35 deg.03'05"                  106 deg.37'13"                      10
    Aztec................................  36 deg.48'42"                  107 deg.53'48"                       9
    Clayton..............................  36 deg.27'29"                  103 deg.11'16"                       5
New Jersey: Woodbury.....................  39 deg.50'01"                  75 deg.09'21"                        3
New York:
    E. Elmhurst..........................  40 deg.46'21"                  73 deg.52'42"                        1
    Schuyler.............................  43 deg.09'09"                  75 deg.07'50"                        2
    Staten Island........................  40 deg.36'05"                  74 deg.06'35"                        9
North Carolina:
    Greensboro...........................  36 deg.05'54"                  70 deg.56'42"                        9
    Wilmington...........................  34 deg.16'10"                  77 deg.54'24"                        3
North Dakota: Dickinson..................  46 deg.51'05"                  102 deg.47'35"                       7
Ohio: Pataskala..........................  40 deg.04'38"                  82 deg.41'57"                        1
Oklahoma:
    Warner...............................  35 deg.29'31"                  95 deg.18'25"                        4
    Woodward.............................  36 deg.24'42"                  99 deg.28'50"                        9
Oregon:
    Albany...............................  44 deg.38'24"                  123 deg.03'36"                       5
    Klamath Falls........................  42 deg.06'30"                  121 deg.38'00"                       2
    Pendleton............................  45 deg.35'45"                  118 deg.31'02"                       7
Pennsylvania:
    Coraopolis...........................  40 deg.30'33"                  80 deg.13'27"                        4
    New Cumberland.......................  40 deg.11'30"                  76 deg.52'02"                        8
South Carolina: Charleston...............  32 deg.54'10"                  80 deg.01'20"                        4
South Dakota:
    Aberdeen.............................  45 deg.27'21"                  98 deg.25'26"                        6
    Rapid City...........................  44 deg.02'36"                  103 deg.03'36"                       5
Tennessee:
    Elizabethton.........................  36 deg.26'04"                  82 deg.08'06"                        7
    Memphis..............................  35 deg.01'44"                  89 deg.56''15"                      10
    Nashville............................  36 deg.08'44"                  86 deg.41'31"                        3
Texas:
    Austin...............................  30 deg.16'37"                  97 deg.49'34"                        2
    Bedford..............................  32 deg.50'19"                  97 deg.08'03"                        1
    Houston..............................  29 deg.54'37"                  95 deg.24'39"                        9
    Lubbock..............................  33 deg.37'06"                  101 deg.52'14"                       7
    Monahans.............................  31 deg.34'58"                  102 deg.54'18"                       6
Utah:
    Abajo Peak...........................  37 deg.50'21"                  109 deg.27'42"                       7
    Delta................................  39 deg.23'15"                  112 deg.30'44"                       2
    Escalante............................  37 deg.45'19"                  111 deg.52'27"                       5
    Green River..........................  38 deg.57'54"                  110 deg.13'40"                       3
    Salt Lake City.......................  40 deg.39'11"                  112 deg.12'06"                       1
Virginia: Arlington......................  38 deg.52'55"                  77 deg.06'18"                        6
Washington:
    Seattle..............................  47 deg.26'08"                  122 deg.17'35"                       4
    Cheney...............................  47 deg.33'14"                  117 deg.43'35"                       1
West Virginia: Charleston................  38 deg.19'47"                  81 deg.39'36"                        2

[[Page 186]]

 
Wisconsin: Stevens Point.................  44 deg.33'06"                  89 deg.25'27"                        8
Wyoming: Riverton........................  43 deg.03'37"                  108 deg.27'23"                       9
----------------------------------------------------------------------------------------------------------------

    (a) Carriers authorized to construct and operate air-ground 
radiotelephone systems on the channels listed in Sec. 22.857 may also 
construct and operate low power ground stations designed to provide 
service to airborne mobile stations on the ground, provided that no 
interference is caused to service provided by ground stations located in 
accordance with the geographical channel block layout or with paragraph 
(b) of this section. The antenna location of each such low power ground 
station may be anywhere that is at least 483 kilometers (300 miles) from 
all antenna locations of ground stations using the same channel block(s) 
in accordance with the geographical channel block layout or with 
paragraph (b) of this section.
    (b) Ground station locations may be more than 1.61 kilometers (one 
mile) from all of the locations listed in this section, provided that 
they are at least 885 kilometers (550 miles) from all antenna locations 
of ground stations using the same channel block(s) in accordance with 
the geographical channel block layout or with this paragraph.



Sec. 22.861  Emission limitations.

    Any appropriate emission type may be used to provide air-ground 
radiotelephone service on the channels listed in Sec. 22.857, provided 
that the emission limitations of this section are met.
    (a) Emission mask. The emission mask described in this paragraph 
applies instead of those in Sec. 22.359. The power of any emission in 
each of the adjacent channels must be at least 30 dB below the power of 
the total emission. The power of any emission in any of the channels 
other than the one being used and the adjacent channels must be at least 
50 dB below the power of the total emission.
    (b) Airborne mobile transmitters. The power of any emission in each 
of the adjacent channels must not exceed -130 dBm at any ground station 
receiver, assuming a 0 dBi receive antenna. The power of any emission in 
any of the channels other than the one being used and the adjacent 
channels must not exceed -148 dBm at any ground station receiver, 
assuming a 0 dBi receive antenna.
    (c) Ground station transmitters. The effective radiated power (ERP) 
of any emission outside of the frequency ranges set forth in Sec. 22.857 
must not exceed -10 dBm. The ERP of any emission in each of the adjacent 
channels must not exceed +10 dBm. The ERP of any emission in any of the 
channels other than the one being used and the adjacent channels must 
not exceed -5 dBm.
    (d) If an emission on any frequency outside of the authorized 
bandwidth causes harmful interference, the FCC may require greater 
attenuation of that emission than required in paragraph (a) of this 
section.



Sec. 22.863  Transmitter frequency tolerance.

    Ground station transmitter frequencies must be maintained within 0.1 
parts per million (ppm) of the channel reference or center frequencies. 
Doppler shift correction must be used to ensure that the frequencies of 
the signals of airborne mobile stations received at ground stations 
remain within 0.2 ppm of the channel reference or center frequencies.



Sec. 22.865  Automatic channel selection procedures.

    Operation of stations using the channels listed in Sec. 22.857 must 
be in accordance with the procedures in this section.
    (a) A communications channel is not available for use by a ground 
station if it is already in use by another ground station at the same 
location. Ground station equipment must automatically determine whether 
channels are in use by other ground stations at the same

[[Page 187]]

location, and may employ radio frequency signal monitoring to do so. For 
example, a communications channel may be determined to be in use if the 
received signal power on that channel at the ground station exceeds -115 
dBm, which, assuming a 0 dB gain 895 MHz receive antenna, corresponds to 
a field strength of approximately 19 dBV/m. Ground stations may 
employ an alternative method of determining whether a communications 
channel is in use provided that such procedure is at least as reliable 
as radio frequency signal monitoring.
    (b) Data indicating which communications channels are available for 
use are transmitted by ground stations on the assigned control channels.
    (c) A call is originated when an airborne mobile station selects a 
communications channel based on the received data from ground stations 
and other factors, and transmits an identification code (which 
identifies the specific ground station from which service is requested) 
on the selected communications channel. The ground station from which 
service has been requested may then obtain any necessary billing 
information and complete the call.
    (d) A ground station may not transmit on a communications channel 
unless it has received the proper identification code. After a ground 
station has begun to transmit on a communications channel, that channel 
is not available to ground stations other than the one from which 
service has been requested until the call is terminated.
    (e) A call is terminated by the ground station when either a hang-up 
signal is transmitted by the airborne mobile station, or the signal from 
the airborne mobile station on the communications channel is lost for a 
period of 15 continuous seconds. The hang-up signal is the on-off keying 
(50% duty cycle) of an unmodulated carrier over a period of one second 
with pulse duration of 5 milliseconds. However, if all carriers 
authorized to operate air-ground systems using the channels listed in 
Sec. 22.857 agree that an alternative hang-up signal and/or procedure 
would be more efficient or beneficial, such alternative hang-up signal 
and/or procedure may be used. The carriers must jointly give prior 
notification to the FCC if an alternative hang-up signal and/or 
procedure is used.



Sec. 22.867  Effective radiated power limits.

    The effective radiated power (ERP) of ground and airborne stations 
operating on the channels listed in Sec. 22.857 must not exceed the 
limits in this section.
    (a) The ERP of airborne mobile station transmitters must not exceed 
30 Watts.
    (b) The ERP of ground station transmitters must not exceed 100 
Watts.
    (c) The ERP of low power ground station transmitters operating 
pursuant to paragraph (a) of Sec. 22.859 must not exceed 1 Watt.



Sec. 22.869  Assignment of control channels.

    The FCC selects and assigns exclusively one control channel to each 
commercial aviation air-ground licensee.



Sec. 22.871  Control channel transition period.

    The rules in this section provide for a period of transition during 
which the experimental air-ground system operating on the channels 
listed in Sec. 22.857 will be discontinued and replaced by a system 
operating in full compliance with the rules in this subpart. The 
experimental system may continue to exclusively use a 3.2 kHz control 
channel contained within the bandwidth of communications channel C-2 of 
each channel block until September 9, 1996. After that date 
communications channel C-2 will be available for use by all carriers 
authorized to operate an air-ground system on the channels listed in 
Sec. 22.857.



Sec. 22.873  Construction period for commercial aviation air-ground systems.

    Construction of a new commercial aviation air-ground system is 
considered to be completed for the purpose of this section and 
Sec. 22.142 when the number of ground stations specified in this section 
are constructed and operational.
    (a) Stage I. At least 25 ground stations must be constructed and 
operational within 3 years. Licensees must

[[Page 188]]

notify the FCC (FCC Form 489) as soon as this requirement is met. 
Service to subscribers may commence as soon as the notification is 
mailed. If service to subscribers is not commenced at that time, the 
notification must contain a statement to this effect.
    (b) Stage II. At least 50 ground stations must be constructed and 
operational within 5 years. Nationwide service to subscribers must 
commence within 5 years. Licensees must notify the FCC (FCC Form 489) as 
soon as these requirements are met.



Sec. 22.875  Commercial aviation air-ground system application requirements.

    Existing and prospective common carriers may file applications for 
authority to construct and operate a new nationwide air-ground system on 
the channels listed in Sec. 22.857 only during window filing periods 
that may be announced by the FCC in Public Notices. In addition to the 
requirements elsewhere in this part, such applications must contain the 
following exhibits:
    (a) Written agreement. A signed agreement between the applicant and 
at least one airline or airline organization, authorizing the applicant 
to provide air-ground service on its aircraft.
    (b) Financial qualifications. At the time of filing its application 
an applicant must demonstrate that it has either a firm financial 
commitment or available financial resources necessary to construct 50 
ground stations and operate for one year after initiation of nationwide 
air-ground service its proposed air-ground system.
    (1) The demonstration of commitment must include and be sufficient 
to cover the realistic and prudent estimated costs of construction of 50 
ground stations, operation and other initial expenses for one year after 
initiation of nationwide air-ground service. The estimated costs, 
operation costs and other initial expenses must be itemized. The 
estimated costs must include the anticipated costs of construction of 
each ground station.
    (2) The firm financial commitment required above must be obtained 
from a state or federally chartered bank or savings and loan 
association, or the financial affiliate or subsidiary of an equipment 
supplier, and must contain a statement that the lender:
    (i) Has examined the financial condition of the applicant including 
audited financial statements, and has determined that the applicant is 
credit worthy;
    (ii) That the lender is committed to providing a sum certain to the 
particular applicant;
    (iii) That the lender's willingness to enter into the commitment is 
based solely on its relationship with the applicant; and
    (iv) That the commitment is not in any way guaranteed by any entity 
other than the applicant.
    (3) Applicants intending to rely on personal or internal resources 
must submit:
    (i) Audited financial statements certified within one year of the 
date of the application, indicating the availability of sufficient net 
liquid assets to construct and operate the proposed air-ground system 
for one year.
    (A) The auditors must be certified public accountants.
    (B) Net liquid assets is considered to be the excess of current 
assets (readily converted to cash) over current liabilities. In order to 
demonstrate ready convertibility into cash, the identity, liquidity and 
value of listed assets must be demonstrated. Non-liquid assets can be 
relied on if the marketability of those assets is documented.
    (ii) An audited balance sheet, current within 60 days of filing, 
which clearly shows the continued availability of sufficient net liquid 
assets to construct and operate the proposed air-ground system for one 
year after nationwide service begins.
    (c) Service Plan. A service plan containing:
    (1) A map or other description of the planned geographic coverage 
area, including air space over the continental United States, Alaska, 
Hawaii and other United States territories.
    (2) A schedule for construction of 50 ground stations and provision 
of nationwide service to subscribers within 5 years from the grant of 
the initial authorization.
    (3) A description of how the system will interconnect with the 
landline telephone network and be integrated

[[Page 189]]

with other air-ground systems, including a statement as to whether the 
system will be interconnected with international air-ground systems.
    (d) Technical Exhibit. A technical description of the proposed 
system demonstrating compliance with all applicable technical 
requirements and describing how the proposed system would operate, if 
authorized. This exhibit must provide the following information:
    (1) The number of ground stations to be used, their locations, and 
the type and quantity of equipment proposed for the system;
    (2) A complete description of the procedures and data protocols to 
be used on the control channel;
    (3) The modulation types to be used and their spectral 
characteristics;
    (4) The effective radiated power and transmitter peak envelope power 
for all transmitters at each ground station location, and the effective 
radiated power of the airborne mobile stations;
    (5) Antenna information as follows:
    (i) For airborne mobile stations, the antenna type(s) to be used;
    (ii) For ground stations, vertical and horizontal radiation 
patterns, antenna heights above ground level, antenna support structure 
heights above ground level, ground elevation above mean sea level and 
any relevant information (e.g. FAA approval) that may be helpful in 
determining whether ground station antennas require marking and 
lighting;
    (6) Analytical data, including calculations, of potential 
interference within and without the spectrum for the air-ground system;
    (7) A statement in compliance with the National Environmental Policy 
Act of 1969. See Secs. 1.1301 through 1.1319 of this chapter.



               Subpart H--Cellular Radiotelephone Service



Sec. 22.900  Scope.

    The rules in this subpart govern the licensing and operation of 
cellular radiotelephone systems. Licensing and operation of these 
systems are also subject to rules elsewhere in this part that apply 
generally to the Public Mobile Services. In case of conflict, however, 
the rules in this subpart govern.



Sec. 22.901  Cellular service requirements and limitations.

    Cellular system licensees must provide cellular mobile 
radiotelephone service upon request to all cellular subscribers in good 
standing, including roamers, while such subscribers are located within 
any portion of the authorized cellular geographic service area (see 
Sec. 22.911) where facilities have been constructed and mobile service 
to subscribers has commenced. A cellular system licensee may refuse or 
terminate service, however, subject to any applicable state or local 
requirements for timely notification to any subscriber who operates a 
cellular telephone in an airborne aircraft in violation of Sec. 22.925 
or otherwise fails to cooperate with the licensee in exercising 
operational control over mobile stations pursuant to Sec. 22.927.
    (a) Service area information. Licensees must inform prospective 
subscribers of the area in which reliable service can be expected.
    (b) Lack of capacity. If a licensee refuses a request for cellular 
service because of a lack of system capacity, it must report that fact 
to the FCC in writing, explaining how it plans to increase capacity.
    (c) Dispatch service. Cellular systems may provide dispatch service.
    (d) Alternative technologies and co-primary services. Licensees of 
cellular systems may use alternative cellular technologies and/or 
provide fixed services on a co-primary basis with their mobile 
offerings, including personal communications services (as defined in 
Part 24 of this chapter) on the spectrum within their assigned channel 
block. Cellular carriers that provide mobile services must make such 
service available to subscribers whose mobile equipment conforms to the 
cellular system compatibility specification (see Sec. 22.933).
    (1) Licensees must perform or obtain an engineering analysis to 
ensure that interference to the service of other cellular systems will 
not result from the implementation of co-primary fixed services or 
alternative cellular technologies.
    (2) Alternative technology and co-primary fixed services are exempt 
from the channeling requirements of Sec. 22.905, the modulation 
requirements of Sec. 22.915,

[[Page 190]]

the wave polarization requirements of Sec. 22.367, the compatibility 
specification in Sec. 22.933 and the emission limitations of 
Secs. 22.357 and 22.917, except for emission limitations that apply to 
emissions outside the assigned channel block.

[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994, as amended at 
60 FR 15495, Mar. 24, 1995; 61 FR 38403, July 24, 1996; 61 FR 45356, 
Aug. 29, 1996]



Sec. 22.905  Channels for cellular service.

    The following channels are allocated for block assignment in the 
Cellular Radiotelephone Service. All channels have a bandwidth of 40 kHz 
and are designed by their center frequencies in MegaHertz.

------------------------------------------------------------------------
              Base                 Mobile          Base          Mobile
------------------------------------------------------------------------
                             CHANNEL BLOCK A
 
                     416 communication channel pairs
 
869.040........................  824.040    890.010...........  845.010
869.070........................  824.070    890.040...........  845.040
   |                                |          |                   |
   |                                |          |                   |
879.990........................  834.990    891.480...........  846.480
 
                        21 control channel pairs
 


                834.390.................  879.390
                834.420.................  879.420
                   |                         |
                   |                         |
                834.990.................  879.990
 


                             CHANNEL BLOCK B
 
                     416 communication channel pairs
 
880.020.........................  835.020   891.510...........  846.510
880.050.........................  835.050   981.540...........  846.540
   |                                 |         |                   |
   |                                 |         |                   |
889.980.........................  844.980   893.970...........  848.970
 
                        21 control channel pairs
 



                835.020.................  880.020
                835.050.................  880.050
                   |                         |
                   |                         |
                835.920.................  880.620
 

    (a) Each channel block is assigned exclusively to one licensee for 
use in that licensee's cellular geographic service area (see 
Sec. 22.911).
    (b) Licensees may use any channel pair from the assigned channel 
block at any of their transmitter locations, subject to the prior 
coordination requirements of Sec. 22.907.

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.907  Coordination of channel usage.

    Licensees in the Cellular Radiotelephone Service must coordinate, 
with the appropriate parties, channel usage at each transmitter location 
within 121 kilometers (75 miles) of any transmitter locations authorized 
to other licensees or proposed by tentative selectees or other 
applicants, except those with mutually exclusive applications.
    (a) Licensees must cooperate and make reasonable efforts to resolve 
technical problems that may inhibit effective and efficient use of the 
cellular radio spectrum; however, licensees are not obligated to suggest 
extensive changes to or redesign other licensees' cellular systems. 
Licensees must make reasonable efforts to avoid blocking the growth of 
other cellular systems that are likely to need additional capacity in 
the future.
    (b) If technical problems are addressed by an agreement or operating 
arrangement between the licensees that would result in a reduction of 
quality or capacity of either system, the licensees must notify the FCC 
by letter.



Sec. 22.909  Cellular markets.

    Cellular markets are standard geographic areas used by the FCC for 
administrative convenience in the licensing of cellular systems. 
Cellular markets comprise Metropolitan Statistical Areas (MSAs) and 
Rural Service Areas (RSAs). All cellular markets and the counties they 
comprise are listed in Public Notice Report No. CL-92-40 ``Common 
Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and 
Counties'', dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992).
    (a) MSAs. Metropolitan Statistical Areas are 306 areas, including 
New England County Metropolitan Areas and the Gulf of Mexico Service 
Area (water area of the Gulf of Mexico, border is the coastline), 
defined by the Office of Management and Budget, as modified by the FCC.
    (b) RSAs. Rural Service Areas are 428 areas, other than MSAs, 
established by the FCC.

[[Page 191]]



Sec. 22.911  Cellular geographic service area.

    The Cellular Geographic Service Area (CGSA) of a cellular system is 
the geographic area considered by the FCC to be served by the cellular 
system. The CGSA is the area within which cellular systems are entitled 
to protection and within which adverse effects for the purpose of 
determining whether a petitioner has standing are recognized.
    (a) CGSA determination. The CGSA is the composite of the service 
areas of all of the cells in the system, excluding any area outside the 
cellular market boundary, except as provided in paragraph (c) of this 
section, and excluding any area within the CGSA of another cellular 
system. The service area of a cell is the area within its service area 
boundary (SAB). The distance to the SAB is calculated as a function of 
effective radiated power (ERP) and antenna center of radiation height 
above average terrain (HAAT), height above sea level (HASL) or height 
above mean sea level (HAMSL).
    (1) Except as provided in paragraphs (a)(2) and (b) of this section, 
the distance from a cell transmitting antenna to its SAB along each 
cardinal radial is calculated as follows:

d=2.531 x h0.34 xp0.17

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (2) For the cellular systems authorized to serve the Gulf of Mexico 
MSA, the distance from a cell transmitting antenna to its SAB along each 
cardinal radial is calculated as follows:

d=6.895 x h0.30 xp0.15

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (3) The value used for h in the formula in paragraph (a)(2) of this 
section must not be less than 8 meters (26 feet) HASL (or HAMSL, as 
appropriate for the support structure). The value used for h in the 
formula in paragraph (a)(1) of this section must not be less than 30 
meters (98 feet) HAAT, except that for unserved area applications 
proposing a cell with an ERP not exceeding 10 Watts, the value for h 
used in the formula in paragraph (a)(1) of this section to determine the 
service area boundary for that cell may be less than 30 meters (98 feet) 
HAAT, but not less than 3 meters (10 feet) HAAT.
    (4) The value used for p in the formulas in paragraphs (a)(1) and 
(a)(2) of this section must not be less than 0.1 Watt or 27 dB less than 
(1/500 of) the maximum ERP in any direction, whichever is more.
    (5) Whenever use of the formula in paragraph (a)(1) of this section 
pursuant to the exception contained in paragraph (a)(3) of this section 
results in a calculated distance that is less than 5.4 kilometers (3.4 
miles), the radial distance to the service area boundary is deemed to be 
5.4 kilometers (3.4 miles).
    (6) The distance from a cell transmitting antenna to the SAB along 
any radial other than the eight cardinal radials is calculated by linear 
interpolation of distance as a function of angle.

    Note to paragraph (a) of Sec. 22.911: On May 13, 1994, the United 
States Court of Appeals for the District of Columbia Circuit instructed 
the FCC to vacate the provisions of old Sec. 22.903(a), now 
Sec. 22.911(a), insofar as they apply to cellular systems licensed to 
serve the Gulf of Mexico MSA (GMSA), pending reconsideration of an issue 
remanded to the FCC in that decision. See Petroleum Communications, Inc. 
v. Federal Communications Commission, No. 92-1670 and RVC Services, 
Inc., D/B/A Coastel Communications Company v. Federal Communications 
Commission, No. 93-1016, ____ F.2d ____, ____ (D.C. Cir. 1994). 
Accordingly, notwithstanding the provisions of Sec. 22.911(a), until 
further notice, the authorized CGSAs of the cellular systems licensed to 
serve the GMSA are those which were authorized prior to January 11, 
1993.

    (b) Alternative CGSA determination. If a carrier believes that the 
method prescribed in paragraph (a) of this section produces a CGSA that 
departs significantly (20% in the service area of any cell) 
from the geographical area where reliable cellular service is actually 
provided, the carrier may submit, as an exhibit to an application for 
modification of the CGSA (FCC Form 600), a depiction of what the carrier 
believes the CGSA should be. Such submissions must be accompanied by one 
or more

[[Page 192]]

supporting propagation studies using methods appropriate for the 800-900 
MHz frequency range, including all supporting data and calculations, 
and/or by extensive field strength measurement data. For the purpose of 
such submissions, cellular service is considered to be provided in all 
areas, including ``dead spots'', between the transmitter location and 
the locus of points where the predicted or measured median field 
strength finally drops to 32 dBV/m (i.e. does not exceed 32 
dBV/m further out). If, after consideration of such 
submissions, the FCC finds that adjustment to a CGSA is warranted, the 
FCC may grant the application.
    (1) The alternative CGSA determination must define the CGSA in terms 
of distances from cell sites to cell SABs along the eight cardinal 
radials, with other points along the SAB determined in accordance with 
paragraph (a)(6) of this section. The distances used for the cardinal 
radials must be representative of the coverage within the 45 deg. 
sectors, as depicted by the alternative CGSA determination.
    (2) If an uncalibrated predictive model is used to depict the CGSA, 
the alternative CGSA determination must identify factors (e.g. terrain 
roughness or features) that could plausibly account for the difference 
between actual coverage and that defined by the formula in paragraph 
(a)(1) of this section. If actual measurements or a measurement-
calibrated predictive model are used to depict the CGSA, and this fact 
is disclosed in the alternative CGSA determination, it is not necessary 
to offer an explanation of the difference between actual coverage and 
that defined by the formula in paragraph (a)(1) of this section. If the 
formula in paragraph (a)(1) of this section is clearly inapplicable for 
the cell(s) in question (e.g. for microcells), this should be disclosed 
in the alternative CGSA determination.
    (3) The provision for alternative CGSA determinations was made in 
recognition that the formula in paragraph (a)(1) of this section is a 
general model that provides a reasonable approximation of coverage in 
most land areas, but may substantially under-predict or over-predict 
coverage in specific areas with unusual terrain roughness or features, 
and may be inapplicable for certain purposes, e.g. cells with a radial 
distance to the SAB less than 8 kilometers (5 miles). In such cases, 
alternative methods that utilize more specific models are appropriate. 
Accordingly, the FCC does not consider use of the formula in paragraph 
(a)(1) of this section with parameters outside of the limits in 
paragraphs (a)(3), (a)(4) and (a)(5) of this section or with data for 
radials other than the cardinal radials to be a valid alternative method 
for determining the CGSA of a cellular system.
    (c) CGSA extension areas. SAB extensions (areas outside of the 
cellular market boundary, but within the service area as calculated 
using the methods of paragraph (a) of this section) are part of the CGSA 
only under the following circumstances:
    (1) During the five year build-out period of the system in the 
cellular market containing the extension, the licensees of systems on 
the same channel block in adjacent cellular markets may agree that the 
portion of the service area of one system that extends into unserved 
areas in the other system's cellular market is part of the CGSA of the 
former system.
    (2) At the end of the five year build-out period of the system in 
the cellular market containing the extension, the portion of the service 
area that extends into unserved areas in another cellular market becomes 
part of the CGSA, provided that the licensee of the system so extended 
files a system information update in accordance with Sec. 22.947(c).
    (3) For original systems in MSAs, extensions of the CGSA authorized 
by the FCC are part of the CGSA to the extent authorized.
    (d) Protection afforded. Within the CGSA determined in accordance 
with this section, cellular systems are entitled to protection from co-
channel and first-adjacent channel interference and from capture of 
subscriber traffic by adjacent systems on the same channel block.
    (1) Licensees must cooperate in resolving co-channel and first-
adjacent channel interference by changing channels used at specific 
cells or by other technical means.

[[Page 193]]

    (2) Protection from capture of subscriber traffic is applied and 
limited in accordance with the following:
    (i) Subscriber traffic is captured if an SAB of one cellular system 
overlaps the CGSA of another operating cellular system. Therefore, 
cellular licensees must not begin to operate any facility that would 
cause an SAB to overlap the existing CGSA of another cellular system on 
the same channel block, without first obtaining the written consent of 
the licensee of that system. However, cellular licensees may continue to 
operate existing facilities that produce an SAB overlapping a 
subsequently-authorized portion of the CGSA of another cellular system 
on the same channel block until the licensee of that system requests 
that the SAB be removed from its CGSA. Such request may be made directly 
to the licensee of the overlapping system or to the FCC. In the event 
such request is made, the licensee of the overlapping system must reduce 
the transmitting power or antenna height (or both) at the pertinent cell 
site as necessary to remove the SAB from the CGSA of the other system, 
unless a written consent from the licensee of the other system allowing 
the SAB to remain is obtained. Cellular licensees may enter into 
contracts with the licensees of other cellular systems on the same 
channel block to allow SABs to overlap CGSAs.
    (ii) Cellular licensees are at most entitled to have a CGSA free of 
SABs from other cellular systems on the same channel block.
    (e) Unserved areas. Unserved areas are areas outside of all existing 
CGSAs (on either of the channel blocks), to which the Communications Act 
of 1934, as amended, is applicable.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.912  Service area boundary extensions.

    This section contains rules governing service area boundary (SAB) 
extensions. SAB extensions are areas outside of the cellular market 
boundary, but within the service area as calculated using the methods of 
Sec. 22.911(a). Cellular systems must be designed to comply with the 
rules in this section. Applications proposing systems that would not 
comply with the rules in this section are defective. Service within SAB 
extensions is not protected from interference or capture under 
Sec. 22.911(d) unless and until the area within the SAB extension 
becomes a part of the cellular geographic service area (CGSA) in 
accordance with Sec. 22.911(c).
    (a) De minimis extensions. Except as restricted in paragraph (d) of 
this section, SABs may extend into adjacent cellular markets if such 
extensions are de minimis, are demonstrably unavoidable for technical 
reasons of sound engineering design, and do not extend into the CGSA of 
any other licensee's cellular system on the same channel block (unless 
the licensee of such other system consents to the extension) or into any 
adjacent cellular market on a channel block for which the five year 
build-out period has expired.
    (b) Contract extensions. Except as restricted in paragraph (d) of 
this section, licensees of cellular systems on the same channel block in 
adjacent cellular markets may, at any time, enter into contracts with 
applicants or other licensees to allow SAB extensions into their CGSA 
only (not into unserved areas). Except as restricted in paragraph (d) of 
this section, licensees of the first authorized cellular systems on the 
same channel block in adjacent cellular markets may agree to allow SAB 
extensions into their CGSA and/or unserved areas in their cellular 
markets during the five year build-out period of the market into which 
the SAB extends.
    (c) Same applicant/licensee. Except as restricted in paragraph (d) 
of this section, licensees of cellular systems that are also an 
applicant or licensee on the same channel block in adjacent cellular 
markets may, at any time, allow or propose SAB extensions from their 
adjacent market system into their CGSH only (not into unserved areas). 
Except as restricted in paragraph (d) of this section, licensees of the 
first authorized cellular systems that are also an applicant or licensee 
on the same channel block in adjacent cellular markets may allow or 
propose SAB extensions from their adjacent market system into their CGSA 
and/or unserved areas in their cellular markets during

[[Page 194]]

the five year build-out period of the market into which the SAB extends.
    (d) Unserved area systems. Phase I initial cellular applications 
must not propose SAB extensions. Phase I sole major modification 
applications and Phase II applications may propose SAB extensions, 
subject to the conditions in this section.



Sec. 22.913  Effective radiated power limits.

    The effective radiated power (ERP) of transmitters in the Cellular 
Radiotelephone Service must not exceed the limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of base 
transmitters and cellular repeaters must not exceed 500 Watts. The ERP 
of mobile transmitters and auxiliary test transmitters must not exceed 7 
Watts.
    (b) Height-power limit. The ERP of base transmitters must not exceed 
the amount that would result in an average distance to the service area 
boundary of 79.1 kilometers (49 miles) for cellular systems authorized 
to serve the Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all 
other cellular systems. The average distance to the service area 
boundary is calculated by taking the arithmetic mean of the distances 
determined using the procedures specified in Sec. 22.911 for the eight 
cardinal radial directions.
    (c) Coordination exemption. Licensees need not comply with the 
height-power limit in paragraph (b) of this section if the proposed 
operation is coordinated with the licensees of all affected cellular 
systems on the same channel block within 121 kilometers (75 miles) and 
concurrence is obtained.



Sec. 22.915  Modulation requirements.

    Cellular systems must be capable of providing service using the 
types of modulation described in the cellular system compatibility 
specification.
    (a) Non-voice modulating signals. Modulating signals other than 
voice signals, such as data signals, may be transmitted, provided the 
resulting modulated emission exhibits spectral characteristics not 
exceeding those resulting from voice modulation.
    (b) Modulation levels. The levels of the modulating signals must be 
set to the values specified in this paragraph, and must be maintained 
within 10% of those values.
    (1) The instantaneous frequency deviation resulting from the main 
modulating signal must be 12 kHz.
    (2) The instantaneous frequency deviation resulting from the 
supervisory audio tones must be 2 kHz.
    (3) The instantaneous frequency deviation resulting from the 
signaling tone must be 8 kHz.
    (4) The instantaneous frequency deviation resulting from wideband 
data signals must be 8 kHz.
    (c) Deviation limitation circuitry. Cellular transmitters must be 
equipped with circuitry that automatically prevents modulation levels 
for voice transmissions from exceeding the limits specified in this 
section.
    (d) Audio filter characteristics. Except as provided in Sec. 22.917, 
radiotelephony signals applied to the modulator from the modulation 
limiter must be attenuated as a function of frequency as specified in 
this paragraph.
    (1) For mobile stations, these signals must be attenuated, relative 
to the level at 1 kHz, as follows:
    (i) In the frequency ranges of 3.0 to 5.9 kHz and 6.1 to 15.0 kHz, 
signals must be attenuated by at least 40 log (f3) dB, where f 
is the frequency of the signal in kHz.
    (ii) In the frequency range of 5.9 to 6.1 kHz, signals must be 
attenuated at least 35 dB.
    (iii) In the frequency range above 15 kHz, signals must be 
attenuated at least 28 dB.
    (2) For base stations, these signals shall be attenuated, relative 
to the level at 1 kHz, as follows:
    (i) In the frequency range of 3 to 15 kHz, signals must be 
attenuated by at least 40 log (f3) dB, where f is the frequency 
of the signal in kHz.
    (ii) In the frequency range above 15 kHz, signals must be attenuated 
by at least 28 dB.
    (3) Filtering is not required for the supervisory audio tones, 
signaling tones or wideband data signals.

[[Page 195]]



Sec. 22.917  Emission limitations for cellular.

    The rules in this section govern the spectral characteristics of 
emissions in the Cellular Radiotelephone Service.
    (a) Analog radiotelephony emissions. F3E emissions must be used only 
on the communication channels.
    (b) F3E/F3D emission mask for use with audio filter. For F3E and F3D 
emissions, except as provided in paragraph (c) of this section, the mean 
power of emissions must be attenuated below the mean power of the 
unmodulated carrier wave (P) as follows:
    (1) On any frequency removed from the carrier frequency by more than 
20 kHz but not more than 45 kHz:

at least 26 dB;

    (2) On any frequency removed from the carrier frequency by more than 
45 kHz, up to the first multiple of the carrier frequency:

at least 60 dB or 43 + 10 log P dB, whichever is the lesser attenuation.

    (c) Alternative F3E/F3D emission mask. For F3E and F3D emissions, 
transmitters may comply with the emission limitations in this paragraph 
in lieu of compliance with paragraph (b) of this section and the audio 
filter requirement of Sec. 22.915.
    (1) The mean power of any emission removed from the carrier 
frequency by a displacement frequency (fd in kHz) must be 
attenuated below the mean power of the unmodulated carrier (P) as 
follows:
    (i) On any frequency removed from the carrier frequency by more than 
12 kHz but not more than 20 kHz:

at least 117 log (fd12) dB;

    (ii) On any frequency removed from the carrier frequency by more 
than 20 kHz, up to the first multiple of the carrier frequency:

at least 100 log (fd11) dB or 60 dB or 43 + 10 log P 
dB, whichever is the lesser attenuation;

    (2) For mobile stations, modulating signals other than the 
supervisory audio tone in the frequency range of 5.9 to 6.1 kHz must be 
attenuated, relative to the level at 1 kHz, at least 35 dB.
    (d) F1D emission mask. For F1D emissions, the mean power of 
emissions must be attenuated below the mean power of the unmodulated 
carrier (P) as follows:
    (1) On any frequency removed from the carrier frequency by more than 
20 kHz but not more than 45 kHz:

at least 26 dB;

    (2) On any frequency removed from the carrier frequency by more than 
45 kHz but not more than 90 kHz:

at least 45 dB;

    (3) On any frequency removed from the carrier frequency by more than 
90 kHz, up to the first multiple of the carrier frequency:

at least 60 dB or 43+10 log P dB, whichever is the lesser attenuation.

    (e) Out of band emissions. The mean power of emissions must be 
attenuated below the mean power of the unmodulated carrier (P) on any 
frequency twice or more than twice the fundamental frequency by:

at least 43+10 log P dB.

    (f) Mobile emissions in base frequency range. The mean power of any 
emissions appearing in the base station frequency range from cellular 
mobile transmitters operated must be attenuated to a level not to exceed 
-80 dBm at the transmit antenna connector.
    (g) Interference from spurious emissions. If any emission from a 
transmitter operating in this service results in interference to users 
of another radio service, the FCC may require a greater attenuation of 
that emission than specified in this section.
    (h) Measurement procedure. The following spectrum analyzer bandwidth 
settings should be used for measurement of spurious emissions:
    (1) When operating in the radiotelephony mode or the supervisory 
audio tone mode:
    (i) For any emission not more than 45 kHz removed from the carrier 
frequency: 300 Hz;
    (ii) For any emission more than 45 kHz removed from the carrier 
frequency: 30 kHz.
    (2) When operating in the wideband data mode or the signaling tone 
mode:
    (i) For any emission not more than 60 kHz removed from the carrier 
frequency: 300 Hz;
    (ii) For any emission more than 60 kHz removed from the carrier 
frequency: 30 kHz.

[[Page 196]]



Sec. 22.919  Electronic serial numbers.

    The Electronic Serial Number (ESN) is a 32 bit binary number that 
uniquely identifies a cellular mobile transmitter to any cellular 
system.
    (a) Each mobile transmitter in service must have a unique ESN.
    (b) The ESN host component must be permanently attached to a main 
circuit board of the mobile transmitter and the integrity of the unit's 
operating software must not be alterable. The ESN must be isolated from 
fraudulent contact and tampering. If the ESN host component does not 
contain other information, that component must not be removable, and its 
electrical connections must not be accessible. If the ESN host component 
contains other information, the ESN must be encoded using one or more of 
the following techniques:
    (1) Multiplication or division by a polynomial;
    (2) Cyclic coding;
    (3) The spreading of ESN bits over various non-sequential memory 
locations.
    (c) The ESN must be factory set and must not be alterable, 
transferable, removable or otherwise able to be manipulated. Cellular 
mobile equipment must be designed such that any attempt to remove, 
tamper with, or change the ESN chip, its logic system, or firmware 
originally programmed by the manufacturer will render the mobile 
transmitter inoperative.



Sec. 22.923  Cellular system configuration.

    Mobile stations communicate with and through base transmitters only. 
Base transmitters communicate with mobile stations directly or through 
cellular repeaters. Auxiliary test stations may communicate with base or 
mobile stations for the purpose of testing equipment.



Sec. 22.925  Prohibition on airborne operation of cellular telephones.

    Cellular telephones installed in or carried aboard airplanes, 
balloons or any other type of aircraft must not be operated while such 
aircraft are airborne (not touching the ground). When any aircraft 
leaves the ground, all cellular telephones on board that aircraft must 
be turned off. The following notice must be posted on or near each 
cellular telephone installed in any aircraft:
    ``The use of cellular telephones while this aircraft is airborne is 
prohibited by FCC rules, and the violation of this rule could result in 
suspension of service and/or a fine. The use of cellular telephones 
while this aircraft is on the ground is subject to FAA regulations.''



Sec. 22.927  Responsibility for mobile stations.

    Mobile stations that are subscribers in good standing to a cellular 
system, when receiving service from that cellular system, are considered 
to be operating under the authorization of that cellular system. 
Cellular system licensees are responsible for exercising effective 
operational control over mobile stations receiving service through their 
cellular systems. Mobile stations that are subscribers in good standing 
to a cellular system, while receiving service from a different cellular 
system, are considered to be operating under the authorization of such 
different system. The licensee of such different system is responsible, 
during such temporary period, for exercising effective operational 
control over such mobile stations as if they were subscribers to it.



Sec. 22.929  Application requirements for the Cellular Radiotelephone Service.

    In addition to information required by subparts B and D of this 
part, applications for authorization in the Cellular Radiotelephone 
Service must contain the applicable supplementary information described 
in this section. Initial applications for new cellular systems must also 
comply with Sec. 22.953.
    (a) Administrative information. The following information is 
required either by FCC Form 600, Schedule C, or as an exhibit.
    (1) The number of transmitter sites for which authorization is 
requested;
    (2) The call sign(s) of other facilities in the same area that are 
ultimately controlled by the real party in interest to the application;
    (3) If the application involves a service area boundary (SAB) 
extension (see Sec. 22.912), a statement as to whether the

[[Page 197]]

five year build-out period for the system on the relevant channel block 
in the market into which the SAB extends has elapsed, and whether the 
SAB extends into any unserved area in that market.
    (b) Technical information. The following information is required by 
FCC Form 600, Schedule C.
    (1) Location description; city; county; state; geographical 
coordinates correct to 1 second, the datum used (NAD 27 and 
NAD 83), site elevation above mean sea level, proximity to adjacent 
market boundaries and international borders;
    (2) Antenna manufacturer, model number and type, antenna height to 
tip above ground level, the height of the center of radiation of the 
antenna above the average terrain, the height of the antenna center of 
radiation above the average elevation of the terrain along each of the 8 
cardinal radials, antenna gain in the maximum lobe, the beamwidth of the 
maximum lobe of the antenna, a polar plot of the horizontal gain pattern 
of the antenna, the electric field polarization of the wave emitted by 
the antenna when installed as proposed;
    (3) The channel block requested, the maximum effective radiated 
power, the effective radiated power in each of the cardinal radial 
directions.
    (c) Maps. If the application proposes a change in the CGSA, it must 
include full size and reduced maps, and supporting engineering, as 
described in Sec. 22.953(a)(5)(i) through (iii).

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.933  Cellular system compatibility specification.

    Except as provided in Sec. 22.901(d), equipment used in the Cellular 
Radiotelephone Service must be designed in compliance with the technical 
specifications for compatibility of mobile and base stations in the 
Cellular Radiotelephone Service contained in ``Cellular System Mobile 
Station-Land Station Compatibility Specification'' (April 1981 Ed.), 
Office of Engineering and Technology Bulletin No. 53. This bulletin is 
contained in Appendix D to the Report and Order in CC Docket No. 79-318, 
and was published in the Federal Register of May 21, 1981. Copies may be 
obtained from the FCC's copying contractor. Special operational features 
that have been developed by joint industry consensus through the 
Telecommunications Industry Association (TIA) and established as a TIA 
standard may be activated at the option of the cellular licensee, 
provided that the compatibility of equipment within the Cellular 
Radiotelephone Service as specified in OET Bulletin No. 53 is not 
adversely affected.



Sec. 22.935  Procedures for comparative renewal proceedings.

    The procedures in this section apply to comparative renewal 
proceedings in the Cellular Radiotelephone Service.
    (a) If one or more applications competing with an application for 
renewal of a cellular authorization are filed, the renewal applicant 
must file with the FCC an original and four copies of its renewal 
expectancy showing. This filing must be submitted no later than 60 days 
after the date of the Public Notice listing as acceptable for filing the 
renewal application and the competing applications.
    (b) Interested parties may file petitions to deny any of the 
mutually exclusive applications. Any such petitions to deny must be 
filed no later than 30 days after the date that the renewal applicant 
submitted its renewal expectancy showing. Applicants may file replies to 
any petitions to deny applications that are filed. Any such replies must 
be filed no later than 15 days after the date that the petition(s) to 
deny was filed. No further pleadings will be accepted.
    (c) In most instances, the renewal application and any competing 
applications will be designated for a two-step procedure. An 
Administrative Law Judge (Presiding Judge) will conduct a threshold 
hearing (step one), in which both the licensee and the competing 
applicants will be parties, to determine whether the renewal applicant 
deserves a renewal expectancy. If the order designating the applications 
for hearing specifies any basic qualifying issues against the licensee, 
those issues will be tried in this threshold hearing. If the Presiding 
Judge determines that the renewal applicant is basically

[[Page 198]]

qualified and due a renewal expectancy, the competing applicants will be 
found ineligible for further consideration and their applications will 
be denied. If the Presiding Judge determines that the renewal applicant 
does not merit a renewal expectancy but is otherwise qualified, then all 
of the applications will be considered in a comparative hearing (step 
two).
    (d) Any competing applicant may request a waiver of the threshold 
hearing (step one), if such applicant demonstrates that its proposal so 
far exceeds the service already being provided that there would be no 
purpose in making a threshold determination as to whether the renewal 
applicant deserved a renewal expectancy vis-a-vis such a competing 
applicant. Any such waiver request must be filed at the time the 
requestor's application is filed. Petitions opposing such waiver 
requests may be filed. Any such petitions must be filed no later than 30 
days after the date that the renewal applicant submitted its renewal 
expectancy showing. Replies to any petitions opposing such waiver 
requests may be filed. Any such replies must be filed no later than 15 
days after the date that the petition(s) were filed. No further 
pleadings will be accepted. Any waiver request submitted pursuant to 
this paragraph will be acted upon prior to designating the applications 
for hearing. If a request to waive the threshold hearing (step one) is 
granted, the renewal expectancy issue will be designated as part of the 
comparative hearing (step two), and will remain the most important 
comparative factor in deciding the case, as provided in Sec. 22.940(a).
    (e) If the Presiding Judge issues a ruling in the threshold (step 
one) that denies the licensee a renewal expectancy, all of the 
applicants involved in the proceeding will be allowed to file direct 
cases no later than 90 days after the release date of the Presiding 
Judge's ruling. Rebuttal cases must be filed no later than 30 days after 
the date that the direct cases were filed.
    (f) The Presiding Judge shall use the expedited hearing procedures 
delineated in this paragraph in both threshold (step one) and 
comparative (step two) hearings conducted in comparative cellular 
renewal proceedings.
    (1) The Presiding Judge will schedule a first hearing session as 
soon as practicable after the date for filing rebuttal evidence. This 
first session will be an evidentiary admission session at which each 
applicant will identify and offer its previously circulated direct and 
rebuttal exhibits, and each party will have an opportunity to lodge 
objections.
    (2) After accepting the exhibits into evidence, the Presiding Judge 
will entertain motions to cross-examine and rule whether any sponsoring 
witness needs to be produced for cross-examination.
    Determination of what, if any, cross-examination is necessary is 
within the sound judicial discretion of the Presiding Judge, the 
prevailing standard being whether the person requesting cross-
examination has persuasively demonstrated that written evidence is 
ineffectual to develop proof. If cross-examination is necessary, the 
Presiding Judge will specify a date for the appearance of all witnesses. 
In addition, if the designation order points out an area where 
additional underlying data is needed, the Presiding Judge will have the 
authority to permit the limited use of discovery procedures. Finally, 
the Presiding Judge may find that certain additional testimony or cross-
examination is needed to provide a complete record for the FCC. If so, 
the Presiding Judge may schedule a further session.
    (3) After the hearing record is closed, the Presiding Judge may 
request Proposed Findings of Fact and Conclusions of Law to be filed no 
later than 30 days after the final hearing session. Replies are not 
permitted except in unusual cases and then only with respect to the 
specific issues named by the Presiding Judge.
    (4) The Presiding Judge will then issue an Initial Decision, 
preferably within 60 days of receipt of the last pleadings. If mutually 
exclusive applications are before the Presiding Judge, the Presiding 
Judge will determine which applicant is best qualified. The Presiding 
Judge may also rank the applicants in order of merit if there are more 
than two.

[[Page 199]]

    (5) Parties will have 30 days in which to file exceptions to the 
Initial Decision.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 4172, Jan. 29, 1997]



Sec. 22.936  Dismissal of applications in cellular renewal proceedings.

    Any applicant that has filed an application in the Cellular 
Radiotelephone Service that is mutually exclusive with an application 
for renewal of a cellular authorization (competing application), and 
seeks to resolve the mutual exclusivity by requesting dismissal of its 
application, must obtain the approval of the FCC.
    (a) If a competing applicant seeks to dismiss its application prior 
to the Initial Decision stage of the hearing on its application, it must 
submit to the FCC a request for approval of the dismissal of its 
application, a copy of any written agreement related to the withdrawal 
or dismissal, and an affidavit setting forth:
    (1) A certification that neither the petitioner nor its principals 
has received or will receive any money or other consideration in excess 
of legitimate and prudent expenses in exchange for the withdrawal or 
dismissal of the application, except that this provision does not apply 
to dismissal or withdrawal of applications pursuant to bona fide merger 
agreements;
    (2) The exact nature and amount of any consideration received or 
promised;
    (3) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (4) The terms of any oral agreement related to the withdrawal or 
dismissal of the application.
    (b) In addition, within 5 days of the filing date of the applicant 
or petitioner's request for approval, each remaining party to any 
written or oral agreement must submit an affidavit setting forth:
    (1) A certification that neither the applicant nor its principals 
has paid or will pay money or other consideration in excess of the 
legitimate and prudent expenses of the petitioner in exchange for 
withdrawing or dismissing the application; and
    (2) The terms of any oral agreement relating to the withdrawal or 
dismissal of the application.
    (c) For the purposes of this section:
    (1) Affidavits filed pursuant to this section must be executed by 
the filing party, if an individual, a partner having personal knowledge 
of the facts, if a partnership, or an officer having personal knowledge 
of the facts, if a corporation or association.
    (2) Applications are deemed to be pending before the FCC from the 
time the application is filed with the FCC until such time as an order 
of the FCC granting, denying or dismissing the application is no longer 
subject to reconsideration by the FCC or to review by any court.
    (3) ``Legitimate and prudent expenses'' are those expenses 
reasonably incurred by a party in preparing to file, filing, prosecuting 
and/or settling its application for which reimbursement is sought.
    (4) ``Other consideration'' consists of financial concessions, 
including, but not limited to, the transfer of assets or the provision 
of tangible pecuniary benefit, as well as non-financial concessions that 
confer any type of benefit on the recipient.



Sec. 22.937  Demonstration of financial qualifications.

    Except as provided in paragraphs (g) and (h) of this section, each 
applicant for a new cellular system must demonstrate that it has, at the 
time the application is filed, either a separate market-specific firm 
financial commitment or available financial resources sufficient to 
construct and operate for one year the proposed cellular system. Each 
application of reassignment of license or consent to transfer of control 
must demonstrate the financial ability of the proposed assignee or 
transferee to acquire and operate the facilities.
    (a) Estimated costs. The demonstration required by this section must 
include a realistic and prudent estimate of the costs of construction, 
operating and other initial expenses for one year.
    (b) Source of financing. The firm financial commitment must be 
obtained from a state or federally chartered bank or savings and loan 
association,

[[Page 200]]

another recognized financial institution, or the financial arm of a 
capital equipment supplier. The firm financial commitment may be 
contingent upon the applicant's obtaining an authorization.
    (c) Lender's statement. The firm financial commitment must contain a 
statement that:
    (1) The lender has examined the financial condition of the 
applicant, including audited financial statements if applicable, and has 
determined that the applicant is creditworthy;
    (2) The lender has examined the financial viability of each proposal 
for which the applicant intends to use the commitment;
    (3) The lender is committed to providing a sum certain to the 
particular applicant;
    (4) The lender's willingness to enter into the commitment is based 
solely on its relationship with the applicant; and,
    (5) The commitment is not in any way guaranteed by any entity other 
than the applicant.
    (d) Showings of financial resources. Applicants relying upon 
personal or internal financial resources must submit the following:
    (1) Audited financial statements, certified within one year of the 
date of the cellular application, that show the availability of 
sufficient net current assets to construct and operate for one year the 
proposed cellular system;
    (2) A balance sheet current within 60 days of the date of filing 
that shows the continued availability of sufficient net current assets 
to construct and operate for one year the proposed cellular system; and,
    (3) A certification by the applicant or an officer of the applicant 
organization attesting to the validity of the unaudited balance sheet.
    (e) Parent corporation financing. Applicants relying upon financing 
obtained from parent corporations must submit the showings listed in 
paragraph (d) of this section as the information pertains to the parent 
corporation.
    (f) Notice upon default. In addition to the disclosures required by 
paragraph (c) of this section, any loan or other credit arrangement 
providing for a chattel mortgage or secured interest in any proposed 
cellular system must include a provision for a minimum of ten (10) days 
prior written notification to the licensee, and to the FCC, before any 
such equipment may be repossessed under default provision of the 
agreement.
    (g) Competing applications in cellular renewal proceedings. Initial 
cellular applications that are competing against a cellular renewal 
application are subject to the rules in this paragraph instead of the 
rules in paragraphs (a) through (f) of this section.
    (1) Any applicant filing a competing application against a cellular 
renewal application must demonstrate, at the time it files its 
application, that it has either:
    (i) A firm financial commitment, an irrevocable letter of credit or 
performance bond in the amount of its realistic and prudent estimated 
costs of construction and any other expenses to be incurred during the 
first year of operating its proposed system (the irrevocable letter of 
credit or performance bond must be from the type of financial 
institution described in paragraph (g)(3) of this section); or,
    (ii) Available resources, as defined in paragraph (g)(4) of this 
section, necessary to construct and operate its proposed cellular system 
for one year.
    (2) The firm financial commitment may be contingent on the applicant 
obtaining an authorization. The applicant must also list all of its 
realistic and prudent estimated costs of construction and any other 
expenses to be incurred during the first year of operating its proposed 
system.
    (3) The firm financial commitment required above shall be obtained 
from a state or federally chartered bank or savings and loan 
association, another recognized financial institution, or the financial 
arm of a capital equipment supplier; shall specify the terms of the loan 
or other form of credit arrangement, including the amount to be 
borrowed, the interest to be paid, the amount of the commitment fee and 
the fact that it has been paid, the terms of repayment and any 
collateral required; and shall contain a statement:
    (i) That the lender has examined the financial conditions of the 
applicant,

[[Page 201]]

including audited financial statements where applicable, and has 
determined that the applicant is creditworthy;
    (ii) That the lender has examined the financial viability of the 
proposal for which the applicant intends to use the commitment;
    (iii) That the lender is committed to providing a sum certain to the 
particular applicant;
    (iv) That the lender's willingness to enter into the commitment is 
based solely on its relationship with the applicant; and,
    (v) That the commitment is not in any way guaranteed by an entity 
other than the applicant.
    (4) Applicants intended to rely on personal or internal resources 
must submit:
    (i) Audited financial statements certified within one year of the 
date of the cellular application, indicating the availability of 
sufficient net current assets to construct and operate the proposed 
cellular system for one year;
    (ii) A balance sheet current within 60 days of the date of filing 
its application that clearly shows the continued availability of 
sufficient net current assets to construct and operate the proposed 
cellular system for one year; and,
    (iii) A certification by the applicant or an officer of the 
applicant organization attesting to the validity of the unaudited 
balance sheet.
    (5) Applicant intending to rely upon financing obtained through a 
parent corporation must submit the information required by paragraph 
(g)(4) of this section, as the information pertains to the parent 
corporation.
    (6) As an alternative to relying upon a firm financial commitment, 
an irrevocable letter of credit, or a performance bond from a financial 
institution as described in paragraph (g)(3) of this section, an 
applicant may state that it has placed in an escrow account sufficient 
cash to meet its construction and first-year operating expenses. Such a 
statement must specify the amount of cash, the escrow account number and 
the financial institution where the escrow account is located.
    (7) Any competing application filed against the renewal application 
of an incumbent cellular licensee that does not demonstrate, at the time 
it is initially filed, that the competing applicant has sufficient funds 
to construct and operate for one year its proposed cellular system will 
be dismissed.
    (h) Exemptions. Any licensee applying for an unserved area adjacent 
to its existing cellular system, to integrate such area into the 
existing system, is exempt from the financial demonstration requirements 
of this section. In addition, modification applications and pro forma 
assignment and transfer of control applications are exempt from the 
financial demonstration requirements of this section.



Sec. 22.939  Site availability requirements for applications competing with cellular renewal applications.

    In addition to the other requirements set forth in this part for 
initial cellular applications, any application competing against a 
cellular renewal application must contain, when initially filed, 
appropriate documentation demonstrating that its proposed antenna 
site(s) will be available. Competing applications that do not include 
such documentation will be dismissed. If the competing applicant does 
not own a particular site, it must, at a minimum demonstrate that the 
site is available to it by providing a letter from the owner of the 
proposed antenna site expressing the owner's intent to sell or lease the 
proposed site to the applicant. If any proposed antenna site is under 
U.S. Government control, the applicant must submit written confirmation 
of the site's availability from the appropriate Government agency. 
Applicants which file competing applications against incumbent cellular 
licensees may not rely on the assumption that an incumbent licensee's 
antenna sites are available for their use.



Sec. 22.940  Criteria for comparative cellular renewal proceedings.

    This section sets forth criteria to be used in comparative cellular 
renewal proceedings. The ultimate issue in comparative renewal 
proceedings will be to determine, in light of the evidence adduced in 
the proceeding, what disposition of the applications would best serve 
the public interest, convenience and necessity.

[[Page 202]]

    (a) Renewal expectancies. The most important comparative factor to 
be considered in a comparative cellular renewal proceeding is a major 
preference, commonly referred to as a ``renewal expectancy.''
    (1) The cellular renewal applicant involved in a comparative renewal 
proceeding will receive a renewal expectancy, if its past record for the 
relevant license period demonstrates that:
    (i) The renewal applicant has provided ``substantial'' service 
during its past license term. ``Substantial'' service is defined as 
service which is sound, favorable, and substantially above a level of 
mediocre service which just might minimally warrant renewal; and
    (ii) The renewal applicant has substantially compiled with 
applicable FCC rules, policies and the Communications Act of 1934, as 
amended.
    (2) In order to establish its right to a renewal expectancy, a 
cellular renewal applicant involved in a comparative renewal proceeding 
must submit a showing explaining why it should receive a renewal 
expectancy. At a minimum, this showing must include.
    (i) A description of its current service in terms of geographic 
coverage and population served, as well as the system's ability to 
accommodate the needs of roamers;
    (ii) An explanation of its record of expansion, including a 
timetable of the construction of new cell sites to meet changes in 
demand for cellular service;
    (iii) A description of its investments in its cellular system; and
    (iv) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or policy; and a list of any 
pending proceedings that relate to any matter described in this 
paragraph.
    (3) In making its showing of entitlement to a renewal expectancy, a 
renewal applicant may claim credit for any system modification 
applications that were pending on the date it filed its renewal 
application. Such credit will not be allowed if the modification 
application is dismissed or denied.
    (b) Additional comparative issues. The following additional 
comparative issues will be included in comparative cellular renewal 
proceedings, if a full comparative hearing is conducted pursuant to 
Sec. 22.935(c).
    (1) To determine on a comparative basis the geographic areas and 
population that each applicant proposes to serve; to determine and 
compare the relative demand for the services proposed in said areas; and 
to determine and compare the ability of each applicant's cellular system 
to accommodate the anticipated demand for both local and roamer service;
    (2) To determine on a comparative basis each applicant's proposal 
for expanding its system capacity in a coordinated manner in order to 
meet anticipated increasing demand for both local and roamer service;
    (3) To determine on a comparative basis the nature and extent of the 
service proposed by each applicant, including each applicant's proposed 
rates, charges, maintenance, personnel, practices, classifications, 
regulations and facilities (including switching capabilities); and
    (4) To determine on a comparative basis each applicant's past 
performance in the cellular industry or another business of comparable 
type and size.
    (c) Additional showings for competing applications. With respect to 
evidence introduced pursuant to paragraph (b)(3) of this section, any 
applicant filing a competing application against a cellular renewal 
application (competing applicant) who claims a preference for offering 
any service not currently offered by the incumbent licensee must 
demonstrate that there is demand for that new service and also present a 
business plan showing that the competing applicant can operate the 
system economically. Any competing applicant who proposes to replace 
analog technology with digital technology will receive no credit for its 
proposal unless it submits a business plan showing how it will operate 
its system economically and how it will provide more comprehensive 
service than does the incumbent licensee with existing and implemented 
cellular technology.

[[Page 203]]



Sec. 22.941  System identification numbers.

    System identification numbers (SIDs) are 15 bit binary numbers 
assigned to cellular systems. SIDs are transmitted by the cellular 
systems so that cellular mobile stations can determine whether the 
system through which they are communicating is a system to which they 
subscribe, or whether they are considered by the system to be roamers.
    (a) The FCC assigns one SID to each cellular system on its initial 
authorization. Cellular systems may transmit only their assigned SID(s) 
and/or the SIDs assigned to other cellular systems. A cellular system 
may transmit the SID assigned to another cellular system only if the 
licensee of that system concurs with such use of its assigned SID.
    (b) Licensees must notify the FCC (FCC Form 489) if their cellular 
systems transmit SIDs assigned to other cellular systems. The 
notification must indicate the concurrence of the licensee(s) of such 
other systems with this use of their assigned SID(s). The notification 
must be mailed or delivered to the filing place (see Sec. 22.106) no 
later than 15 days after the system begins transmitting the SID(s).
    (c) Licensees may request that an additional (previously unassigned) 
SID be assigned to their system by filing an application for minor 
modification of station (FCC Form 600).

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.942  Limitations on interests in licensees for both channel blocks in an area.

    No person may have a direct or indirect ownership interest in 
licensees for both channel blocks in overlapping cellular geographic 
service areas (CGSAs), unless such interests pose no substantial threat 
to competition. A licensee, a person that owns a controlling interest in 
a licensee, or a person that actually controls a licensee for one 
channel block in a CGSA must not have any direct or indirect ownership 
interest in the licensee, a person that owns a controlling interest in a 
licensee, or a person that actually controls a licensee for the other 
channel block in an overlapping CGSA.
    (a) A direct or indirect ownership interest of 5% or less in both 
systems is automatically excluded from the general rule prohibiting 
multiple ownership interests. Interests of less than 5% are considered 
and are not excluded from the general rule prohibiting multiple 
ownership interests in cases of persons or entities that own a small 
percentage of the licensee but nonetheless actually control the 
licensee, a person that owns a controlling interest in the licensee, or 
a person that actually controls the licensee.
    (b) Divestiture of interests as a result of a transfer of control or 
assignment of authorization must occur prior to consummating the 
transfer or assignment.



Sec. 22.943  Limitations on assignments and transfers of cellular authorizations.

    The following limitations apply to applications for consent to 
transfer of control or assignment of authorizations in the Cellular 
Radiotelephone Service.
    (a) Trafficking. Applications for consent to transfer of control or 
assignment of authorization in the Cellular Radiotelephone Service are 
subject to the provisions of Sec. 22.139, except for:
    (1) Applications reflecting the trading of an ownership interest in 
an authorized but unconstructed cellular system in one market for a 
commensurate interest in a cellular system in another market; and,
    (2) Applications for consent to transfer of control or assignment of 
a cellular authorization obtained by random selection, after 
commencement of service.
    (b) Unserved area systems. Except as otherwise provided in paragraph 
(b)(2) of this section, the FCC does not accept applications for consent 
to transfer of control or assignment of the authorization of a cellular 
system licensed to serve an unserved area until the system has provided 
service to subscribers for at least one year.
    (1) Licensees must not enter into any agreement (e.g. option 
agreement or management contract) to transfer control of the licensee of 
the system until

[[Page 204]]

the system has provided service to subscribers for one year.
    (2) The FCC may accept that grant applications for consent to 
transfer of control or for assignment of authorization if the transfer 
or assignment is pro forma and does not involve a change in ownership.
    (3) An applicant seeking approval for a transfer of control or 
assignment (otherwise permitted under the Commission's Rules, 47 CFR 
chapter I) of a license within three years of receiving a new license 
through a competitive bidding procedure must, together with its 
application for transfer of control or assignment, file with the 
Commission a statement indicating that its license was obtained through 
competitive bidding. Such applicant must also file with the Commission 
the other documents and information set forth in Sec. 1.2111 of this 
chapter.
    (c) Systems authorized as result of comparative renewal proceeding. 
Except as otherwise provided in paragraphs (c)(1), (c)(2) and (c)(3) of 
this section, the FCC does not accept applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that has been acquired by the current licensee for the first time 
as a result of a comparative renewal proceeding until the system has 
provided service to subscribers for at least three years.
    (1) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that is to be transferred as a part of a bona fide sale of an on-
going business to which the cellular operation is incidental.
    (2) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that is to be transferred as a result of the death of the 
licensee.
    (3) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of authorization if the transfer 
or assignment is pro forma and does not involve a change in ownership.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 58339, Nov. 14, 1996]



Sec. 22.944  Transfers of interests in applications.

    This section governs transfers of interest in applicants having a 
pending application for a new cellular system. For the purposes of this 
section, ``interest in an application'' means interest in the applicant.
    (a) Except as provided in paragraph (b) of this section, the 
transfer of any interest in any application for initial authorization to 
operate a cellular system is prohibited. For the purposes of this 
section, transfer of interest means the sale, assignment, placement of 
equity or convertible debt, grant of an option or future share or 
participation in the applicant or any interest thereof.
    (b) The following types of transfers of interest in cellular 
applications are permitted:
    (1) Transfers that are necessary to raise capital, including the 
placement of debt or equity, to finance a bona fide business need of the 
applicant or an affiliated company, not related to the cellular 
application or financing of the cellular system proposed therein;
    (2) Transfers that are part of a bona fide sale of an ongoing 
business to which the cellular applications are merely adjunct or 
incidental;
    (3) Transfers required by a court-ordered decree granting a divorce 
or enforcing a spousal separation agreement;
    (4) Transfers necessitated by the death of the applicant;
    (5) Transfers involving the routine trading of shares in a publicly 
traded corporation that do not constitute a transfer of control of the 
applicant;
    (6) Transfers resulting from pro forma transfers of control of the 
applicant, not involving changes in ownership;
    (7) Transfers involving only the transfer of interest by one 
existing partner in a partnership applicant to another existing partner 
in that same partnership, or between existing shareholders in a closely-
held corporation, which does not effect a transfer of control of the 
applicant;
    (8) Transfers resulting from the alienation or exercise of stock 
warrants or stock options that existed prior to the filing of the 
application.

[[Page 205]]



Sec. 22.945  Interests in multiple applications.

    This section governs interests in applicants with mutually exclusive 
applications for a new cellular system. For the purposes of this 
section, ``interest in an application'' means interest in the applicant.
    (a) General. Except as otherwise provided in this section, parties 
must not have any interest, direct or indirect, in more than one 
application for authority to operate a new cellular system in the same 
cellular market.
    (b) Abutting CGSAs. Licensees of existing systems whose cellular 
geographic service area (CGSA) abuts a proposed CGSA may each file one 
application that is mutually exclusive with the applications of other 
such licensees, even though they share common owners, provided that such 
licensees do not thereby acquire a simultaneous interest in applications 
for both channel blocks in any geographical area.
    (c) Publicly traded corporate applicants. Parties must not have any 
interest, direct or indirect, in more than one mutually exclusive 
initial application for which the applicant is a publicly traded 
corporation, except that ownership interests of less than 5% are not 
considered. Ownership and other interests in applicants are attributed 
to their holder and deemed cognizable as set forth below.
    (1) Passive investors. Investment companies, as defined in 15 U.S.C. 
80a-3, insurance companies and banks holding stock through their trust 
departments in trust accounts are deemed to have a cognizable interest 
in a publicly traded cellular applicant only if they hold 10% or more of 
the stock of the applicant. This provision applies only if an applicant 
in which such parties hold an interest certifies in its application that 
no such party has exerted or attempted to exert any influence or control 
over the officers of the applicant.
    (2) Multiplier. Attribution of ownership interests in a publicly 
traded cellular applicant that are held indirectly by any party through 
one or more intervening corporations will be determined by successive 
multiplication of the ownership percentages for each link in the 
vertical ownership chain and application of the relevant attribution 
benchmark to the resulting product, except that wherever the ownership 
percentage for any link in the chain exceeds 50 percent, it is not 
included in the multiplication.



Sec. 22.946  Service commencement and construction periods for cellular systems.

    This section specifies the service commencement and construction 
periods and related requirements for cellular systems.
    (a) Commencement of service. New cellular systems must be at least 
partially constructed and begin providing cellular service to 
subscribers within the service commencement periods specified in Table 
H-1 of this section. Service commencement periods begin on the date of 
grant of the initial authorization, and are not extended by the grant of 
subsequent authorizations for the cellular system (such as for major 
modifications).

                   Table H-1.--Commencement of Service
------------------------------------------------------------------------
                                            Required to commence service
         Type of cellular system                       within
------------------------------------------------------------------------
The first system authorized on each        36 months.
 channel block in markets 1-90.
The first system authorized on each        18 months.
 channel block in all other markets and
 any subsequent systems authorized
 pursuant to contracts in partitioned
 markets.
All other systems........................  12 months.
------------------------------------------------------------------------

    (1) To satisfy the requirement of paragraph (a) of this section, a 
cellular system must be interconnected with the public switched 
telephone network (PSTN) and must be providing service to mobile 
stations operated by its subscribers and roamers. A cellular system is 
not considered to be providing service to subscribers if mobile stations 
can not make telephone calls to landline telephones and receive 
telephone calls from landline telephones through the PSTN, or if the 
system intentionally serves only roamer stations.
    (2) The licensee must notify the FCC (FCC Form 489) no later than 15 
days after the requirements of paragraph (a) of this section are met.

[[Page 206]]

    (b) Construction period for specific facilities. The construction 
period applicable to specific new or modified cellular facilities for 
which an authorization has been granted is one year from the date the 
authorization is granted. Failure to comply with this requirement 
results in termination of the authorization for the specific new or 
modified facility, pursuant to Sec. 22.144(b).



Sec. 22.947  Five year build-out period.

    The licensee of the first cellular system authorized on each channel 
block in each cellular market is afforded a five year period, beginning 
on the date the initial authorization for the system is granted, during 
which it may expand the system within that market.
    (a) Exclusive right to expand within market. Except as provided in 
paragraph (b) of this section, the FCC does not accept applications for 
authority to operate a new cellular system in any unserved area in a 
market on a channel block during the five year build-out period.
    (b) Partitioned markets. During the five year build-out period, the 
licensee of the first cellular system on each channel block in each 
market may enter into contracts with eligible parties, allowing such 
parties to apply (FCC Form 600) for a new cellular system on that 
channel block within the market. The FCC may grant such applications if 
they are in compliance with the rules in this part. Markets with two or 
more authorized cellular systems on the same channel block during the 
five year build-out period are referred to (with respect to the affected 
channel block) as ``partitioned markets''.
    (1) Partitioning contracts must define the CGSA of the subsequent 
cellular system in accordance with Sec. 22.911, including any expansion 
rights ceded. If not exercised, any such expansion rights terminate at 
the end of the five year build-out period.
    (2) The five year build-out period begins on the date the initial 
authorization for the first cellular system is granted, and is not 
extended or affected in any way by the initial authorization of any 
subsequent cellular systems pursuant to paragraph (b) of this section.
    (c) System information update. Sixty days before the end of the five 
year build-out period, the licensee of each cellular system authorized 
on each channel block in each cellular market must file, in triplicate, 
a system information update (SIU), comprising a full size map, a reduced 
map, and an exhibit showing technical data relevant to determination of 
the system's CGSA. Separate maps must be submitted for each market into 
which the CGSA extends, showing the extension area in the adjacent 
market. Maps showing extension areas must be labeled (i.e. marked with 
the market number and channel block) for the market into which the CGSA 
extends. SIUs must accurately depict the relevant cell locations and 
coverage of the system at the end of the five year build-out period. 
SIUs must be filed at the Mobile Services Division, Common Carrier 
Bureau, Federal Communications Commission, Washington, DC 20554. If any 
changes to the system occur after the filing of the SIU, but before the 
end of the five year build-out period, the licensee must file, in 
triplicate, additional maps and/or data as necessary to insure that the 
cell locations and coverage of the system as of the end of the five year 
build-out period are accurately depicted.
    (1) The scale of the full-size map must be 1:500,000, regardless of 
whether any different scale is used for the reduced map. The map must 
have a legend, a distance scale and correctly labeled latitude and 
longitude lines. The map must be clear and legible. The map must 
accurately show the cell sites (transmitting antenna locations) which 
determine the CGSA, the entire CGSA, any extension of the composite 
service are boundary beyond the CGSA (see Sec. 22.911) and the relevant 
portions of the cellular market boundary. The date on which the map 
depictions are accurate must appear on the map.
    (2) The reduced map must be a proportional reduction, to 8\1/2\ x 11 
inches, of the full-size map required in paragraph (c)(1) of this 
section, unless it proves to be impractical to depict the entire market 
by reducing the full-size map. In such instance, an 8\1/2\ x 11 inch map 
of a different scale may be substituted, provided that the required 
features of

[[Page 207]]

the full-size map are clearly depicted and labeled.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.949  Unserved area licensing process.

    This section sets forth the process for licensing unserved areas in 
cellular markets on channel blocks for which the five year build-out 
period has expired. This process has two phases: Phase I and Phase II.
    (a) Phase I. Phase I is a one-time process that provides an 
opportunity for eligible parties to file competing applications for 
authority to operate a new cellular system in or to expand an existing 
cellular system into unserved areas (Phase I initial applications) as 
soon as these areas become available. In addition, each licensee whose 
Phase I initial application is granted is afforded one opportunity 
during the Phase I process to file an application proposing major 
modifications to the cellular system authorized by that grant (a Phase I 
major modification application), without being subject to competing 
applications.
    (1) Phase I initial applications must be filed on the 31st day after 
the expiration of the five year build-out period of the authorized 
system(s) on the channel block requested in the market containing the 
unserved area.
    (i) Each Phase I application must request authorization for one and 
only one cellular geographic service area (CGSA) in one and only one 
cellular market.
    (ii) Applicants must not file more than one Phase I initial 
application for any cellular market.
    (iii) Phase I initial applications must not propose any de minimis 
or contract service area boundary (SAB) extensions.
    (2) Only one Phase I initial application is granted on each channel 
block in each market. Consequently, whenever two or more acceptable 
Phase I initial applications are timely filed in the same market on the 
same channel block, such Phase I initial applications are mutually 
exclusive, regardless of any other considerations such as the technical 
proposals. In order to determine which of such mutually exclusive Phase 
I initial applications to grant, the Commission administers competitive 
bidding procedures in accordance with subpart Q of part 1 of this 
chapter. After such procedures, the application of the winning bidder 
may be granted and the applications excluded by that grant may be 
dismissed without prejudice.

    Note: Notwithstanding the provisions of Sec. 22.949(a)(2), mutually 
exclusive Phase I initial applications that were filed between March 10, 
1993 and July 25, 1993, inclusive, are to be included in a random 
selection process, following which the selected application may be 
granted and the applications excluded by that grant may be dismissed 
without prejudice.

    (3) Phase I major modification applications (applications filed 
during Phase I that propose major modifications to cellular systems 
authorized by the grant of Phase I initial applications) must be filed 
no later than 90 days after the grant of the Phase I initial 
application. Each Phase I licensee may file only one Phase I major 
modification application. The FCC will not accept any competing 
applications in response to a Phase I major modification application. 
Phase I licensees may not sell to a third party any rights to apply for 
unserved area.
    (i) Phase I major modification applications may propose de minimis 
or contract SAB extensions; provided that a contract SAB extension into 
an adjacent market may be proposed only if, at the time the Phase I 
major modification application is filed, the licensee in the adjacent 
market (on the requested channel block) has the right to enter into such 
a contract (see Sec. 22.912(c)).
    (ii) Phase I major modification application may propose a CGSA that 
is not contiguous with the authorized or proposed CGSA, provided that 
the non-contiguous CGSA meets the minimum coverage requirement of 
Sec. 22.951.
    (4) Phase I licensees may also file applications for or 
notifications of minor modifications to its system. However, such minor 
modifications may not reduce the size of the CGSA below the minimum 
coverage requirement of Sec. 22.951.

[[Page 208]]

    (b) Phase II. Phase II is an on-going filing process that allows 
eligible parties to apply for any unserved areas that may remain in a 
market after the Phase I process is complete.
    (1) If a Phase I initial application is granted for a market and 
channel block, Phase II applications (applications for authority to 
operate a cellular system in any remaining unserved area) for that 
market and channel block may be filed on or after the 121st day after 
the Phase I application was granted. If no Phase I initial applications 
are granted for a market and channel block, Phase II applications for 
that market and channel block may be filed on or after the 31st day 
after the FCC dismissed the last pending Phase I application. If no 
Phase I initial applications are received for a market and channel 
block, Phase II applications for that market and channel block may be 
filed on or after the 32nd day after the expiration of the relevant 
five-year build-out period.
    (2) There is no limit to the number of Phase II applications that 
may be granted on each channel block in each market. Consequently, Phase 
II applications are mutually exclusive only if the proposed CGSAs would 
overlap. Mutually exclusive applications are processed using the general 
procedures in Sec. 22.131.
    (3) Phase II applications may propose a CGSA covering more than one 
cellular market. Each Phase II application must request authorization 
for one and only one CGSA. Phase II applications may propose de minimis 
and contract SAB extensions.
    (c) Settlements among some, but not all, applicants with mutually 
exclusive applications for unserved areas (partial settlements) are 
prohibited. Settlements among all applicants with mutually exclusive 
applications (full settlements) are allowed and must be filed no later 
than the date that the FCC Form 175 (short-form) is filed.
    (d) Limitations on amendments. Notwithstanding the provisions of 
Sec. 22.122, Phase I applications are subject to the following 
additional limitations in regard to the filing of amendments.
    (1) The Commission will not accept amendments (of any type) to 
mutually exclusive Phase I applications prior to the conclusion of the 
competitive bidding process.
    (2) The FCC will not accept major amendments to Phase I 
applications.
    (3) Minor amendments required by Sec. 1.65 of this chapter must be 
filed no later than thirty (30) days after public notice announcing the 
results of the competitive bidding process.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59956, Nov. 21, 1994; 
61 FR 58339, Nov. 14, 1996]



Sec. 22.951  Minimum coverage requirement.

    Applications for authority to operate a new cellular system in an 
unserved area, other than those filed by the licensee of an existing 
system that abuts the unserved area, must propose a contiguous cellular 
geographical service area (CGSA) of at least 130 square kilometers (50 
square miles). Area within contract SAB extensions counts toward the 
minimum coverage requirement. However, area within de minimis SAB 
extensions does not count toward the minimum coverage requirement. 
Applications for authority to operate a new cellular system in an 
unserved area, other than those filed by the licensee of an existing 
system that abuts the unserved area, must not propose coverage of water 
areas only (or water areas and uninhabited islands or reefs only), 
except for unserved areas in the Gulf of Mexico MSA.



Sec. 22.953  Content and form of applications.

    Applications for authority to operate a cellular system in an 
unserved area must comply with the specifications in this section.
    (a) New systems. Forms, pages and exhibits must be prepared exactly 
as described and assembled in the order listed in this section.
    (1) Application cover. The paper original of each application must 
be enclosed in a stiff cover fastened securely along the left edge, 
without exposed sharp edges.
    (2) Transmittal sheet. The first page after the front cover of the 
application must be the transmittal sheet.
    (i) Copies of the required transmittal sheet may be obtained by 
contacting

[[Page 209]]

the Consumer Assistance Office, Federal Communications Commission, 1919 
M Street NW, Washington, DC 20554.
    (ii) On the transmittal sheet, the following information is 
required: the name of the applicant, the channel block, and the market 
number or numbers and the market name or names in which the proposed 
CGSA is located. This information on the transmittal sheet must match 
exactly the information on the jacket of the microfiche and the cover of 
the application.
    (iii) The transmittal sheet also contains a certification. 
Applicants must certify to the following:

    I hereby certify that this application for an authorization in the 
Cellular Radiotelephone Service is complete in every respect and 
contains all of the information required by FCC Form 600 and the Federal 
Communications Commission's rules governing this service. I acknowledge 
that, if upon examination by the FCC, this certification is found to be 
incorrect, the FCC will dismiss this application without further 
consideration.
    I certify that I am the real party-in-interest in this application 
and there are no agreements or understandings other than those, if any, 
disclosed in this application, which provide that someone other than the 
applicant has a direct or indirect interest in the application. I also 
certify that the applicant intends to construct and operate the station 
as proposed and that there are no agreements or understandings that are 
inconsistent with that intent.
    I declare, under penalty of perjury, that I am the authorized 
representative of the above-named applicant in the matter of this 
application, that I have read the foregoing certification, and that the 
matter and things therein stated are true and correct.

    (iv) The certification must be signed and dated in accordance with 
the requirements of Sec. 1.743 of this chapter. The certification must 
be signed in ink. Mechanical reproductions of the signature must not be 
used. The name of and position held by the person signing must be typed 
or clearly and legibly printed beneath the signature.
    (3) Table of contents. The table of contents must list all of the 
exhibits to the application.
    (4) FCC Form 401. All information required for cellular applications 
on FCC Form 401 must be supplied.
    (5) Exhibits. The following exhibits must be set off by tabs and 
numbered as follows:
    (i) Exhibit I--full-size map. The scale of the full-size map must be 
1:500,000, regardless of whether any different scale is used for the 
reduced map required in Exhibit II. The map must have a legend, a 
distance scale and correctly labeled latitude and longitude lines. The 
map must be clear and legible. The map must accurately show the cell 
sites (transmitting antenna locations), the entire CGSA, any extension 
of the composite service area boundary beyond the CGSA (see Sec. 22.911) 
and the relevant portions of the cellular market boundary.
    (ii) Exhibit II--reduced map. This map must be a proportional 
reduction, to 8\1/2\  x  11 inches, of the full-size map required for 
Exhibit I, unless it proves to be impractical to depict the entire 
cellular market by reducing the full-size map. In such instance, an 8\1/
2\  x  11 inch map of a different scale may be substituted, provided 
that the required features of the full-size map are clearly depicted and 
labeled.
    (iii) Exhibit III--engineering. This exhibit must contain the data 
and methodology used to calculate the CGSA and service area boundary.
    (iv) Exhibit IV--channel plan. This exhibit must show which specific 
channels (or groups) are to be used at each cell site. Any necessary 
table for converting channel numbers to center frequencies must be 
provided.
    (v) Exhibit V--ownership information. This exhibit must contain the 
information required by Sec. 22.108. Additionally, individual applicants 
must disclose, in this exhibit, all interests (including those less than 
5%) in publicly traded corporation(s) that have applications which are 
mutually exclusive with the individual's application.
    (vi) Exhibit VI--service proposal. This exhibit must describe the 
services proposed for subscribers and roamers, including the proposed 
method for handling complaints.
    (vii) Exhibit VII--cellular design. This exhibit must show that the 
proposed system design complies with cellular system design concepts, 
and must

[[Page 210]]

describe the method proposed to expand the system in a coordinated 
fashion as necessary to address changing demand for cellular service.
    (viii) Exhibit VIII--blocking level. This exhibit must disclose the 
blocking probability or other criteria to be used to determine whether 
it is necessary to take measures to increase system capacity to maintain 
service quality.
    (ix) Exhibit IX--start-up expenses. This exhibit must disclose in 
detail the projected cost of construction and other initial expenses of 
the proposed system, and how the applicant intends to meet these 
expenses and the costs of operation for the first year.
    (x) Exhibit X--interconnection arrangements. This exhibit is 
required for applicants that provide public landline message telephone 
service in any portion of the proposed CGSA. This exhibit must describe 
exactly how the proposed system would interconnect with the landline 
network. The description must be of sufficient detail to enable a 
competitor to connect with the landline system in exactly the same 
manner, if the competitor so chooses.
    (b) Existing systems. Applications for changes to existing systems 
need only contain the form required by paragraph (a)(4) of this section 
and the exhibits required by paragraphs (a)(5)(i) through (iii) of this 
section.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]



Sec. 22.955  Canadian condition.

    Pursuant to an agreement between the FCC and the Department of 
Communications in Canada, authorizations for cellular systems within 72 
kilometers (45 miles) of the U.S.-Canadian border must have the 
following condition attached:

    This authorization is subject to the condition that, in the event 
that cellular systems using the same channel block as granted herein are 
authorized in adjacent territory in Canada, coordination of any of your 
transmitter installations which are within 72 kilometers (45 miles) of 
the U.S.-Canadian border shall be required to eliminate any harmful 
interference that might otherwise exist and to insure continuance of 
equal access to the channel block by both countries.



Sec. 22.957  Mexican condition.

    Pursuant to an agreement between the United States and Mexico, FCC 
authorizations for cellular systems within 72 kilometers (45 miles) of 
the United States-Mexican border must have the following condition 
attached:

    This authorization is subject to the condition that, in the event 
cellular systems using the same frequencies granted herein are 
authorized in adjacent territory in Mexico, coordination of your 
transmitter installations which are within 72 kilometers (45 miles) of 
the United States-Mexico border shall be required to eliminate any 
harmful interference that might otherwise exist and to ensure 
continuance of equal access to the frequencies by both countries. The 
operator of this system shall not contract with customers in Mexico, and 
further, users of the system must be advised that operation of a mobile 
unit in Mexico is not permitted at this time without the express 
permission of the Mexican government. The above conditions are subject 
to modification pending further notice from the FCC.



Sec. 22.959  Rules governing processing of applications for initial systems.

    Pending applications for authority to operate the first cellular 
system on a channel block in an MSA or RSA market continue to be 
processed under the rules governing the processing of such applications 
that were in effect when those applications were filed, unless the 
Commission determines otherwise in a particular case.



Sec. 22.960  Cellular unserved area radiotelephone licenses subject to competitive bidding.

    Mutually exclusive initial applications for cellular unserved area 
Phase I and Phase II licenses filed after July 26, 1993, are subject to 
competitive bidding procedures. The general competitive bidding 
procedures found in part 1, subpart Q, of this chapter will apply unless 
otherwise provided in this part.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.961  Competitive bidding design for cellular unserved area radiotelephone licensing.

    The Commission will employ a simultaneous multiple round auction 
design when choosing from among mutually

[[Page 211]]

exclusive initial applications to provide cellular unserved area 
radiotelephone service, unless otherwise specified by the Wireless 
Telecommunications Bureau before the auction.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.962  Competitive bidding mechanisms.

    (a) Grouping. All cellular unserved area Phase I and Phase II 
licenses will be auctioned simultaneously, unless the Wireless 
Telecommunications Bureau announces, by Public Notice prior to the 
auction, an alternative auction scheme.
    (b) Minimum bid increments. The Wireless Telecommunications Bureau 
will, by announcement before or during an auction, require minimum bid 
increments in dollar or percentage terms.
    (c) Stopping rules. The Wireless Telecommunications Bureau will 
establish stopping rules before or during multiple round auctions in 
order to terminate an auction within a reasonable time.
    (d) Activity rules. The Wireless Telecommunications Bureau will 
establish activity rules which require a minimum amount of bidding 
activity. In the event that the Wireless Telecommunications Bureau 
establishes an activity rule in connection with a simultaneous multiple 
round auction, each bidder will be entitled to request and will be 
automatically granted a certain number of waivers of such rule during 
the auction.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.963  Withdrawal, default and disqualification payments.

    (a) During the course of an auction conducted pursuant to 
Sec. 22.961, the Commission will impose payments on bidders who withdraw 
high bids during the course of an auction, who default on payments due 
after an auction closes, or who are disqualified.
    (b) Bid withdrawal prior to close of auction. A bidder who withdraws 
a high bid during the course of an auction will be subject to a payment 
equal to the difference between the amount bid and the amount of the 
winning bid the next time the license is offered by the Commission. No 
withdrawal payment would be assessed if the subsequent winning bid 
exceeds the withdrawn bid. This payment amount will be deducted from any 
upfront payments or down payments that the withdrawing bidder has 
deposited with the Commission.
    (c) Default or disqualification after close of auction. If a high 
bidder defaults or is disqualified after the close of such an auction, 
the defaulting bidder will be subject to the payment in paragraph (a) of 
this section plus an additional penalty equal to three (3) percent of 
the subsequent winning bid. If the subsequent winning bid exceeds the 
defaulting bidder's bid amount, the 3 percent payment will be calculated 
based on the defaulting bidder's bid amount. These amounts will be 
deducted from any upfront payments or down payments that the defaulting 
or disqualified bidder has deposited with the Commission.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.964  Bidding application (FCC Form 175).

    All applicants who wish to participate in competitive bidding for 
cellular unserved area radiotelephone licenses must submit applications 
on FCC Form 175 pursuant to Sec. 1.2105 of this chapter. The Wireless 
Telecommunications Bureau will issue a Public Notice announcing the 
availability of cellular unserved area Phase I and Phase II licenses 
and, in the event that mutually exclusive applications are filed, the 
date of the auction for those licenses. This Public Notice will specify 
the date on or before which applicants intending to participate in a 
cellular unserved area radiotelephone service auction must file their 
applications in order to be eligible for that auction, and it will 
contain information necessary for completion of the application as well 
as other important information such as the materials which must 
accompany the short form, any upfront payment that will need to be 
submitted, and the location where the application must be filed.

[61 FR 58339, Nov. 14, 1996]

[[Page 212]]



Sec. 22.965  Submission of upfront payments and down payments.

    (a) Each bidder in the cellular unserved radiotelephone service 
auction(s) will be required to pay the Commission, immediately prior to 
the auction, by cashier's check or by wire, at least $5,000 in order to 
get a bidder identification number. The upfront money will later be 
counted toward the full payment of the license.
    (b) Each winning bidder in the cellular unserved radiotelephone 
service auction(s) will be required to make a down payment to the 
Commission's lock-box bank in an amount sufficient to bring its total 
deposits up to 20 percent of its winning bid within five business days 
after the close of the auction, or by a date specified by Public Notice. 
The remainder of the full payment for the license shall be paid within 5 
days following the release of a Public Notice that will indicate that 
the Commission is prepared to award the license(s). The Commission will 
grant the license generally within ten (10) business days after 
receiving full payment.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.966  Long-form applications.

    Each winning bidder will be required to submit a long-form 
application on FCC Form 600 within ten (10) business days after being 
notified by Public Notice that it is the winning bidder. Applications on 
FCC Form 600 shall be submitted pursuant to the procedures set forth in 
Sec. 1.2107 of this chapter and any associated Public Notices.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.967  License grant, denial, default, and disqualification.

    (a) Each winning bidder will be required to pay the balance of its 
winning bid in a lump sum payment within five (5) business days 
following Public Notice that the Commission is prepared to award the 
license. The Commission will grant the license generally within ten (10) 
business days after receipt of full and timely payment of the winning 
bid amount.
    (b) A bidder who withdraws its bid subsequent to the close of 
bidding, defaults on a payment due, or is disqualified, will be subject 
to the payments specified in Sec. 22.963 or Secs. 1.2104(g) and 1.2109 
of this chapter, as applicable.

[61 FR 58340, Nov. 14, 1996]



               Subpart I--Offshore Radiotelephone Service



Sec. 22.1001  Scope.

    The rules in this subpart govern the licensing and operation of 
offshore radiotelephone stations. The licensing and operation of these 
stations and systems is also subject to rules elsewhere in this part 
that apply generally to the public mobile services. However, in case of 
conflict, the rules in this subpart govern.



Sec. 22.1003  Eligibility.

    Offshore central station licenses may be licensed to communications 
common carriers. Offshore subscriber stations may be licensed to common 
carriers or users of the service.



Sec. 22.1005  Priority of service.

    Facilities in the Offshore Radiotelephone Service are intended 
primarily for rendition of public message service between offshore 
subscriber and central stations. However, they may also be used to 
render private leased line communication service, provided that such 
usage does not reduce or impair the extent or quality of communication 
service which would be available, in the absence of private leased line 
service, to the general public receiving or subsequently requesting 
public message service from an offshore central station.



Sec. 22.1007  Channels for offshore radiotelephone systems.

    The channels listed in this section are allocated for paired 
assignment to transmitters located in the specified geographical zones 
that provide offshore radiotelephone service. All channels have a 
bandwidth of 20 kHz and are designated by their center frequencies in 
MegaHertz.
    (a) Zone A--Southern Louisiana. The geographical area in Zone A is 
bounded as follows:

    From longitude W.87 deg.45' on the East to longitude W.94 deg.00' on 
the West and from the 4.8 kilometer (3 mile) limit along the Gulf of

[[Page 213]]

Mexico shoreline on the North to the limit of the Outer Continental 
Shelf on the South.

    (1) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.025......................  491.025      488.225.........  491.225
488.050......................  491.050      488.250.........  491.250
488.075......................  491.075      488.275.........  491.275
488.100......................  491.100      488.300.........  491.300
488.125......................  491.125      488.325.........  491.325
488.150......................  491.150      488.350.........  491.350
488.175......................  491.175      488.375.........  491.375
488.200......................  491.200      488.400.........  491.400
------------------------------------------------------------------------

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.425......................  491.425      488.575.........  491.575
488.450......................  491.450      488.600.........  491.600
488.475......................  491.475      488.625.........  491.625
488.500......................  491.500      488.650.........  491.650
488.525......................  491.525      488.675.........  491.675
488.550......................  491.550      488.700.........  491.700
------------------------------------------------------------------------

    (3) These channels may be assigned for use by relay stations in 
systems where it would be impractical to provide offshore radiotelephone 
service without the use of relay stations.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.725......................  491.725      488.775.........  491.775
488.750......................  491.750      488.800.........  491.800
------------------------------------------------------------------------

    (4) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency communications 
involving protection of life and property.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.825......................  491.825      488.875.........  491.875
488.850......................  491.850      488.900.........  491.900
------------------------------------------------------------------------

    (5) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency auto alarm and voice 
transmission pertaining to emergency conditions only.

------------------------------------------------------------------------
                      Central               Subscriber
------------------------------------------------------------------------
               488.950................  491.950
------------------------------------------------------------------------

    (6) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency shut-off remote 
control telemetry, environmental data acquisition and disseminations, or 
facsimile transmissions.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.000......................  492.000      489.200.........  492.200
489.025......................  492.025      489.225.........  492.225
489.050......................  492.050      489.250.........  492.250
489.075......................  492.075      489.275.........  492.275
489.100......................  492.100      489.300.........  492.300
489.125......................  492.125      489.325.........  492.325
489.150......................  492.150      489.350.........  492.350
489.175......................  492.175      489.375.........  492.375
------------------------------------------------------------------------

    (7) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.400......................  492.400      489.725.........  492.725
489.425......................  492.425      489.750.........  492.750
489.450......................  492.450      489.775.........  492.775
489.475......................  492.475      489.800.........  492.800
489.500......................  492.500      489.825.........  492.825
489.525......................  492.525      489.850.........  492.850
489.550......................  492.550      489.875.........  492.875
489.575......................  492.575      489.900.........  492.900
489.600......................  492.600      489.925.........  492.925
489.625......................  492.625      489.950.........  492.950
489.650......................  492.650      489.975.........  492.975
489.675......................  492.675      490.000.........  493.000
489.700......................  492.700
------------------------------------------------------------------------

    (8) Interstitial channels. Interstitial channels are those with 
center frequencies offset by 12.5 kHz from the listed center 
frequencies. The FCC may assign interstitial channels to offshore 
stations in Zone A subject to the following conditions:
    (i) Offshore stations transmitting on interstitial channels must be 
located east of W.92 deg. longitude.
    (ii) Operations on interstitial channels are considered to be 
secondary to operations on channels with the listed center frequencies.

[[Page 214]]

    (iii) Offshore stations operating on interstitial channels must be 
used only for voice grade general communications or to provide for 
private line service.

    Note to paragraph (a) of Sec. 22.1007: These channels are contained 
in UHF TV Channel 17.

    (b) Zone B--Southern Louisiana--Texas. (1) The geographical area in 
Zone B is bounded as follows:

    From longitude W.87 deg.45' on the East to longitude W.95 deg.00' on 
the West and from the 4.8 kilometer (3 mile) limit along the Gulf of 
Mexico shoreline on the North to the limit of the Outer Continental 
Shelf on the South.

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
485.025......................  482.025      486.025.........  483.025
485.050......................  482.050      486.050.........  483.050
485.075......................  482.075      486.075.........  483.075
485.100......................  482.100      486.100.........  483.100
485.125......................  482.125      486.125.........  483.125
485.150......................  482.150      485.150.........  483.150
485.175......................  482.175      486.175.........  483.175
485.200......................  482.200      486.200.........  483.200
485.225......................  482.225      486.225.........  483.225
485.250......................  482.250      486.250.........  483.250
485.275......................  482.275      486.275.........  483.275
485.300......................  482.300      486.300.........  483.300
485.325......................  482.325      486.325.........  483.325
485.350......................  482.350      486.350.........  483.350
485.375......................  482.375      486.375.........  483.375
485.400......................  482.400      486.400.........  483.400
485.425......................  482.425      486.425.........  483.425
485.450......................  482.450      486.450.........  483.450
485.475......................  482.475      486.475.........  483.475
485.500......................  482.500      486.500.........  483.500
485.525......................  482.525      486.525.........  483.525
485.550......................  482.550      484.550.........  483.550
485.575......................  482.575      486.575.........  483.575
485.600......................  482.600      486.600.........  483.600
485.625......................  482.625      486.625.........  483.625
485.650......................  482.650      486.650.........  483.650
485.675......................  482.675      486.675.........  483.675
485.700......................  482.700      486.700.........  483.700
485.725......................  482.725      486.725.........  483.725
485.750......................  482.750      486.750.........  483.750
485.775......................  482.775      486.775.........  483.775
485.800......................  482.800      486.800.........  483.800
485.825......................  482.825      486.825.........  483.825
485.850......................  482.850      486.850.........  483.850
485.875......................  482.875      486.875.........  483.875
485.900......................  482.900      486.900.........  483.900
485.925......................  482.925      486.925.........  483.925
485.950......................  482.950      486.950.........  483.950
485.975......................  482.975      486.975.........  483.975
486.000......................  483.000      487.050.........  480.050
------------------------------------------------------------------------


    Note to paragraph (b) of Sec. 22.1007: These channels are contained 
in UHF TV Channel 16.

    (c) Zone C--Southern Texas. The geographical area in Zone C is 
bounded as follows:

    Longitude W.94 deg.00' on the East, the 4.8 kilometer (3 mile) limit 
on the North and West, a 282 kilometer (175 mile) radius from the 
reference point at Linares, N.L., Mexico on the Southwest, latitude 
N.26 deg.00' on the South, and the limits of the outer continental shelf 
on the Southeast.

    (1) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency auto alarm and voice 
transmission pertaining to emergency conditions only.

------------------------------------------------------------------------
                      Central               Subscriber
------------------------------------------------------------------------
               476.950................  479.950
------------------------------------------------------------------------

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

476.025                              479.025
476.050                              479.050
476.075                              479.075
476.100                              479.100
476.125                              479.125
476.150                              479.150
476.175                              479.175
476.200                              479.200
476.225                              479.225
476.250                              479.250
476.275                              479.275
476.300                              479.300
476.325                              479.325
476.350                              479.350
476.375                              479.375
476.400                              479.400
476.425                              479.425
476.450                              479.450
476.475                              479.475
476.500                              479.500
476.525                              479.525
476.550                              479.550
476.575                              479.575
476.600                              479.600
476.625                              479.625
476.650                              479.650
476.675                              479.675
476.700                              479.700

[[Page 215]]

 
476.725                              479.725
476.750                              479.750
476.775                              479.775
476.800                              479.800
476.825                              479.825
476.850                              479.850
476.875                              479.875
476.900                              479.900
477.000                              480.000
477.025                              480.025
477.075                              480.075
477.100                              480.100
477.125                              480.125
477.150                              480.150
477.175                              480.175
477.200                              480.200
477.225                              480.225
477.250                              480.250
477.275                              480.275
477.300                              480.300
477.325                              480.325
477.350                              480.350
477.375                              480.375
477.400                              480.400
477.425                              480.425
477.450                              480.450
477.475                              480.475
477.500                              480.500
477.525                              480.525
477.550                              480.550
477.575                              480.575
477.600                              480.600
477.625                              480.625
477.650                              480.650
477.675                              480.675
477.700                              480.700
477.725                              480.725
477.750                              480.750
477.775                              480.775
477.800                              480.800
477.825                              480.825
477.850                              480.850
477.875                              480.875
477.900                              480.900
477.925                              480.925
477.950                              480.950
477.975                              480.975
 


[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.1009  Transmitter locations.

    The rules in this section establish limitations on the locations 
from which stations in the Offshore Radiotelephone Service may transmit.
    (a) All stations. Offshore stations must not transmit from locations 
outside the boundaries of the appropriate zones specified in 
Sec. 22.1007. Offshore stations must not transmit from locations within 
241 kilometers (150 miles) of any full-service television station that 
transmits on the TV channel containing the channel on which the offshore 
station transmits.
    (b) Airborne subscriber stations. Airborne subscriber stations must 
not transmit from altitudes exceeding 305 meters (1000 feet) above mean 
sea level. Airborne mobile stations in Zone A must not transmit from 
locations within 129 kilometers (80 miles) of Lake Charles, Louisiana. 
Airborne mobile stations in Zone B must not transmit from locations 
within 129 kilometers (80 miles) of Lafayette, Louisiana. Airborne 
mobile stations in Zone C must not transmit from locations within 129 
kilometers (80 miles) of Corpus Christi or locations within 129 
kilometers (80 miles) of Houston, Texas.



Sec. 22.1011  Antenna height limitations.

    The antenna height of offshore stations must not exceed 61 meters 
(200 feet) above mean sea level. The antenna height of offshore surface 
mobile stations must not exceed 10 meters (30 feet) above the waterline.



Sec. 22.1013  Effective radiated power limitations.

    The effective radiated power (ERP) of transmitters in the Offshore 
Radiotelephone Service must not exceed the limits in this section.
    (a) Maximum power. The ERP of transmitters in this service must not 
exceed 1000 Watts under any circumstances.
    (b) Mobile transmitters. The ERP of mobile transmitters must not 
exceed 100 Watts. The ERP of mobile transmitters, when located within 32 
kilometers (20 miles) of the 4.8 kilometer (3 mile) limit, must not 
exceed 25 Watts. The ERP of airborne mobile stations must not exceed 1 
Watt.
    (c) Protection for TV Reception. The ERP limitations in this 
paragraph are intended to reduce the likelihood that interference to 
television reception from offshore radiotelephone operations will occur.
    (1) Co-channel protection. The ERP of offshore stations must not 
exceed the limits in Table I-1 of this section. The limits depend upon 
the height above

[[Page 216]]

mean sea level of the offshore transmitting antenna and the distance 
between the antenna location of the offshore transmitter and the antenna 
location of the main transmitter of the nearest full-service television 
station that transmits on the TV channel containing the channel on which 
the offshore station transmits.
    (2) Adjacent channel protection. The ERP of offshore stations 
located within 128.8 kilometers (80 miles) of the main transmitter 
antenna of a full service TV station that transmits on a TV channel 
adjacent to the TV channel which contains the channel on which the 
offshore station transmits must not exceed the limits in the Table I-2 
of Sec. 22.1015. The limits depend upon the height above mean sea level 
of the offshore transmitting antenna and the distance between the 
location of the offshore transmitter and the 4.8 kilometer (3 mile) 
limit.

                     Table I-1.--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                  30       45       61
                                                meters   meters   meters
                   Distance                      (100     (150     (200
                                                feet)    feet)    feet)
------------------------------------------------------------------------
338 km (210 mi)..............................     1000     1000     1000
330 km (205 mi)..............................     1000      900      800
2 km (200 mi)................................      800      710      630
314 km (195 mi)..............................      590      520      450
306 km (190 mi)..............................      450      400      330
298 km (185 mi)..............................      320      280      240
290 km (180 mi)..............................      250      210      175
282 km (175 mi)..............................      180      150      130
274 km (170 mi)..............................      175      110      100
266 km (165 mi)..............................       95       80       70
258 km (160 mi)..............................       65       55       50
249 km (155 mi)..............................       50       40       35
241 km (150 mi)..............................       35       30       25
------------------------------------------------------------------------



Sec. 22.1015  Repeater operation.

    Offshore central stations may be used as repeater stations provided 
that the licensee is able to maintain control of the station, and in 
particular, to turn the transmitter off, regardless of whether 
associated subscriber stations are transmitting at the time.

                     Table I-2.--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                           30       61
                                                         meters   meters
         Distance from the 4.8 km (3 mi) limit            (100     (200
                                                         feet)    feet)
------------------------------------------------------------------------
6.4 km (4 mi).........................................       25        6
8.0 km (5 mi).........................................       40       10
9.7 km (6 mi).........................................       65       15
11.3 km (7 mi)........................................      100       25
12.9 km (8 mi)........................................      150       35
14.5 km (9 mi)........................................      215       50
16.1 km (10 mi).......................................      295       70
17.7 km (11 mi).......................................      400      100
19.3 km (12 mi).......................................      530      130
20.9 km (13 mi).......................................      685      170
22.5 km (14 mi).......................................      870      215
24.1 km (15 mi).......................................     1000      270
25.7 km (16 mi).......................................     1000      415
27.4 km (17 mi).......................................     1000      505
29.0 km (18 mi).......................................     1000      610
30.6 km (19 mi).......................................     1000      730
32.2 km (20 mi).......................................     1000      865
33.8 km (21 mi).......................................     1000     1000
------------------------------------------------------------------------



Sec. 22.1025  Permissible communications.

    Offshore central stations must communicate only with subscriber 
stations (fixed, temporary-fixed, mobile and airborne). Offshore 
subscriber stations must normally communicate only with and through 
offshore central stations. Stations in the Offshore Radiotelephone 
Service may communicate through relay stations authorized in this 
service.



Sec. 22.1031  Temporary fixed stations.

    The FCC may, upon proper application therefor, authorize the 
construction and operation of temporary fixed stations in the Offshore 
Radiotelephone service to be used only when the service of permanent 
fixed stations is disrupted by storms or emergencies or is otherwise 
unavailable.
    (a) Six month limitation. If it is necessary for a temporary fixed 
station to remain at the same location for more than six months, the 
licensee of that station must apply for authorization to operate the 
station at the specific location at least 30 days before the end of the 
six month period.
    (b) International communications. Communications between the United 
States and Mexico must not be carried using a temporary fixed station 
without prior authorization from the FCC. Licensees desiring to carry 
such communications should apply sufficiently in advance to allow for 
the time necessary to coordinate with Canada or Mexico.

[[Page 217]]



Sec. 22.1035  Construction period.

    The construction period (see Sec. 22.142) for offshore stations is 
18 months.



Sec. 22.1037  Application requirements for offshore stations.

    Applications for new Offshore Radiotelephone Service stations must 
contain an exhibit showing that:
    (a) The applicant has notified all licensees of offshore stations 
located within 321.8 kilometers (200 miles) of the proposed offshore 
station, by providing the following data, at least 30 days before filing 
the application:
    (1) The name, business address, channel coordinator, and telephone 
number of the applicant;
    (2) The location and geographical coordinates of the proposed 
station;
    (3) The channel and type of emission;
    (4) The height and type of antenna;
    (5) The bearing of the main lobe of the antenna; and,
    (6) The effective radiated power.
    (b) The proposed station will not interfere with the primary ORS 
channels by compliance with the following separations:
    (1) Co-channel to a distance of 241.4 kilometers (150 miles).
    (2) If interstitial channels are used, adjacent channels 
(12.5 kHz) to a distance of 80.5 kilometers (50 miles).
    (3) Third order intermodulation channels (12.5 kHz) to a 
distance of 32.2 kilometers (20 miles).
    (4) If the proposed transmitting antenna site is located west of 
longitude W.93 deg.40', and within 32.2 kilometers (20 miles) of the 
shoreline, and proposed use of the channels listed in Sec. 22.1007(b), 
no third-order intermodulation interference would be caused to any base 
or mobile station using the channels between 488 and 494 MHz.



PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES--Table of Contents




                          Fixed Public Services

Sec.
23.1  Definitions.
23.11  Use of radiotelephone emissions by radiotelegraph stations.
23.12  Use of radiotelegraph emissions by radiotelephone stations.
23.13  Types of emission.
23.14  Emission, bandwidth, modulation and transmission characteristics.
23.15  Emission limitations.
23.16  Frequency tolerances.
23.17  Frequency measurement.
23.18  Authorization of power.
23.19  Use of directional antennas.
23.20  Assignment of frequencies.
23.21  Communications by international control stations.
23.23  Use of frequencies for radiotelegraph communication within the 
          continental United States.
23.24  Correspondents and points of communication.
23.25  Points of communication, limitations.
23.26  Use of transmitters.
23.27  Experimental research.
23.28  Special temporary authorization.
23.29  License period and expiration time.
23.31  Period of construction.
23.32  Equipment and service tests.
23.35  Compliance with tariff requirements.
23.36  Posting of license.
23.37  Station identification.
23.38  Experimental points of communication, limitations.
23.39  Antenna structures.
23.40  [Reserved]
23.41  Quarterly report of frequency usage.
23.42  License, simultaneous modification and renewal.
23.43  Maintenance tests of licensed stations.
23.44  Station inspection.
23.45  Operator license, posting of.
23.46  Operators, class required and general duties.
23.47  Station records.
23.48  Content of station records.
23.49  Discontinuance of operation.
23.50  Place of filing applications; fees and number of copies.
23.51  Addressed program material.
23.52  Mobile stations, transmission simultaneously to.
23.53  Addressed press and meteorological services.
23.54  Use of double sideband radiotelephone.
23.55  Equal employment opportunities.

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 U.S.C. 
154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47 U.S.C. 301.

    Source: 28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 
1971, unless otherwise noted.

                          Fixed Public Services



Sec. 23.1  Definitions.

    Assigned frequency. The frequency coinciding with the center of an 
authorized bandwidth of emission.
    Authorized bandwidth. The maximum bandwidth authorized to be used by 
a

[[Page 218]]

station as specified in the station license. This shall be occupied 
bandwidth or necessary bandwidth, whichever is greater.
    Authorized reference frequency. A frequency having a fixed and 
specific position with respect to the assigned frequency.
    Authorized service. The term ``authorized service'' of a point-to-
point radiotelegraph or radiotelephone station means the transmission of 
public correspondence to a point of communication as defined herein 
subject to such special provisions as may be contained in the license of 
the station or in accordance with Sec. 23.53.
    Fixed public service. The term ``fixed public service'' means a 
radiocommunication service carried on between fixed stations open to 
public correspondence.
    Fixed public press service. The term ``fixed public press service'' 
means a limited radio communication service carried on between point-to-
point telegraph stations, consisting of transmissions by fixed stations 
open to limited public correspondence, of news items, or other material 
related to or intended for publication by press agencies, newspapers, or 
for public dissemination. In addition, these transmissions may be 
directed to one or more fixed points specifically named in a station 
license, or to unnamed points in accordance with the provisions of 
Sec. 23.53.

    Note: This section is not intended as a definition of any press 
classification. Correspondence admissible under any press classification 
is determined by the tariffs of the various common carriers on file with 
the Commission.

    Fixed station. The term ``fixed station'' in the fixed public or 
fixed public press service includes all apparatus used in rendering the 
authorized service at a particular location under a single instrument of 
authorization.
    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 carrier, or suppressed carrier, from the 
reference frequency.
    International fixed public radiocommunication service. A fixed 
service, the stations of which are open to public correspondence and 
which, in general, is intended to provide radiocommunication between any 
one of the contiguous 48 states (including the District of Columbia) and 
the State of Alaska, or the State of Hawaii, or any U.S. possession or 
any foreign point; or between any U.S. possession and any other point; 
or between the State of Alaska and any other point; or between the State 
of Hawaii and any other point. In addition, radiocommunications within 
the contiguous 48 states (including the District of Columbia) in 
connection with the relaying of international traffic between stations 
which provide the above service, are also deemed to be the international 
fixed public radiocommunications service; provided, however, that 
communications solely between Alaska, or any one of the contiguous 48 
states (including the District of Columbia), and either Canada or Mexico 
are not deemed to be in the international fixed public 
radiocommunication service when such radiocommunications are transmitted 
on frequencies above 72 MHz.
    International fixed public control service. A fixed service carried 
on for the purpose of communicating between transmitting stations, 
receiving stations, message centers or control points in the 
international fixed public radiocommunication service.
    Occupied bandwidth. The frequency bandwidth such that, below its 
lower and above its upper frequency limits, the mean powers radiated are 
each equal to 0.5 percent of the total mean power radiated by a given 
emission.
    Point-to-point telegraph station. The term ``point-to-point 
telegraph station'' means a fixed station authorized for radiotelegraph 
communication.
    Point-to-point telephone station. The term ``point-to-point 
telephone station'' means a fixed station authorized for radiotelephone 
communication.
    Point of communication. The term ``point of communication'' means a 
specific location designated in the license to which a station is 
authorized to communicate for the transmission of public correspondence.
    Radiotelegraph. The term ``radiotelegraph'' as used in this part 
shall be

[[Page 219]]

construed to include types N0N, A1A, A2A, A3C, F1B, F2B, and F3C 
emission.
    Radiotelephone. The term ``radiotelephone'' as used in this part, 
with respect to operation on frequencies below 30 MHz, means a system of 
radiocommunication for the transmission of speech or, in some cases, 
other sounds by means of amplitude modulation including double sideband 
(A3E), single sideband (R3E, H3E, J3E) or independent sideband (B3E) 
transmission.

[38 FR 22478, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]



Sec. 23.11  Use of radiotelephone emissions by radiotelegraph stations.

    The licensee of a radiotelegraph station, using frequencies below 30 
MHz, may be authorized to use radiotelephone emissions as defined in 
Sec. 23.1 for the following purposes:
    (a) Transmission of addressed program material as set forth in 
Sec. 23.51.
    (b) Controlling the transmission or reception of addressed program 
material
    (c) Controlling the transmission or reception of facsimile material.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38 
FR 22479, Aug. 21, 1973]



Sec. 23.12  Use of radiotelegraph emissions by radiotelephone stations.

    The licensee of a point-to-point radiotelephone station may be 
authorized to use type N0N, A1A, A2A, F1B, or F2B emission for 
identification, for test purposes or for the exchange of service 
messages.

[49 FR 48701, Dec. 14, 1984]



Sec. 23.13  Types of emission.

    Stations in the international fixed public radiocommunication 
services may be authorized to use any of the types of emission or 
combinations thereof, described in part 2 of this chapter, as well as 
new types which may be developed: Provided, That harmful interference to 
adjacent operations is not caused thereby, And provided further, That 
the intelligence to be transmitted will use the bandwidth requested to a 
degree of efficiency compatible with the current state of the art. A 
determination of the possibilities of interference will be made as 
outlined in Sec. 23.20. In certain cases frequencies or emissions may be 
authorized on a temporary basis to determine if interference will occur. 
During normal operations, emissions shall be centered about an assigned 
frequency. Non-centered emissions may be employed for short periods of 
time as needed to avoid interfering signals or meet fluctuating traffic 
loading: Provided, That the occupied bandwidth of these emissions be 
contained within the authorized bandwidth, And provided further, That 
prior to any such use, the Commission be notified of the reference 
frequency or frequencies proposed to be used in lieu of the assigned 
frequency.

[38 FR 22479, Aug. 21, 1973]



Sec. 23.14  Emission, bandwidth, modulation and transmission characteristics.

    In the services under this part emissions are designated by their 
classification and their necessary bandwidth in accordance with the 
following procedures:
    (a) Designation of emissions in applications. In applying for new 
frequency assignments for emissions not presently authorized, the 
emissions proposed to be used shall be described and their bandwidths 
specified as outlined in part 2 of this chapter.
    (b) Designation of emissions in authorizations. The emission 
designations used in authorizations will indicate only the maximum value 
of the necessary bandwidth for each type of modulation authorized.
    (c) New types of emissions. If application is made for a type of 
emission not covered by part 2 of this chapter, a full description of 
the emission must be provided and, if possible, measurements of its 
occupied bandwidth.

[38 FR 22479, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]



Sec. 23.15  Emission limitations.

    (a) For all transmitters placed into operation after September 19, 
1973, and for all transmitters after September 19, 1975, which operate 
on frequencies below 30 MHz:

[[Page 220]]

    (1) The occupied bandwidth of emission shall be confined within the 
least possible spectrum space consistent with the state of the art and 
the required quality of transmission, and in no event shall be more than 
the authorized bandwidth.
    (2) Spurious emissions of transmitters of mean power of 50 kilowatts 
or less shall be attenuated at least 40 decibels below the mean power of 
the fundamental without exceeding the power of 50 milliwatts.
    (3) Spurious emissions of transmitters of mean power exceeding 50 
kilowatts shall be attenuated at least 60 decibels below the mean power 
of the fundamental and every effort should be made to keep the level of 
spurious emissions below the power of 50 milliwatts.
    (b) For all transmitters placed into operation after September 19, 
1973, and for all transmitters after September 19, 1975, which operate 
on frequencies above 30 MHz, the mean powers of emissions shall be 
attenuated below the mean output power of the transmitter in accordance 
with the following schedule:
    (1) 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;
    (2) 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;
    (3) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: at least 43 plus 10 log 
(mean output power in watts) decibels, or 80 decibels, whichever is the 
lesser attenuation.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than that specified in this section.

[38 FR 22479, Aug. 21, 1973; 38 FR 24901, Sept. 11, 1973]



Sec. 23.16  Frequency tolerances.

    (a) The frequency tolerance for stations in the International Fixed 
Public Radiocommunications Services shall be maintained as prescribed in 
the following table:

------------------------------------------------------------------------
                                                   Tolerances applicable
                                                    to new transmitters
                                                      installed after
                                                    September 19, 1973,
                                                        and to all
                 Frequency range                    transmitters after
                                                    September 19, 1975
                                                 -----------------------
                                                               Parts per
                                                    Percent     million
------------------------------------------------------------------------
10 to 50 kHz....................................          .1        1000
50 to 535 kHz...................................         .02         200
1605 to 30,000 kHz..............................       .0015          15
30 to 50 MHz....................................        .002          20
50 to 000 MHz...................................       .0005           5
1000 to 1850 MHz................................        .001          10
1850 to 1990 MHz................................         .02         200
1990 to 2500 MHz................................        .001          10
2500 to 10,500 MHz..............................         .03         300
10,500 to 40,000 MHz............................         .05         500
------------------------------------------------------------------------

    (b) Until September 19, 1975, the frequency tolerance of 
transmitters installed at stations in these services before September 
19, 1973, and operating within the frequency bands set forth below, 
shall be maintained within the following limits:

------------------------------------------------------------------------
                                                               Tolerance
                       Frequency range                         (percent)
------------------------------------------------------------------------
10 to 50 kHz................................................         0.1
50 to 535 kHz...............................................        0.02
1605 to 30000 kHz...........................................       0.003
Above 30 MHz................................................       (\1\)
------------------------------------------------------------------------
\1\ As set forth in the radio station license.


[38 FR 27386, Oct. 3, 1973]



Sec. 23.17  Frequency measurement.

    Each station shall provide for the measurement of all frequencies 
assigned thereto, and establish a procedure for checking them regularly. 
These measurements shall be made by means independent of the frequency 
control of the transmitter and shall be of accuracy sufficient to detect 
deviation from the assigned frequency within one-half of the allowed 
tolerance. A record shall be kept of the results and dates of all 
frequency measurements.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.18  Authorization of power.

    (a) Authorized power. Power, when designated in the respective 
station license for a particular transmitter or transmitters, is peak 
envelope power for transmitters having full, unkeyed

[[Page 221]]

carrier, single sideband or independent sideband emissions, and mean 
power for transmitters having other emissions, unless specifically 
expressed otherwise. Designation of effective radiated power may appear 
in the station license in addition to designation of power for a 
transmitter or transmitters, when deemed necessary by the Commission.
    (b) Use of minimum power. In the interest of avoiding interference 
to other operations, all stations shall radiate only as much power as is 
necessary to ensure a satisfactory service.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.19  Use of directional antennas.

    Insofar as is practicable, directional antennas, of type consistent 
with the current state of art, shall be used on all circuits for both 
transmitting and receiving.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.20  Assignment of frequencies.

    (a) Only those frequencies which are in accordance with Sec. 2.106 
of this chapter may be authorized for use by stations in the Fixed 
Public and Fixed Public Press Services. Selection of specific 
frequencies within such bands shall be made by the applicants therefor. 
After an application has been filed with the Commission for a particular 
frequency, its availability for assignment as requested will be 
determined by a study of the probabilities of interference to and from 
existing services assigned on the same or adjacent frequencies and, if 
necessary, by coordination with other agencies utilizing frequencies in 
these ranges. The applicant will be notified of the results of such 
study and coordination. All new assignments of frequencies may be made 
subject to certain conditions as may be required to minimize the 
possibility of harmful interference to existing services.
    (b) In order to minimize possible harmful interference at the 
National Radio Astronomy Observatory site located at Green Bank, 
Pocahontas County, West Virginia, and at the Naval Radio Research 
Observatory site at Sugar Grove, Pendleton County, West Virginia, any 
applicant for a station authorization other than mobile, temporary base, 
temporary fixed, Personal Radio, Civil Air Patrol, or Amateur seeking a 
station license for a new station, a construction permit to construct a 
new station or to modify an existing station license in a manner which 
would change either the frequency, power, antenna height or directivity, 
or location of such a station within the area bounded by 39 deg.15' N. 
on the north, 78 deg.30' W. on the east, 37 deg.30' N. on the south and 
80 deg.30' W. on the west shall, at the time of filing such application 
with the Commission, simultaneously notify the Director, National Radio 
Astronomy Observatory, P. O. Box No. 2, Green Bank, West Virginia, 
24944, in writing, of the technical particulars of the proposed station. 
Such notification shall include the geographical coordinates of the 
antenna, antenna height, antenna directivity if any, proposed frequency, 
type of emission, and power. In addition, the applicant shall 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 twenty 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.
    (c) [Reserved]
    (d) 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 728 hectare site

[[Page 222]]

(in the vicinity of coordinates 40 deg.07'50" N Latitude, 105 deg.14'40" 
W Longitude) resulting from new assignments (other than mobile stations) 
or from the modification or relocation of existing facilities do not 
exceed the following values:

------------------------------------------------------------------------
                                                              Power flux
                                                   Field     density \1\
                                                  strength    (dBW/m\2\)
                Frequency range                  (mV/m) in        in
                                                 authorized   authorized
                                                 bandwidth    bandwidth
                                                 of service   of service
------------------------------------------------------------------------
Below 540 kHz.................................           10         65.8
540 to 1600 Khz...............................           20         59.8
1.6 to 470 MHz................................           10       2 65.8
470 to 890 MHz................................           30       2 56.2
Above 890 MHz.................................            1       2 85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120 ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (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 in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.4 kilometers;
    (ii) Stations within 4.8 kilometers with 50 watts or more effective 
radiated power (ERP) in the primary plane of polarization in the 
azimuthal direction of the Table Mountain Radio Receiving Zone;
    (iii) Stations within 16.1 kilometers with 1 kW or more ERP in the 
primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone;
    (iv) Stations within 80.5 kilometers with 25 kW or more ERP in the 
primary plane or polarization in the azimuthal direction of 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, delivers a signal at the site in excess of the field 
strength specified herein.
    (e) 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 Sec. 0.121(c) of the Commission's Rules. 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

[[Page 223]]

Information Bureau, Federal Communications Commission, Washington, DC 
20554, Telephone (202) 632-6980.
    (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 (1.5 statute miles);
    (ii) Stations within 4.8 kilometers (3 statute miles) 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 (10 statute miles) with 1 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station;
    (iv) Stations within 80 kilometers (50 statute miles) 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 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (e)(2) and (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.
    (f) Any applicant for a new permanent base or fixed station to be 
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and 
Culebra, or for a modification of an existing authorization which would 
change the frequency, power, antenna height, directivity, or location of 
a station on these islands and would increase the likelihood of the 
authorized facility causing interference, shall notify the Interference 
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 
00613, in writing or electronically, of the technical parameters of the 
proposal. Applicants may wish to consult interference guidelines, which 
will be provided by Cornell University. Applicants who choose to 
transmit information electronically should e-mail to: [email protected]
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the antenna (NAD-83 datum), antenna height 
above ground, ground elevation at the antenna, antenna directivity and 
gain, proposed frequency and FCC Rule Part, type of emission, effective 
radiated power, and whether the proposed use is itinerant. Generally, 
submission of the information in the technical portion of the FCC 
license application is adequate notification. In addition, the applicant 
shall indicate in its application to the Commission the date 
notification was made to the Arecibo Observatory.
    (2) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts in order to resolve or mitigate any 
potential interference problem with the Arecibo Observatory and to file 
either an amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted.
    (3) The provisions of this paragraph do not apply to operations that 
transmit on frequencies above 15 GHz.

[28 FR 13032, Dec. 5, 1963, as amended at 42 FR 8329, Feb. 9, 1977; 42 
FR 27894, June 1, 1977; 44 FR 77167, Dec. 31, 1979; 50 FR 39002, Sept. 
26, 1985; 58 FR 44904, Aug. 25, 1993; 61 FR 8477, Mar. 5, 1996; 62 FR 
55530, Oct. 27, 1997]

[[Page 224]]



Sec. 23.21  Communications by international control stations.

    Stations in the international fixed public control service are 
authorized to communicate between transmitting stations, receiving 
stations, message centers or control points operating in the 
international fixed public radiocommunication services for the purpose 
of handling service messages or international traffic between these 
points: Provided, That only traffic originating in or destined to points 
outside the contiguous states may be handled. Frequencies in bands 
designated for international control stations in Part 2 of this chapter 
may be assigned to these stations.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.23  Use of frequencies for radio-telegraph communication within the continental United States.

    Licensees of point-to-point radiotelegraph stations may use any 
frequency authorized in a station license for communication between 
designated points within the 48 contiguous states and the District of 
Columbia upon the express condition that the use of any frequency above 
5000 kHz shall be subject to the limitation that no interference shall 
be caused to the international service, or to service with Alaska or 
Hawaii; and in the event such interference is caused the licensee shall 
immediately discontinue the use of the frequency or frequencies 
producing such interference and operation thereon may be conducted only 
at times when such interference will not be caused.



Sec. 23.24  Correspondents and points of communication.

    Each instrument of authorization issued for fixed public or fixed 
public press service shall authorize communication to the points of 
communication and to the organizations, agencies, or persons specified 
therein only, except as provided by Sec. 23.53: Provided, however, That 
in the event of a change in an organization, agency, or person specified 
or a change in the effective control of such organization, agency, or 
person, the licensee shall immediately notify the Commission of such 
change and shall file an application for modification of the instrument 
of authorization: And provided further, That where such change is 
occasioned by reason of circumstances beyond the control of the 
licensee, communication under the then outstanding instrument of 
authorization shall be permitted to continue pending consideration of 
and action upon the application for modification of the instrument of 
authorization.



Sec. 23.25  Points of communication, limitations.

    No point of communication will be regularly authorized in any 
instrument of authorization for fixed public or fixed public press 
service in absence of an adequate showing that public correspondence may 
be transmitted and received from such points, except as provided in 
Sec. 23.53.



Sec. 23.26  Use of transmitters.

    The licensee of a point-to-point radiotelegraph or radiotelephone 
station may use any transmitter of the station for transmission upon any 
frequency assigned to the station for communication with any point of 
communication authorized by the station license: Provided, however, That 
the maximum power authorized for the specific frequency as shown in the 
license is not exceeded.



Sec. 23.27  Experimental research.

    The licensee of a station may be authorized to use a transmitter 
which is licensed for fixed public or fixed public press service for 
experimental research in accordance with the rules and regulations 
governing the experimental service upon the condition that no 
interference will be caused to the public service. Experimental 
(Research) and Experimental (Developmental) Stations authorized to 
operate as point-to-point telegraph or telephone stations shall comply 
with the rules governing fixed public radio services in addition to the 
rules and regulations governing experimental radio services.



Sec. 23.28  Special temporary authorization.

    (a) Requests for special temporary authority must be accompanied by 
a showing that interference will not be

[[Page 225]]

caused to the fixed public or fixed public press service for which the 
station is primarily licensed; and, in addition, such requests must be 
accompanied by the following:
    (1) A statement of the call signs, location, and frequencies of the 
transmitting station; The call signs, location, and frequencies of the 
received station; and the type or types of emission to be employed by 
both stations.
    (2) A statement as to whether the frequencies are to be used for 
contact control purposes only.
    (3) A statement of the period for which the temporary authority is 
desired.
    (4) A statement describing the service which is to be rendered.
    (b) Temporary authorizations of operation not to exceed 180 days may 
be granted under the standards of section 309(f) of the Communications 
Act where extraordinary circumstances so require. Extensions of the 
temporary authorizations for a period of 180 days may also be granted, 
but the renewal applicant bears a heavy burden to show that 
extraordinary circumstances warrant such an extension.
    (c) Each application proposing construction of one or more new 
antenna structures or alteration of the overall height of one or more 
existing antenna structures, where FAA notification prior to such 
construction or alteration is required by part 17 of this chapter, must 
include the FCC Antenna Structure Registration Number(s) for the 
affected structure(s). If no such number has been assigned at the time 
the application(s) is filed, the applicant must state in the application 
whether the owner has notified the FAA of the proposed construction or 
alteration and applied to the FCC for an Antenna Structure Registration 
Number in accordance with part 17 of this chapter. Applications 
proposing construction of one or more new antenna structures or 
alteration of the overall height of one or more existing antenna 
structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the structure is 6.10-meters or less above ground level 
(AGL), must contain a statement explaining why FAA notification is not 
required.

[48 FR 27253, June 14, 1983, as amended at 61 FR 4365, Feb. 6, 1996]



Sec. 23.29  License period and expiration time.

    (a) Licenses for stations operating in the fixed public 
radiocommunications services will be issued for a period of 10 years 
unless otherwise stated in the instrument of authorization. The date of 
expiration of such licenses shall be the 1st day of December, and each 
station license will be issued so as to expire at the hour 3 a.m., 
eastern standard time. Unless otherwise ordered, when an application for 
a new station license is granted within three months of the expiration 
date for licenses of the particular class of station involved, the 
license shall be issued for the unexpired period of the current license 
term and for the full succeeding term. If granted more than three months 
from the normal expiration date, the license shall be issued for the 
unexpired period of the current license term only.
    (b) The Commission reserves the right to grant or renew station 
licenses in these services for a shorter period of time than that 
generally prescribed for such stations if, in its judgment, the public 
interest, convenience or necessity would be served by such action.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38 
FR 22480, Aug. 21, 1973; 48 FR 27253, June 14, 1983]



Sec. 23.31  Period of construction.

    Each construction permit for a radio station in the fixed public 
service will specify the date of grant as the earliest date of 
commencement of construction and a maximum of eight months thereafter as 
the time within which construction shall be completed and the station 
ready for operation, unless otherwise determined by the Commission upon 
proper showing in any particular case.



Sec. 23.32  Equipment and service tests.

    (a) Upon completion of construction of a radio station in exact 
accordance

[[Page 226]]

with the terms of the construction permit, the technical provisions of 
the application therefor and the other applicable provisions of this 
part and prior to filing of application for license, the permittee is 
authorized to test the equipment for a period not to exceed 10 days: 
Provided, That:
    (1) The engineer in charge of the district in which the station is 
located is notified 2 days in advance of the beginning of tests.
    (2) The Commission may notify the permittee to conduct no tests or 
may cancel, suspend, or change the date of beginning for the period of 
such tests as and when such action may appear to be in the public 
interest, convenience, and necessity.
    (b) When construction and equipment tests are completed in exact 
accordance with the terms of the construction permit, the technical 
provisions of the application therefor, and the other applicable 
provisions of this part, and after an application for station license 
has been filed with the Commission showing the transmitter to be in 
satisfactory operating condition, the permittee is authorized to conduct 
service tests in exact accordance with the terms of the construction 
permit for a period not to exceed 30 days: Provided, That:
    (1) The engineer in charge of the district in which the station is 
located is notified 2 days in advance of the beginning of the tests.
    (2) The Commission reserves the right to cancel such tests or 
suspend, or change the date of beginning for the period of such tests as 
and when such action may appear to be in the public interest, 
convenience, and necessity by notifying the permittee.
    (3) Service tests will not be authorized after the expiration date 
of the construction permit.
    (c) The authorization for tests embodied in paragraphs (a) and (b) 
of this section shall not be construed as constituting a license to 
operate but as a necessary part of the construction.



Sec. 23.35  Compliance with tariff requirements.

    No licensee authorized to perform common carrier service by means of 
radio communication shall engage in such service without compliance with 
all statutory provisions and regulations of the Commission relative to 
the filing of tariffs; and nothing contained in this part shall be 
deemed as a waiver or modification of any such statutory provision or 
regulation.



Sec. 23.36  Posting of license.

    The license of a station shall be posted in a conspicuous place in 
the main transmitter building of the station or kept in such building 
where it is readily available for inspection purposes.



Sec. 23.37  Station identification.

    (a) General. Every radiotelegraph or radiotelephone station in the 
International Fixed Public or Fixed Public Press Service shall transmit, 
as provided below, the identifying call sign or other approved 
identification signal on each of its assigned frequencies below 30 MHz 
on which energy is being radiated.
    (b) When required. (1) The call sign assigned to each frequency 
shall be transmitted on that frequency at the beginning and end of each 
period of use of the frequency.
    (2) During regular operation on any freuency, the call sign or other 
approved identification signal shall be transmitted at least at hourly 
intervals within the period from 10 minutes before to 10 minutes after 
each hour. If identification during this period would require an 
interruption in the transmission of a radio-photo, a telephone 
conversation, an addressed program or a multiple addressed press 
message, or a break in the continuity of a ``conference'' or ``leased 
line'' type of service, the identifying signal shall be transmitted at 
the first break in, at the conclusion of, or simultaneously with, the 
particular transmission as described below.
    (c) Methods of transmission. (1) All identifying signals shall be 
transmitted in such a manner as to permit identification without special 
equipment other than communication type receivers, except as provided in 
paragraph (e) of this section. When emissions are being used which are 
not capable of identification without special equipment, the identifying 
signal shall be

[[Page 227]]

transmitted by one of the following methods:
    (i) By interrupting the transmission and transmitting the call sign 
in a manner which can be identified without special equipment.
    (ii) By superimposing the call sign or other approved identification 
signal on the emission being transmitted without interrupting the 
transmission as provided for by paragraphs (e) and (f) of this section.
    (d) Emissions to be used. (1) Except as otherwise provided, the 
following emissions shall be used for identification:
    (i) Radiotelegraph stations. The identifying call sign shall be 
transmitted by International Morse code at a speed not to exceed 25 
words per minute and shall consist of the signal ``QRA de'' followed by 
the call sign. This transmission shall be made at least three times.
    (ii) Radiotelegraph stations using telephone type emissions. When 
telephone type emissions are being used in accordance with Sec. 23.11, 
identification may be made by voice and shall consist of announcing 
three times in English the call sign of the frequency being used
    (iii) Radiotelephone stations. The identifying transmission may be 
made utilizing either telegraph or telephone type emissions. When 
telegraph emission is used, the transmission shall be made in 
International Morse Code at a speed not to exceed 25 words per minute 
and shall consist of the signal ``QRA de'' followed by the call sign. 
This transmission shall be made at least three times. When telephone 
emission is used, the identification shall consist of announcing three 
times in English the call sign of the frequency being used, provided 
that all privacy or secrecy devices shall be removed from the circuit 
during such transmissions.
    (e) Superimposed identification. Radiotelegraph or radiotelephone 
stations identifying simultaneously with transmission of traffic: call 
signs or the general identification signal described in paragraph (f) of 
this section may be superimposed on the emission being transmitted by 
any method which will make identification possible with communication 
type receivers provided that approval of any such method shall first 
have been obtained from the Federal Communications Commission. (Approval 
by the Federal Communications Commission of any means of identification 
of complex emissions by superimposing identification of regular 
transmissions will be given upon satisfactory completion of coordinated 
tests thereof by the applicant and the Commission's Field Engineering 
Bureau.) Commission approval may be withdrawn if at any subsequent time 
harmful interference to adjacent frequencies is caused by the 
superimposed identification. When superimposed identification by call 
sign is used, the identifying signal shall consist of ``QTT de (call 
sign)'' transmitted at least three times in International Morse Code at 
a speed not to exceed 25 words per minute.
    (f) General identification signal. When an approved method of 
superimposed identification is used, the identification signal shall 
consist of ``QTT de (abbreviated name of company recorded with the 
Commission) (abbreviated name of station recorded with the 
Commission).'' (It is suggested that ``abbreviated company name'' 
consist of two to five letters such as the initials of the company name 
and that ``abbreviated name of station'' consist of two or three letters 
indicating the name of the city where the licensee's message center is 
located. Both of these abbreviations shall be notified to the Commission 
before being used for identification.) This general identification 
signal shall be transmitted in International Morse Code at a speed not 
to exceed 25 words per minute and may be transmitted continuously or 
intermittently as desired provided that it shall be transmitted for at 
least five minutes total time during the period from 10 minutes before 
to 10 minutes after each hour that energy is being radiated on the 
frequency. The same signal may be superimposed on all transmissions 
being made at a particular station: Provided, however, That licensed 
call signs shall be transmitted on the frequencies to which they are 
assigned as often as is practicable and reasonable or at least at the 
beginning and end of each period of use of each frequency.

[[Page 228]]

    (g) Identification by printer. Notwithstanding the other provisions 
of this section with respect to methods of transmission, when single 
channel start-stop 5 unit code printer equipment is being used, the 
identifying call sign may be transmitted by means of printer signals. 
When identification is made by printer signals, it shall consist of the 
call sign for the particular frequency being used and shall be made at 
least three times at a speed of approximately 60 words per minute.



Sec. 23.38  Experimental points of communication, limitations.

    Experimental (Research) or Experimental (Developmental) stations 
licensed to operate as point-to-point telegraph or telephone stations in 
the fixed public service may communicate only with other experimental 
stations located within the continental limits of the United States 
(except Alaska): Provided, however, That upon application the Commission 
may authorize such a station to communicate with one or more specific 
points in Alaska, Hawaii, possessions of the United States, or with a 
specific foreign point. In each such case, the Commission will determine 
the nature of the experimental transmissions which may be made to such 
point of communication.



Sec. 23.39  Antenna structures.

    (a) FAA notification. Before the construction of new antenna 
structures or alteration in the height of existing antenna structures is 
authorized by the FCC, a Federal Aviation Administration (FAA) 
determination of ``no hazard'' may be required. To apply for this 
determination, the FAA must be notified of the planned construction. 
Criteria used to determine whether FAA notification is required for a 
particular antenna structure are contained in part 17 of this chapter. 
Applications proposing construction of one or more new antenna 
structures or alteration of the overall height of one or more existing 
antenna structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the reason is obvious (e.g. structure height is less 
than 6.10 meters AGL) must contain a statement explaining why FAA 
notification is not required.
    (b) Painting and lighting. The owner of each antenna structure 
required to be painted and/or illuminated under the provisions 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.
    (c) Antenna Structure Registration Number. Applications proposing 
construction of one or more new antenna structures or alteration of the 
overall height of one or more existing structures, where FAA 
notification prior to such construction or alteration is required by 
part 17 of this chapter, must include the FCC Antenna Structure 
Registration Number(s) for the affected structure(s). If no such number 
has been assigned at the time the application is filed, the applicant 
must state in the application whether or not the antenna structure owner 
has notified the FAA of the proposed construction or alteration and 
applied to the FCC for an Antenna Structure Registration Number in 
accordance with part 17 of this chapter for the antenna structure in 
question.

[61 FR 4366, Feb. 6, 1996]



Sec. 23.40  [Reserved]



Sec. 23.41  Quarterly report of frequency usage.

    (a) Transmitted frequencies. Each licensee in the international 
fixed radio-communication services shall submit a report of frequency 
usage for all authorized frequencies below 30 MHz for each station. If 
more than one station is operated from a common control point, reports 
for the stations may be combined into one. This report shall be due 40 
days after the close of each calendar quarter and shall contain the 
following information: Each frequency assigned to the station or 
stations and the number of hours it was used during the quarter to each 
point of communication for each class of service rendered (such as 
telegraph, telephone,

[[Page 229]]

program, or radiophoto), the types of emission normally used to each 
point of communication, and the total hours each frequency was used.
    (b) Received frequency report. Upon specific request by the 
Commission, licensees in the international fixed public 
radiocommunication services shall furnish promptly the following 
information regarding frequencies received from all points of 
communication: All frequencies received, including call signs, location 
of transmitting station, type and bandwidth of emission normally 
employed, point of reception, and a symbol from the following table 
indicating the amount of usage of the particular received frequency.

------------------------------------------------------------------------
              Symbol                               Usage
------------------------------------------------------------------------
D................................  Daily regular use during business
                                    days.
O................................  Occasional use; not used daily, but
                                    offered frequently when required by
                                    propagation or operational
                                    conditions.
S................................  Seldom received; where records
                                    indicate light use during the past
                                    year.
L................................  Limited use; limited by solar
                                    activity to a part of the solar
                                    cycle or to a part of each year.
------------------------------------------------------------------------


The following criteria shall be used to determine whether or not a 
frequency shall be reported as received:
    (1) Report all frequencies regularly used during the period under 
consideration.
    (2) Report frequencies received consistently during a substantial 
part of any cyclical change in frequency usefulness even though they may 
be unused for considerable periods of time during another part of the 
cycle.
    (3) Do not report any frequency, the use of which is known to have 
been discontinued or transferred to another operation by a foreign 
correspondent.
    (4) Do not report any frequency which has been inactive for a period 
of 6 months or longer, except as indicated in paragraph (b)(2) of this 
section.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.42  License, simultaneous modification and renewal.

    When an application is granted by the Commission necessitating the 
issuance of a modified license less than 60 days prior to the expiration 
date of the license sought to be modified, and an application for 
renewal of said license is granted subsequent or prior thereto (but 
within 30 days of expiration of the present license) the modified 
license as well as the renewal license shall be issued to conform to the 
combined action of the Commission.



Sec. 23.43  Maintenance tests of licensed stations.

    Station licensees are authorized to carry on such routine tests as 
may be required for the proper maintenance of the stations: Provided, 
That the tests shall be so conducted as not to cause interference with 
the service of other stations.



Sec. 23.44  Station inspection.

    The licensee of any radio station shall make the station available 
for inspection by representatives of the Commission at any reasonable 
hour.



Sec. 23.45  Operator license, posting of.

    The original license of each station operator shall be posted at the 
place where he is on duty.



Sec. 23.46  Operators, class required and general duties.

    (a) The operation and control of all transmitting apparatus licensed 
at a station in the international fixed public radiocommunication 
services shall be carried on only by a person holding a valid operator 
license issued by the Commission, except as provided in other paragraphs 
of this section.
    (b) Classes of operator licenses required are as follows:
    (1) Radiotelegraph stations: Radio-telegraph or Radiotelephone 
first- or second-class license: Provided, however:
    (i) If manual morse code keying is used for transmitting public 
correspondence, the person manipulating the telegraph key shall be the 
holder of a radio-telegraph first- or second-class license except as 
provided by paragraph (b)(1)(iv) of this section;
    (ii) If manual morse code keying is used only for the purposes of 
identification or for sending service messages, the person manipulating 
the telegraph key shall be the holder of a radiotelegraph third-class 
permit or higher class of radiotelegraph license except as provided by 
paragraph (b)(1)(iv) of this section;

[[Page 230]]

    (iii) If automatic keying equipment is used, the operator of such 
equipment may send short service signals (requests for repeats, etc.) by 
manual morse code without being the holder of a radio operator license.
    (iv) Unlicensed telegraph operators of appropriate skill as 
determined by the radio station licensee may manipulate the telegraph 
key of radiotelegraph stations provided that properly licensed 
radiotelegraph operators are on duty at the transmitting station or 
authorized remote control point and that such licensed operators are 
fully responsible for the proper operation of the transmitting 
equipment.
    (2) Radiotelephone stations: Radiotelephone first- or second-class 
license: Provided, however, that, if manual morse code keying is 
employed in accordance with Sec. 23.12, the person manipulating the 
telegraph key shall be the holder of a valid radiotelegraph third-class 
permit or higher class of radiotelegraph license.
    (3) Radiotelegraph-Radiotelephone stations: Provisions under 
paragraph (b)(1) of this section are applicable.
    (4) International control stations: Radiotelegraph or radiotelephone 
first- or second-class license.
    (c) One or more licensed operators of the grade specified in 
paragraph (b) of this section shall be on duty at the place where the 
transmitting apparatus is located and in actual charge thereof when it 
is being operated: Provided, however, That:
    (1) In case of stations in these services operating on frequencies 
above 30 MHz, the Commission may authorize unattended operation upon 
application therefor and showing that the equipment is so designed and 
constructed as to make such operation feasible. When such unattended 
operation is authorized, properly licensed operators shall be on duty at 
a terminal of the system of which the unattended station or stations are 
a part or shall be available on call to perform necessary maintenance 
duties.
    (2) In the case of a station where remote control is used, the 
Commission may grant authority to employ an operator or operators at the 
control point in lieu of the place where the transmitting apparatus is 
located, provided that the following conditions are complied with:
    (i) The transmitter shall be so installed and protected that it is 
not accessible to other than duly authorized persons.
    (ii) A device shall be provided at the remote control point which 
gives a continuous visual indication whenever the control circuits have 
been placed in a condition to activate the radio transmitting apparatus.
    (iii) Provision shall be made to monitor aurally all transmissions 
originating under control of the responsible operator at the remote 
point.
    (iv) The radiation of the transmitter shall be suspended immediately 
when there is a deviation from the terms of the station license or 
applicable provisions of this chapter.
    (v) When remote control of a transmitter is performed from a 
separate location such as a message center or telephone exchange and 
manual morse code keying is not used, the operator(s) at that point need 
not be licensed by the Commission provided that licensed operator(s) are 
on duty at the transmitter location or authorized remote control point 
at all times that the station is in operation, and they are fully 
responsible for the proper operation of the transmitting equipment. If 
manual morse code keying is used at a remote control point, the 
provisions of paragraph (b)(1) of this section shall apply.
    (3) When a radio station is radiating, all adjustments or tests 
during or coincident with the installation and servicing or maintenance 
of the transmitter and its associated equipment which may affect the 
quality of transmission or possibly cause the station radiation to 
exceed the limits specified in its instrument of authorization or in the 
rules pertaining to such station shall be made by or under the immediate 
supervision and responsibility of a person holding the proper license, 
who shall be responsible for the proper functioning of the radio 
facilities. A radiotelephone station must be under the supervision of a 
person holding a radiotelephone or radiotelegraph first- or second-class 
license, and a radiotelegraph station must be under the supervision of a 
person holding a radiotelegraph first- or second-class license.

[[Page 231]]

    (4) When a radio station is not radiating, persons of appropriate 
technical skill, who are not licensed radio operators, may perform the 
functions described in paragraph (c)(3) of this section without direct 
supervision after having been authorized to do so by the responsible 
licensed operator under whose immediate supervision the facilities shall 
thereafter initially be placed in operation and be determined to be 
operating properly.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.47  Station records.

    (a) Station records shall be kept in an orderly manner, and in such 
detail that the data required is readily available. Key letters, 
abbreviations, or symbols may be used if proper meaning or explanation 
is set forth in the record.
    (b) Each entry in the records of a station shall be made by a person 
qualified to do so and having actual knowledge of the facts to be 
recorded, and each entry shall clearly identify the person making the 
entry. Each entry or group of entries shall be certified by the 
signature of the person or persons responsible: Provided, That each 
physical page contain such certification: And provided further, That any 
such group of entries contain entries made only during a single daily 
period of duty.
    (c) No record or portions 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 corrections made, 
and indicate the date of correction.
    (d) The records required by this part shall be retained for a period 
of at least 1 year: Provided, that:
    (1) Records involving communications incident to a disaster or which 
include communications incident to, or involved in, an investigation by 
the Commission and concerning which the licensee has knowledge shall be 
retained by the licensee until specifically authorized in writing by the 
Commission to destroy them.
    (2) Records incident to or involved in any claim or complaint of 
which the licensee has knowledge shall be retained by the licensee until 
such claim or complaint has been fully satisfied or until the same has 
been barred by statute limiting the time for the filing of suit upon 
such claim.

[38 FR 22481, Aug. 21, 1973]



Sec. 23.48  Content of station records.

    (a) For each station in the services under this part, except 
stations in the international fixed public control service, the licensee 
shall maintain a technical log of the station operating showing:
    (1) Signature of each licensed operator responsible for the 
operation of the transmitting equipment and an indication of his hours 
of duty.
    (2) Hours of use of each frequency assignment and type of emission 
indicating time of beginning and end of each period of operation and 
points of communication to which each frequency is used (or area if 
service is pursuant to Sec. 23.53).
    (3) Hours of use of each transmitter indicating time of beginning 
and end of each period of operation.
    (4) Power input to the final stage of each transmitter.
    (5) Dates and results of each frequency measurement.
    (b) For stations in the international fixed public control service, 
the licensee shall maintain a technical log of the station operating 
showing:
    (1) Normal hours of operation and dates and times of interruptions 
to service.
    (2) Dates and results of each frequency measurement.
    (3) When service or maintenance duties are performed, the 
responsible operator shall sign and date the station record giving 
pertinent details of all duties performed by him or under his 
supervision; his name and the class, serial number, and date of 
expiration of his license.
    (c) For each station having an antenna structure which is required 
to be obstruction-lighted, appropriate entries shall be made in the 
station's technical log as required by Sec. 23.39.

[38 FR 22481, Aug. 21, 1973]

[[Page 232]]



Sec. 23.49  Discontinuance of operation.

    The licensee of each fixed radio station except stations operating 
in Alaska, shall notify the Engineer in Charge of the district where 
such station is located of any of the following changes in the status of 
such station at least two days before such change: (a) Temporary 
discontinuance of operation for a period of ten days or more; (b) the 
date of resumption of operation after temporary discontinuance of 
operation for a period of ten days or more; (c) permanent discontinuance 
of operation: Provided, however, Where any such discontinuance of 
operation is not voluntary and results from causes beyond the control of 
the licensee, notice thereof shall be given not later than two days 
after such discontinuance of operation. In all cases of permanent 
discontinuance of operation the licensee shall, in addition to notifying 
the engineer of intention to discontinue operation, immediately forward 
the station license to the Washington, D.C., office of the Commission 
for cancellation.

[28 FR 13002, Dec. 5, 1963, as amended at 30 FR 7176, May 28, 1965; 35 
FR 10447, June 26, 1970. Redesignated at 38 FR 22481, Aug. 21, 1973]



Sec. 23.50  Place of filing application; fees and number of copies.

    (a) Standard numbered forms applicable to the international fixed 
public radiocommunication services discussed within the subpart are as 
follows:

------------------------------------------------------------------------
             Form No.                           Description
------------------------------------------------------------------------
403..............................  Application for radio station license
                                    or modification thereof.
405..............................  Application for renewal of radio
                                    station license in specified
                                    services.
407..............................  Application for radio station
                                    construction permit.
408..............................  Application for temporary
                                    authorization in addition to
                                    authority contained in license.
701..............................  Application for additional time to
                                    construct radio station.
702..............................  Application for consent to assignment
                                    of radio station construction permit
                                    or license (for stations in services
                                    other than broadcast).
704..............................  Application for consent to transfer
                                    of control of corporation holding
                                    common carrier radio station
                                    construction permit or license.
714..............................  Supplement to application for new or
                                    modified radio station authorization
                                    (concerning antenna structure
                                    notification to FAA).
------------------------------------------------------------------------


These forms may be obtained from the Secretary, Federal Communications 
Commission, Washington, DC 20554, or from any of the Commission's 
engineering field offices, the addresses of which are listed in 
Sec. 0.121(a) of this chapter.
    (b) Every application for a radio station authorization and all 
correspondence relating thereto shall be submitted to the Commission's 
office at Washington, DC 20554. Applications requiring fees as set forth 
at part 1, subpart G of this chapter must be filed in accordance with 
Sec. 0.401(b) of the rules.
    (c) Unless otherwise specified in a particular case, or for a 
particular form, each application, including exhibits and attachments 
thereto, shall be filed in duplicate.
    (d) Each application shall be accompanied by a fee prescribed in 
subpart G of part 1 of this chapter.

[38 FR 22481, Aug. 21, 1973, as amended at 52 FR 5294, Feb. 20, 1987; 52 
FR 10230, Mar. 31, 1987]



Sec. 23.51  Addressed program material.

    (a) Stations operating in the fixed public service and in the fixed 
public press service may be authorized to transmit addressed program 
material to a fixed point, or points, outside the 48 contiguous States 
and the District of Columbia, specifically named in the instrument of 
authorization granted to the licensee, intended for broadcast only by a 
broadcast station. Any such authorization shall be subject to the 
condition that no interference is caused to the authorized regular 
service of the station as defined by Sec. 23.8.
    (b) Such stations may also, upon proper application therefor, be 
authorized to transmit addressed program material to any such fixed 
point in South or Central America for simultaneous interception and 
broadcast by a broadcast station at one or more additional points in the 
same general area upon a showing that public message service to such 
fixed point of communication will not be unduly impaired. Application 
for such authority shall be submitted not less than 10 days prior to the 
proposed date of the the first interception. Such application shall 
show, in addition to the proposed intercept and broadcast points, the 
South or Central American station or stations

[[Page 233]]

over which the program will be broadcast, a full description of the 
arrangements made for such intercept and broadcast, and the period for 
which such authority is requested. Authorizations will be limited to the 
period for which arrangements for broadcasting by South or Central 
American stations have been made and in no event will extend beyond the 
term of the point-to-point station license.



Sec. 23.52  Mobile stations, transmission simultaneously to.

    A point-to-point telegraph station, in addition to the fixed points 
of communication specified in an instrument of authorization, may be 
authorized to communicate simultaneously with mobile stations for the 
transmission of press material destined primarily to fixed points.



Sec. 23.53  Addressed press and meteorological services.

    (a) The licensee of a station in the fixed public or fixed public 
press service may be authorized to transmit, without coordinated 
reception, addressed press messages (including press facsimile and 
photographs) and weather maps, charts and photographs for reception at 
overseas or foreign points by meteorological organizations by facsimile 
and radio phototelegraphy, to one or more persons at one or more fixed 
points not specifically named in its license: Provided, however, That 
the licensee, upon institution of addressed press service to any point, 
shall promptly notify the Commission of the following:
    (1) The name and location of the person subscribing to such service.
    (2) The date of institution of such service, and
    (3) The location of the licensee's station from which such service 
is transmitted.

Any authority, granted under this paragraph, to transmit addressed press 
messages to any person or to any point may be terminated by the 
Commission upon notice to the licensee within 30 days after notification 
of institution of service to such person or point is filed by the 
licensee.
    (b) In the event of the deletion of service to any point or to any 
person or any change with respect to the facts reported under paragraph 
(a) (1) or (3) of this section, the licensee shall promptly notify the 
Commission of such deletion or change and the date thereof.
    (c) On or before the first day of February and the first day of 
August of each year, the licensee shall submit, for each of its stations 
authorized to render addressed press service in accordance with 
provisions of this section, a recapitulative list, as of the first day 
of January and the first day of July respectively of that year, 
containing the following:
    (1) The name and location of each person subscribing to such 
service, and
    (2) The date of institution of such service to each person at each 
point.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971]



Sec. 23.54  Use of double sideband radiotelephone.

    Use of double sideband radiotelephone transmissions, on frequencies 
below 30 MHz, shall be held to a minimum with a view towards 
discontinuance of such operations as soon as possible. Except in cases 
where the foreign correspondent is unable to receive single sideband 
transmissions, double sideband radiotelephone shall not be transmitted 
after January 1, 1965.



Sec. 23.55  Equal employment opportunities.

    (a) General policy. Equal opportunity in employment shall be 
afforded by all common carrier licensees or permittees to all qualified 
persons, and no personnel shall be discriminated against in employment 
because of sex, race, color, religion, or national origin.
    (b) Equal employment opportunity program. Each licensee or permittee 
shall establish, maintain, and carry out, a positive continuing program 
of specific practices designed to assure equal opportunity in every 
aspect of employment policy and practice. Under the terms of its 
program, a licensee or permittee shall:

[[Page 234]]

    (1) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (2) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (3) Communicate its equal employment opportunity policy and program 
and its employment needs to sources of qualified applicants without 
regard to sex, race, color, religion, or national origin, and solicit 
their recruitment assistance on a continuing basis.
    (4) Conduct a continuing campaign to exclude every form of prejudice 
or discrimination based upon sex, race, color, religion, or national 
origin, from the licensees' or permittees' personnel policies and 
practices and working conditions.
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to insure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (c) Additional information to be furnished to the Commission. (1) 
Equal Employment Programs to be filed by common carrier licensees or 
permittees.
    (i) All licensees or permittees will file a statement of their equal 
employment opportunity program not later than December 17, 1970, 
indicating specific practices to be followed in order to assure equal 
employment opportunity on the basis of sex, race, color, religion, or 
national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions, demotion, layoff, and termination.
    (a) Any changes or amendments to existing programs should be filed 
with the Commission on April 1 of each year thereafter.
    (b) If a licensee or permittee has fewer than 16 full-time 
employees, no such statement need be filed.
    (2) The program should reasonably address itself to such specific 
areas as set forth below, to the extent that they are appropriate in 
terms of licensee size, location, etc.
    (i) To assure nondiscrimination in recruiting. (a) Posting notices 
in the licensee's or permittee's offices informing applicants for 
employment of their equal employment rights and their right to notify 
the Equal Employment Opportunity Commission, the Federal Communications 
Commission, or other appropriate agency. Where a substantial number of 
applicants are Spanish-surnamed Americans such notice should be posted 
in Spanish and English.
    (b) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited and that they 
may notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission or other appropriate agency if they believe 
they have been discriminated against.
    (c) Placing employment advertisements in media which have 
significant circulation among minority-group people in the recruiting 
area.
    (d) Recruiting through schools and colleges with significant 
minority-group enrollments.
    (e) Maintaining systematic contacts with minority and human 
relations organizations, leaders, and spokesmen to encourage referral of 
qualified minority or female applicants.
    (f) Encouraging present employees to refer minority or female 
applicants.
    (g) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring. (a) 
Instructing personally those on the staff of the licensee or permittee 
who make hiring decisions that all applicants for all jobs are to be 
considered without discrimination.
    (b) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females

[[Page 235]]

of equal opportunity for employment, and including an effective 
nondiscrimination clause in new or renegotiated union agreements.
    (c) Avoiding use of selection techniques or tests which have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotion. (a) 
Instructing personally those of the licensee's or permittee's staff who 
make decisions on placement and promotion that minority employees and 
females are to be considered without discrimination, and that job areas 
in which there is little or no minority or female representation should 
be reviewed to determine whether this results from discrimination.
    (b) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (c) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (d) Avoiding use of selection techniques or tests, which have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (a) Examining rates of pay and fringe benefits for present 
employees with equivalent duties, and adjusting any inequities found.
    (b) Proving opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority group or female 
employees.
    (d) Report of complaints filed against licensees and permittees. (1) 
All licensees or permittees shall submit an annual report to the FCC no 
later than May 31 of each year indicating whether any complaints 
regarding violations by the licensee or permittee of equal employment 
provisions of Federal, State, Territorial, or local law have been filed 
before any body having competent jurisdiction.
    (i) The report should state the parties involved the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (ii) Any licensee or permittee who has filed such information with 
the EEOC need not do so with the Commission, if such previous filing is 
indicated.
    (e) Complaints of violations of Equal Employment Programs. (1) 
Complaints alleging employment discrimination against a common carrier 
licensee will be considered by the Commission in the following manner:
    (i) If a complaint raising an issue of discrimination is received 
against a licensee or permittee who is within the jurisdiction of the 
EEOC, it will be submitted to that agency. The Commission will maintain 
a liaison with that agency which will keep the Commission informed of 
the disposition of complaints filed against any of the common carrier 
licensees.
    (ii) Complaints alleging employment discrimination against a common 
carrier licensee of permittee who does not fall under the jurisdiction 
of the EEOC but is covered by appropriate enforceable State law, to 
which penalties apply, may be submitted by the Commission to the 
respective State agency.
    (iii) Complaints alleging employment discrimination against a common 
carrier licensee or permittee who does not fall under the jurisdiction 
of the EEOC or an appropriate State law, will be accorded appropriate 
treatment by the FCC.
    (iv) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance by the common 
carrier licensees or permittees with the principles of equal employment 
as set forth herein.
    (2) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee or permittee 
who is required to file an employment report to the Commission under 
Sec. 1.815(a) of

[[Page 236]]

this chapter will be investigated by the Commission.
    (f) Records available to public--(1) Commission records. A copy of 
every annual employment report, equal employment opportunity program, 
and reports on complaints regarding violation of equal employment 
provisions of Federal, State, Territorial, or local law, and copies of 
all exhibits, letters, and other documents filed as part thereof, all 
amendments thereto, all correspondence between the permittee or licensee 
and the Commission pertaining to the reports after they have been filed 
and all documents incorporated therein by reference, are open for public 
inspection at the offices of the Commission.
    (2) Records to be maintained locally for public inspection by 
licensees or permittees--(i) Records to be maintained. Each licensee or 
permittee required to file annual employment reports, equal employment 
opportunity programs, and annual reports on complaints regarding 
violations of equal employment provisions of Federal, State, 
Territorial, or local law shall maintain for public inspection, in the 
same manner and in the same locations as required for the keeping and 
posting of tariffs as set forth in Sec. 61.72 of this chapter, a file 
containing a copy of each such report and copies of all exhibits, 
letters, and other documents filed as part thereto, all correspondence 
between the permittee or licensee and the Commission pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference.
    (ii) Period of retention. The documents specified in paragraph 
(f)(2)(i) of this section shall be maintained for a period of 2 years.

[35 FR 12894, Aug. 14, 1970, as amended at 36 FR 3119, Feb. 18, 1971. 
Redesignated at 38 FR 22481, Aug. 21, 1973]



PART 24--PERSONAL COMMUNICATIONS SERVICES--Table of Contents




                     Subpart A--General Information

Sec.
24.1  Basis and purpose.
24.2  Other applicable rule parts.
24.3  Permissible communications.
24.5  Terms and definitions.

                  Subpart B--Applications and Licenses

                       General Filing Requirements

24.10  Scope.
24.11  Initial authorization.
24.12  Eligibility.
24.15  License period.
24.16  Criteria for comparative renewal proceedings.
24.18  Notification to the Arecibo Observatory.

                     Subpart C--Technical Standards

24.50  Scope.
24.51  Equipment authorization.
24.52  RF hazards.
24.53  Calculation of height above average terrain (HAAT).
24.55  Antenna structures; air navigation safety.

                        Subpart D--Narrowband PCS

24.100  Scope.
24.101  Multiple ownership restrictions.
24.102  Service areas.
24.103  Construction requirements.
24.129  Frequencies.
24.130  Paging response channels.
24.131  Authorized bandwidth.
24.132  Power and antenna height limits.
24.133  Emission limits.
24.134  Co-channel separation criteria.
24.135  Frequency stability.

                        Subpart E--Broadband PCS

24.200  Scope.
24.202  Service areas.
24.203  Construction requirements.
24.229  Frequencies.
24.232  Power and antenna height limits.
24.235  Frequency stability.
24.236  Field strength limits.
24.237  Interference protection.
24.238  Emission limits.

   Policies Governing Microwave Relocation From the 1850-1990 MHz Band

24.239  Cost-sharing requirements for broadband PCS.
24.241  Administration of the Cost-Sharing Plan.
24.243  The cost-sharing formula.
24.245  Reimbursement under the Cost-Sharing Plan.
24.247  Triggering a reimbursement obligation.
24.249  Payment issues.
24.251  Dispute resolution under the Cost-Sharing Plan.
24.253  Termination of cost-sharing obligations.

Appendix I to Subpart E--A Procedure for Calculating PCS Signal Levels 
          at

[[Page 237]]

          Microwave Receivers (Appendix E of the Memorandum Opinion and 
          Order)

      Subpart F--Competitive Bidding Procedures for Narrowband PCS

24.301  Narrowband PCS subject to competitive bidding.
24.302  Competitive bidding design for narrowband PCS licensing.
24.303  Competitive bidding mechanisms.
24.304  Withdrawal, default and disqualification penalties.
24.305  Bidding applications (FCC Form 175 and 175-S Short-Form).
24.306  Submission of upfront payments and down payments.
24.307  Long-Form applications.
24.308  License grant, denial, default, and disqualification.
24.309  Designated entities.
24.320  Definitions.

   Subpart G--Interim Application, Licensing and Processing Rules for 
                             Narrowband PCS

24.403  Authorization required.
24.404  Eligibility.
24.405  Formal and informal applications.
24.406  Filing of Narrowband PCS applications, fees, and numbers of 
          copies.
24.407-24.408  [Reserved]
24.409  Standard application forms and permissive changes or minor 
          modifications for the narrowband Personal Communications 
          Service.
24.410  [Reserved]
24.411  Miscellaneous forms.
24.412  [Reserved]
24.413  General application requirements.
24.414  [Reserved]
24.415  Technical content of applications; maintenance of list of 
          station locations.
24.417-24.418  [Reserved]
24.419  Waiver of rules.
24.420  Defective applications.
24.421  Inconsistent or conflicting applications.
24.422  Amendment of application for Narrowband Personal Communications 
          Service filed on FCC Form 175.
24.423  Amendment of applications for Narrowband Personal Communications 
          Service (other than applications filed on FCC Form 175).
24.424  [Reserved]
24.425  Application for temporary authorizations.
24.426  Receipt of application; applications in the narrowband Personal 
          Communications Services filed on FCC Form 175 and other 
          applications in the narrowband PCS Service.
24.427  Public notice period.
24.428  Dismissal and return of applications.
24.429  Ownership changes and agreements to amend or to dismiss 
          applications or pleadings.
24.430  Opposition to applications.
24.431  Mutually exclusive applications.
24.432  Consideration of applications.
24.433-24.438  [Reserved]
24.439  Transfer of control or assignment of station authorization.
24.440-24.442  [Reserved]
24.443  Extension of time to complete construction.
24.444  Termination of authorization.

       Subpart H--Competitive Bidding Procedures for Broadband PCS

24.701  Broadband PCS subject to competitive bidding.
24.702  Competitive bidding design for Broadband PCS licensing.
24.703  Competitive bidding mechanisms.
24.704  Withdrawal, default and disqualification penalties.
24.705  Bidding application (FCC Form 175 and 175-S Short-Form).
24.706  Submission of upfront payments and down payments.
24.707  Long-form applications.
24.708  License grant, denial, default, and disqualification.
24.709  Eligibility for licenses for frequency Blocks C and F.
24.710  Limitation on licenses won at auction for frequency Blocks C and 
          F.
27.711  Upfront payments, down payments and installment payments for 
          licenses for frequency Block C.
24.712  Bidding credits for licenses for frequency Block C.
24.713  [Reserved]
24.714  Partitioned licenses and disaggregated spectrum.
24.716  Upfront payments, down payments, and installment payments for 
          licenses for frequency Block F.
24.717  Bidding credits for licenses for frequency Block F.
24.720  Definitions.

  Subpart I--Interim Application, Licensing, and Processing Rules for 
                              Broadband PCS

24.801-24.802  [Reserved]
24.803  Authorization required.
24.804  Eligibility.
24.805  Formal and informal applications.
24.806  Filing of broadband PCS applications; fees; number of copies.
24.807-24.808  [Reserved]
24.809  Standard application forms and permissive changes or minor 
          modifications for the broadband Personal Communications 
          Services.
24.810  [Reserved]
24.811  Miscellaneous forms.
24.812  [Reserved]

[[Page 238]]

24.813  General application requirements.
24.814  [Reserved]
24.815  Technical content of applications; maintenance of list of 
          station locations.
24.816-24.818  [Reserved]
24.819  Waiver of rules.
24.820  Defective applications.
24.821  Inconsistent or conflicting applications.
24.822  Amendment of application to participate in auction for licenses 
          in the broadband Personal Communications Services filed on FCC 
          Form 175.
24.823  Amendment of applications for licenses in the broadband Personal 
          Communications Services (other than applications filed on FCC 
          Form 175).
24.824  [Reserved]
24.825  Application for temporary authorizations.
24.826  Receipt of application; Applications in the broadband Personal 
          Communications Services filed on FCC Form 175 and other 
          applications in the broadband Personnel Communications 
          Services.
24.827  Public notice period.
24.828  Dismissal and return of applications.
24.829  Ownership changes and agreements to amend or to dismiss 
          applications or pleadings.
24.830  Opposition to applications.
24.831  Mutually exclusive applications.
24.832  Consideration of applications.
24.833  Post-auction divestitures.
24.834-24.838  [Reserved]
24.839  Transfer of control or assignment of license.
24.840-24.842  [Reserved]
24.843  Extension of time to complete construction.
24.844  Termination of authorization.

    Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.

    Source: 58 FR 59183, Nov. 8, 1993, unless otherwise noted. 
Redesignated at 59 FR 18499, Apr. 19, 1994.



                     Subpart A--General Information



Sec. 24.1  Basis and purpose.

    This section contains the statutory basis for this part of the rules 
and provides the purpose for which this part is issued.
    (a) Basis. The rules for the personal communications services (PCS) 
in this part are promulgated under the provisions of the Communications 
Act of 1934, as amended, that vests authority in the Federal 
Communications Commission to regulate radio transmission and to issue 
licenses for radio stations.
    (b) Purpose. This part states the conditions under which portions of 
the radio spectrum are made available and licensed for PCS.
    (c) Scope. The rules in this part apply only to stations authorized 
under this part. Rules in subparts D and E apply only to stations 
authorized under those subparts.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
and amended at 59 FR 32854, June 24, 1994]



Sec. 24.2  Other applicable rule parts.

    Other FCC rule parts applicable to licensees in the personal 
communications services include the following:
    (a) Part 0. This part describes the Commission's organization and 
delegations of authority. Part 0 of this chapter also lists available 
Commission publications, standards and procedures for access to 
Commission records, and location of Commission Field Offices.
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental requirements that, if applicable, must be complied with 
prior to the initiation of construction.
    (c) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contains standards and 
procedures concerning the marketing and importation of radio frequency 
devices, and for obtaining equipment authorization.
    (d) Part 5. This part contains rules prescribing the manner in which 
parts of the radio frequency spectrum may be made available for 
experimentation.
    (e) Part 15. This part contains rules setting out the regulations 
under which an intentional, unintentional, or incidental radiator may be 
operated without an individual license. It also contains the technical 
specifications, administrative requirements and other conditions 
relating to the marketing of part 15 devices. Unlicensed PCS devices 
operate under subpart D of part 15.

[[Page 239]]

    (f) Part 17. This part contains requirements for construction, 
marking and lighting of antenna towers.
    (g) Part 20 of this chapter governs commercial mobile radio 
services.
    (h) Part 21. This part contains rules concerning point-to-point 
microwave service authority relating to communications common carriers.
    (i) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.
    (j) Part 94. This part contains rules concerning the private 
microwave service relating to point-to-point communication requirements.

[58 FR 59183, Nov. 8, 1993. Redesignated and amended at 59 FR 18499, 
Apr. 19, 1994]



Sec. 24.3  Permissible communications.

    PCS licensees may provide any mobile communications service on their 
assigned spectrum. Fixed services may be provided on a co-primary basis 
with mobile operations. Broadcasting as defined in the Communications 
Act is prohibited.

[61 FR 45356, Aug. 29, 1996]



Sec. 24.5  Terms and definitions.

    Assigned Frequency. The center 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.
    Average Terrain. The average elevation of terrain between 3 and 16 
kilometers from the antenna site.
    Base Station. A land station in the land mobile service.
    Broadband PCS. PCS services operating in the 1850-1890 MHz, 1930-
1970 MHz, 2130-2150 MHz, and 2180-2200 MHz bands.
    Effective Radiated Power (e.r.p.) (in a given direction). The 
product of the power supplied to the antenna and its gain relative to a 
half-wave dipole in a given direction.
    Equivalent Isotropically Radiated Power (e.i.r.p.). The product of 
the power supplied to the antenna and the antenna gain in a given 
direction relative to an isotropic antenna.
    Fixed Service. A radiocommunication service between specified fixed 
points.
    Fixed Station. A station in the fixed service.
    Land Mobile Service. A mobile service between base stations and land 
mobile stations, or between land mobile stations.
    Land Mobile Station. A mobile station in the land mobile service 
capable of surface movement within the geographic limits of a country or 
continent.
    Land Station. A station in the mobile service not intended to be 
used while in motion.
    Mobile Service. A radiocommunication 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.
    Narrowband PCS. PCS services operating in the 901-902 MHz, 930-931 
MHz, and 940-941 MHz bands.
    National Geodetic Reference System (NGRS): The name given to all 
geodetic control data contained in the National Geodetic Survey (NGS) 
data base. (Source: National Geodetic Survey, U.S. Department of 
Commerce)
    PCS Relocator. A PCS entity that pays to relocate a fixed microwave 
link from its existing 2 GHz facility to other media or other fixed 
channels.
    Personal Communications Services (PCS). Radio communications that 
encompass mobile and ancillary fixed communication that provide services 
to individuals and businesses and can be integrated with a variety of 
competing networks.
    UTAM. The Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave 
Transition and Management, which coordinates relocation in the 1910-1930 
MHz band.
    Voluntarily Relocating Microwave Incumbent A microwave incumbent 
that voluntarily relocates its licensed facilities to other media or 
fixed channels.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
and amended at 61 FR 29691, June 12, 1996; 62 FR 12757, Mar. 18, 1997]

[[Page 240]]



                  Subpart B--Applications and Licenses

                       General Filing Requirements



Sec. 24.10  Scope.

    This subpart contains some of the procedures and requirements for 
filing applications for licenses in the personal communications 
services. One also should consult subparts F and G of this part. Other 
Commission rule parts of importance that may be referred to with respect 
to licensing and operation of radio services governed under this part 
include 47 CFR parts 0, 1, 2, 5, 15, 17 and 20.

[59 FR 32854, June 24, 1994]



Sec. 24.11  Initial authorization.

    (a) An applicant must file an application for an initial 
authorization in each market and frequency block desired.
    (b) Blanket licenses are granted for each market and frequency 
block. Applications for individual sites are not required and will not 
be accepted.

[59 FR 32854, June 24, 1994]



Sec. 24.12  Eligibility.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 310, or 
Secs. 99.202(c) or 99.204, is eligible to hold a license under this 
part.

[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994]



Sec. 24.15  License period.

    Licenses for service areas will be granted for ten year terms from 
the date of original issuance or renewal.



Sec. 24.16  Criteria for comparative renewal proceedings.

    A renewal applicant involved in a comparative renewal proceeding 
shall receive a preference, commonly referred to as a renewal 
expectancy, which is the most important comparative factor to be 
considered in the proceeding, if its past record for the relevant 
license period demonstrates that the renewal applicant:
    (a) Has provided ``substantial'' service during its past license 
term. ``Substantial'' service is defined as service which is sound, 
favorable, and substantially above a level of mediocre service which 
might just minimally warrant renewal; and
    (b) Has substantially complied with applicable Commission rules, 
policies and the Communications Act.



Sec. 24.18  Notification to the Arecibo Observatory.

    (a) The requirements in this section are intended to minimize 
possible interference at the Arecibo Observatory in Puerto Rico. 
Licensees must make reasonable efforts to protect the Observatory from 
interference. Licensees planning to construct and operate a new station 
at a permanent fixed location on the islands of Puerto Rico, Desecheo, 
Mona, Vieques or Culebra in services in which individual station 
licenses are issued by the FCC; planning to construct and operate a new 
station at a permanent fixed location on these islands that may cause 
interference to the operations of the Arecibo Observatory in services in 
which individual station licenses are not issued by the FCC; or planning 
a modification of any existing station at a permanent fixed location on 
these islands that would increase the likelihood of causing interference 
to the operations of the Arecibo Observatory must notify the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically (e-mail address: 
[email protected]), of the technical parameters of the planned operation. 
Carriers may wish to use the interference guidelines provided by Cornell 
University as guidance in designing facilities to avoid interference to 
the Observatory. The notification must include identification of the 
geographical coordinates of the antenna location (NAD-83 datum), the 
antenna height, antenna directivity (if any), proposed channel and FCC 
Rule Part, type of emission, and effective isotropic radiated power.
    (b) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (a) of this section 
should be sent at the same time the application is filed with

[[Page 241]]

the FCC, and at least 20 days in advance of the applicant's planned 
operation. The application must state the date that notification in 
accordance with paragraph (a) was made. In services in which individual 
station licenses are not issued by the FCC, the notification required in 
paragraph (a) of this section should be sent at least 45 days in advance 
of the applicant's planned operation. In the latter services, the 
Interference Office must inform the FCC of a notification by an 
applicant within 20 days if the Office plans to file comments or 
objections to the notification. After the FCC receives an application 
from a service applicant or is informed by the Interference Office of a 
notification from a service applicant, the FCC will allow the 
Interference Office a period of 20 days for comments or objections in 
response to the application or notification.
    (c) If an objection to any planned service operation is received 
during the 20-day period from the Interference Office, the FCC will take 
whatever action is deemed appropriate.

[63 FR 41203, Aug. 3, 1998]



                     Subpart C--Technical Standards



Sec. 24.50  Scope.

    This subpart sets forth the technical requirements for use of the 
spectrum and equipment in the personal communications services.



Sec. 24.51  Equipment authorization.

    (a) Each transmitter utilized for operation under this part and each 
transmitter marketed, as set forth in Sec. 2.803 of this chapter, must 
be of a type that has been authorized by the Commission under its 
certification procedure for use under this part.
    (b) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (c) Applicants for certification of transmitters that operate in 
these services must determine that the equipment complies with IEEE 
C95.1-1991, ``IEEE Standards for Safety Levels with Respect to Human 
Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz'' 
as measured using methods specified in IEEE C95.3-1991, ``Recommended 
Practice for the Measurement of Potentially Hazardous Electromagnetic 
Fields--RF and Microwave.'' The applicant for certification is required 
to submit a statement affirming that the equipment complies with these 
standards as measured by an approved method and to maintain a record 
showing the basis for the statement of compliance with IEEE C.95.1-1991.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
as amended at 63 FR 36604, July 7, 1998]

    Effective Date Note: At 63 FR 36604, July 7, 1998, Sec. 24.51 was 
amended by removing paragraph (b) and redesignating paragraphs (c) and 
(d) as (b) and (c); by removing from paragraphs (a) and newly 
redesignated (c) the term ``type acceptance'' and replacing it with 
``certification''; and by removing the last sentence from newly 
redesignated paragraph (b), effective Oct. 5, 1998. For the convenience 
of the user, the superseded text is set forth as follows:

Sec. 24.51  Equipment authorization.

                                * * * * *

    (b) The Commission periodically publishes a list of type accepted 
equipment, entitled ``Radio Equipment List, Equipment Accepted for 
Licensing.'' Copies of this list are available for public reference at 
the Commission's offices in Washington, DC, at each of its field 
offices, and may be ordered from its copy contractor.
    (c)*  *  *  Such equipment if approved or accepted will not normally 
be included in the Commission's Radio Equipment List but will be 
individually enumerated on the station authorization.

                                * * * * *



Sec. 24.52  RF hazards.

    Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. 1.1307(b), Sec. 2.1091 
and Sec. 2.1093 of this chapter, as appropriate. Applications for 
equipment authorization of mobile

[[Page 242]]

or portable devices operating under this section must contain a 
statement confirming compliance with these requirements for both 
fundamental emissions and unwanted emissions. Technical information 
showing the basis for this statement must be submitted to the Commission 
upon request.

[61 FR 41018, Aug. 7, 1996]



Sec. 24.53  Calculation of height above average terrain (HAAT).

    (a) HAAT is determined by subtracting average terrain elevation from 
antenna height above mean sea level.
    (b) Average terrain elevation shall be calculated using elevation 
data from a 30 arc second or better Digital Elevation Models (DEMs). DEM 
data is available from United States Geological Survey (USGS). The data 
file shall be identified. If 30 arc second data is used, the elevation 
data must be processed for intermediate points using interpolation 
techniques; otherwise, the nearest point may be used. If DEM data is not 
available, elevation data from the Defense Mapping Agency's Digital 
Chart of the World (DCW) may be used.
    (c) Radial average terrain elevation is calculated as the average of 
the elevation along a straight line path from 3 to 16 kilometers 
extending radially from the antenna site. At least 50 evenly spaced data 
points for each radial shall be used in the computation.
    (d) Average terrain elevation is the average of the eight radial 
average terrain elevations (for the eight cardinal radials).
    (e) The position location of the antenna site shall be determined to 
an accuracy of no less than 5 meters in both the horizontal 
(latitude and longitude) and vertical (ground elevation) dimensions with 
respect to the National Geodetic Reference System.

[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994]



Sec. 24.55  Antenna structures; air navigation safety.

    Licensees that own their antenna structures must not allow these 
antenna structures to become a hazard to air navigation. In general, 
antenna structure owners are responsible for registering antenna 
structures with the FCC if required by part 17 of this chapter, and for 
installing and maintaining any required marking and lighting. However, 
in the event of default of this responsibility by an antenna structure 
owner, each FCC permittee or licensee authorized to use an affected 
antenna structure will be held responsible by the FCC for ensuring that 
the antenna structure continues to meet the requirements of part 17 of 
this chapter. See Sec. 17.6 of this chapter.
    (a) Marking and lighting. Antenna structures must be marked, lighted 
and maintained in accordance with part 17 of this chapter and all 
applicable rules and requirements of the Federal Aviation 
Administration.
    (b) Maintenance contracts. Antenna structure owners (or licensees 
and permittees, in the event of default by an antenna structure owner) 
may enter into contracts with other entities to monitor and carry out 
necessary maintenance of antenna structures. Antenna structure owners 
(or licensees and permittees, in the event of default by an antenna 
structure owner) that make such contractual arrangements continue to be 
responsible for the maintenance of antenna structures in regard to air 
navigation safety.

[61 FR 4366, Feb. 6, 1996]



                        Subpart D--Narrowband PCS



Sec. 24.100  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of personal communications services authorized in the 901-
902, 930-931, and 940-941 MHz bands (900 MHz band).



Sec. 24.101  Multiple ownership restrictions.

    (a) Narrowband PCS licensees shall not have an ownership interest in 
more than three of the 26 channels listed in Sec. 24.129 in any 
geographic area. For purposes of this restriction, a narrowband PCS 
licensee is:
    (1) Any institutional investor, as defined in Sec. 24.720(h), with 
an ownership interest of ten or more percent in a narrowband PCS 
license; and
    (2) Any other person or entity with an ownership interest of five or 
more percent in a narrowband PCS license.

[[Page 243]]

    (b) In cases where a party applies for a license after August 16, 
1994 or has a license transferred to it after that date, and the party 
has indirect ownership, through an interest in an interving entity (or 
entities) that has ownership in the narrowband license, that indirect 
ownership shall be attributable if the percentages of ownership at each 
level, multiplied together, equal five or more percent ownership of the 
narrowband PCS license, except that if the ownership percentage for an 
interest in any link in the chain exceeds 50 percent or represents 
actual control, it shall be treated as if it were a 100 percent 
interest.

    Example: Party X has a non-controlling ownership interest of 25 
percent in Company Y, which in turn has a non-controlling ownership 
interest of 10 percent in Company Z, the narrowband PCS licensee. Party 
X's effective ownership interest in Company Z is Party X's ownership 
interest in Company Y (25 percent) times Company Y's ownership interest 
in Company Z (10 percent). Therefore, Party X's effective ownership 
interest in Company Z is 2.5 percent, and is not attributable.

    (c) Notwithstanding paragraph (b) of this section, the following 
interests shall not constitute attributable ownership interests for 
purposes of paragraph (a) of this section:
    (1) A limited partnership interest held by an institutional investor 
(as defined Sec. 24.720(h)) where the limited partner is not materially 
involved, directly or indirectly, in the management or operation of the 
PCS holdings of the partnership, and the licensee so certifies. The 
criteria which would assure adequate insulation for the purposes of this 
certification require:
    (i) Prohibiting limited partners from acting as employees of the 
limited partnership if responsibilities relate to the carrier activities 
of the licensee;
    (ii) Barring the limited partners from serving as independent 
contractors;
    (iii) Restricting communication among limited partners and the 
general partner regarding day-to-day activities of the licensee;
    (iv) Empowering the general partner to veto admissions of new 
general partners;
    (v) Restricting the circumstances in which the limited partners can 
remove the general partner;
    (vi) Prohibiting the limited partners from providing services to the 
partnership relating to the PCS holdings of the licensee; and
    (vii) Stating that the limited partners may not become involved in 
the management or operation of the licensee. See 47 CFR 73.3555 Note 
2(g)(2); Memorandum of Opinion and Order in MM Docket 83-46, FCC 85-252 
(released June 24, 1985), as modified on reconsideration in the 
Memorandum of Opinion and Order in MM Docket No. 83-46, FCC 86-410 
(released November 28, 1986).
    (2) Institutional investors who held limited partnership interests 
prior to March 2, 1995 shall be granted one year from that date to amend 
their limited partnership agreements to comply with the insulation rules 
and so certify to the Commission. During this transition period, the 
licensee in which an institutional investor holds an interest shall also 
certify to the Commission that the institutional investor limited 
partner(s) are not materially involved, directly or indirectly, in the 
management or operation of the licensee.

[60 FR 13917, Mar. 15, 1995; 60 FR 26375, May 17. 1995]



Sec. 24.102  Service areas.

    Narrowband PCS service areas are nationwide, regional, Major Trading 
Areas (MTAs) and Basic Trading Areas (BTAs) as defined below. MTAs and 
BTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing 
Guide, 123rd Edition, at pages 38-39 (``BTA/MTA Map''). Rand McNally 
organizes the 50 States and the District of Columbia into 47 MTAs and 
487 BTAs. The BTA/MTA Map is available for public inspection at the 
Office of Engineering and Technology's Technical Information Center, 
Room 7317, 2025 M Street, NW., Washington, DC.
    (a) The nationwide service area consists of the fifty states, the 
District of Columbia, American Samoa, Guam, Northern Mariana Islands, 
Puerto Rico, and United States Virgin Islands.
    (b) The regional service areas are defined as follows:
    (1) Region 1 (Northeast): The Northeast Region consists of the 
following MTAs: Boston-Providence, Buffalo-Rochester, New York, 
Philadelphia, and Pittsburgh.

[[Page 244]]

    (2) Region 2 (South): The South Region consists of the following 
MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, 
Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort 
Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and 
Washington-Baltimore; and, Puerto Rico and United States Virgin Islands.
    (3) Region 3 (Midwest): The Midwest Region consists of the following 
MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad 
Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and 
Omaha.
    (4) Region 4 (Central): The Central Region consists of the following 
MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, 
Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton 
Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita.
    (5) Region 5 (West): The West Region consists of the following MTAs: 
Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San 
Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-
Billings; and, American Samoa, Guam, and the Northern Mariana Islands.
    (c) The MTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following exceptions and additions:
    (1) Alaska is separated from the Seattle MTA and is licensed 
separately.
    (2) Guam and the Northern Mariana Islands are licensed as a single 
MTA-like area.
    (3) Puerto Rico and the United States Virgin Islands are licensed as 
a single MTA-like area.
    (4) American Samoa is licensed as a single MTA-like area.
    (d) The BTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following additions licensed separately as BTA-like areas: American 
Samoa; Guam; Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto 
Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The 
Mayaguez/Aguadilla-Ponce BTA-like service area consists of the following 
municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, 
Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana 
Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, 
Penuelas, Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, San 
German, Santa Isabel, Villalba, and Yauco. The San Juan BTA-like service 
area consists of all other municipios in Puerto Rico.

[59 FR 14118, Mar. 25, 1994, as amended at 59 FR 46199, Sept. 7, 1994]



Sec. 24.103  Construction requirements.

    (a) Nationwide narrowband PCS licensees shall construct base 
stations that provide coverage to a composite area of 750,000 square 
kilometers or serve 37.5 percent of the U.S. population within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 1,500,000 square kilometers 
or serve 75 percent of the U.S. population within ten years of initial 
license grant date.
    (b) Regional narrowband PCS licensees shall construct base stations 
that provide coverage to a composite area of 150,000 square kilometers 
or serve 37.5 percent of the population of the service area within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 300,000 square kilometers 
or serve 75 percent of the service area population within ten years of 
initial license grant date.
    (c) MTA narrowband PCS licensees shall construct base stations that 
provide coverage to a composite area of 75,000 square kilometers or 25 
percent of the geographic area, or serve 37.5 percent of the population 
of the service area within five years of initial license grant date; 
and, shall construct base stations that provide coverage to a composite 
area of 150,000 square kilometers or 50 percent of the geographic area, 
or serve 75 percent of the population of the service area within ten 
years of initial license grant date.
    (d) BTA narrowband PCS licensees shall construct at least one base 
station and begin providing service in its BTA within one year of 
initial license grant date.

[[Page 245]]

    (e) In demonstrating compliance with the above construction 
requirements, licensees must base their calculations on signal field 
strengths that ensure reliable service for the technology utilized.
    (1) For the purpose of this section, the service radius of a base 
station may be calculated using the following formula:

dkm = 2.53  x  hm0.34  x  p0.17

where dkm is the radial distance in kilometers,
hm is the antenna HAAT of the base station in meters, and
p is the e.r.p. of the base station in watts.

    (2) Alternatively, licensees may use any service radius contour 
formula developed or generally used by industry, provided that such 
formula is based on the technical characteristics of their system.
    (f) Upon meeting the five and ten year benchmarks in paragraphs (a), 
(b) and (c) of this section, licensees shall file a map and other 
supporting documentation that demonstrates compliance with the 
geographic area or population coverage requirement. BTA licensees shall 
file a statement indicating commencement of service. The filing must be 
received at the Commission on or before expiration of the relevant 
period.
    (g) If the sale of a license is approved, the new licensee is held 
to the original build-out requirement.
    (h) Failure by a licensee to meet the above construction 
requirements shall result in forfeiture of the license and ineligibility 
to regain it.

    Note: Population-based construction requirements contained in this 
section shall be based on the 1990 census.


[59 FR 14118, Mar. 25, 1994]



Sec. 24.129  Frequencies.

    The following frequencies are available for narrowband PCS. All 
licenses on channels indicated with an (*) will be eligible for bidding 
credits of 25 percent, and all licenses indicated with an (**) will be 
eligible for bidding credits of 40 percent, as set forth in 
Sec. 24.309(b) if competitive bidding is used to award such licenses.
    (a) Eleven frequencies are available for assignment on a nationwide 
basis as follows:
    (1) Five 50 kHz channels paired with 50 kHz channels:

Channel 1: 940.00-940.05 and 901.00-901.05 MHz;
Channel 2: 940.05-940.10 and 901.05-901.10 MHz;
Channel 3: 940.10-940.15 and 901.10-901.15 MHz;
Channel 4: 940.15-940.20 and 901.15-901.20 MHz; and,
Channel 5: 940.20-940.25 and 901.20-901.25 MHz:*

    (2) Three 50 kHz channels paired with 12.5 kHz channels:

Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz;
Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and,
Channel 8: 930.50-930.55 and 901.7750-901.7875 MHz;*

    (3) Three 50 kHz unpaired channels:

Channel 9: 940.75-940.80 MHz;
Channel 10: 940.80-940.85 MHz; and,
Channel 11: 940.85-940.90 MHz.*

    (b) Six frequencies are available for assignment on a regional basis 
as follows:
    (1) Two 50 kHz channels paired with 50 kHz channels:

Channel 12: 940.25-940.30 and 901.25-901.30 MHz; and,
Channel 13: 940.30-940.35 and 901.30-901.35 MHz.**

    (2) Four 50 kHz channels paired with 12.5 kHz channels:

Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz;
Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz;
Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and,
Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz.**

    (c) Seven frequencies are available for assignment on a MTA basis as 
follows:
    (1) Two 50 kHz channels paired with 50 kHz channels:

Channel 18: 940.35-940.40 and 901.35-901.40 MHz; and,
Channel 19: 940.40-940.45 and 901.40-901.45 MHz.*

    (2) Three 50 kHz channels paired with 12.5 kHz channels:

Channel 20: 930.75-930.80 and 901.8375-901.8500 MHz;

[[Page 246]]

Channel 21: 930.80-930.85 and 901.8500-901.8625 MHz; and,
Channel 22: 930.85-930.90 and 901.8625-901.8750 MHz.*

    (3) Two 50 kHz unpaired channels:

Channel 23: 940.90-940.95 MHz; and,
Channel 24: 940.95-941.00 MHz.*

    (d) Two 50 kHz channels paired with 12.5 kHz channels are available 
for assignment on a BTA basis:

Channel 25: 930.90-930.95 and 901.8750-901.8875 MHz; and,
Channel 26: 930.95-931.00 and 901.8875-901.9000 MHz.*

    Note 1: Operations in markets or portions of markets which border 
other countries, such as Canada and Mexico, will be subject to on-going 
coordination arrangements with neighboring countries.

[59 FR 44069, Aug. 26, 1994]



Sec. 24.130  Paging response channels.

    (a) The channels listed in paragraphs (b) and (c) of this section 
are available to licensees of conventional one-way paging base stations 
licensed pursuant to part 22 or part 90 of this chapter as of the 
application filing deadline for the paging response channels. 
Eligibility for response channels shall be based on the authorized 
service area of each existing paging licensee. This service area is 
defined as the area within a 32.2 kilometer radius of the licensee's 
base stations or, in the case of ``F,'' ``G,'' ``H,'' or ``K'' class 
stations under Secs. 22.502(c) and 90.495(b)(1) of this chapter, as the 
area that is within the service area radius specified in 
Sec. 22.504(b)(2) of this chapter. Existing paging licensees are 
eligible to bid for any response channel in any BTA or MTA which 
encompasses an authorized base station or which is partly or wholly 
overlapped by a licensee's service area. These channels shall be used 
only in paired communications with existing paging channels to provide 
mobile-to-base station communications. Until two years after the date of 
initial license grant, eligible paging licensees are limited to a 
maximum of two response channels within the same geographic area. 
Licenses for paging response channels are not counted toward the 
multiple ownership restrictions of Sec. 24.101.

                       Unpaired Frequencies (MHz)
------------------------------------------------------------------------
                                                    License area
------------------------------------------------------------------------
Mobile transmit \1\ (12.5 kHz bandwidth):
  901.90625, 901.94375, 901.98125,
  901.91875, 901.95625, 901.99375,
  901.93125, 901.96875....................  BTA
Base or mobile transmit (50 kHz
 bandwidth):
  940.775, 940.825, 940.875...............  Nationwide
  940.925, 940.975........................  MTA
------------------------------------------------------------------------
\1\ Limited to paging licensees authorized under parts 22 and 90 of this
  chapter.

    (b) The following four 12.5 kHz unpaired channels are available for 
assignment on a MTA basis:

A: 901.9000-901.9125 MHz;
B: 901.9125-901.9250 MHz;
C: 901.9250-901.9375 MHz; and
D: 901.9375-901.9500 MHz.

    (c) The following four 12.5 kHz unpaired channels are available for 
assignment on a BTA basis:

E: 901.9500-901.9625 MHz;
F: 901.9625-901.9750 MHz;
G: 901.9750-901.9875 MHz; and
H: 901.9875-902.0000 MHz.

[59 FR 14119, Mar. 25, 1994; 59 FR 15269, Mar. 31, 1994, as amended at 
59 FR 44069, Aug. 26, 1994; 59 FR 46200, Sept. 7, 1994]



Sec. 24.131  Authorized bandwidth.

    The authorized bandwidth of narrowband PCS channels will be 10 kHz 
for 12.5 kHz channels and 45 kHz for 50 kHz channels. For aggregated 
adjacent channels, a maximum authorized bandwidth of 5 kHz less than the 
total aggregated channel width is permitted.



Sec. 24.132  Power and antenna height limits.

    (a) Stations transmitting in the 901-902 MHz band are limited to 7 
watts e.r.p.
    (b) Mobile stations transmitting in the 930-931 MHz and 940-941 MHz 
bands are limited to 7 watts e.r.p.
    (c) Base stations transmitting in the 930-931 MHz and 940-941 MHz 
bands are limited to 3500 watts e.r.p. per authorized channel and are 
unlimited in antenna height except as provided in paragraph (d) of this 
section.
    (d)(1) MTA and regional base stations located between 200 kilometers 
(124 miles) and 80 kilometers (50 miles) from their licensed service 
area border

[[Page 247]]

are limited to the power levels in the following table:

------------------------------------------------------------------------
Antenna HAAT in meters (feet) (see Sec.
     24.53 for HAAT HAAT calculation         Effective radiated power
                method)                          (e.r.p.) (watts)
------------------------------------------------------------------------
183 (600) and below....................  3500
183 (600) to 208 (682).................  3500 to 2584
208 (682) to 236 (775).................  2584 to 1883
236 (775) to 268 (880).................  1883 to 1372
268 (880) to 305 (1000)................  1372 to 1000
305 (1000) to 346 (1137)...............  1000 to 729
346 (1137) to 394 (1292)...............  729 to 531
394 (1292) to 447 (1468)...............  531 to 387
447 (1468) to 508 (1668)...............  387 to 282
508 (1668) to 578 (1895)...............  282 to 206
578 (1895) to 656 (2154)...............  206 to 150
656 (2154) to 746 (2447)...............  150 to 109
746 (2447) to 848 (2781)...............  109 to 80
848 (2781) to 963 (3160)...............  80 to 58
963 (3160) to 1094 (3590)..............  58 to 42
1094 (3590) to 1244 (4080).............  42 to 31
1244 (4080) to 1413 (4636).............  31 to 22
Above 1413 (4636)......................  16
------------------------------------------------------------------------

    (2) For heights between the values listed in the table, linear 
interpolation shall be used to determine maximum e.r.p.
    (e) MTA, BTA and regional base stations located less than 80 
kilometers (50 miles) from the licensed service area border must limit 
their effective radiated power in accordance with the following formula:

PW = 0.0175  x  dkm**6.6666  x  hm**-3.1997
PW is effective radiated power in watts
dkm is distance in kilometers
hm is antenna HAAT in meters; see Sec. 24.53 for HAAT0 calculation 
          method

    (f) All power levels specified in this section are expressed in 
terms of the maximum power, averaged over a 100 millisecond interval, 
when measured with instrumentation calibrated in terms of an rms-
equivalent voltage with a resolution bandwidth equal to or greater than 
the authorized bandwidth.
    (g) Additionally, PCS stations will be subject to any power limits 
imposed by international agreements.

[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994, as amended at 62 
FR 27511, May 20, 1997]



Sec. 24.133  Emission limits.

    (a) The power of any emission shall be attenuated below the 
transmitter power (P), as measured in accordance with Sec. 99.132(f), in 
accordance with the following schedule:
    (1) For transmitters authorized a bandwidth greater than 10 kHz:
    (i) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of up to and including 40 kHz: at least 116 
Log10 ((fd+10)/6.1) decibels or 50 plus 10 
Log10 (P) decibels or 70 decibels, whichever is the lesser 
attenuation;
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 40 kHz: at least 43+10 
Log10 (P) decibels or 80 decibels, whichever is the lesser 
attenuation.
    (2) For transmitters authorized a bandwidth of 10 kHz:
    (i) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of up to and including 20 kHz: at least 116  x  
Log10 ((fd+5)/3.05) decibels or 
50+10 x Log10 (P) decibels or 70 decibels, whichever is the 
lesser attenuation;
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 20 kHz: at least 43+10 Log 
10 (P) decibels or 80 decibels, whichever is the lesser 
attenuation.
    (b) The measurements of emission power can be expressed in peak or 
average values provided they are expressed in the same parameters as the 
transmitter power.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.
    (d) The following minimum spectrum analyzer resolution bandwidth 
settings will be used: 300 Hz when showing compliance with paragraphs 
(a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing 
compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, April 19, 1994, 
as amended at 59 FR 14119, Mar. 25, 1994]



Sec. 24.134  Co-channel separation criteria.

    The minimum co-channel separation distance between base stations in 
different service areas is 113 kilometers

[[Page 248]]

(70 miles). A co-channel separation distance is not required for the 
base stations of the same licensee or when the affected parties have 
agreed to other co-channel separation distances.



Sec. 24.135  Frequency stability.

    (a) The frequency stability of the transmitter shall be maintained 
within  0.0001 percent ( 1 ppm) of the center 
frequency over a temperature variation of -30 deg. Celsius to +50 deg. 
Celsius at normal supply voltage, and over a variation in the primary 
supply voltage of 85 percent to 115 percent of the rated supply voltage 
at a temperature of 20 deg. Celsius.
    (b) For battery operated equipment, the equipment tests shall be 
performed using a new battery without any further requirement to vary 
supply voltage.
    (c) It is acceptable for a transmitter to meet this frequency 
stability requirement over a narrower temperature range provided the 
transmitter ceases to function before it exceeds these frequency 
stability limits.



                        Subpart E--Broadband PCS

    Source: 59 FR 32854, June 24, 1994, unless otherwise noted.



Sec. 24.200  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of personal communications services authorized in the 1850-
1910 and 1930-1990 MHz bands.



Sec. 24.202  Service areas.

    Broadband PCS service areas are Major Trading Areas (MTAs) and Basic 
Trading Areas (BTAs) as defined below. MTAs and BTAs are based on the 
Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at 
pages 38-39 (``BTA/MTA Map''). Rand McNally organizes the 50 states and 
the District of Columbia into 47 MTAs and 487 BTAs. The BTA/MTA Map is 
available for public inspection as the Office of Engineering and 
Technology's Technical Information Center, room 7317, 2025 M Street, 
NW., Washington, DC.
    (a) The MTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following exceptions and additions:
    (1) Alaska is separated from the Seattle MTA and is licensed 
separately.
    (2) Guam and the Northern Mariana Islands are licensed as a single 
MTA-like area.
    (3) Puerto Rico and the United States Virgin Islands are licensed as 
a single MTA-like area.
    (4) American Samoa is licensed as a single MTA-like area.
    (b) The BTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following additions licensed separately as BTA-like areas: American 
Samoa; Guam; Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto 
Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The 
Mayaguez/Aguadilla-Ponce BTA-like service area consists of the following 
municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, 
Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana 
Diaz, Lajas, Las Marias, Mayaguez, Maricao, Maunabo, Moca, Patillas, 
Penuelas, Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, San 
German, Santa Isabel, Villalba, and Yauco. The San Juan BTA-like service 
area consists of all other municipios in Puerto Rico.

[59 FR 32854, June 24, 1994; 59 FR 40835, Aug. 10, 1994]



Sec. 24.203  Construction requirements.

    (a) Licensees of 30 MHz blocks must serve with a signal level 
sufficient to provide adequate service to at least one-third of the 
population in their licensed area within five years of being licensed 
and two-thirds of the population in their licensed area within 10 years 
of being licensed. Licensees may choose to define population using the 
1990 census or the 2000 census. Failure by any licensee to meet these 
requirements will result in forfeiture or non-renewal of the license and 
the licensee will be ineligible to regain it.
    (b) Licensees of 10 MHz blocks must serve with a signal level 
sufficient to provide adequate service to at least one-quarter of the 
population in their licensed area within five years of being

[[Page 249]]

licensed, or make a showing of substantial service in their licensed 
area within five years of being licensed. Population is defined as the 
1990 population census. Licensees may elect to use the 2000 population 
census to determine the five-year construction requirement. Failure by 
any licensee to meet these requirements will result in forfeiture of the 
license and the licensee will be ineligible to regain it.
    (c) Licensees must file maps and other supporting documents showing 
compliance with the respective construction requirements within the 
appropriate five- and ten-year benchmarks of the date of their initial 
licenses.



Sec. 24.229  Frequencies.

    The frequencies available in the Broadband PCS service are listed in 
this section in accordance with the frequency allocations table of 
Sec. 2.106 of this chapter.
    (a) The following frequency blocks are available for assignment on 
an MTA basis:

Block A: 1850-1865 MHz paired with 1930-1945 MHz; and
Block B: 1870-1885 MHz paired with 1950-1965 MHz.

    (b) The following frequency blocks are available for assignment on a 
BTA basis:

Block C: 1895-1910 MHz paired with 1975-1990 MHz;
Block D: 1865-1870 MHz paired with 1945-1950 MHz;
Block E: 1885-1890 MHz paired with 1965-1970 MHz; and
Block F: 1890-1895 MHz paired with 1970-1975 MHz.


[59 FR 32854, June 24, 1994, as amended at 60 FR 13917, Mar. 15, 1995; 
60 FR 26375, May 17, 1995; 61 FR 33868, July 1, 1996; 62 FR 660, Jan. 6, 
1997]



Sec. 24.232  Power and antenna height limits.

    (a) Base stations are limited to 1640 watts peak equivalent 
isotropically radiated power (e.i.r.p.) with an antenna height up to 300 
meters HAAT. See Sec. 24.53 for HAAT calculation method. Base station 
antenna heights may exceed 300 meters with a corresponding reduction in 
power; see Table 1 of this section. In no case may the peak output power 
of a base station transmitter exceed 100 watts. The service area 
boundary limit and microwave protection criteria specified in 
Sec. 24.236 and Sec. 24.237 apply.

Table 1.--Reduced Power for Base Station Antenna Heights Over 300 Meters
------------------------------------------------------------------------
                                                                Maximum
                        HAAT in meters                          e.i.r.p.
                                                                (watts)
------------------------------------------------------------------------
300...............................................      1,640
500...............................................      1,070
1,000.............................................        490
1,500.............................................        270
2,000.............................................        160
------------------------------------------------------------------------

    (b) Mobile/portable stations are limited to 2 watts e.i.r.p. peak 
power and the equipment must employ means to limit the power to the 
minimum necessary for successful communications.
    (c) Peak transmit power must be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of an 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, sensitivity, etc., so as to obtain a true peak 
measurement for the emission in question over the full bandwidth of the 
channel.



Sec. 24.235  Frequency stability.

    The frequency stability shall be sufficient to ensure that the 
fundamental emission stays within the authorized frequency block.



Sec. 24.236  Field strength limits.

    The predicted or measured median field strength at any location on 
the border of the PCS service area shall not exceed 47 dBuV/m unless the 
parties agree to a higher field strength.



Sec. 24.237  Interference protection.

    (a) All licensees are required to coordinate their frequency usage 
with the co-channel or adjacent channel incumbent fixed microwave 
licensees in the 1850-1990 MHz band. Coordination must occur before 
initiating operations from any base station. Problems that arise during 
the coordination process

[[Page 250]]

are to be resolved by the parties to the coordination. Licensees are 
required to coordinate with all users possibly affected, as determined 
by Appendix I to this subpart E (Appendix E of the Memorandum Opinion 
and Order, GEN Docket No. 90-314, FCC 94-144; TIA Telecommunications 
Systems Bulletin 10-F, ``Interference Criteria for Microwave Systems,'' 
May 1994, (TSB10-F)); or an alternative method agreed to by the parties.
    (b) The results of the coordination process need to be reported to 
the Commission only if the parties fail to agree. Because broadband PCS 
licensees are required to protect fixed microwave licensees in the 1850-
1990 MHz band, the Commission will be involved in the coordination 
process only upon complaint of interference from a fixed microwave 
licensee. In such a case, the Commission will resolve the issues.
    (c) In all other respects, coordination procedures are to follow the 
requirements of Sec. 101.103(d) of this chapter to the extent that these 
requirements are not inconsistent with those specified in this part.
    (d) The licensee must perform an engineering analysis to assure that 
the proposed facilities will not cause interference to existing OFS 
stations within the coordination distance specified in Table 2 of a 
magnitude greater than that specified in the criteria set forth in 
paragraph (e) and (f) of this section, unless there is prior agreement 
with the affected OFS licensee. Interference calculations shall be based 
on the sum of the power received at the terminals of each microwave 
receiver from all of the applicant's current and proposed PCS 
operations.

                                                     Table 2.--Coordination Distances In Kilometers
                                                        [PCS Base Station Antenna HAAT in Meters]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  e.i.r.p. (W)                       5      10      20      50      100     150     200     250     300     500    1000    1500    2000
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.1.............................................      90      93      99     110     122     131     139     146     152     173     210     239     263
0.5.............................................      96     100     105     116     128     137     145     152     158     179     216     245     269
1...............................................      99     103     108     119     131     140     148     155     161     182     219     248     272
2...............................................     120     122     126     133     142     148     154     159     164     184     222     250     274
5...............................................     154     157     161     168     177     183     189     194     198     213     241     263     282
10..............................................     180     183     187     194     203     210     215     220     225     240     268     291     310
20..............................................     206     209     213     221     229     236     242     247     251     267     296     318     337
50..............................................     241     244     248     255     264     271     277     282     287     302     331     354     374
100.............................................     267     270     274     282     291     297     303     308     313     329     358     382     401
200.............................................     293     296     300     308     317     324     330     335     340     356     386     409  ......
500.............................................     328     331     335     343     352     359     365     370     375     391     421  ......  ......
1000............................................     354     357     361     369     378     385     391     397     402     418  ......  ......  ......
1200............................................     361     364     368     376     385     392     398     404     409  ......  ......  ......  ......
1640............................................     372     375     379     338     397     404     410     416     421  ......  ......  ......  ......
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: If actual value does not match table values, round to the closest higher value on this table. See Section 24.53 for HAAT calculation method.

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

[[Page 251]]

and other criteria as may be developed by the Electronics Industries 
Association (EIA), the Institute of Electrical and Electronics 
Engineers, Inc. (IEEE), the American National Standards Institute (ANSI) 
or any other recognized authority will be acceptable to the Commission.

[59 FR 32854, June 24, 1994, as amended at 61 FR 29691, June 21, 1996]



Sec. 24.238  Emission limits.

    (a) On any frequency outside a licensee's frequency block, the power 
of any emission shall be attenuated below the transmitter power (P) by 
at least 43 + 10 log (P) dB.
    (b) Compliance with these provisions is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 MHz or 
greater. However, in the 1 MHz bands immediately outside and adjacent to 
the frequency block a resolution bandwidth of at least one percent of 
the emission bandwidth of the fundamental emission of the transmitter 
may be employed. The emission bandwidth is defined as the width of the 
signal between two points, one below the carrier center frequency and 
one above the carrier center frequency, outside of which all emissions 
are attenuated at least 26 dB below the transmitter power.
    (c) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the licensee's frequency block 
edges, both upper and lower, as the design permits.
    (d) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power.
    (e) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.

   Policies Governing Microwave Relocation From the 1850-1990 MHz Band



Sec. 24.239  Cost-sharing requirements for broadband PCS.

    Frequencies in the 1850-1990 MHz band listed in Sec. 101.147(c) of 
this chapter have been allocated for use by PCS. In accordance with 
procedures specified in Secs. 101.69 through 101.81 of this chapter, PCS 
entities (both licensed and unlicensed) are required to relocate the 
existing Fixed Microwave Services (FMS) licensees in these bands if 
interference to the existing FMS operations would occur. All PCS 
entities who benefit from spectrum clearance by other PCS entities or a 
voluntarily relocating microwave incumbent, must contribute to such 
relocation costs. PCS entities may satisfy this requirement by entering 
into private cost-sharing agreements or agreeing to terms other than 
those specified in Sec. 24.243. However, PCS entities are required to 
reimburse other PCS entities or voluntarily relocating microwave 
incumbents that incur relocation costs and are not parties to the 
alternative agreement. In addition, parties to a private cost-sharing 
agreement may seek reimbursement through the clearinghouse (as discussed 
in Sec. 24.241) from PCS entities that are not parties to the agreement. 
The cost-sharing plan is in effect during all phases of microwave 
relocation specified in Sec. 101.69 of this chapter.

[62 FR 12757, Mar. 18, 1997]



Sec. 24.241  Administration of the Cost-Sharing Plan.

    The Wireless Telecommunications Bureau, under delegated authority, 
will select an entity to operate as a neutral, not-for-profit 
clearinghouse. This clearinghouse will administer the cost-sharing plan 
by, inter alia, maintaining all of the cost and payment records related 
to the relocation of each link and determining the cost-sharing 
obligation of subsequent PCS entities. The cost-sharing rules will not 
take effect until an administrator is selected.

[61 FR 29691, June 12, 1996]



Sec. 24.243  The cost-sharing formula.

    A PCS relocator who relocates an interfering microwave link, i.e. 
one that is in all or part of its market area and in all or part of its 
frequency band or a voluntarily relocating microwave incumbent, is 
entitled to pro rata reimbursement based on the following formula:


[[Page 252]]


[GRAPHIC] [TIFF OMITTED] TR12JN96.001

    (a) RN equals the amount of reimbursement.
    (b) C equals the actual cost of relocating the link. Actual 
relocation costs include, but are not limited to, such items as: Radio 
terminal equipment (TX and/or RX--antenna, necessary feed lines, MUX/
Modems); towers and/or modifications; back-up power equipment; 
monitoring or control equipment; engineering costs (design/path survey); 
installation; systems testing; FCC filing costs; site acquisition and 
civil works; zoning costs; training; disposal of old equipment; test 
equipment (vendor required); spare equipment; project management; prior 
coordination notification under Sec. 101.103(d) of this chapter; site 
lease renegotiation; required antenna upgrades for interference control; 
power plant upgrade (if required); electrical grounding systems; Heating 
Ventilation and Air Conditioning (HVAC) (if required); alternate 
transport equipment; and leased facilities. C also includes voluntarily 
relocating microwave incumbent's independent third party appraisal of 
its compensable relocation costs and incumbent transaction expenses that 
are directly attributable to the relocation, subject to a cap of two 
percent of the ``hard'' costs involved. C may not exceed $250,000 per 
link, with an additional $150,000 permitted if a new or modified tower 
is required.
    (c) N equals the number of PCS entities that would have interfered 
with the link. For the PCS relocator, N = 1. For the next PCS entity 
that would have interfered with the link, N = 2, and so on.
    (d) Tm equals the number of months that have elapsed between the 
month the PCS relocator obtains reimbursement rights and the month that 
the clearinghouse notifies a later-entrant of its reimbursement 
obligation. A PCS relocator obtains reimbursement rights on the date 
that it signs a relocation agreement with a microwave incumbent.

[62 FR 12757, Mar. 18, 1997]



Sec. 24.245  Reimbursement under the Cost-Sharing Plan.

    (a) Registration of reimbursement rights. (1) To obtain 
reimbursement, a PCS relocator must submit documentation of the 
relocation agreement to the clearinghouse within ten business days of 
the date a relocation agreement is signed with an incumbent.
    (2) To obtain reimbursement, a voluntarily relocating microwave 
incumbent must submit documentation of the relocation to the 
clearinghouse within ten business days of the date that relocation 
occurs.
    (b) Documentation of expenses. Once relocation occurs, the PCS 
relocator or the voluntarily relocating microwave incumbent, must submit 
documentation itemizing the amount spent for items listed in 
Sec. 24.243(b). The voluntarily relocating microwave incumbent, must 
also submit an independent third party appraisal of its compensable 
relocation costs. The appraisal should be based on the actual cost of 
replacing the incumbent's system with comparable facilities and should 
exclude the cost of any equipment upgrades or items outside the scope of 
Sec. 24.243(b). The PCS relocator or the voluntarily relocating 
microwave incumbent, must identify the particular link associated with 
appropriate expenses (i.e., costs may not be averaged over numerous 
links). If a PCS relocator pays a microwave incumbent a monetary sum to 
relocate its own facilities, the PCS relocator must estimate the costs 
associated with relocating the incumbent by itemizing the anticipated 
cost for items listed in Sec. 24.243(b). If the sum paid to the 
incumbent cannot be accounted for, the remaining amount is not eligible 
for reimbursement. A PCS relocator may submit receipts or other 
documentation to the clearinghouse for all relocation expenses incurred 
since April 5, 1995.
    (c) Full Reimbursement. A PCS relocator who relocates a microwave 
link that is either fully outside its market area or its licensed 
frequency band may seek full reimbursement through the clearinghouse of 
compensable costs, up to the reimbursement cap as

[[Page 253]]

defined in Sec. 24.243(b). Such reimbursement will not be subject to 
depreciation under the cost-sharing formula.

[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997]



Sec. 24.247  Triggering a reimbursement obligation.

    (a) Licensed PCS. The clearinghouse will apply the following test to 
determine if a PCS entity preparing to initiate operations must pay a 
PCS relocator or a voluntarily relocating microwave incumbent in 
accordance with the formula detailed in Sec. 24.243:
    (1) All or part of the relocated microwave link was initially co-
channel with the licensed PCS band(s) of the subsequent PCS entity;
    (2) A PCS relocator has paid the relocation costs of the microwave 
incumbent; and
    (3) The subsequent PCS entity is preparing to turn on a fixed base 
station at commercial power and the fixed base station is located within 
a rectangle (Proximity Threshold) described as follows:
    (i) The length of the rectangle shall be x where x is a line 
extending through both nodes of the microwave link to a distance of 48 
kilometers (30 miles) beyond each node. The width of the rectangle shall 
be y where y is a line perpendicular to x and extending for a distance 
of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is 
represented as follows:

[GRAPHIC] [TIFF OMITTED] TC01MR91.041

    (ii) If the application of the Proximity Threshold test indicates 
that a reimbursement obligation exists, the clearinghouse will calculate 
the reimbursement amount in accordance with the cost-sharing formula and 
notify the subsequent PCS entity of the total amount of its 
reimbursement obligation.
    (b) Unlicensed PCS. UTAM's reimbursement obligation is triggered 
either:
    (1) When a county is cleared of microwave links in the unlicensed 
allocation, and UTAM invokes a Zone 1 power cap as a result of third 
party relocation activities; or
    (2) A county is cleared of microwave links in the unlicensed 
allocation and UTAM reclassifies a Zone 2 county to Zone 1 status.

[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997]



Sec. 24.249  Payment issues.

    (a) Timing. On the day that a PCS entity files its prior 
coordination notice (PCN) in accordance with Sec. 101.103(d) of this 
chapter, it must file a copy of the PCN with the clearinghouse. The 
clearinghouse will determine if any reimbursement obligation exists and 
notify the PCS entity in writing of its repayment obligation, if any. 
When the PCS entity receives a written copy of such

[[Page 254]]

obligation, it must pay directly to the PCS relocator or the voluntarily 
relocating microwave incumbent the amount owed within thirty days, with 
the exception of those businesses that qualify for installment payments. 
A business that qualifies for an installment payment plan must make its 
first installment payment within thirty days of notice from the 
clearinghouse. UTAM's first payment will be due thirty days after its 
reimbursement obligation is triggered, as described in Sec. 24.247(b).
    (b) Eligibility for Installment Payments. PCS licensees that are 
allowed to pay for their licenses in installments under our designated 
entity rules will have identical payment options available to them with 
respect to payments under the cost-sharing plan. The specific terms of 
the installment payment mechanism, including the treatment of principal 
and interest, are the same as those applicable to the licensee's 
installment auction payments. If, for any reason, the entity eligible 
for installment payments is no longer eligible for such installment 
payments on its license, that entity is no longer eligible for 
installment payments under the cost-sharing plan. UTAM may make 
quarterly payments over a five-year period with an interest rate of 
prime plus 2.5 percent. UTAM may also negotiate separate repayment 
arrangements with other parties.

[61 FR 29693, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997]



Sec. 24.251  Dispute resolution under the Cost-Sharing Plan.

    Disputes arising out of the cost-sharing plan, such as disputes over 
the amount of reimbursement required, must be brought, in the first 
instance, to the clearinghouse for resolution. To the extent that 
disputes cannot be resolved by the clearinghouse, parties are encouraged 
to use expedited ADR procedures, such as binding arbitration, mediation, 
or other ADR techniques.

[61 FR 29693, June 12, 1996]



Sec. 24.253  Termination of cost-sharing obligations.

    The cost-sharing plan will sunset for all PCS entities on April 4, 
2005, which is ten years after the date that voluntary negotiations 
commenced for A and B block PCS entities. Those PCS entities that are 
paying their portion of relocation costs on an installment basis must 
continue the payments until the obligation is satisfied.

[61 FR 29693, June 12, 1996]

 Appendix I to Subpart E--A Procedure for Calculating PCS Signal Levels 
 at Microwave Receivers (Appendix E of the Memorandum Opinion and Order)

    The new Rules adopted in Part 24 stipulate that estimates of 
interference to fixed microwave operations from a PCS operation will be 
based on the sum of signals received at a microwave receiver from the 
PCS operation. This appendix describes a procedure for computing this 
PCS level.
    In general, the procedure involves four steps:
    1. Determine the geographical coordinates of all microwave receivers 
operating on co-channel and adjacent frequencies within the coordination 
distance of each base station and the characteristics of each receiver, 
i.e., adjacent channel susceptibility, antenna gain, pattern and height, 
and line and other losses.
    2. Determine an equivalent isotropically radiated power (e.i.r.p.) 
for each base station and equivalent e.i.r.p. values for the mobiles and 
portables associated with each base station. Determine the values of 
pertinent correction and weighting factors based on building heights and 
density and distribution of portables. Close-in situations, prominent 
hills, and extra tall buildings require special treatment.
    3. Based on PCS e.i.r.p. values, correction and weighting factors, 
and microwave receiving system characteristics determined above, 
calculate the total interference power at the input of each microwave 
receiver, using the Longley-Rice propagation model.
    4. Based on the interference power level computed in step 3, 
determine interference to each microwave receiver using criteria 
described in Part 24 and EIA/TIA Bulletin 10-F.
    The interference from each base station and the mobiles and 
portables associated with it is calculated as follows:

Prbi=10Log 
(ptbi)-Lbi-UCi+Gmwi-Ci
-BPi
Prmi=10Log 
          (nmi x ptmi)-Lmi-UCi
          +Gmwi-Ci
Prpsi=10Log 
          (npsi x ptpsi)-Lpsi-UCi
          +Gmwi-Ci
Prpbi=10Log 
          (npbi x ptpbi)-Lpbi-UCi
          -(BPi-BHi) 
          +Gmwi-Ci
Prpri=10Log 
          (npri x ptpri)-Lpri-(UCi
          -BHi)+Gmwi-Ci

where:
P refers to Power in dBm
p refers to power in milliwatts

[[Page 255]]

Prbi=Power at MW receiver from ith base station in dBm
ptbi=e.i.r.p. transmitted from ith base station in 
          milliwatts, which equals average power per channel x number of 
          channels x antenna gain with respect to an isotropic antenna--
          line loss
Lbi=Path loss between MW and base station site in dB
UCi=Urban correction factor in dB
Gmwi=Gain of MW antenna in pertinent direction (dBi)
Ci=Channel discrimination of MW system in dB
Prmi=Power at MW receiver from mobiles associated with ith 
          base station
ptmi=e.i.r.p. transmitted from mobiles associated with ith 
          base station
nmi=Number of mobiles associated with ith base station
Lmi=Path loss between MW and mobile transmitters in dB
Prpsi=Power at MW receiver from outdoor portables (s for 
          sidewalk)
ptpsi=e.i.r.p. transmitted from outdoor portables associated 
          with ith base station
npsi=Number of outdoor portables associated with ith base 
          station
Lpsi=Path loss between MW and outdoor portables in dB
Prpbi=Power at MW receiver from indoor portables (b for 
          building)
ptpbi=e.i.r.p. transmitted from indoor portables associated 
          with ith base station
npbi=number of indoor portables associated with ith base 
          station
Lpbi=Path loss in dB between MW and base station site (using 
          average building height divided by 2 as effective antenna 
          height)
Prpri=Power at MW receiver from rooftop portables (r for 
          rooftop)
ptpri=e.i.r.p. transmitted from rooftop portables associated 
          with ith base station
npri=Number of rooftop portables associated with ith base 
          station
Lpri=Path loss in dB between MW and base station site (using 
          average building height as effective antenna height)
BPi=Building penetration loss at street level in dB
BHi=Height gain for portables in buildings dB=2.5 x (nf-1), 
          where nf is number of floors

    Note: where Ci varies from channel-to-channel, which 
often is the case, the summation process is more complex, requiring 
summation at a channel level first.

    Finally, the total PCS interference power at a given microwave 
receiver from all the base stations in a given frequency band is found 
by summing the contributions from the individual stations. Likewise, the 
total interference power at a given microwave receiver from all mobiles 
and portables operating in a given frequency band is found by summing 
the contributions from the mobiles and portables associated with each 
cell.

[GRAPHIC] [TIFF OMITTED] TR24JN94.017


    Base Stations. Interference from each base station to each microwave 
should normally be considered independently. A group of base stations 
having more or less (within  50 percent) the same height 
above average terrain, the same e.i.r.p., basically the same path to a 
microwave receiving site, and subtending an angle to that receiving site 
of less than 5 degrees, may be treated as a group, using the total power 
of the group and the average antenna height of the group to calculate 
path loss, L.
    Mobile Stations. The e.i.r.p. from mobile transmitters is weighted 
according to the number of base station channels expected to be devoted 
to mobile operation at any given time. The antenna height of mobiles 
used in calculating path loss, L, is assumed to be 2 meters.
    Portable Stations. The e.i.r.p. from the portable units associated 
with each base station is weighted according to the estimated portion of 
portables associated with that cell expected to be operated inside 
buildings at any given time and the portion which could be expected to 
be operating from elevated locations, such as balconies or building 
rooftops. For example, in the case of service intended for business use 
in an urban area, one might expect that perhaps 85 percent of the 
portables in use at any given time would be operating from within 
buildings and perhaps

[[Page 256]]

5 percent might be operating from rooftops or balconies. The remaining 
10 percent would be outside at street level.
    Calculation of an equivalent e.i.r.p. for cells in suburban areas 
will involve different weighting criteria.
    Urban Correction Factor. The urban correction factor (UC) depends on 
the height and density of buildings surrounding a base station. For the 
core area of large cities, it is assumed to be 35 dB. For medium size 
cities and fringe areas of large cities (4- to 6-story buildings with 
scattered taller buildings and lower buildings and open spaces) it is 
assumed to be 25 dB; for small cities and towns, 15 dB, and for suburban 
residential areas (one- and two-story, single family houses with 
scattered multiple-story apartment buildings, shopping centers and open 
areas), 10 dB.
    The unadjusted urban correction factor, UC, should not be applied to 
base station antenna heights that are greater than 50 percent of the 
average building height for a cell.
    Building Height and Building Penetration Factors. The building 
height correction, BH, is a function of the average building height 
within the nominal coverage area of the base station. It is used in 
conjunction with the building penetration loss, BP, to adjust the 
expected interference contribution from that portion of the portables 
transmitting from within buildings. The adjustment is given by:

BP=20 dB in urban areas
BP=10 dB in suburban areas
BH=2.5 x (nf-1) dB

where nf is the average height (number of floors) of the buildings in 
the area.
    (Note that this formula implies a net gain when the average building 
height is greater than 8 floors). All buildings more than twice the 
average height should be considered individually. The contribution to BH 
from that portion of portables in the building above the average 
building height should be increased by a factor of 20Log(h) dB, where h 
is the height of the portables above the average building height in 
meters.
    Channel Discrimination Factor. A factor based on the interference 
selectivity of the microwave receiver.
    Propagation Model. The PCS to microwave path loss, L, is calculated 
using the Longley-Rice propagation model, Version 1.2.2., in the point-
to-point mode. The Longley-Rice [1] model was derived from NBS Technical 
Note 101 [2], and updated in 1982 by Hufford [3]. Version 1.2.2 
incorporated modifications described in a letter by Hufford [4] in 1985. 
Terrain elevations used as input to the model should be from the U.S. 
Geological Survey 3-second digitized terrain database.
    Special Situations. If a cell size is large compared to the distance 
between the cell and a microwave receiving site so that it subtends an 
angle greater than 5 degrees, the cell should be subdivided and 
calculations should be based on the expected distribution of mobiles and 
portables within each subdivision.
    If terrain elevations within a cell differ by more than a factor of 
two-to-one, the cell should be subdivided and microwave interference 
calculations should be based on the average terrain elevation for each 
subdivision.
    If a co-channel PCS base station lies within the main beam of a 
microwave antenna (5 degrees), there is no intervening 
terrain obstructions, and the power at the microwave receiver from that 
base station, assuming free space propagation, would be 3 dB or less 
below the interference threshold, interference will be assumed to exist 
unless the PCS licensee can demonstrate otherwise by specific path loss 
calculations based on terrain and building losses.
    If any part of a cell or cell subdivision lies within the main beam 
of a co-channel microwave antenna, there is no intervening terrain 
obstructions, and the accumulative power of 5 percent or less of the 
mobiles, assuming free space propagation would be 3 dB or less below the 
interference threshold, interference will be assumed to exist unless the 
PCS licensee can demonstrate otherwise by specific path loss 
calculations based on terrain and building losses.
    If a building within a cell or cell subdivision lies within the main 
beam of a co-channel microwave antenna, there is no intervening terrain 
obstructions, and the cumulative power of 5 percent or fewer of the 
portables, assuming free space propagation, would be 3 dB or less below 
the interference threshold, interference will be assumed to exist unless 
the PCS licensee can demonstrate otherwise by specific path loss 
calculations based on terrain and building losses.

                               References:

    1. Longley, A.G. and Rice, P.L., ``Prediction of Tropospheric Radio 
Transmission Loss Over Irregular Terrain, A Computer Method-1968'', ESSA 
Technical Report ERL 79-ITS 67, Institute for Telecommunications 
Sciences, July 1968.
    2. Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., 
``Transmission Loss Predictions for Tropospheric Communications 
Circuits,'' NBS Technical Note 101 (Revised), Volumes I and II, U.S. 
Department of Commerce, 1967.
    3. Hufford, G.A., Longley, A.G. and Kissick, W.A., ``A Guide to the 
use of the ITS Irregular Terrain Model in the Area Prediction Mode'', 
NTIA Report 82-100, U.S. Department of Commerce, April 1982. Also, 
Circular letter, dated January 30, 1985, from G.A. Hufford, identifying 
modifications to the computer program.
    4. Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain 
Model, Institute

[[Page 257]]

for Telecommunications Sciences, U.S. Department of Commerce, January 
30, 1985.



      Subpart F--Competitive Bidding Procedures for Narrowband PCS

    Source: 59 FR 26747, May 24, 1994, unless otherwise noted.



Sec. 24.301  Narrowband PCS subject to competitive bidding.

    Mutually exclusive initial applications to provide narrowband PCS 
service are subject to competitive bidding procedures. The general 
competitive bidding procedures found in 47 CFR part 1, subpart Q, will 
apply unless otherwise provided in this part.



Sec. 24.302  Competitive bidding design for narrowband PSC licensing.

    (a) The Commission will employ the following competitive bidding 
designs when choosing from among mutually exclusive initial applications 
to provide narrowband PCS service:
    (1) Single round sealed bid auctions (either sequential or 
simultaneous);
    (2) Sequential oral auctions;
    (3) Simultaneous multiple round auctions.
    (b) The Commission may design and test alternative procedures. The 
Commission will announce by Public Notice before each auction the 
competitive bidding design to be employed in a particular auction.
    (c) The Commission may use combinatorial bidding, which would allow 
bidders to submit all or nothing bids on combinations of licenses, in 
addition to bids on individual licenses. The Commission may require that 
to be declared the high bid, a combinatorial bid must exceed the sum of 
the individual bids by a specified amount. Combinatorial bidding may be 
used with any type of auction design.
    (d) The Commission may use single combined auctions, which combine 
bidding for two or more substitutable licenses and award licenses to the 
highest bidders until the available licenses are exhausted. This 
technique may be used in conjunction with any type of auction.



Sec. 24.303  Competitive bidding mechanisms.

    (a) Sequencing. The Commission will establish and may vary the 
sequence in which narrowband PCS licenses will be auctioned.
    (b) Grouping. In the event the Commission uses either a simultaneous 
multiple round competitive bidding design or combinatorial bidding, the 
Commission will determine which licenses will be auctioned 
simultaneously or in combination.
    (c) Reservation Price. The Commission may establish a reservation 
price, either disclosed or undisclosed, below which a license subject to 
auction will not be awarded.
    (d) Minimum Bid Increments. The Commission may, by announcement 
before or during an auction, require minimum bid increments in dollar or 
percentage terms. The Commission may also establish by Public Notice a 
suggested opening bid or a minimum opening bid on each license.
    (e) Stopping Rules. the Commission may establish stopping rules 
before or during multiple round auctions in order to terminate an 
auction within a reasonable time.
    (f) Activity Rules. The Commission may establish activity rules 
which require a minimum amount of bidding activity. In the event that 
the Commission establishes an activity rule in connection with a 
simultaneous multiple round auction, each bidder will be entitled to 
request and will be automatically granted one activity rule waiver 
during each stage of an auction, or one automatic waiver during a 
specified number of bidding rounds. The Commission may change by Public 
Notice the number and frequency of such automatic activity rule waivers 
for a specific auction.
    (g) Bidder Identification During Auctions. The Commission may 
choose, on an auction-by-auction basis, to release the identity of the 
bidders associated with bidder identification numbers. The Commission 
will announce by Public Notice before each auction whether bidder 
identities will be revealed.

[59 FR 44069, Aug. 26, 1994]

[[Page 258]]



Sec. 24.304  Withdrawal, default and disqualification penalties.

    (a) When the Commission conducts a simultaneous multiple round 
auction pursuant to Sec. 24.302(a)(3), the Commission will impose 
penalties on bidders who withdraw high bids during the course of an 
auction, or who default on payments due after an auction closes or who 
are disqualified.
    (1) Bid withdrawal prior to close of auction. A bidder who withdraws 
a high bid during the course of an auction will be subject to a penalty 
equal to the difference between the amount bid and the amount of the 
winning bid the next time the license is offered by the Commission. No 
withdrawal penalty would be assessed if the subsequent winning bid 
exceeds the withdrawn bid. This penalty amount will be deducted from any 
upfront payments or down payments that the withdrawing bidder has 
deposited with the Commission.
    (2) Default or disqualification after close of auction. See 
Sec. 1.2104(g)(2) of this chapter.
    (b) When the Commission conducts single round sealed bid auctions or 
sequential oral auctions, the Commission may modify the penalties to be 
paid in the event of bid withdrawal, default or disqualification; 
provided, however, that such penalties shall not exceed the penalties 
specified above.
    (c) In the case of single round bidding for narrowband PCS licenses:
    (1) If a bid is withdrawn before the Commission releases the initial 
public notice announcing the winning bidder(s), no bid withdrawal 
penalty will be assessed.
    (2) If a bid is withdrawn after the Commission releases the initial 
public notice announcing the winning bidder(s), the bid withdrawal 
penalty will be equal to the difference between the high bid amount and 
the amount of the next highest valid bid. A bid will be considered valid 
for this purpose if the bidder has not already been designated the 
winning bidder on more licenses than it is permitted to be awarded. 
Losing bidders will only be subject to this bid withdrawal penalty for a 
period of 30 days after the Commission releases the initial public 
notice announcing the winning bidders.
    (d) In the case of oral sequential bidding for narrowband PCS 
licenses:
    (1) If a bid is withdrawn before the Commission has declared the 
bidding to be closed for the license bid on, no bid withdrawal penalty 
will be assessed.
    (2) If a bid is withdrawn after the Commission has declared the 
bidding to be closed for the license bid on, the bid withdrawal penalty 
of Sec. 1.2104(g) and paragraphs (a) (1) and (2) of this section will 
apply.

[59 FR 26747, May 24, 1994, as amended at 63 FR 2348, Jan. 15, 1998]



Sec. 24.305  Bidding application (FCC Form 175 and 175-S Short-Form).

    All applicants for initial provision of narrowband PCS service must 
submit applications on FCC Forms 175 and 175-S pursuant to the 
procedures set forth in Sec. 1.2105 of part 1 of this chapter. The 
Commission will issue a public notice announcing the date of a 
narrowband PCS auction, the licenses which are to be auctioned, and the 
date on or before which applicants intending to participate in an 
upcoming narrowband PCS auction must file their applications in order to 
be eligible for that auction. The public notice will also contain 
information necessary for completion of the application as well as other 
important information such as the materials which must accompany the 
Forms, any filing fee that must accompany the application or any upfront 
payment that will need to be submitted, and the location where the 
application must be filed.



Sec. 24.306  Submission of upfront payments and down payments.

    (a) Where the Commission uses simultaneous multiple round auctions 
or oral sequential auctions bidders will be required to submit an 
upfront payment pursuant to the procedures set forth in Sec. 1.2106 of 
this chapter.
    (b) Winning bidders in an auction must submit a down payment to the 
Commission in accordance with the procedures set forth in Sec. 1.2107 
(a) and (b) of this chapter.



Sec. 24.307  Long-Form applications.

    Winning bidders will be required to submit long form applications on 
FCC

[[Page 259]]

Form 600, as modified, within ten (10) business days after being 
notified that they are the winning bidder. Applications on FCC Form 600 
shall be submitted pursuant to the procedures set forth in subpart G of 
this part and Sec. 1.2107 (c) and (d) of this chapter and any associated 
public notices. Only auction winners will be eligible to file 
applications on FCC Form 401 for initial narrowband PCS licenses in the 
event of mutual exclusivity between applicants filing Form 175. Winning 
bidders need not complete Schedule B to Form 401.

[59 FR 26747, May 24, 1994, as amended at 59 FR 59957, Nov. 21, 1994]



Sec. 24.308  License grant, denial, default, and disqualification.

    (a) Unless eligible for installment payments and/or a bidding 
credit, each winning bidder is required to pay the balance of its 
winning bid in a lump sum payment within five (5) business days 
following the award of the license. Grant of the license will be 
conditioned upon full and timely payment of the winning bid amount.
    (b) A bidder who withdraws its bid, defaults on a payment or is 
disqualified will be subject to the penalties specified in Sec. 1.2109 
of this chapter.

[59 FR 44070, Aug. 26, 1994]



Sec. 24.309  Designated entities.

    (a) Designated entities entitled to preferences in the narrowband 
PCS service are small businesses and businesses owned by members of 
minority groups and/or women as defined in Secs. 24.320(b) and 
24.320(c).
    (b) Designated entities will be eligible for certain special 
narrowband PCS provisions as follows:
    (1) Installment payments. (i) Small businesses, including small 
businesses owned by members of minority groups and women, will be 
eligible to pay the full amount of their winning bids on any regional, 
MTA or BTA license in installments over the term of the license pursuant 
to the terms set forth in Sec. 1.2110(g) of this chapter.
    (ii) Businesses owned by members of minority groups and women that 
are winning bidders for the regional licenses indicated by an (**) in 
Sec. 24.129 may pay the full amount of their winning bids (less the 
applicable bidding credit and down payment) in installments with
    (A) Interest imposed based on the rate for ten-year U.S. Treasury 
obligations applicable on the date the license is granted, plus 2.5 
percent;
    (B) Interest-only payments for the first two years; and
    (C) Principal and interest payments amortized over the remaining 
eight years of the license.
    (2) Bidding credits. Businesses owned by member of minority groups 
and women, including small businesses owned by members of minority 
groups and women, will be eligible for a twenty-five (25) percent 
bidding credit when bidding on the following licenses:
    (i) The nationwide licenses on Channel 5, Channel 8 and Channel 11; 
and
    (ii) All MTA licenses on Channel 19, Channel 22, Channel 24; and
    (iii) All BTA licenses on Channel 26. This bidding credit will 
reduce by 25 percent the bid price that businesses owned by members of 
minority groups and women will be required to pay to obtain a license. 
Businesses owned by women and/or minorities, including small businesses 
owned by women and/or minorities will be eligible for a forty (40) 
percent bidding credit when bidding on all regional licenses on Channel 
13 and Channel 17. In Sec. 24.129, the licenses that will be eligible 
for 25 percent bidding credits are indicated by an (*); the licenses 
that will be eligible for 40 percent bidding credits are indicated by an 
(**).
    (c) Short-Form Application Certification; Long-Form Application 
Disclosure. (1) All applicants for licenses under the designated entity 
provisions set forth in this section shall certify on their short-form 
applications (Form 175) that they are eligible for those preferences 
pursuant to this section.
    (2) In addition to the requirements in subpart I, all designated 
entity applicants that are winning bidders shall, in an exhibit to their 
long-form applications--
    (i) Identify each member of the applicant's control group, 
regardless of the size of the member's total interest in

[[Page 260]]

the applicant, and each member's minority group or gender 
classification, if applicable;
    (ii) Disclose the gross revenues of the applicant and its 
affiliates, and other persons that hold interests in the applicant and 
their affiliates (including all members of the applicant's control 
group); and
    (iii) Certify that the personal net worth of the applicant (if an 
individual), each affiliate and each person that hold an interest in the 
applicant is less than $40 million.
    (d) Audits. Applicants and licensees claiming eligibility under this 
section shall be subject to random audits by the Commission.
    (e) Definitions. The terms affiliate, business owned by members of 
minority groups and women, consortium of small businesses, control 
group, gross revenues, members of minority groups, passive equity, 
personal net worth, and small business used in this section are defined 
in Sec. 24.320.
    (f) Unjust enrichment. Designated entities using installment 
payments, bidding credits or tax certificates to obtain a narrowband PCS 
license will be subject to the unjust enrichment provisions contained in 
Sec. 1.2111 of this chapter.

[59 FR 44070, Aug. 26, 1994, as amended at 59 FR 50511, Oct. 4, 1994; 63 
FR 2348, Jan. 15, 1998]



Sec. 24.320  Definitions.

    (a) Scope. The definitions in this section apply to Secs. 24.309-
24.315 of this subpart, unless otherwise specified in those sections.
    (b) Small Business; Consortium of Small Businesses.
    (1) A small business is an entity that:
    (i) Together with its affiliates has average annual gross revenues 
that are not more than $40 million for the preceding three calendar 
years;
    (ii) Has no attributable investor or affiliate that has a personal 
net worth of $40 million or more;
    (iii) Has a control group all of whose members and affiliates are 
considered in determining whether the entity meets the $40 million 
annual gross revenues and personal net worth standards; and
    (iv) Such control group holds 50.1 percent of the entity's voting 
interest, if a corporation, and at least 25 percent of the entity's 
equity on a fully diluted basis, except that a business owned by members 
of minority groups and/or women (as defined in paragraph (c) of this 
section) may also qualify as a small business if a control group that is 
100 percent composed of members of minority groups and/or women holds 
50.1 percent of the entity's voting interests, if a corporation, and 
50.1 percent of the entity's total equity on a fully diluted basis and 
no single other investor holds more than 49.9 percent of passive equity 
in the entity.
    (2) Attribution and Aggregation of Gross Revenues and Personal Net 
Worth.
    (i) Except as specified in paragraphs (b)(1) (iii) and (iv), the 
gross revenues of the applicant (or licensee) and its affiliates, and 
other persons that hold interests in the applicant (or licensee) and 
their affiliates shall be considered on a cumulative basis and 
aggregated for purposes of determining whether the applicant (or 
licensee) is a small business.
    (ii) The personal net worth of individual applicants (or licensees) 
and other persons that hold interests in the applicant (or licensee), 
and their affiliates, if less than $40 million, shall not be considered 
for purposes of determining whether the applicant (or licensee) is 
eligible to bid as a small business.
    (iii) Where an applicant (or licensee) is a consortium of small 
businesses, the gross revenues of each small business shall not be 
aggregated.
    (iv) The gross revenues and personal net worth of a person that 
holds an interest in the applicant (or licensee) shall not be considered 
so long as:
    (A) Such person holds no more than 25 percent of the applicant's (or 
licensee's) passive equity and is not a member of the applicant's or 
control group; and
    (B) The applicant has a control group that owns at least 25 percent 
of the applicant's total equity and, if a corporation, holds at least 
50.1 percent of the applicant's voting interests.
    (v) The gross revenues, total assets and personal net worth of a 
person that holds an interest in the applicant shall not be considered 
so long as:

[[Page 261]]

    (A) Such person holds no more than 49.9 percent of the applicant's 
(or licensee's) passive equity and is not a member of the applicant's 
control group; and
    (B) The applicant has a control group that consists entirely of 
members of minority groups and/or women and that owns at least 50.1 
percent of the applicant's total equity and, if a corporation, at least 
50.1 percent of the applicant's voting interests.
    (3) A small business corsortium is a conglomerate organization 
formed as a joint venture between mutually-independent business firms, 
each of which individually satisfies the definition of a small business.

    Note to paragraph (b): Ownership interests shall be calculated on a 
fully diluted basis; all agreements such as warrants, stock options and 
convertible debentures will generally be treated as if the rights 
thereunder already have been fully exercised, except that such 
agreements may not be used to appear to terminate or divest ownership 
interests before they actually do so.

    (c) Business Owned by Members of Minority Groups and/or Women. A 
business owned by members of minority groups and/or women is an entity:
    (1) That has a control group composed 100 percent of members of 
minority groups and/or women who are United States Citizens, and
    (2) Such control group owns and holds 50.1 percent of the voting 
interests, if a corporation, and
    (i) Owns and holds 50.1 percent of the total equity in the entity, 
provided that all other investors hold passive interests; or
    (ii) Holds 25 percent of the total equity in the entity, provided 
that no single other investor holds more than 25 percent passive equity 
interests in the entity. In a partnership, all general partners must be 
members of minority groups and/or women. Ownership interests shall be 
calculated on a fully diluted basis; all agreements such as warrants, 
stock options and convertible debentures will generally be treated as if 
the rights thereunder already have been fully exercised, except that 
such agreements may not be used to appear to terminate or divest 
ownership interests before they actually do so.
    (d) Gross Revenues. Gross revenues shall mean all income received by 
an entity, whether earned or passive, before any deductions are made for 
costs of doing business (e.g., cost of goods sold), as evidenced by 
audited quarterly financial statements for the relevant period.
    (e) Members of Minority Groups. Members of minority groups include 
Blacks, Hispanics, American Indians, Alaskan Natives, Asians and Pacific 
Islanders.
    (f) Members of Minority Groups. Members of minority groups includes 
individuals of African American, Hispanic-surnamed, American Eskimo, 
Aleut, American Indian and Asian American extraction.
    (g) Passive Equity. Passive equity shall mean:
    (1) For corporations, non-voting stock or stock that includes no 
more than fifteen percent of the voting equity;
    (2) For partnerships, joint ventures and other non-corporate 
entities, limited partnership interests and similar interests that do 
not afford the power to exercise control of the entity.
    (h) Control Group. A control group is an entity, or a group of 
individuals or entities, that possess de jure control and de facto 
control of an applicant or licensee, and as to which the applicant's or 
licensee's charters, articles of incorporation, bylaws, agreements and 
any other relevant documents (and amendments thereto) provide:
    (1) That the entity and/or its members own unconditionally at least 
50.1 percent of the total voting interests of a corporation;
    (2) That the entity and/or its members receive at least 50.1 percent 
of the annual distribution of any dividends paid on the voting stock of 
a corporation;
    (3) That, in the event of dissolution or liquidation of a 
corporation, the entity and/or its members are entitled to receive 100 
percent of the value of each share of stock in its possession and a 
percentage of the retained earnings of the concern that is equivalent to 
the amount of equity held in the corporation; and

[[Page 262]]

    (4) That the entity and/or its members have the right to receive 
dividends, profits and regular and liquidating distributions from the 
business in proportion to its interest in the total equity of the 
applicant or licensee.

    Note to paragraph (h): Voting control does not always assure de 
facto control, such as, for example, when the voting stock of the 
control group is widely dispersed (see, e.g., Sec. 24.720(e)(2)(iii)).

    (i) Affiliate. Determinations regarding whether an individual or 
entity will be considered an affiliate of:
    (1) An applicant or
    (2) A person holding an attributable interest in an applicant under 
paragraph (b)(2) will be made pursuant to the general affiliation rules 
set forth in Sec. 24.710(l).

[59 FR 44071, Aug. 26, 1994, as amended at 62 FR 27511, May 20, 1997]

    Editorial Note: At 62 FR 27511, May 20, 1997, Sec. 24.320(e) was 
revised to read as set forth in the text.



   Subpart G--Interim Application, Licensing and Processing Rules for 
                             Narrowband PCS

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



Sec. 24.403  Authorization required.

    No person shall use or operate any device for the transmission of 
energy or communications by radio in the services authorized by this 
part except as provided in this part.



Sec. 24.404  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under the applicable laws and the 
regulations, policies and decisions issued under the laws, including 
Secs. 24.101 and 24.12;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien ownership. A narrowband PCS authorization to provide 
Commercial Mobile Radio Service may not be granted to 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 more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof or any corporation 
organized under the laws of a foreign country.
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
or voted by aliens, their representatives, or by a foreign government or 
representative thereof, or by any corporation organized under the laws 
of a foreign country, if the Commission finds that the public interest 
will be served by the refusal or revocation of such license. A 
Narrowband PCS authorization to provide Private Mobile Radio Service may 
not be granted to or held by a foreign government or a representative 
thereof.

[59 FR 26749, May 24, 1994, as amended at 61 FR 55581, Oct. 28, 1996]



Sec. 24.405  Formal and informal applications.

    (a) Except for an authorization under any of the conditions stated 
in section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), 
the Commission may grant only upon written application received by it, 
the following authorization: Station licenses; modifications of 
licenses; renewals of licenses; transfers and assignments of station 
licenses, or any right thereunder.
    (b) Except as may be otherwise permitted by this part, a separate 
written application shall 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;

[[Page 263]]

    (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.



Sec. 24.406  Filing of Narrowband PCS applications, fees, and numbers of copies.

    (a) As prescribed by Secs. 24.305, 24.307, and 24.409, standard 
formal application forms applicable to the narrowband PCS may be 
obtained from either:
    (1) Federal Communications Commission, Washington, DC 20554; or
    (2) By calling the Commission's Forms Distribution Center, (202) 
418-3676.
    (b) Applications for the initial provision of narrowband PCS service 
must be filed on FCC Form 175 in accordance with the rules in 
Sec. 24.305 and part 1, subpart Q of this chapter. In the event of 
mutual exclusivity between applicants filing FCC Form 175, only auction 
winners will be eligible to file subsequent long form applications on 
FCC Form 600 for initial narrowband PCS licenses. Mutually exclusive 
applications filed on Form 175 are subject to competitive bidding under 
those rules. Narrowband PCS applicants filing Form 600 need not complete 
Schedule B.
    (c) All applications for Narrowband PCS radio station authorizations 
(other than applications for initial provision of narrowband PCS service 
filed on FCC Form 175) shall be submitted for filing to: Federal 
Communications Commission, Washington, DC 20554, Attention: Narrowband 
PCS Processing Section. Applications requiring fees as set forth at part 
1, subpart G of this chapter must be filed in accordance with 
Sec. 0.401(b) of this chapter.
    (d) All correspondence or amendments concerning a submitted 
application shall clearly identify the name of the applicant, applicant 
identification number or Commission file number (if known) or station 
call sign of the application involved, and may be sent directly to the 
Common Carrier Bureau, Narrowband PCS Processing Section.
    (e) Except as otherwise specified, all applications, amendments, 
correspondence, pleadings and forms (including FCC Form 175) shall be 
submitted on one original paper copy and with three microfiche copies, 
including exhibits and attachments thereto, and shall be signed as 
prescribed by Sec. 1.743 of this chapter. Unless otherwise provided by 
the FCC, filings of five pages or less are exempt from the requirement 
to submit on microfiche, as well as emergency filings like letters 
requesting special temporary authority. Those filing any amendments, 
correspondence, pleadings, and forms must simultaneously submit the 
original hard copy which must be stamped ``original''. In addition to 
the original hard copy, those filing pleadings, including pleadings 
under Sec. 1.2108 of this chapter shall also submit 2 paper copies as 
provided in Sec. 1.51 of this chapter.
    (1) Microfiche copies. Each microfiche copy must be a copy of the 
signed original. Each microfiche copy shall be a 148mm  x  105mm 
negative (clear transparent characters appearing on an opaque 
background) at 24 x  to 27 x  reduction for microfiche or microfiche 
jackets. One of the microfiche sets must be a silver halide camera 
master or a copy made on silver halide film such as Kodak Direct 
Duplicatory Film. The microfiche must be placed in paper microfiche 
envelopes and submitted in a B6 (125 mm  x  176 mm) or 5  x  7.5 inch 
envelope. All applicants must leave Row ``A'' (the first row for page 
images) of the first fiche blank for in-house identification purposes.
    (2) All applications and all amendments must have the following 
information printed on the mailing envelope, the microfiche envelope, 
and on the title area at the top of the microfiche: (i) The name of the 
applicant; (ii) The type of application (e.g. nationwide, regional, MTA, 
BTA, response channel); (iii) The month and year of the document; (iv) 
Name of the document; (v) File number, applicant identification number, 
and call sign, if assigned; and (vi) The identification number and date 
of the Public Notice announcing the auction in response to

[[Page 264]]

which the application was filed (if applicable). Each microfiche copy of 
pleadings shall include: (A) The month and year of the document; (B) 
Name of the document; (C) Name of the filing party; (D) File number, 
applicant identification number, and call sign, if assigned; (E) The 
identification number and date of the Public Notice announcing the 
auction in response to which the application was filed (if applicable). 
Abbreviations may be used if they are easily understood.

[59 FR 44072, Aug. 26, 1994, as amended at 59 FR 59957, Nov. 21, 1994]



Secs. 24.407-24.408  [Reserved]



Sec. 24.409  Standard application forms and permissive changes or minor modifications for the narrowband Personal Communications Service.

    (a) Applications for the initial provision of narrowband PCS service 
must be filed on FCC Forms 175 and 175-S.
    (b) Subsequent application by auction winners or non-mutually 
exclusive applicants for narrowband PCS radio station(s) under part 24. 
FCC Form 600 (``Application for New or Modified Common Carrier Radio 
Station Under part 22'') shall be submitted by each auction winner for 
each narrowband PCS license applied for on FCC Form 175. In the event 
that mutual exclusivity does not exist between applicants filing FCC 
Form 175, the Commission will so inform the applicant and the applicant 
will also file FCC Form 401. Blanket licenses are granted for each 
market frequency block. Applications for individual sites are not needed 
and will not be accepted. See Sec. 24.11. Narrowband PCS applicants 
filing Form 401 need not complete Schedule B.
    (c) Extensions of time and reinstatement. When a licensee cannot 
complete construction in accordance with the provisions of Sec. 24.103, 
a timely application for extension of time (FCC Form 489) must be filed.
    (d) License for mobile subscriber station--These stations are 
considered to be associated with and covered by the authorization issued 
to the carrier serving the land mobile station. No additional 
authorization is required.

[59 FR 26749, May 24, 1994, as amended at 59 FR 59957, Nov. 21, 1994]



Sec. 24.410  [Reserved]



Sec. 24.411  Miscellaneous forms.

    (a) Licensee qualifications. FCC Form 430 (``Common Carrier and 
Satellite Radio Licensee Qualifications Report'') shall be filed by 
Narrowband Personal Communications Service licensees only as required by 
Form 490 (Application for Assignment or Transfer of Control Under part 
22).
    (b) Renewal of station license. Except for renewal of special 
temporary authorizations, FCC Form 405 (``Application for Renewal of 
Station License'') must be filed in duplicate by the licensee between 
thirty (30) and sixty (60) days prior to the expiration date of the 
license sought to be renewed.



Sec. 24.412  [Reserved]



Sec. 24.413  General application requirements.

    (a) Each application (including applications filed on Forms 175 and 
600) for a radio station authorization or for consent to assignment or 
transfer of control in the narrowband PCS shall disclose fully the real 
party or parties in interest and must include the following information:
    (1) A list of its subsidiaries, if any. Subsidiary means any 
business five per cent or more whose stock, warrants, options or debt 
securities are owned by the applicant or an officer, director, 
stockholder or key management personnel of the applicant. This list must 
include a description of each subsidiary's principal business and a 
description of each subsidiary's relationship to the applicant.
    (2) A list of its affiliates, if any. Affiliates means any business 
which holds a five per cent or more interest in the applicant, or any 
business in which a five per cent or more interest is held by another 
company which holds a five per cent interest in the applicant (e.g. 
Company A owns 5% of Company B and 5% of Company C; Companies B and C 
are affiliates).

[[Page 265]]

    (3) A list of the names, addresses, citizenship and principal 
business of any person holding five per cent or more of each class of 
stock, warrants, options or debt securities together with the amount and 
percentage held, and the name, address, citizenship and principal place 
of business of any person on whose account, if other than the holder, 
such interest is held. If any of these persons are related by blood or 
marriage, include such relationship in the statement.
    (4) In the case of partnerships, the name and address of each 
partner, each partner's citizenship and the share or interest 
participation in the partnership. This information must be provided for 
all partners, regardless of their respective ownership interests in the 
partnership. A signed and dated copy of the partnership agreement must 
be included in the application. This information must be included in 
Exhibit V of the application.
    (b) Each application for a radio station authorization in the 
narrowband PCS must:
    (1) Submit the information required by the Commission's rules, 
requests, and application forms;
    (2) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter; and
    (3) Show compliance with and make all special showings that may be 
applicable.
    (c) Where documents, exhibits, or other lengthy showings already on 
file with the Commission contain information which is required by an 
application form, the application may specifically refer to such 
information, if:
    (1) The information previously filed is over one A4 (21 cm x 29.7 
cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page in length, and all 
information referenced therein is current and accurate in all 
significant respects under Sec. 1.65 of this chapter; and
    (2) The reference states specifically where the previously filed 
information can actually be found, including mention of:
    (i) The station call sign or application file number whenever the 
reference is to station files or previously filed applications;
    (ii) The title of the proceeding, the docket number, and any legal 
citations, whenever the reference is to a docketed proceeding. However, 
questions on an application form which call for specific technical data, 
or which can be answered by a ``yes'' or ``no'' or other short answer 
shall be answered as appropriate and shall not be cross-referenced to a 
previous filing.
    (d) In addition to the general application requirements of subpart F 
and Secs. 1.2105, 24.413 and 24.415 of this part, applicants shall 
submit any additional documents, exhibits, or signed written statements 
of fact:
    (1) As may be required by these rules; 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.
    (e) Except when the Commission has declared explicitly to the 
contrary, an informational requirement does not in itself imply the 
processing treatment of decisional weight to be accorded the response.
    (f) All applicants (except applicants filing FCC Form 175) are 
required to indicate at the time their application is filed whether or 
not a Commission grant of the application may have a significant 
environmental impact as defined by 47 CFR 1.1307. If answered 
affirmatively, the requisite environmental assessment as prescribed in 
Sec. 1.1311 of this chapter must be filed with the application and 
Commission environmental review must be completed prior to construction. 
See Sec. 1.1312 of this chapter. All narrowband PCS licensees are 
subject to a continuing obligation to determine whether subsequent 
construction may have a significant environmental impact prior to 
undertaking such construction and to otherwise comply with Secs. 1.1301 
through 1.1319 of this chapter. See 47 CFR 1.1312.

[59 FR 26749, May 24, 1994, as amended at 59 FR 59957, Nov. 21, 1994]

[[Page 266]]



Sec. 24.414  [Reserved]



Sec. 24.415  Technical content of applications; maintenance of list of station locations.

    (a) All applications required by this part shall contain all 
technical information required by the application forms or associated 
public notice(s). Applications other than initial applications for a 
narrowband PCS license must also comply with all technical requirements 
of the rules governing the narrowband PCS (see subparts C and D as 
appropriate). The following paragraphs describe a number of general 
technical requirements.
    (b) Each application (except applications for initial licenses filed 
on Form 175) for a radio station authorization for narrowband PCS must 
comply with the provisions of Secs. 24.129 through 24.135.
    (c)--(i) [Reserved]
    (j) The location of the transmitting antenna shall be considered to 
be the station location. Narrowband PCS licensees must maintain a 
current list of all station locations, which must describe the 
transmitting antenna site by its geographical coordinates and also by 
conventional reference to street number, landmark, or the equivalent. 
All such coordinates shall be specified in terms of degrees, minutes, 
and seconds to the nearest second of latitude and longitude.

[59 FR 26749, May 24, 1994; 59 FR 43898, Aug. 25, 1994]



Secs. 24.417-24.418  [Reserved]



Sec. 24.419  Waiver of rules.

    (a) Request for waivers. (1) Waivers of these rules may be granted 
upon application or by the Commission on its own motion. Requests for 
waivers shall contain a statement of reasons sufficient to justify a 
waiver. Waivers will not be granted except upon an affirmative showing:
    (i) That the underlying purpose of the rule will not be served, or 
would be frustrated, by the application in a particular case, and that 
grant of the waiver is otherwise in the public interest; or
    (ii) That 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.
    (2) If the information necessary to support a waiver request is 
already on file, the applicant may cross-reference to the specific 
filing where it may be found.
    (b) Denial of waiver, alternate showing required. If a waiver is not 
granted, the application will be dismissed as defective unless the 
applicant has also provided an alternative proposal which complies with 
the Commission's rules (including any required showings).



Sec. 24.420  Defective applications.

    (a) Unless the Commission shall otherwise permit, an application 
will be unacceptable for filing and will be returned to the applicant 
with a brief statement as to the omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, execution, or other 
matters of a formal character; or
    (2) The application does not comply with the Commission's rules, 
regulations, specific requirements for additional information or other 
requirements. See also 47 CFR 1.2105.
    (b) Some examples of common deficiencies which result in defective 
applications under paragraph (a) of this section are:
    (1) The application is not filled out completely and signed;
    (2)-(4) [Reserved]
    (5) The application (other than an application filed on FCC Form 
175) does not include an environmental assessment as required for an 
action that may have a significant impact upon the environment, as 
defined in Sec. 1.1307 of this chapter.
    (6) [Reserved]
    (7) The application is filed prior to the Public Notice issued under 
Sec. 24.305 announcing the application filing date for the relevant 
auction or after the cutoff date prescribed in that public notice;
    (c) [Reserved]
    (d) If an applicant is requested by the Commission to file any 
documents or

[[Page 267]]

any supplementary or explanatory information not specifically required 
in the prescribed application form, a failure to comply with such 
request within a specified time period will be deemed to render the 
application defective and will subject it to dismissal.



Sec. 24.421  Inconsistent or conflicting applications.

    While an application is pending and undecided, no subsequent 
inconsistent or conflicting application may be filed by the same 
applicant, his successor or assignee, or on behalf or for the benefit of 
the same applicant, his successor or assignee.



Sec. 24.422  Amendment of application for Narrowband Personal Communications Service filed on FCC Form 175.

    (a) The Commission will provide bidders a limited opportunity to 
cure defects in FCC Form 175 specified herein except for failure to sign 
the application and to make certifications. These are defects which may 
not be cured. See also Section 1.2105 of this chapter.
    (b) In the Narrowband PCS, applicants will be permitted to amend 
their Form 175 applications to make minor amendments to correct minor 
errors or defects such as typographical errors. Applicants will also be 
permitted to amend FCC Form 175, to make ownership changes or changes in 
the identification of parties to bidding consortia, provided such 
changes do not result in a change in control of the applicant and do not 
involve another applicant (or parties in interest to an applicant) who 
has applied for any of the same licenses as the applicant. Amendments 
which change control of the applicant will be considered major 
amendments. An FCC Form 175 which is amended by a major amendment will 
be considered to be newly filed and cannot be resubmitted after 
applicable filing deadlines. See also Sec. 1.2105 of this chapter.

[59 FR 44072, Aug. 26, 1994]



Sec. 24.423  Amendment of applications for Narrowband Personal Communications Service (other than applications filed on FCC Form 175).

    This section applies to all applications for Narrowband Personal 
Communications Service other than applications filed on FCC Form 175.
    (a) Amendments as of right. A pending application may be amended as 
a matter of right if the application has not been designated for 
hearing.
    (1) Amendments shall comply with Sec. 24.429, as applicable; and
    (2) Amendments which resolve interference conflicts or amendments 
under Sec. 24.429 may be filed at any time.
    (b) The Commission or the presiding officer may grant requests to 
amend an application designated for hearing only if a written petition 
demonstrating good cause is submitted and properly served upon the 
parties of record.
    (c) Major amendments, minor amendments. The Commission will classify 
all amendments as minor except in the cases listed below. An amendment 
shall be deemed to be a major amendment subject to Sec. 24.427 under any 
of the following circumstances:
    (1) Change in technical proposal. If the amendment results in a 
substantial change in the engineering proposal such as (but not 
necessarily limited to) a change in, or an addition of, a radio 
frequency; or
    (2) Amendment to proposed service area. If the amendment extends the 
reliable service area of the proposed facilities outside its MTA, BTA, 
or other applicable market area as defined in Sec. 24.102; or
    (3) A substantial change in ownership or control.
    (d) If a petition to deny (or other formal objection) has been 
filed, any amendment, requests for waiver, (or other written 
communications) shall be served on the petitioner, unless waiver of this 
requirement is granted pursuant to paragraph (e) of this section. See 
also 47 CFR 1.2108.
    (e) The Commission may waive the service requirements of paragraph 
(d) 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.
    (f) Any amendment to an application shall be signed and shall be 
submitted

[[Page 268]]

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.
    (g) An application will be considered to be a newly filed 
application if it is amended by a major amendment (as defined in this 
section), except in the following circumstances:
    (1)-(2) [Reserved]
    (3) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest;
    (4) [Reserved]
    (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.
    (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; or
    (ii) Obstruction of a proposed transmission path caused by the 
erection of a new building or other structure.



Sec. 24.424  [Reserved]



Sec. 24.425  Application for temporary authorizations.

    (a) In circumstances requiring immediate or temporary use of 
facilities, request may be made for 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 
Sec. 24.405 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. A request received within less than 10 days may be 
accepted upon due showing of sufficient reasons for the delay in 
submitting such request.
    (b) Special temporary authorizations may be granted without regard 
to the 30-day public notice requirements of Sec. 24.427(b) when:
    (1) The authorization is for a period not to exceed 30 days and no 
application for regular operation is contemplated to be filed;
    (2) The authorization is for a period not to exceed 60 days pending 
the filing of an application for such regular operation;
    (3) The authorization is to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as previously authorized; or
    (4) The authorization is made upon a finding that there are 
extraordinary circumstances requiring operation in the public interest 
and that delay in the institution of such service would seriously 
prejudice the public interest.
    (c) Temporary authorizations of operation not to exceed 180 days may 
be granted under the standards of section 309(f) of the Communications 
Act where extraordinary circumstances so require. Extensions of the 
temporary authorization for a period of 180 days each may also be 
granted, but the renewal applicant bears a heavy burden to show that 
extraordinary circumstances warrant such an extension.
    (d) 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 radio station 
authorizations and station licenses, or

[[Page 269]]

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.

[59 FR 26749, May 24, 1994; 59 FR 37164, July 21, 1994]



Sec. 24.426  Receipt of application; applications in the narrowband Personal Communications Services filed on FCC Form 175 and other applications in the 
          narrowband PCS Service.

    (a) All applications for the initial provision of narrowband PCS 
service must be submitted on FCC Forms 175 and 175-S. Mutually exclusive 
initial applications in the narrowband Personal Communications Services 
are subject to competitive bidding. FCC Form 600 (``Application for New 
or Modified Common Carrier Radio Station Under Part 22'') must be 
submitted by each winning bidder for each narrowband PCS license applied 
for on FCC Form 175. In the event that mutual exclusivity does not exist 
between applicants filing FCC Form 175, the applicant will also file FCC 
Form 401. The aforementioned Forms 175, 175-S, and 401 are subject to 
the provisions of 47 CFR part 1, subpart Q (``Competitive Bidding 
Proceedings'') and subpart F of this part. Blanket licenses are granted 
for each market frequency block. Applications for individual sites are 
not needed and will not be accepted. See Sec. 24.11.
    (b) Applications received for filing are given a file number. The 
assignment of a file number to an application is merely for 
administrative convenience and does not indicate the acceptance of the 
application for filing and processing. Such assignment of a file number 
will not preclude the subsequent return or dismissal of the application 
if it is found to be not in accordance with the Commission's rules.
    (c) Acceptance of an application for filing merely means that it has 
been the subject of a preliminary review as to completeness. Such 
acceptance will not preclude the subsequent return or dismissal of the 
application if it is found to be defective or not in accordance with the 
Commission's rules. (See Sec. 24.413 for additional information 
concerning filing of applications.)

[59 FR 26749, May 24, 1994, as amended at 59 FR 59957, Nov. 21, 1994]



Sec. 24.427  Public notice period.

    (a) At regular intervals, the Commission will issue a public notice 
listing:
    (1) The acceptance for filing of all applications and major 
amendments thereto;
    (2) Significant Commission actions concerning applications listed as 
acceptable for filing;
    (3) Information which the Commission in its discretion believes of 
public significance. Such notices are solely for the purpose of 
informing the public and do not create any rights in an applicant or any 
other person;
    (4) Special environmental considerations as required by part 1 of 
this chapter.
    (b) The Commission will not grant any application until expiration 
of a period of thirty (30) days following the issuance date of a public 
notice listing the application, or any major amendments thereto, as 
acceptable for filing. Provided, that the Commission will not grant an 
application filed on Form 600 filed either by a winning bidder or by an 
applicant whose Form 175 application is not mutually exclusive with 
other applicants, until the expiration of a period of forty (40) days 
following the issuance of a public notice listing the application, or 
any major amendments thereto, as acceptable for filing. See also 47 CFR 
1.2108.
    (c) As an exception to paragraphs (a)(1), (a)(2) and (b) of this 
section, the public notice provisions are not applicable to 
applications:
    (1) For authorization of a minor technical change in the facilities 
of an authorized station where such a change would not be classified as 
a major amendment (as defined by Sec. 24.423) were such a change to be 
submitted as an amendment to a pending application;
    (2) For issuance of a license subsequent to a radio station 
authorization or, pending application for a grant of such license, any 
special or temporary

[[Page 270]]

authorization to permit interim operation to facilitate completion of 
authorized construction or to provide substantially the same service as 
would be authorized by such license;
    (3) For extension of time to complete construction of authorized 
facilities, see Sec. 24.103;
    (4) For temporary authorization pursuant to Sec. 24.425(b);
    (5) [Reserved]
    (6) 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));
    (7) For consent to an involuntary assignment or transfer of control 
of a radio authorization; or
    (8) 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.

[59 FR 26749, May 24, 1994; 59 FR 37164, July 21, 1994, as amended at 59 
FR 59957, Nov. 21, 1994]



Sec. 24.428  Dismissal and return of applications.

    (a) Except as provided under Sec. 24.429, any application may be 
dismissed without prejudice as a matter of right if the applicant 
requests its dismissal prior to designation for hearing or, in the case 
of applications filed on Forms 175 and 175-S, prior to auction. An 
applicant's request for the return of his application after it has been 
accepted for filing will be considered to be a request for dismissal 
without prejudice. Applicants requesting dismissal of their applications 
are also subject to 47 CFR 1.2104. Requests for dismissal shall comply 
with the provisions of Sec. 24.429 as appropriate.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing only if:
    (1) A written petition is submitted to the Commission and is 
properlyserved upon all parties of record, and
    (2) The petition complies with the provisions of Sec. 24.429 
(whenever applicable) and demonstrates good cause.
    (c) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal shall be without prejudice if made prior to 
designation for hearing or prior to auction, but dismissal may be made 
with prejudice for unsatisfactory compliance with Sec. 24.429 or after 
designation for hearing or after the applicant is notified that it is 
the winning bidder under the auction process.



Sec. 24.429  Ownership changes and agreements to amend or to dismiss applications or pleadings.

    (a) Applicability. Subject to the provisions of 47 CFR 1.2105 
(Bidding Application and Certification Procedures; Prohibition of 
Collusion), this section applies to applicants and all other parties 
interested in pending applications who wish to resolve contested matters 
among themselves with a formal or an informal agreement or 
understanding. This section applies only when the agreement or 
understanding will result in:
    (1) A major change in the ownership of an applicant to which 
Secs. 24.423(c) and 24.423(g) apply or which would cause the applicant 
to lose its status as a designated entity under Sec. 24.309, or
    (2) The individual or mutual withdrawal, amendment or dismissal of 
any pending application, amendment, petitioner or other pleading.
    (b) If the amendment would, if granted, cause the applicant to lose 
its status as a designated entity under Sec. 24.309, the applicant must 
comply with the obligations imposed by Sec. 24.309 (Designated Entities) 
and Sec. 1.2111 (Assignment of transfer of control; unjust enrichment) 
before the amendment will be granted.
    (c) The provisions of 47 CFR 22.927 will apply in the event of the 
individual or mutual withdrawal, amendment or dismissal of any pending 
application, amendment, petitioner or other pleading.

[59 FR 26749, May 24, 1994; 59 FR 37164, July 21, 1994, as amended at 59 
FR 44072, Aug. 26, 1994]

[[Page 271]]



Sec. 24.430  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec. 1.2108 of this chapter and 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 Secs. 1.41 through 1.52 of 
this chapter except where otherwise provided in Sec. 1.2108 of this 
chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;
    (4) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of any such application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline); and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date of filing thereof with the 
Commission.
    (b) A petition to deny a major amendment to a previously filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying, 
previously filed application. This does not apply to petitioners who 
gain standing because of the major amendment.
    (c) Parties who file frivolous petitions to deny may be subject to 
sanctions including monetary forfeitures, license revocation, if they 
are FCC licensees, and may be prohibited from participating in future 
auctions.

[59 FR 44072, Aug. 26, 1994]



Sec. 24.431  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'' to mean interference which would result in 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) Mutually exclusive applications filed on Form 175 for the 
initial provision of narrowband PCS service are subject to competitive 
bidding in accordance with the procedures in subpart F of this part and 
in 47 CFR part 1, subpart Q.
    (c) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.



Sec. 24.432  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. See 
also Sec. 1.2108.
    (b) The grant shall be without a formal hearing if, upon 
consideration of the application, any pleadings or 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 a post-auction hearing or to 
comparative consideration pursuant to Sec. 24.431 with another 
application(s);
    (3) A grant of the application would not cause harmful electrical 
interference to an authorized station;

[[Page 272]]

    (4) There are no substantial and material questions of fact 
presented; and
    (5) The applicant is qualified under current FCC regulations and 
policies.
    (c) If the Commission should grant without a formal hearing an 
application for an instrument of authorization which is subject to a 
petition to deny filed in accordance with Sec. 24.430, the Commission 
will deny the petition by the issuance of a Memorandum Opinion and Order 
which will concisely report the reasons for the denial and dispose of 
all substantial issues raised by the petition.
    (d) 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 shall inform 
the applicant of the reasons therefor, and the grant shall be considered 
final unless the Commission should revise 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 which:
    (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.
    (e) 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 (see 
also Sec. 1.2108);
    (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; or
    (3) The application is entitled to comparative consideration (under 
Sec. 24.431) with another application (or applications).
    (f) The Commission may grant, deny or take other action with respect 
to an application designated for a formal hearing pursuant to paragraph 
(e) of this section or part 1 of this chapter.
    (g) [Reserved]
    (h) Reconsideration or review of any final action taken by the 
Commission will be in accordance with Subpart A of part 1 of this 
chapter.



Secs. 24.433-24.438  [Reserved]



Sec. 24.439  Transfer of control or assignment of station authorization.

    (a) Approval required. Authorizations shall be transferred or 
assigned to another party, voluntarily (for example, by contract) or 
involuntarily (for example, by death, bankruptcy, or legal disability), 
directly or indirectly or by transfer of control of any corporation 
holding such authorization, only upon application and approval by the 
Commission. A transfer of control or assignment of station authorization 
in the narrowband Personal Communications Service is also subject to 
Sec. 24.309 (Designated Entities) and Sec. 1.2111 (Assignment or 
transfer of control: unjust enrichment).
    (1) A change from less than 50% ownership to 50% or more ownership 
shall always be considered a transfer of control.
    (2) In other situations a controlling interest shall be determined 
on a case-by-case basis considering the distribution of ownership, and 
the relationships of the owners, including family relationships.
    (3) Forbearance from pro forma assignments and transfers of control. 
PCS licensees that are telecommunications carriers as defined in 47 
U.S.C. 153 are subject to streamlined procedures for pro forma, i.e., 
non-substantial, transfers and assignments. A pro forma assignee or 
transferee is not required to seek prior FCC approval for the 
transaction, but must notify the FCC no later than 30 days after the 
event causing the assignment or transfer, either by filing an FCC Form 
490 or in letter form. If a letter is submitted, it must contain a 
certification that the transfer or assignment is non-substantial

[[Page 273]]

and, together with all previous non-substantial transactions, does not 
involve a change in the licensee's ultimate control. A single letter may 
be filed for a transfer or assignment of control of more than one 
authorization if each authorization affected is identified by call sign 
in the letter. Licensees must concurrently update ownership information 
on their FCC Form 430, if necessary.
    (b) Form required--(1) Assignment.
    (i) FCC Form 490 shall be filed to assign a license or permit.
    (ii) In the case of involuntary assignment, FCC Form 490 shall be 
filed within 30 days of the event causing the assignment.
    (2) Transfer of control. (i) FCC Form 490 shall be submitted in 
order to transfer control of a corporation holding a license or permit.
    (ii) In the case of involuntary transfer of control, FCC Form 490 
shall be filed within 30 days of the event causing the transfer.
    (3) Form 430. Whenever an application must be filed under paragraph 
(a) (1) or (2) of this section, the assignee or transferee shall file 
FCC Form 430 (``Common Carrier Radio License Qualification Report'') 
unless an accurate report is on file with the Commission.
    (4) Notification of completion. The Commission shall be notified by 
letter of the date of completion of the assignment or transfer of 
control.
    (5) If the transfer of control of a license is approved, the new 
licensee is held to the original build-out requirement of Sec. 24.103.
    (c) In acting upon applications for transfer of control or 
assignment, the Commission will not consider whether the public 
interest, convenience, and necessity might be served by the transfer or 
assignment of the authorization to a person other than the proposed 
transferee or assignee.
    (d) [Reserved]

[59 FR 26749, May 24, 1994, as amended at 63 FR 10344, Mar. 3, 1998]



Secs. 24.440-24.442  [Reserved]



Sec. 24.443  Extension of time to complete construction.

    (a) If construction is not completed within the time period set 
forth in Sec. 24.103, the authorization will automatically expire. 
Before the period for construction expires an application for an 
extension of time to complete construction (FCC Form 489) may be filed. 
See paragraph (b) of this section. Within 30 days after the 
authorization expires an application for reinstatement may be filed on 
FCC Form 489.
    (b) An application for extension of time to complete construction 
may be made on FCC Form 489. Extension of time requests must be filed 
prior to the expiration of the construction period. Extensions will be 
granted only if the licensee shows that the failure to complete 
construction is due to causes beyond his control. An application for 
modification of an authorization (under construction) does not extend 
the initial construction period. If additional time to construct is 
required, an FCC Form 489 must be submitted.



Sec. 24.444  Termination of authorization.

    (a)(1) All authorizations shall terminate on the date specified on 
the authorization or on the date specified by these rules, unless a 
timely application for renewal has been filed.
    (2) If no application for renewal has been made before the 
authorization's expiration date, a late application for renewal will 
only be considered if it is filed within 30 days of the expiration date 
and shows that the failure to file a timely application was due to 
causes beyond the applicant's control. During this 30 day period 
reinstatement applications must be filed on FCC Form 489. Service to 
subscribers need not be suspended while a late filed renewal application 
is pending, but such service shall be without prejudice to Commission 
action on the renewal application and any related sanctions. See also 
Sec. 24.16 (Criteria for Comparative Renewal Proceedings).
    (b) Special Temporary Authority. A special temporary authorization 
shall automatically terminate upon failure to comply with the conditions 
in the authorization.



       Subpart H--Competitive Bidding Procedures for Broadband PCS

    Source: 59 FR 37604, July 22, 1994, unless otherwise noted.


[[Page 274]]





Sec. 24.701  Broadband PCS subject to competitive bidding.

    Mutually exclusive initial applications to provide broadband PCS 
service are subject to competitive bidding procedures. The general 
competitive bidding procedures found in 47 CFR part 1, subpart Q will 
apply unless otherwise provided in this part.



Sec. 24.702  Competitive bidding design for Broadband PCS licensing.

    (a) The Commission will employ the following competitive bidding 
designs when choosing from among mutually exclusive initial applications 
to provide broadband PCS service:
    (1) Simultaneous multiple round auctions.
    (2) Sequential auctions.
    (b) The Commission may design and test alternative procedures. The 
Commission will announce by Public Notice before each auction the 
competitive bidding design to be employed in a particular auction.
    (c) The Commission may use combinatorial bidding, which would allow 
bidders to submit all or nothing bids on combinations of licenses, in 
addition to bids on individual licenses. The Commission may require that 
to be declared the high bid, a combinatorial bid must exceed the sum of 
the individual bids by a specified amount or percentage. Combinatorial 
bidding may be used with any type of auction design.
    (d) The Commission may use single combined auctions, which combine 
bidding for two or more substitutable licenses and award licenses to the 
highest bidders until the available licenses are exhausted. This 
technique may be used in conjunction with any type of auction.



Sec. 24.703  Competitive bidding mechanisms.

    (a) Sequencing. The Commission will establish and may vary the 
sequence in which broadband PCS licenses will be auctioned.
    (b) Grouping. In the event the Commission uses either a simultaneous 
multiple round competitive bidding design or combinatorial bidding, the 
Commission will determine which licenses will be auctioned 
simultaneously or in combination.
    (c) Reservation Price. The Commission may establish a reservation 
price, either disclosed or undisclosed, below which a license subject to 
auction will not be awarded.
    (d) Minimum Bid Increments. The Commission will, by announcement 
before or during an auction, require minimum bid increments in dollar or 
percentage terms.
    (e) Stopping Rules. The Commission will establish stopping rules 
before or during multiple round auctions in order to terminate an 
auction within a reasonable time.
    (f) Activity Rules. The Commission will establish activity rules 
which require a minimum amount of bidding activity. In the event that 
the Commission establishes an activity rule in connection with a 
simultaneous multiple-round auction, bidders will be entitled to request 
and be granted waivers of such rule. The Commission will specify the 
number of waivers permitted in an auction, the frequency with which they 
may be exercised, and the method of operation of waivers by Public 
Notice prior to each auction.
    (g) Suggested Minimum Bid. The Commission may establish suggested 
minimum bids on each license. Bids below the suggested minimum bid would 
count as activity under the activity rule only if no bids at or above 
the suggested minimum bid are received.
    (h) Bidder Identification During Auctions. The Commission may 
choose, on an auction-by-auction basis, to release the identity of the 
bidders associated with bidder identification numbers. The Commission 
will announce by Public Notice before each auction whether bidder 
identities will be revealed.

[59 FR 37604, July 22, 1994, as amended at 59 FR 53371, Oct. 24, 1994]

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.703 was 
removed, effective Nov. 23, 1998.



Sec. 24.704  Withdrawal, default and disqualification penalties.

    See Sec. 1.2104 of this chapter.

[63 FR 50799, Sept. 23, 1998]

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.704 was 
revised, effective

[[Page 275]]

Nov. 23, 1998. For the convenience of the user, the superseded text is 
set forth as follows:

Sec. 24.704  Withdrawal, default and disqualification penalties.

    (a) When the Commission conducts a simultaneous multiple round 
auction pursuant to Sec. 24.702(a)(1), the Commission will impose 
penalties on bidders who withdraw high bids during the course of an 
auction, who default on payments due after an auction closes, or who are 
disqualified.
    (1) Bid withdrawal prior to close of auction. A bidder who withdraws 
a high bid during the course of an auction will be subject to a penalty 
equal to the difference between the amount bid and the amount of the 
winning bid the next time the license is offered by the Commission. No 
withdrawal penalty would be assessed if the subsequent winning bid 
exceeds the withdrawn bid. This penalty amount will be deducted from any 
upfront payments or down payments that the withdrawing bidder was 
deposited with the Commission.
    (2) Default or disqualification after close of auction. See 
Sec. 1.2104(g)(2) of this chapter.
    (3) Erroneous Bids. If at any point during an auction an erroneous 
bid is withdrawn in the same round in which it was submitted, the bid 
withdrawal payment will be the greater of
    (i) The minimum bid increment for that license and round; and
    (ii) The standard bid withdrawal payment, as defined in paragraph 
(a)(1) of this section, calculated as if the bidder had made the minimum 
accepted bid. If an erroneous bid is withdrawn in the round immediately 
following the round in which it was submitted, and the auction is in 
Stage I or Stage II, the withdrawal payment will be the greater of
    (A) Two times the minimum bid increment during the round in which 
the erroneous bid was submitted, and
    (B) The standard withdrawal payment, as defined in paragraph (a)(1) 
of this section, calculated as if the bidder had made a bid one bid 
increment above the minimum accepted bid. If an erroneous bid is 
withdrawn two or more rounds following the round in which it was 
submitted, the bidder will not be eligible for any reduction in the bid 
withdrawal payment as defined in paragraph (a)(1) of this section. 
During Stage III of an auction, if an erroneous bid is not withdrawn 
during the round in which it was submitted, the bidder will not be 
eligible for any reduction in the bid withdrawal payment as defined in 
paragraph (a)(1) of this section.
    (b) When the Commission conducts sequential oral auctions pursuant 
to Sec. 24.702(a)(2), the Commission may modify the penalties set forth 
in subsection (a) above to be paid in the event of bid withdrawal, 
default or disqualification; provided, however, that such penalties 
shall not exceed the penalties specified above.
    (1) If a bid is withdrawn before the Commission has declared the 
bidding to be closed for the license bid on, no bid withdrawal penalty 
will be assessed.
    (2) If a bid is withdrawn after the Commission has declared the 
bidding to be closed for the license bid on, the penalty specified in 
paragraph (a)(2) of this section will apply.

[59 FR 37604, July 22, 1994, as amended at 61 FR 33868, July 1, 1996; 63 
FR 2349, Jan. 15, 1998]



Sec. 24.705  Bidding application (FCC Form 175 and 175-S Short-Form).

    All applicants to participate in competitive bidding for broadband 
PCS licenses must submit applications on FCC Forms 175 and 175-S 
pursuant to the provisions of Secs. 1.2105 of the chapter and 24.813. 
The Commission will issue a Public Notice announcing the availability of 
broadband PCS licenses and, in the event that mutually exclusive 
applications are filed, the date of the auction for those licenses. This 
Public Notice also will specify the date on or before which applicants 
intending to participate in a broadband PCS auction must file their 
applications in order to be eligible for that auction, and it will 
contain information necessary for completion of the application as well 
as other important information such as the materials which must 
accompany the Forms, any filing fee that must accompany the application 
or any upfront payment that will need to be submitted, and the location 
where the application must be filed.

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.705 was 
removed, effective Nov. 23, 1998.



Sec. 24.706  Submission of upfront payments and down payments.

    (a) All auction participants are required to submit an upfront 
payment in accordance with Sec. 1.2106 of this chapter. Any C block 
applicant that has previously been in default on any Commission licenses 
or has previously been delinquent on any non-tax debt owed to any 
Federal agency must submit an upfront payment equal to 50 percent more 
than that set for each particular license.
    (b) Winning bidders in an auction must submit a down payment to the

[[Page 276]]

Commission in accordance with Sec. 1.2107(b) of this chapter and 
Secs. 24.711(a)(2) and 24.716(a)(2).
    (c) Each eligible bidder for licenses on frequency Blocks D and E 
subject to auction shall pay an upfront payment of $0.06 per MHz per pop 
for the maximum number of licenses (in terms of MHz-pops) on which it 
intends to bid pursuant to Sec. 1.2106 of this chapter and procedures 
specified by Public Notice.

[61 FR 33868, July 1, 1996, as amended at 63 FR 50799, Sept. 23, 1998]

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.706 was 
amended by revising paragraph (a), effective Nov. 23, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 24.706  Submission of upfront payments and down payments.

    (a) Where the Commission uses simultaneous multiple round auctions 
or oral sequential auctions, bidders will be required to submit an 
upfront payment in accordance with Sec. 1.2106 of this chapter, 
paragraph (c) of this section, and Secs. 24.711(a)(1) and 24.716(a)(1).

                                * * * * *



Sec. 24.707  Long-form applications.

    Each winning bidder will be required to submit a long-form 
application on FCC Form 600, as modified, within ten (10) business days 
after being notified that it is the winning bidder. Applications on FCC 
Form 600 shall be submitted pursuant to the procedures set forth in 
subpart I of this part and Sec. 1.2107 (c) and (d) of this chapter and 
any associated Public Notices. Only auction winners will be eligible to 
file applications on FCC Form 600 for initial broadband PCS licenses in 
the event of mutual exclusivity between applicants filing Form 175. 
Winning bidders need not complete Schedule B to Form 600.

[59 FR 37604, July 22, 1994, as amended at 59 FR 59957, Nov. 21, 1994; 
62 FR 660, Jan. 6, 1997]

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.707 was 
removed, effective Nov. 23, 1998.



Sec. 24.708  License grant, denial, default, and disqualification.

    (a) Except with respect to entities eligible for installment 
payments (see Sec. 24.711), each winning bidder will be required to pay 
the balance of its winning bid in a lump sum payment within five (5) 
business days following the award of the license. Grant of the license 
will be conditioned upon full and timely payment of the winning bid 
amount.
    (b) A bidder who withdraws its bid subsequent to the close of 
bidding, defaults on a payment due or is disqualified will be subject to 
the penalties specified in Sec. 1.2109 of this chapter.



Sec. 24.709  Eligibility for licenses for frequency Blocks C and F.

    (a) General Rule. (1) No application is acceptable for filing and no 
license shall be granted for frequency block C or frequency block F, 
unless the applicant, together with its affiliates and persons or 
entities that hold interests in the applicant and their affiliates, have 
gross revenues of less than $125 million in each of the last two years 
and total assets of less than $500 million at the time the applicant's 
short-form application (Form 175) is filed.
    (2) The gross revenues and total assets of the applicant (or 
licensee), and its affiliates, and (except as provided in paragraph (b) 
of this section) of persons or entities that hold interests in the 
applicant (or licensee), and their affiliates, shall be attributed to 
the applicant and considered on a cumulative basis and aggregated for 
purposes of determining whether the applicant (or licensee) is eligible 
for a license for frequency block C or frequency block F under this 
section.
    (3) Any licensee awarded a license pursuant to this section (or 
pursuant to Sec. 24.839(d)(2)) shall maintain its eligibility until at 
least five years from the date of initial license grant, except that a 
licensee's (or other attributable entity's) increased gross revenues or 
increased total assets due to nonattributable equity investments (i.e., 
from sources whose gross revenues and total assets are not considered 
under paragraph (b) of this section), debt financing, revenue from 
operations or other investments, business development or expanded 
service shall not be considered.

[[Page 277]]

    (4) In order to be eligible for participation in a C block auction, 
an applicant must certify that it is not in default on any Commission 
licenses and that it is not delinquent on any non-tax debt owed to any 
Federal agency. See Sec. 24.706 of this part.
    (5) An applicant for participation in a C block auction must state 
under penalty of perjury whether or not it has ever been in default on 
any Commission licenses or has ever been delinquent on any non-tax debt 
owed to any Federal agency. See Sec. 24.706 of this part.
    (b) Exceptions to General Rule. (1) Small Business Consortia. Where 
an applicant (or licensee) is a consortium of small businesses, the 
gross revenues and total assets of each small business shall not be 
aggregated.
    (2) Publicly-Traded Corporations. Where an applicant (or licensee) 
is a publicly traded corporation with widely dispersed voting power, the 
gross revenues and total assets of a person or entity that holds an 
interest in the applicant (or licensee), and its affiliates, shall not 
be considered.
    (3) 25 Percent Equity Exception. The gross revenues and total assets 
of a person or entity that holds an interest in the applicant (or 
licensee), and its affiliates, shall not be considered so long as:
    (i) Such person or entity, together with its affiliates, holds only 
nonattributable equity equaling no more than 25 percent of the 
applicant's (or licensee's) total equity;
    (ii) Except as provided in paragraph (b)(5) of this section, such 
person or entity is not a member of the applicant's (or licensee's) 
control group; and
    (iii) The applicant (or licensee) has a control group that complies 
with the minimum equity requirements of paragraph (b)(5) of this 
section, and, if the applicant (or licensee) is a corporation, owns at 
least 50.1 percent of the applicant's (or licensee's) voting interests, 
and, if the applicant (or licensee) is a partnership, holds all of its 
general partnership interests.
    (4) 49.9 Percent Equity Exception. The gross revenues and total 
assets of a person or entity that holds an interest in the applicant (or 
licensee), and its affiliates, shall not be considered so long as:
    (i) Such person or entity, together with its affiliates, holds only 
nonattributable equity equaling no more than 49.9 percent of the 
applicant's (or licensee's) total equity;
    (ii) Except as provided in paragraph (b)(6) of this section, such 
person or entity is not a member of the applicant's (or licensee's) 
control group; and
    (iii) The applicant (or licensee) has a control group that complies 
with the minimum equity requirements of paragraph (b)(6) of this section 
and, if the applicant (or licensee) is a corporation, owns at least 50.1 
percent of the applicant's (or licensee's) voting interests, and, if the 
applicant (or licensee) is a partnership, holds all of its general 
partnership interests.
    (5) Control Group Minimum 25 Percent Equity Requirement. In order to 
be eligible to exclude gross revenues and total assets of persons or 
entities identified in paragraph (b)(3) of this section, and applicant 
(or licensee) must comply with the following requirements:
    (i) Except for an applicant (or licensee) whose sole control group 
member is a preexisting entity, as provided in paragraph (b)(5)(ii) of 
this section, at the time the applicant's short-form application (Form 
175) is filed and until at least three years following the date of 
initial license grant, the applicant's (or licensee's) control group 
must own at least 25 percent of the applicant's (or licensee's) total 
equity as follows:
    (A) At least 15 percent of the applicant's (or licensee's) total 
equity must be held by qualifying investors, either unconditionally or 
in the form of options exercisable, at the option of the holder, at any 
time and at any exercise price equal to or less than the market value at 
the time the applicant files its short-form application (Form 175);
    (B) Such qualifying investors must hold 50.1 percent of the voting 
stock and all general partnership interests within the control group, 
and must have de facto control of the control group and of the 
applicant;
    (C) The remaining 10 percent of the applicant's (or licensee's) 
total equity may be owned, either unconditionally or in the form of 
stock options, by any of the following entities, which may not comply 
with Sec. 24.720(n)(1):
    (1) Institutional Investors;

[[Page 278]]

    (2) Noncontrolling existing investors in any preexisting entity that 
is a member of the control group;
    (3) Individuals that are members of the applicant's (or licensee's) 
management; or
    (4) Qualifying investors, as specified in Sec. 24.720(n)(4).
    (D) Following termination of the three-year period specified in 
paragraph (b)(5)(i) of this section, qualifying investors must continue 
to own at least 10 percent of the applicant's (or licensee's) total 
equity, either unconditionally or in the form of stock options subject 
to the restrictions in paragraph (b)(5)(i)(A) of this section. The 
restrictions specified in paragraph (b)(5)(i)(C)(1) through (4) of this 
section no longer apply to the remaining equity after termination of 
such three-year period.
    (ii) At the election of an applicant (or licensee) whose control 
group's sole member is a preexisting entity, the 25 percent minimum 
equity requirements set forth in paragraph (b)(5)(i) of this section 
shall apply, except that only 10 percent of the applicant's (or 
licensee's) total equity must be held by qualifying investors and that 
the remaining 15 percent of the applicant's (or licensee's) total equity 
may be held by qualifying investors or noncontrolling existing investors 
in such control group member or individuals that are members of the 
applicant's (or licensee's) management. These restrictions on the 
identity of the holder(s) of the remaining 15 percent of the licensee's 
total equity no longer apply after termination of the three-year period 
specified in paragraph (b)(5)(i) of this section.
    (6) Control Group Minimum 50.1 Percent Equity Requirement. In order 
to be eligible to exclude gross revenues and total assets of persons or 
entities identified in paragraph (b)(4) of this section, an applicant 
(or licensee) must comply with the following requirements:
    (i) Except for an applicant (or licensee) whose sole control group 
member is a preexisting entity, as provided in paragraph (b)(6)(ii) of 
this section, at the time the applicant's short-form application (Form 
175) is filed and until at least three years following the date of 
initial license grant, the applicant's (or licensee's) control group 
must own at least 50.1 percent of the applicant's (or licensee's) total 
equity as follows:
    (A) At least 30 percent of the applicant's (or licensee's)total 
equity must be held by qualifying investors, either unconditionally or 
in the form of options, exercisable at the option of the holder, at any 
time and at any exercise price equal to or less than the market value at 
the time the applicant files its short-form application (Form 175);
    (B) Such qualifying investors must hold 50.1 percent of the voting 
stock and all general partnership interests within the control group and 
must have de facto control of the control group and of the applicant;
    (C) The remaining 20.1 percent of the applicant's (or licensee's) 
total equity may be owned by qualifying investors, either 
unconditionally or in the form of stock options not subject to the 
restrictions of paragraph (b)(6)(i)(A) of this section, or by any of the 
following entities which may not comply with Sec. 24.720(n)(1):
    (1) Institutional investors, either unconditionally or in the form 
of stock options;
    (2) Noncontrolling existing investors in any preexisting entity that 
is a member of the control group, either unconditionally or in the form 
of stock options;
    (3) Individuals that are members of the applicant's (or licensee's) 
management, either unconditionally or in the form of stock options; or
    (4) Qualifying investors, as specified in 24.720(n)(4).
    (D) Following termination of the three-year period specified in 
paragraph (b)(6)(i) of this section, qualifying investors must continue 
to own at least 20 percent of the applicant's (or licensee's) total 
equity unconditionally or in the form of stock options subject to the 
restrictions in paragraph (b)(6)(i)(A) of this section. The restrictions 
specified in paragraph (b)(6)(i)(C)(1) through (4) of this section no 
longer apply to the remaining equity after termination of such three-
year period.
    (ii) At the election of an applicant (or licensee) whose control 
group's sole member is a preexisting entity, the 50.1 percent minimum 
equity requirements set forth in paragraph (b)(6)(i) of this

[[Page 279]]

section shall apply, except that only 20 percent of the applicant's (or 
licensee's) total equity must be held by qualifying investors, and that 
the remaining 30.1 percent of the applicant's (or licensee's) total 
equity may be held by qualifying investors, or noncontrolling existing 
investors in such control group member or individuals that are members 
of the applicant's (or licensee's) management. These restrictions on the 
identity of the holder(s) of the remaining 30.1 percent of the 
licensee's total equity no longer apply after termination of the three-
year period specified in paragraph (b)(6)(i) of this section.
    (7) Calculation of Certain Interests. Except as provided in 
paragraphs (b)(5) and (b)(6) of this section, ownership interests shall 
be calculated on a fully diluted basis; all agreements such as warrants, 
stock options and convertible debentures will generally be treated as if 
the rights thereunder already have been fully exercised, except that 
such agreements may not be used to appear to terminate or divest 
ownership interests before they actually do so, in order to comply with 
the nonattributable equity requirements in paragraphs (b)(3)(i) and 
(b)(4)(i) of this section.
    (8) Aggregation of Affiliate Interests. Persons or entities that 
hold interest in an applicant (or licensee) that are affiliates of each 
other or have an identify of interests identified in Sec. 24.720(1)(3) 
will be treated as though they were one person or entity and their 
ownership interests aggregated for purposes of determining an 
applicant's (or licensee's) compliance with the nonattributable equity 
requirements in paragraphs (b)(3)(i) and (b)(4)(i) of this section.

    Example 1 for paragraph (b)(8). ABC Corp. is owned by individuals, 
A, B, and C, each having an equal one-third voting interest in ABC Corp. 
A and B together, with two-thirds of the stock have the power to control 
ABC Corp. and have an identity of interest. If A & B invest in DE Corp., 
a broadband PCS applicant for block C, A and B's separate interests in 
DE Corp. must be aggregated because A and B are to be treated as one 
person.

    Example 2 for paragraph (b)(8). ABC Corp. has subsidiary BC Corp., 
of which it holds a controlling 51 percent of the stock. If ABC Corp. 
and BC Corp., both invest in DE Corp., their separate interests in DE 
Corp. must be aggregated because ABC Corp. and BC Corp. are affiliates 
of each other.

    (9) Special rule for licensees disaggregating or returning certain 
spectrum in frequency block C.
    (i) In addition to entities qualifying under this section, any 
entity that was eligible for and participated in the auction for 
frequency block C, which began on December 18, 1995, or the reauction 
for frequency block C, which began on July 3, 1996, will be eligible to 
bid in any reauction of block C spectrum that begins within two years of 
the start date of the first reauction of C block spectrum following the 
effective date of this rule.
    (ii) The following restrictions will apply for any reauction of 
frequency block C spectrum conducted after March 24, 1998:
    (A) Applicants that elected to disaggregate and surrender to the 
Commission 15 MHz of spectrum from any or all of their frequency block C 
licenses, as provided in Amendment of the Commission's Rules Regarding 
Installment Payment Financing for Personal Communications Services (PCS) 
Licensees, Second Report and Order and Further Notice of Proposed Rule 
Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by 
the Order on Reconsideration of the Second Report and Order, WT Docket 
No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply 
for such disaggregated spectrum until 2 years from the start of the 
reauction of that spectrum.
    (B) Applicants that surrendered to the Commission any of their 
frequency block C licenses, as provided in Amendment of the Commission's 
Rules Regarding Installment Payment Financing for Personal 
Communications Services (PCS) Licensees, Second Report and Order and 
Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 
16,436 (1997), as modified by the Order on Reconsideration of the Second 
Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), 
will not be eligible to apply for the licenses that they surrendered to 
the Commission until 2 years from the start of the reauction of those 
licenses if they elected to apply a credit of 70%

[[Page 280]]

of the down payment they made on those licenses toward the prepayment of 
licenses they did not surrender.
    (c) Short-Form and Long-Form Applications: Certifications and 
Disclosure. (1) Short-form Application. In addition to certifications 
and disclosures required by Part 1, subpart Q of this chapter and 
Sec. 24.813, each applicant for a license for frequency block C or 
frequency block F shall certify on its short-form application (Form 175) 
that it is eligible to bid on and obtain such license(s), and (if 
applicable) that it is eligible for designated entity status pursuant to 
this section and Sec. 24.720, and shall append the following information 
as an exhibit to its Form 175:
    (i) For an applicant that is a publicly traded corporation with 
widely disbursed voting power:
    (A) A certified statement that such applicant complies with the 
requirements of the definition of publicly traded corporation with 
widely disbursed voting power set forth in Sec. 24.720(m);
    (B) The identify of each affiliate of the applicant if not disclosed 
pursuant to Sec. 24.813; and
    (C) The applicant's gross revenues and total assets, computed in 
accordance with paragraphs (a) and (b) of this section.
    (ii) For all other applicants:
    (A) The identity of each member of the applicant's control group, 
regardless of the size of each member's total interest in the applicant, 
and the percentage and type of interest held;
    (B) The citizenship and the gender or minority group classification 
for each member of the applicant's control group if the applicant is 
claiming status as a business owned by members of minority groups and/or 
women;
    (C) The status of each control group member that is an institutional 
investor, an existing investor, and/or a member of the applicant's 
management;
    (D) The identify of each affiliate of the applicant and each 
affiliate of individuals or entities identified pursuant to paragraphs 
(c)(1)(ii)(A) and (c)(1)(ii)(C) of this section if not disclosed 
pursuant to Sec. 24.813;
    (E) A certification that the applicant's sole control group member 
is a preexisting entity, if the applicant makes the election in either 
paragraph (b)(5)(ii) or (b)(6)(ii) of this section; and
    (F) The applicant's gross revenues and total assets, computed in 
accordance with paragraphs (a) and (b) of this section.
    (iii) For each applicant claiming status as a small business 
consortium, the information specified in paragraph (c)(1)(ii) of this 
section, for each member of such consortium.
    (2) Long-form Application. In addition to the requirements in 
subpart I of this part and other applicable rules (e.g., Secs. 20.6(e) 
and 20.9(b) of this chapter), each applicant submitting a long-form 
application for a license(s) for frequency block C or frequency block F 
shall, in an exhibit to its long-form application:
    (i) Disclose separately and in the aggregate the gross revenues and 
total assets, computed in accordance with paragraphs (a) and (b) of this 
section, for each of the following: the applicant; the applicant's 
affiliates, the applicant's control group members; the applicant's 
attributable investors; and affiliates of its attributable investors;
    (ii) List and summarize all agreements or other instruments (with 
appropriate references to specific provisions in the text of such 
agreements and instruments) that support the applicant's eligibility for 
a license(s) for frequency block C or frequency block F and its 
eligibility under Secs. 24.711, 24.712, 24.714 and 24.720, including the 
establishment of de facto and de jure control; such agreements and 
instruments include articles of incorporation and bylaws, shareholder 
agreements, voting or other trust agreements, partnership agreements, 
management agreements, joint marketing agreements, franchise agreements, 
and any other relevant agreements (including letters of intent), oral or 
written; and
    (iii) List and summarize any investor protection agreements and 
identify specifically any such provisions in those agreements identified 
pursuant to paragraph (c)(2)(ii) of this section, including rights of 
first refusal, supermajority clauses, options, veto rights, and rights 
to hire and fire employees and to appoint members to boards of directors 
or management committees.

[[Page 281]]

    (3) Records Maintenance. All applicants, including those that are 
winning bidders, shall maintain at their principal place of business an 
updated file of ownership, revenue and asset information, including 
those documents referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of 
this section and any other documents necessary to establish eligibility 
under this section or under the definitions of small business and/or 
business owned by members of minority groups and/or women. Licensees 
(and their successors in interest) shall maintain such files for the 
term of the license. Applicants that do not obtain the license(s) for 
which they applied shall maintain such files until the grant of such 
license(s) is final, or one year from the date of the filing of their 
short-form application (Form 175), whichever is earlier.
    (d) Audits. (1) Applicants and licensees claiming eligibility under 
this section or Secs. 24.711 through 24.720 shall be subject to audits 
by the Commission, using in-house and contract resources. Selection for 
audit may be random, on information, or on the basis of other factors.
    (2) Consent to such audits is part of the certification included in 
the short-form application (Form 175). Such consent shall include 
consent to the audit of the applicant's or licensee's books, documents 
and other material (including accounting procedures and practices) 
regardless of form or type, sufficient to confirm that such applicant's 
or licensee's representations are, and remain, accurate. Such consent 
shall include inspection at all reasonable times of the facilities, or 
parts thereof, engaged in providing and transacting business, or keeping 
records regarding licensed broadband PCS service and shall also include 
consent to the interview of principals, employees, customers and 
suppliers of the applicant or licensee.
    (e) Definitions. The terms affiliate, business owned by members of 
minority groups and/or women, and gross revenues used in this section 
are defined in Sec. 1.2110 of this chapter. The terms consortium of 
small businesses, control group, existing investor, institutional 
investor, nonattributable equity, preexisting entity, publicly traded 
corporation with widely dispersed voting power, qualifying investor, 
small business, and total assets used in this section are defined in 
Sec. 24.720 of this chapter.

[59 FR 63232, Dec. 7, 1994; 60 FR 5335, Jan. 27, 1995, as amended at 60 
FR 37795, July 21, 1995; 61 FR 33868, July 1, 1996; 63 FR 17122, Apr. 8, 
1998; 63 FR 50799, Sept. 23, 1998]

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.709 was 
amended by adding paragraphs (a)(4) and (a)(5) and by revising 
paragraphs (b)(9)(i) and (e), effective Nov. 23, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 24.709  Eligibility for licenses for frequency Blocks C and F.

    (b) * * *
    (9) * * *(i) In addition to entities qualifying under this section, 
any entity that was eligible for and participated in the auctions for 
frequency block C, which began on December 18, 1995, and July 3, 1996, 
will be eligible to bid in a reauction of block C spectrum surrendered 
pursuant to Amendment of the Commission's Rules Regarding Installment 
Payment Financing for Personal Communications Services (PCS) Licensees, 
Second Report and Order and Further Notice of Proposed Rule Making, WT 
Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on 
Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 
98-46 (rel. Mar. 24, 1998).

                                * * * * *

    (e) Definitions. The terms affiliate, business owned by members of 
minority groups and women, consortium of small businesses, control 
group, existing investor, gross revenues, institutional investor, 
members of minority groups, nonattributable equity, preexisting entity, 
publicly traded corporation with widely dispersed voting power, 
qualifying investor, small business and total assets used in this 
section are defined in Sec. 24.720.



Sec. 24.710  Limitation on licenses won at auction for frequency Blocks C and F.

    (a) No applicant may be deemed the winning bidder of more than 98 of 
the licenses available for frequency Blocks C and F. Any applicant who 
is the high bidder for more than 98 of the licenses available for 
frequency Blocks C and F shall be required to withdraw its bid(s) for a 
sufficient number of licenses to achieve compliance with this section

[[Page 282]]

and may be subject to bid withdrawal penalties under Sec. 24.704.
    (b) For purposes of paragraph (a) of this section, licenses will be 
deemed to be won by the same bidder if an entity that controls or has 
the power to control any applicant that wins licenses at the auction, 
has the power to control any other applicant that wins licenses at the 
auction.



Sec. 24.711  Upfront payments, down payments and installment payments for licenses for frequency Block C.

    (a) Upfront Payments and Down Payments. (1) Each eligible bidder for 
licenses subject to auction on frequency Block C shall pay an upfront 
payment as set forth in a Public Notice pursuant to the procedures in 
Sec. 1.2106 of this chapter.
    (2) Each winning bidder shall make a down payment and pay the 
balance of its winning bids pursuant to Sec. 1.2107 and Sec. 1.2109 of 
this chapter.
    (b) Installment payments. Each eligible licensee of frequency Block 
C or F may pay the remaining 90 percent of the net auction price for the 
license in installment payments pursuant to Sec. 1.2110(g) of this 
chapter and under the following terms:
    (1) For an eligible licensee with gross revenues exceeding $75 
million (calculated in accordance with Sec. 24.709(a)(2) and (b)) in 
each of the two preceding years (calculated in accordance with 
Sec. 24.720(f)), interest shall be imposed based on the rate for ten-
year U.S. Treasury obligations applicable on the date the license is 
granted, plus 3.5 percent; payments shall include both principal and 
interest amortized over the term of the license.
    (2) For an eligible licensee with gross revenues not exceeding $75 
million (calculated in accordance with Sec. 24.709(a)(2) and (b)) in 
each of the two preceding years, interest shall be imposed based on the 
rate for ten-year U.S. Treasury obligations applicable on the date the 
license is granted, plus 2.5 percent; payments shall include interest 
only for the first year and payments of interest and principal amortized 
over the remaining nine years of the license term.
    (3) For an eligible licensee that qualifies as a Small business or 
as a consortium of small businesses, interest shall be imposed based on 
the rate for ten-year U.S. Treasury obligations applicable on the date 
the license is granted, plus 2.5 percent; payments shall include 
interest only for the first two years and payments of interest and 
principal amortized over the remaining eight years of the license term.
    (4) For an eligible licensee that qualifies as a business owned by 
members of minority groups and/or women, interest shall be imposed based 
on the rate for ten-year U.S. Treasury obligations applicable on the 
date the license is granted; payments shall include interest only for 
the first three years and payments of interest and principal amortized 
over the remaining seven years of the license term.
    (5) For an eligible licensee that qualifies as a small business 
owned by members of minority groups and/or women or as a consortium of 
small business owned by members of minority groups and/or women, 
interest shall be imposed based on the rate for ten-year U.S. Treasury 
obligations applicable on the date the license is granted; payments 
shall include interest only for the first six years and payments of 
interest and principal amortized over the remaining four years of the 
license term.
    (c) Unjust enrichment. See Sec. 1.2111 of this chapter.

[59 FR 63235, Dec. 7, 1994; 60 FR 5335, Jan. 27, 1995, as amended at 60 
FR 37796, July 21, 1995; 63 FR 2349, Jan. 15, 1998; 63 FR 50799, Sept. 
23, 1998]

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.711 was 
amended by revising paragraphs (a)(1) and (a)(2), effective Nov. 23, 
1998. For the convenience of the user, the superseded text is set forth 
as follows:

Sec. 24.711  Upfront payments, down payments and installment payments 
          for licenses for frequency Block C.

    (a) * * *(1) Each eligible bidder for licenses on frequency Block C 
subject to auction shall pay an upfront payment of $0.015 per MHz per 
pop for the maximum number of licenses (in terms of MHz-pops) on which 
it intends to bid pursuant to Sec. 1.2106 of this chapter and procedures 
specified by Public Notice.
    (2) Each winning bidder shall make a down payment equal to ten 
percent of its winning

[[Page 283]]

bid (less applicable bidding credits); a winning bidder shall bring its 
total amount on deposit with the Commission (including upfront payment) 
to five percent of its net winning bid within five business days after 
the auction closes, and the remainder of the down payment (five percent) 
shall be paid within five business days after the application required 
by Sec. 24.809(b) is granted.

                                * * * * *



Sec. 24.712  Bidding credits for licenses for frequency Block C.

    (a) A winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in Sec. 24.720(b)(1) or 
Sec. 24.720(b)(4) of this part may use a bidding credit of fifteen 
percent, as specified in Sec. 1.2110(e)(2)(iii) of this chapter, to 
lower the cost of its winning bid.
    (b) A winning bidder that qualifies as a very small business or a 
consortium of very small businesses as defined in Sec. 24.720(b)(2) or 
Sec. 24.720(b)(5) of this part may use a bidding credit of twenty-five 
percent as specified in Sec. 1.2110(e)(2)(ii) of this chapter, to lower 
the cost of its winning bid.
    (c) Unjust enrichment. See Sec. 1.2111 of this chapter.

[63 FR 50799, Sept. 23, 1998]

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.712 was 
revised, effective Nov. 23, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 24.712  Bidding credits for licenses for frequency Block C.

    (a) A winning bidder that qualifies as a small business or a 
consortium of small businesses may use a bidding credit of twenty-five 
percent to lower the cost of its winning bid.
    (b) Unjust enrichment. See Sec. 1.2111 of this chapter.

[59 FR 37604, July 22, 1994; 60 FR 5335, Jan. 27, 1995, as amended at 60 
FR 37796, July 21, 1995; 63 FR 2349, Jan. 15, 1998; 63 FR 12659, Mar. 
16, 1998]



Sec. 24.713  [Reserved]



Sec. 24.714   Partitioned licenses and disaggregated spectrum.

    (a) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request an authorization for partial assignment of 
a license pursuant to Sec. 24.839.
    (2) Broadband PCS licensees in spectrum blocks A, B, D, and E may 
apply to partition their licensed geographic service area or 
disaggregate their licensed spectrum at any time following the grant of 
their licenses.
    (3) Broadband PCS licensees in spectrum blocks C and F may not 
partition their licensed geographic service area or disaggregate their 
licensed spectrum for the first five years of the license term unless it 
is to an entity that meets the eligibility criteria set forth in 
Sec. 24.709 at the time the request for partial assignment of license is 
filed or to an entity that holds license(s) for frequency blocks C and F 
that met the eligibility criteria set forth in Sec. 24.709 at the time 
of receipt of such license(s). Partial assignment applications seeking 
partitioning or disaggregation of broadband PCS licenses in spectrum 
blocks C and F must include an attachment demonstrating compliance with 
this section.
    (b) Technical standards--(1) Partitioning. In the case of 
partitioning, requests for authorization for partial assignment of a 
license must include, as attachments, a description of the partitioned 
service area and a calculation of the population of the partitioned 
service area and the licensed geographic service area. The partitioned 
service area shall be defined by coordinate points at every 3 seconds 
along the partitioned service area unless an FCC recognized service area 
is utilized (i.e., Major Trading Area, Basic Trading Area, Metropolitan 
Service Area, Rural Service Area or Economic Area) or county lines are 
followed. The geographic coordinates must be specified in degrees, 
minutes, and seconds to the nearest second of latitude and longitude and 
must be based upon the 1927 North American Datum (NAD27). Applicants may 
supply geographical coordinates based on 1983 North American Datum 
(NAD83) in addition to those required (NAD27). In the case where an FCC 
recognized service area or county lines are utilized, applicants need 
only list the specific area(s) (through use of FCC designations or

[[Page 284]]

county names) that constitute the partitioned area.
    (2) Disaggregation. Spectrum may be disaggregated in any amount.
    (3) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignment of licenses that propose 
combinations of partitioning and disaggregation.
    (c) Unjust enrichment--(1) Installment payments. Licensees in 
frequency Blocks C and F making installment payments that partition 
their licenses or disaggregate their spectrum to entities not meeting 
the eligibility standards for installment payments, will be subject to 
the provisions concerning unjust enrichment as set forth in Secs. 1.2111 
of this chapter and 24.716(d).
    (2) Bidding credits. Licensees in frequency Blocks C and F that 
received a bidding credit and partition their licenses or disaggregate 
their spectrum to entities not meeting the eligibility standards for 
such a bidding credit, will be subject to the provisions concerning 
unjust enrichment as set forth in Secs. 1.2110(f) of this chapter and 
24.717(c).
    (3) Apportioning unjust enrichment payments. Unjust enrichment 
payments for partitioned license areas shall be calculated based upon 
the ratio of the population of the partitioned license area to the 
overall population of the license area and by utilizing the most recent 
census data. Unjust enrichment payments for disaggregated spectrum shall 
be calculated based upon the ratio of the amount of spectrum 
disaggregated to the amount of spectrum held by the licensee.
    (d) Installment payments--(1) Apportioning the balance on 
installment payment plans. When a winning bidder elects to pay for its 
license through an installment payment plan pursuant to Secs. 1.2110(e) 
of this chapter or 24.716, and partitions its licensed area or 
disaggregates spectrum to another party, the outstanding balance owed by 
the licensee on its installment payment plan (including accrued and 
unpaid interest) shall be apportioned between the licensee and 
partitionee or disaggregatee. Both parties will be responsible for 
paying their proportionate share of the outstanding balance to the U.S. 
Treasury. In the case of partitioning, the balance shall be apportioned 
based upon the ratio of the population of the partitioned area to the 
population of the entire original license area calculated based upon the 
most recent census data. In the case of disaggregation, the balance 
shall be apportioned based upon the ratio of the amount of spectrum 
disaggregated to the amount of spectrum allocated to the licensed area.
    (2) Parties not qualified for installment payment plans. (i) When a 
winning bidder elects to pay for its license through an installment 
payment plan, and partitions its license or disaggregates spectrum to 
another party that would not qualify for an installment payment plan or 
elects not to pay for its share of the license through installment 
payments, the outstanding balance owed by the licensee (including 
accrued and unpaid interest) shall be apportioned according to 
Sec. 24.714(d)(1).
    (ii) The partitionee or disaggregatee shall, as a condition of the 
approval of the partial assignment application, pay its entire pro rata 
amount within 30 days of Public Notice conditionally granting the 
partial assignment application. Failure to meet this condition will 
result in a rescission of the grant of the partial assignment 
application.
    (iii) The licensee shall be permitted to continue to pay its pro 
rata share of the outstanding balance and shall receive new financing 
documents (promissory note, security agreement) with a revised payment 
obligation, based on the remaining amount of time on the original 
installment payment schedule. These financing documents will replace the 
licensee's existing financing documents which shall be marked 
``superseded'' and returned to the licensee upon receipt of the new 
financing documents. The original interest rate, established pursuant to 
Sec. 1.2110(e)(3)(i) of this chapter at the time of the grant of the 
initial license in the market, shall continue to be applied to the 
licensee's portion of the remaining government obligation. We will 
require, as a further condition to approval of the partial assignment 
application, that the licensee

[[Page 285]]

execute and return to the U.S. Treasury the new financing documents 
within 30 days of the Public Notice conditionally granting the partial 
assignment application. Failure to meet this condition will result in 
the automatic cancellation of the grant of the partial assignment 
application.
    (iv) A default on the licensee's payment obligation will only affect 
the licensee's portion of the market.
    (3) Parties qualified for installment payment plans. (i) Where both 
parties to a partitioning or disaggregation agreement qualify for 
installment payments, the partitionee or disaggregatee will be permitted 
to make installment payments on its portion of the remaining government 
obligation, as calculated according to Sec. 24.714(d)(1).
    (ii) Each party will be required, as a condition to approval of the 
partial assignment application, to execute separate financing documents 
(promissory note, security agreement) agreeing to pay their pro rata 
portion of the balance due (including accrued and unpaid interest) based 
upon the installment payment terms for which they qualify under the 
rules. The financing documents must be returned to the U.S. Treasury 
within thirty (30) days of the Public Notice conditionally granting the 
partial assignment application. Failure by either party to meet this 
condition will result in the automatic cancellation of the grant of the 
partial assignment application. The interest rate, established pursuant 
to Sec. 1.2110(e)(3)(i) of this chapter at the time of the grant of the 
initial license in the market, shall continue to be applied to both 
parties' portion of the balance due. Each party will receive a license 
for their portion of the partitioned market or disaggregated spectrum.
    (iii) A default on an obligation will only affect that portion of 
the market area held by the defaulting party.
    (iv) Partitionees and disaggregatees that qualify for installment 
payment plans may elect to pay some of their pro rata portion of the 
balance due in a lump sum payment to the U.S. Treasury and to pay the 
remaining portion of the balance due pursuant to an installment payment 
plan.
    (e) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term as provided for in Sec. 24.15.
    (f) Construction requirements--(1) Requirements for partitioning. 
Parties seeking authority to partition must meet one of the following 
construction requirements:
    (i) The partitionee may certify that it will satisfy the applicable 
construction requirements set forth in Sec. 24.203 for the partitioned 
license area; or
    (ii) The original licensee may certify that it has or will meet its 
five-year construction requirement and will meet the ten-year 
construction requirement, as set forth in Sec. 24.203, for the entire 
license area. In that case, the partitionee must only satisfy the 
requirements for ``substantial service,'' as set forth in Sec. 24.16(a), 
for the partitioned license area by the end of the original ten-year 
license term of the licensee.
    (iii) Applications requesting partial assignments of license for 
partitioning must include a certification by each party as to which of 
the above construction options they select.
    (iv) Partitionees must submit supporting documents showing 
compliance with the respective construction requirements within the 
appropriate five- and ten-year construction benchmarks set forth in 
Sec. 24.203.
    (v) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned or disaggregated license without further Commission action.
    (2) Requirements for disaggregation. Parties seeking authority to 
disaggregate must submit with their partial assignment application a 
certification signed by both parties stating which of the parties will 
be responsible for meeting the five- and ten-year construction 
requirements for the PCS market as set forth in Sec. 24.203. Parties may 
agree to share responsibility for meeting the construction requirements. 
Parties that accept responsibility for meeting the construction 
requirements and later fail to do so will

[[Page 286]]

be subject to license forfeiture without further Commission action.

[62 FR 661, Jan. 6, 1997]



Sec. 24.716  Upfront payments, down payments, and installment payments for licenses for frequency Block F.

    (a) Upfront Payments and Down Payments. (1) Each eligible bidder for 
licenses subject to auction on frequency Block F shall pay an upfront 
payment as set forth in a Public Notice pursuant to the procedures in 
Sec. 1.2106 of this chapter.
    (2) Each winning bidder shall make a down payment and pay the 
balance of its winning bids pursuant to Sec. 1.2107 and Sec. 1.2109 of 
this chapter.
    (b) Installment Payments. Each eligible licensee of frequency Block 
F may pay the remaining 80 percent of the net auction price for the 
license in installment payments pursuant to Sec. 1.2110(e) of this 
chapter and under the following terms:
    (1) For an eligible licensee with gross revenues exceeding $75 
million (calculated in accordance with Sec. 24.709 (a)(2) and (b)) in 
each of the two preceding years (calculated in accordance with 
Sec. 24.720(f)), interest shall be imposed based on the rate for ten-
year U.S. Treasury obligations applicable on the date the license is 
granted, plus 3.5 percent; payments shall include both principal and 
interest amortized over the term of the license;
    (2) For an eligible licensee with gross revenues not exceeding $75 
million (calculated in accordance with Sec. 24.709 (a)(2) and (b)) in 
each of the two preceding years (calculated in accordance with 
Sec. 24.720(f)), interest shall be imposed based on the rate for ten-
year U.S. Treasury obligations applicable on the date the license is 
granted, plus 2.5 percent; payments shall include interest only for the 
first year and payments of interest and principal amortized over the 
remaining nine years of the license term; or
    (3) For an eligible licensee that qualifies as a small business or 
as a consortium of small businesses, interest shall be imposed based on 
the rate for ten-year U.S. Treasury obligations applicable on the date 
the license is granted; payments shall include interest only for the 
first two years and payments of interest and principal amortized over 
the remaining eight years of the license term.
    (c) Late installment payments. See Sec. 1.2110(f)(4) of this 
chapter.
    (d) Unjust enrichment. See Sec. 1.2111 of this chapter.

[60 FR 37799, July 21, 1995, as amended at 61 FR 33868, July 1, 1996; 63 
FR 2349, Jan. 15, 1998; 63 FR 50799, Sept. 23, 1998]

    Effective Date Note: At 63 FR 50799, Sept. 23, 1998, Sec. 24.716 was 
amended by revising paragraphs (a)(1) and (a)(2), effective Nov. 23, 
1998. For the convenience of the user, the superseded text is set forth 
as follows:

Sec. 24.716  Upfront payments, down payments and installment payments 
          for licenses for frequency Block F.

    (a) * * *(1) Each eligible bidder for licenses on frequency Block F 
subject to auction shall pay an upfront payment of $0.06 per MHz per pop 
for the maximum number of licenses (in terms of MHz-pops) on which it 
intends to bid pursuant to Sec. 1.2106 of this chapter and procedures 
specified by Public Notice;
    (2) Each winning bidder shall make a down payment equal to 20 
percent of its winning bid (less applicable bidding credits); a winning 
bidder shall bring its total amount on deposit with the Commission 
(including upfront payment) to 10 percent of its net winning bid within 
five business days after the auction closes, and the remainder of the 
down payment (10 percent) shall be paid within five business days after 
the application required by Sec. 24.809(b) is granted; and

                                * * * * *



Sec. 24.717  Bidding credits for licenses for frequency Block F.

    (a) A winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in Sec. 24.720(b)(1) or 
Sec. 24.720(b)(4) of this part may use a bidding credit of fifteen 
percent, as specified in Sec. 1.2110(e)(2)(iii) of this chapter, to 
lower the cost of its winning bid.
    (b) A winning bidder that qualifies as a very small business or a 
consortium of very small businesses as defined in Sec. 24.720(b)(2) or 
Sec. 24.720(b)(5) of this part may use a bidding credit of twenty-five 
percent, as specified in Sec. 1.2110(e)(2)(ii) of this chapter, to lower 
the cost of its winning bid.

[[Page 287]]

    (c) Unjust enrichment. See Sec. 1.2111 of this chapter.

[63 FR 50800, Sept. 23, 1998]

    Effective Date Note: At 63 FR 50800, Sept. 23, 1998, Sec. 24.717 was 
revised, effective Nov. 23, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 24.717  Bidding credits for licenses for frequency Block F.

    (a) A winning bidder that qualifies as a small business or a 
consortium of small businesses may use a bidding credit of 15 percent to 
lower the cost of its winning bid.
    (b) A winning bidder that qualifies as a very small business or a 
consortium of very small businesses may use a bidding credit of 25 
percent to lower the cost of its winning bid.
    (c) Unjust enrichment. See Sec. 1.2111 of this chapter.

[60 FR 37800, July 21, 1995, as amended at 61 FR 33869, July 1, 1996; 63 
FR 2349, Jan. 15, 1998]



Sec. 24.720  Definitions.

    (a) Scope. The definitions in this section apply to Secs. 24.709 
through 24.717, unless otherwise specified in those sections.
    (b) Small business; very small business; consortia. (1) A small 
business is an entity that, together with its affiliates and persons or 
entities that hold interest in such entity and their affiliates, has 
average annual gross revenues that are not more than $40 million for the 
preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and persons or entities that hold interests in such entity 
and their affiliates, has average annual gross revenues that are not 
more than $15 million for the preceding three years.
    (3) For purposes of determining whether an entity meets the $40 
million average annual gross revenues size standard set forth in 
paragraph (b)(1) of this section or the $15 million average annual gross 
revenues size standard set forth in paragraph (b)(2) of this section, 
the gross revenues of the entity, its affiliates, persons or entities 
holding interests in the entity and their affiliates shall be considered 
on a cumulative basis and aggregated subject to the exceptions set forth 
in Sec. 24.709(b).
    (4) A small business consortium is a conglomerate organization 
formed as a joint venture between or among mutually independent business 
firms, each of which individually satisfies the definition of a small 
business in paragraphs (b)(1) and (b)(3) of this section.
    (5) A very small business consortium is a conglomerate organization 
formed as a joint venture between or among mutually independent business 
firms, each of which individually satisfies the definition of a very 
small business in paragraphs (b)(2) and (b)(3) of this section.
    (c) Business Owned by Members of Minority Groups and/or Women. A 
business owned by members of minority groups and/or women is an entity:
    (1) In which the qualifying investor members of an applicant's 
control group are members of minority groups and/or women who are United 
States citizens; and
    (2) That complies with the requirements of Sec. 24.709 (b)(3) and 
(b)(5) or Sec. 24.709 (b)(4) and (b)(6).
    (d) Small Business Owned by Members of Minority Groups and/or Women: 
Consortium of Small Businesses Owned by Members of Minority and/or 
Women. A Small business owned by members of minority groups and/or women 
is an entity that meets the definitions in both paragraphs (b) and (c) 
of this section. A consortium of small businesses owned by members of 
minority groups and/or women is a conglomerate organization formed as a 
joint venture between mutually-independent business firms, each of which 
individually satisfies the definitions in paragraphs (b) and (c) of this 
section.
    (e) Rural Telephone Company. A rural telephone company is a local 
exchange carrier operating entity to the extent that such entity:
    (1) Provides common carrier service to any local exchange carrier 
study area that does not include either;
    (i) Any incorporated place of 10,000 inhabitants or more, or any 
part thereof, based on the most recently available population statistics 
of the Bureau of the Census; or
    (ii) Any territory, incorporated or unincorporated, included in an 
urbanized area, as defined by the Bureau of the Census as of August 10, 
1993;
    (2) Provides telephone exchange service, including exchange access, 
to fewer than 50,000 access lines;

[[Page 288]]

    (3) Provides telephone exchange service to any local exchange 
carrier study area with fewer than 100,000 access lines; or
    (4) Has less than 15 percent of its access lines in communities of 
more than 50,000 on the date of enactment of the Telecommunications Act 
of 1996.
    (f) Gross Revenues. Gross revenues shall mean all income received by 
an entity, whether earned or passive, before any deductions are made for 
costs of doing business (e.g., cost of goods sold), as evidenced by 
audited financial statements for the relevant number of most recently 
completed calendar years, or, if audited financial statements were not 
prepared on a calendar-year basis, for the most recently completed 
fiscal years preceding the filing of the applicant's short-form 
application (Form 175). If an entity was not in existence for all or 
part of the relevant period, gross revenues shall be evidenced by the 
audited financial statements of the entity's predecessor-in-interest or, 
if there is no identifiable predecessor-in-interest, unaudited financial 
statements certified by the applicant as accurate. When an applicant 
does not otherwise use audited financial statements, its gross revenues 
may be certified by its chief financial officer or its equivalent.
    (g) Total Assets. Total assets shall mean the book value (except 
where generally accepted accounting principles (GAAP) require market 
valuation) of all property owned by an entity, whether real or personal, 
tangible or intangible, as evidenced by the most recent audited 
financial statements or certified by the applicant's chief financial 
officer or its equivalent if the applicant does not otherwise use 
audited financial statements.
    (h) Institutional Investor. An institutional investor is an 
insurance company, a bank holding stock in trust accounts through its 
trust department, or an investment company as defined in 15 U.S.C. 80a-
3(a), including within such definition any entity that would otherwise 
meet the definition of investment company under 15 U.S.C. 80a-3(a) but 
is excluded by the exemptions set forth in 15 U.S.C. 80a-3 (b) and (c), 
without regard to whether such entity is an issuer of securities; 
provided that, if such investment company is owned, in whole or in part, 
by other entities, such investment company, such other entities and the 
affiliates of such other entities, taken as a whole, must be primarily 
engaged in the business of investing, reinvesting or trading in 
securities or in distributing or providing investment management 
services for securities.
    (i) Members of Minority Groups. Members of minority groups includes 
Blacks, Hispanics, American Indians, Alaskan Natives, Asians, and 
Pacific Islanders.
    (j) Nonattributable Equity. (1) Nonattributable equity shall mean:
    (i) For corporations, voting stock or non-voting stock that includes 
no more than twenty-five percent of the total voting equity, including 
the right to vote such stock through a voting trust or other 
arrangement;
    (ii) For partnerships, joint ventures and other non-corporate 
entities, limited partnership interests and similar interests that do 
not afford the power to exercise control of the entity.
    (2) For purposes of assessing compliance with the equity limits in 
Sec. 24.709 (b)(3)(i) and (b)(4)(i), where such interests are not held 
directly in the applicant, the total equity held by a person or entity 
shall be determined by successive multiplication of the ownership 
percentages for each link in the vertical ownership chain.
    (k) Control Group. A control group is an entity, or a group of 
individuals or entities, that possesses de jure control and de facto 
control of an applicant or licensee, and as to which the applicant's or 
licensee's charters, bylaws, agreements and any other relevant documents 
(and amendments thereto) provide:
    (1) That the entity and/or its members own unconditionally at least 
50.1 percent of the total voting interests of a corporation;
    (2) That the entity and/or its members receive at least 50.1 percent 
of the annual distribution or any dividends paid on the voting stock of 
a corporation;
    (3) That, in the event of dissolution or liquidation of a 
corporation, the entity and/or or its members are entitled to receive 
100 percent of the value of each share of stock in its possession

[[Page 289]]

and a percentage of the retained earnings of the concern that is 
equivalent to the amount of equity held in the corporation; and
    (4) That, for other types of businesses, the entity and/or its 
members have the right to receive dividends, profits and regular and 
liquidating distributions from the business in proportion to the amount 
of equity held in the business.

    Note to paragraph (k): Voting control does not always assure de 
facto control, such as for example, when the voting stock of the control 
group is widely dispersed (see e.g., Sec. 24.720(1)(2)(iii).

    (l) Affiliate. (1) Basis for Affiliation. An individual or entity is 
an affiliate of an applicant or of a person holding an attributable 
interest in an applicant (both referred to herein as ``the applicant'') 
if such individual or entity:
    (i) Directly or indirectly controls or has the power to control the 
applicant, or
    (ii) Is directly or indirectly controlled by the applicant, or
    (iii) Is directly or indirectly controlled by a third party or 
parties that also controls or has the power to control the applicant, or
    (iv) Has an ``identity of interest'' with the applicant.
    (2) Nature of control in determining affiliation.
    (i) Every business concern is considered to have one or more parties 
who directly or indirectly control or have the power to control it. 
Control may be affirmative or negative and it is immaterial whether it 
is exercised so long as the power to control exists.

    Example for paragraph (l)(2)(i). An applicant owning 50 percent of 
the voting stock of another concern would have negative power to control 
such concern since such party can block any action of the other 
stockholders. Also, the bylaws of a corporation may permit a stockholder 
with less than 50 percent of the voting to block any actions taken by 
the other stockholders in the other entity. Affiliation exists when the 
applicant has the power to control a concern while at the same time 
another person, or persons, are in control of the concern at the will of 
the party or parties with the power of control.

    (ii) Control can arise through stock ownership; occupancy of 
director, officer or key employee positions; contractual or other 
business relations; or combinations of these and other factors. A key 
employee is an employee who, because of his/her position in the concern, 
has a critical influence in or substantive control over the operations 
or management of the concern.
    (iii) Control can arise through management positions where a 
concern's voting stock is so widely distributed that no effective 
control can be established.

    Example for paragraph (l)(2)(iii). In a corporation where the 
officers and directors own various size blocks of stock totaling 40 
percent of the corporation's voting stock, but no officer or director 
has a block sufficient to give him or her control or the power to 
control and the remaining 60 percent is widely distributed with no 
individual stockholder having a stock interest greater than 10 percent, 
management has the power to control. If persons with such management 
control of the other entity are persons with attributable interests in 
the applicant, the other entity will be deemed an affiliate of the 
applicant.

    (3) Identity of interest between and among persons. Affiliation can 
arise between or among two or more persons with an identity of interest, 
such as members of the same family or persons with common investments. 
In determining if the applicant controls or is controlled by a concern, 
persons with an identity of interest will be treated as though they were 
one person.

    Example 1. Two shareholders in Corporation Y each have attributable 
interests in the same PCS application. While neither shareholder has 
enough shares to individually control Corporation Y, together they have 
the power to control Corporation Y. The two shareholders with these 
common investments (or identity of interest) are treated as though they 
are one person and Corporation Y would be deemed an affiliate of the 
applicant.

    Example 2. One shareholder in Corporation Y, shareholder A, has an 
attributable interest in a PCS application. Another shareholder in 
Corporation Y, shareholder B, has a nonattributable interest in the same 
PCS application. While neither shareholder has enough shares to 
individually control Corporation Y, together they have the power to 
control Corporation Y. Through the common investment of shareholders A 
and B in the PCS application, Corporation Y would still be deemed an 
affiliate of the applicant.


[[Page 290]]


    (i) Spousal Affiliation. Both spouses are deemed to own or control 
or have the power to control interests owned or controlled by either of 
them, unless they are subject to a legal separation recognized by a 
court of competent jurisdiction in the United States.
    (ii) Kinship Affiliation. Immediate family members will be presumed 
to own or control or have the power to control interests owned or 
controlled by other immediate family members. In this context 
``immediate family member'' means father, mother, husband, wife, son, 
daughter, brother, sister, father- or mother-in-law, son- or daughter-
in-law, brother- or sister-in-law, step-father, or -mother, step-
brother, or -sister, step-son, or -daughter, half brother or sister. 
This presumption may be rebutted by showing that
    (A) The family members are estranged,
    (B) The family ties are remote, or
    (C) The family members are not closely involved with each other in 
business matters.

    Example for paragraph (l)(3)(ii). A owns a controlling interest in 
Corporation X. A's sister-in-law, B, has an attributable interest in a 
PCS application. Because A and B have a presumptive kinship affiliation, 
A's interest in Corporation X is attributable to B, and thus to the 
applicant, unless B rebuts the presumption with the necessary showing.

    (4) Affiliation through stock ownership.
    (i) An applicant is presumed to control or have the power to control 
a concern if he or she owns or controls or has the power to control 50 
percent or more of its voting stock.
    (ii) An applicant is presumed to control or have the power to 
control a concern even though he or she owns, controls or has the power 
to control less than 50 percent of the concern's voting stock, if the 
block of stock he or she owns, controls or has the power to control is 
large as compared with any other outstanding block of stock.
    (iii) If two or more persons each owns, controls or has the power to 
control less than 50 percent of the voting stock of a concern, such 
minority holdings are equal or approximately equal in size, and the 
aggregate of these minority holdings is large as compared with any other 
stock holding, the presumption arises that each one of these persons 
individually controls or has the power to control the concern; however, 
such presumption may be rebutted by a showing that such control or power 
to control, in fact, does not exist.
    (5) Affiliation arising under stock options, convertible debentures, 
and agreements to merge. Stock options, convertible debentures, and 
agreements to merge (including agreements in principle) are generally 
considered to have a present effect on the power to control the concern. 
Therefore, in making a size determination, such options, debentures, and 
agreements will generally be treated as though the rights held 
thereunder had been exercised. However, neither an affiliate nor an 
applicant can use such options and debentures to appear to terminate its 
control over another concern before it actually does so.

    Example 1 for paragraph (l)(5). If company B holds an option to 
purchase a controlling interest in company A, who holds an attributable 
interest in a PCS application, the situation is treated as though 
company B had exercised its rights and had become owner of a controlling 
interest in company A. The gross revenues of company B must be taken 
into account in determining the size of the applicant.

    Example 2 for paragraph (l)(5). If a large company, BigCo, holds 70% 
(70 of 100 outstanding shares) of the voting stock of company A, who 
holds an attributable interest in a PCS application, and gives a third 
party, SmallCo, an option to purchase 50 of the 70 shares owned by 
BigCo, BigCo will be deemed to be an affiliate of company A, and thus 
the applicant, until SmallCo actually exercises its options to purchase 
such shares. In order to prevent BigCo from circumventing the intent of 
the rule which requires such options to be considered on a fully diluted 
basis, the option is not considered to have present effect in this case.

    Example 3 for paragraph (l)(5). If company A has entered into an 
agreement to merge with company B in the future, the situation is 
treated as though the merger has taken place.

    (6) Affiliation under voting trusts. (i) Stock interests held in 
trust shall be deemed controlled by any person who holds or shares the 
power to vote such stock, to any person who has the sole power to sell 
such stock, and to any person who has the right to revoke the

[[Page 291]]

trust at will or to replace the trustee at will.
    (ii) If a trustee has a familial, personal or extra-trust business 
relationship to the grantor or the beneficiary, the stock interests held 
in trust will be deemed controlled by the grantor or beneficiary, as 
appropriate.
    (iii) If the primary purpose of a voting trust, or similar 
agreement, is to separate voting power from beneficial ownership of 
voting stock for the purpose of shifting control of or the power to 
control a concern in order that such concern or another concern may meet 
the Commission's size standards, such voting trust shall not be 
considered valid for this purpose regardless of whether it is or is not 
recognized within the appropriate jurisdiction.
    (7) Affiliation through common management. Affiliation generally 
arises where officers, directors, or key employees serve as the majority 
or otherwise as the controlling element of the board of directors and/or 
the management of another entity.
    (8) Affiliation through common facilities. Affiliation generally 
arises where one concern shares office space and/or employees and/or 
other facilities with another concern, particularly where such concerns 
are in the same or related industry or field of operations, or where 
such concerns were formerly affiliated, and through these sharing 
arrangements one concern has control, or potential control, of the other 
concern.
    (9) Affiliation through contractual relationships. Affiliation 
generally arises where one concern is dependent upon another concern for 
contracts and business to such a degree that one concern has control, or 
potential control, of the other concern.
    (10) Affiliation under joint venture arrangements. (i) A joint 
venture for size determination purposes is an association of concerns 
and/or individuals, with interests in any degree or proportion, formed 
by contract, express or implied, to engage in and carry out a single, 
specific business venture for joint profit for which purpose they 
combine their efforts, property, money, skill and knowledge, but not on 
a continuing or permanent basis for conducting business generally. The 
determination whether an entity is a joint venture is based upon the 
facts of the business operation, regardless of how the business 
operation may be designated by the parties involved. An agreement to 
share profits/losses proportionate to each party's contribution to the 
business operation is a significant factor in determining whether the 
business operation is a joint venture.
    (ii) The parties to a joint venture are considered to be affiliated 
with each other
    (11) For purposes of Sec. 24.709(a)(2) and paragraphs (b)(2) and (d) 
of this section, Indian tribes or Alaska Regional or Village 
Corporations organized pursuant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.), or entities owned and controlled by such 
tribes or corporations, are not considered affiliates of an applicant 
(or licensee) that is owned and controlled by such tribes, corporations 
or entities, and that otherwise complies with the requirements of 
Sec. 24.709 (b)(3) and (b)(5) or Sec. 24.709 (b)(4) and (b)(6), except 
that gross revenues derived from gaming activities conducted by 
affiliated entities pursuant to the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.) will be counted in determining such applicant's (or 
licensee's) compliance with the financial requirements of Sec. 24.709(a) 
and paragraphs (b) and (d) of this section, unless such applicant 
establishes that it will not receive a substantial unfair competitive 
advantage because significant legal constraints restrict the applicant's 
ability to access such gross revenues.
    (m) Publicly Traded Corporation with Widely Dispersed Voting Power. 
A publicly traded corporation with widely dispersed voting power is a 
business entity organized under the laws of the United States:
    (1) Whose shares, debt, or other ownership interests are traded on 
an organized securities exchange within the United States;
    (2) In which no person
    (i) Owns more than 15 percent of the equity; or
    (ii) Possesses, directly or indirectly, through the ownership of 
voting securities, by contract or otherwise, the power to control the 
election of more than 15 percent of the members of the board of 
directors or other governing

[[Page 292]]

body of such publicly traded corporation; and
    (3) Over which no person other than the management and members of 
the board of directors or other governing body of such publicly traded 
corporation, in their capacities as such, has de facto control.
    (4) The term person shall be defined as in section 13(d) of the 
Securities and Exchange Act of 1934, as amended (15 U.S.C. 78(m)), and 
shall also include investors that are commonly controlled under the 
indicia of control set forth in the definition of affiliate in 
paragraphs (1)(2) through (1) of this section.
    (n) Qualifying Investor; Qualifying Minority and/or Woman Investor.
    (1) A qualifying investor is a person who is (or holds an interest 
in) a member of the applicant's (or licensee's) control group and whose 
gross revenues and total assets, when aggregated with those of all other 
attributable investors and affiliates, do not exceed the gross revenues 
and total assets limits specified in Sec. 24.709(a), or, in the case of 
an applicant (or licensee) that is a small business, do not exceed the 
gross revenues limit specified in paragraph (b) of this section.
    (2) A qualifying minority and/or woman investor is a person who is a 
qualifying investor under paragraph (n)(1), who is (or holds an interest 
in) a member of the applicant's (or licensee's) control group and who is 
a member of a minority group or a woman and a United States citizen.
    (3) For purposes of assessing compliance with the minimum equity 
requirements of Sec. 24.709(b) (5) and (6), where such equity interests 
are not held directly in the applicant, interests held by qualifying 
investors or qualifying minority and/or woman investors shall be 
determined by successive multiplication of the ownership percentages for 
each link in the vertical ownership chain.
    (4) For purposes of Sec. 24.709 (b)(5)(i)(C) and (b)(6)(i)(C), a 
qualifying investor is a person who is (or holds an interest in) a 
member of the applicant's (or licensee's) control group and whose gross 
revenues and total assets do not exceed the gross revenues and total 
assets limits specified in Sec. 24.709(a).
    (o) Preexisting entity; Existing investor. A preexisting entity is 
an entity that was operating and earning revenues for at least two years 
prior to December 31, 1994. An existing investor is a person or entity 
that was an owner of record of a preexisting entity's equity as of 
November 10, 1994, and any person or entity acquiring de minimus equity 
holdings in a preexisting entity after that date.

    Note: In applying the term existing investor to de minimus interests 
in preexisting entities obtained or increased after November 10, 1994, 
the Commission will scrutinize any significant restructuring of the 
preexisting entity that occurs after that date and will presume that any 
change of equity that is five percent or less of the preexisting 
entity's total equity is de minimis. The burden is on the applicant (or 
licensee) to demonstrate that changes that exceed five percent are not 
significant.


[59 FR 63236, Dec. 7, 1994; 60 FR 5335, Jan 27, 1995; 60 FR 8571, 8572, 
Feb. 15, 1995, as amended at 60 FR 37800, July 21, 1995; 61 FR 33869, 
July 1, 1996; 61 FR 51234, Oct. 1, 1996]



  Subpart I--Interim Application, Licensing, and Processing Rules for 
                              Broadband PCS

    Source: 59 FR 37610, July 22, 1994, unless otherwise noted.



Secs. 24.801-24.802  [Reserved]



Sec. 24.803  Authorization required.

    No person shall use or operate any device for the transmission of 
energy or communications by radio in the services authorized by this 
part except as provided in this part.



Sec. 24.804  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under all applicable laws and 
Commission regulations, policies and decisions;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien ownership. A broadband PCS authorization to provide 
Commercial Mobile Radio Service may not be granted to or held by:

[[Page 293]]

    (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 more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof or any corporation 
organized under the laws of another country.
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the Commission finds that the 
public interest will be served by the refusal or revocation of such a 
license.
    (c) A broadband PCS authorization to provide Private Mobile Radio 
Service may not be granted to or held by a foreign government or a 
representative thereof.

[59 FR 37610, July 22, 1994, as amended at 61 FR 55581, Oct. 28, 1996]



Sec. 24.805  Formal and informal applications.

    (a) Except for an authorization under any of the conditions stated 
in Section 308(a) of the Communications Act of 1934 (47 U.S.C. 
Sec. 308(a)), the Commission may grant the following authorizations only 
upon written application received by it: station licenses; modifications 
of licenses; renewals of licenses; transfers and assignments of station 
licenses, or any right thereunder.
    (b) Except as may be otherwise permitted by this part, a separate 
written application shall 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.



Sec. 24.806  Filing of broadband PCS applications; fees; numbers of copies.

    (a) As prescribed by Secs. 24.705, 24.707 and 24.809, standard 
formal application forms applicable to broadband PCS may be obtained 
from either:
    (1) Federal Communications Commission, Washington, DC 20554; or
    (2) By calling the Commission's Forms Distribution Center, (202) 
632-3676.
    (b) Applications to participate in competitive bidding for broadband 
PCS service must be filed on FCC Form 175 in accordance with the rules 
in Sec. 24.705 and part 1, subpart Q of this chapter. In the event of 
mutual exclusivity between applicants filing FCC Form 175, only auction 
winners will be eligible to file subsequent long-form applications on 
FCC Form 600 to provide broadband PCS service. Mutually exclusive 
applications filed on FCC Form 175 are subject to competitive bidding 
under those rules. Broadband PCS applicants filing FCC Form 600 need not 
complete Schedule B.
    (c) All applications for broadband PCS licenses (other than 
applications to participate in competitive bidding filed on FCC Form 
175) shall be submitted for filing to: Federal Communications 
Commission, Washington, DC 20554, Attention: Broadband PCS Processing 
Section.

Applications requiring fees as set forth at part 1, subpart G of this 
chapter must be filed in accordance with Sec. 0.401(b) of this chapter.
    (d) All correspondence or amendments concerning a submitted 
application shall clearly identify the name of the applicant, applicant 
identification number or Commission file number (if

[[Page 294]]

known) or station call sign of the application involved, and may be sent 
directly to the Common Carrier Bureau, Broadband PCS Processing Section.
    (e) Except as otherwise specified, all applications, amendments, 
correspondence, pleadings and forms (including FCC Form 175) shall be 
submitted on one original paper copy and with three microfiche copies, 
including exhibits and attachments thereto, and shall be signed as 
prescribed by Sec. 1.743 of this chapter. Filings of five pages or less 
are exempt from the requirement to submit on microfiche, as are 
emergency filings such as letters requesting special temporary 
authority. Those filing any amendments, correspondence, pleadings and 
forms must simultaneously submit the original hard copy which must be 
stamped ``original''. Abbreviations may be used if they are easily 
understood. In addition to the original hard copy, those filing 
pleadings, including pleadings under Sec. 1.2108 of this chapter, shall 
also submit two paper copies as provided in Sec. 1.51 of this chapter.
    (1) Microfiche copies. Each microfiche copy must be a copy of the 
signed original. Each microfiche copy shall be a 148mm x 105mm negative 
(clear transparent characters appearing on an opaque background) at 24x 
to 27x reduction for microfiche or microfiche jackets. One of the 
microfiche sets must be a silver halide camera master or a copy made on 
silver halide film such as Kodak Direct Duplicatory Film. The microfiche 
must be placed in paper microfiche envelopes and submitted in a B6 (125 
mm x 176 mm) or 5 x 7.5 inch envelope. All applicants must leave Row 
``A'' (the first row for page images) of the first fiche blank for in-
house identification purposes. Each microfiche copy of pleadings shall 
include:
    (i) The month and year of the document;
    (ii) The name of the document;
    (iii) The name of the filing party;
    (iv) The file number, applicant identification number, and call 
sign, if assigned;
    (v) The identification number and date of the Public Notice 
announcing the auction in response to which the application was filed 
(if applicable).
    (2) All applications and all amendments must have the following 
information printed on the mailing envelope, the microfiche envelope, 
and on the title area at the top of the microfiche:
    (i) The name of the applicant;
    (ii) The type of application (e.g., 30 MHz MTA, 30 MHz BTA, 10 MHz 
BTA);
    (iii) The month and year of the document;
    (iv) The name of the document;
    (v) The file number, applicant identification number, and call sign, 
if assigned; and
    (vi) The identification number and date of the Public Notice 
announcing the auction in response to which the application was filed 
(if applicable).

[59 FR 37610, July 22, 1994, as amended at 59 FR 59957, Nov. 21, 1994]



Secs. 24.807-24.808  [Reserved]



Sec. 24.809  Standard application forms and permissive changes or minor modifications for the broadband Personal Communications Services.

    (a) Applications to participate in competitive bidding for broadband 
PCS licenses must be filed on FCC Forms 175 and 175-S.
    (b) Subsequent application by auction winners or non-mutually 
exclusive applicants for broadband PCS licenses under part 24. FCC Form 
600 (``Application for New or Modified Common Carrier Radio Station 
Under Part 22'') shall be submitted by each auction winner for each 
broadband PCS license applied for on FCC Form 175. In the event that 
mutual exclusivity does not exist with respect to a license identified 
on an applicant's FCC Form 175, the Commission will so inform the 
applicant and the applicant will also file FCC Form 600. Blanket 
licenses are granted for each market frequency block. Applications for 
individual sites are not needed and will not be accepted. See 
Sec. 24.11. Broadband PCS applicants filing FCC Form 600 need not 
complete Schedule B.
    (c) Extensions of time and reinstatement. When a licensee cannot 
complete construction in accordance with the provisions of Sec. 24.203, 
a timely application for extension of time (FCC Form 489) must be filed.

[[Page 295]]

    (d) License for mobile subscriber station--These stations are 
considered to be associated with and covered by the authorization issued 
to the carrier serving the land mobile station. No additional 
authorization is required.

[59 FR 37610, July 22, 1994, as amended at 59 FR 59957, Nov. 21, 1994]



Sec. 24.810  [Reserved]



Sec. 24.811  Miscellaneous forms.

    (a) Licensee qualifications. FCC Form 430 (``Common Carrier and 
Satellite Radio Licensee Qualifications Report'') shall be filed by 
broadband Personal Communications Service licensees only as required by 
Form 490 (Application for Assignment or Transfer of Control Under Part 
22).
    (b) Renewal of station license. Except for renewal of special 
temporary authorizations, FCC Form 405 (``Application for Renewal of 
Station License'') must be filed in duplicate by the licensee between 
thirty (30) and sixty (60) days prior to the expiration date of the 
license sought to be renewed.



Sec. 24.812  [Reserved]



Sec. 24.813  General application requirements.

    (a) Each application (including applications filed on Forms 175 and 
600) for a broadband PCS license or for consent to assign or transfer 
control of a broadband PCS license shall disclose fully the real party 
or parties in interest and must include in an exhibit the following 
information:
    (1) A list of any business, holding or applying for CMRS or PMRS 
licenses, five percent or more of whose stock, warrants, options or debt 
securities are owned by the applicant or an officer, director, 
attributable stockholder or key management personnel of the applicant. 
This list must include a description of each such business' principal 
business and a description of each such business' relationship to the 
applicant.
    (2) A list of any party which holds a five percent or more interest 
(or a ten percent or more interest for institutional investors as 
defined in Sec. 24.720(h)) in the applicant, or any entity holding or 
applying for CMRS or PMRS licenses in which a five percent or more 
interest (or a ten percent or more interest for institutional investors 
as defined in Sec. 24.720(h)) is held by another party which holds a 
five percent or more interest (or a ten percent or more interest for 
institutional investors as defined in Sec. 24.720(h)) in the applicant 
(e.g. If Company A owns 5% of Company B (the applicant) and 5% of 
Company C, a company holding or applying for CMRS or PMRS licenses, then 
Companies A and C must be listed on Company B's applications.)
    (3) A list of the names, addresses, citizenship and principal 
business of any person holding five percent or more of each class of 
stock, warrants, options or debt securities together with the amount and 
percentage held, and the name, address, citizenship and principal place 
of business of any person on whose account, if other than the holder, 
such interest is held. If any of these persons are related by blood or 
marriage, include such relationship in the statement.
    (4) In the case of partnerships, the name and address of each 
partner, each partner's citizenship and the share or interest 
participation in the partnership. This information must be provided for 
all partners, regardless of their respective ownership interest in the 
partnership.
    (b) Each application for a broadband PCS license must:
    (1) Submit the information required by the Commission's Rules, 
requests and application forms;
    (2) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter.
    (3) Show compliance with and make all special showings that may be 
applicable;
    (c) Where documents, exhibits, or other lengthy showings already on 
file with the Commission contain information which is required by an 
application form, the application may specifically refer to such 
information, if:
    (1) The information previously filed is over one A4 (21 cm x 29.7 
cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page in length, and all 
information referenced therein is current and accurate in all

[[Page 296]]

significant respects under Sec. 1.65 of this chapter; and
    (2) The reference states specifically where the previously filed 
information can actually be found, including mention of:
    (i) The station call sign or application file number whenever the 
reference is to station files or previously filed applications; and
    (ii) The title of the proceeding, the docket number, and any legal 
citations, whenever the reference is to a docketed proceeding.

However, question on an application form which call for specific 
technical data, or which can be answered by a ``yes'' or ``no'' or other 
short answer shall be answered as appropriate and shall not be cross-
referenced to a previous filing.
    (d) In addition to the general application requirements of subpart F 
and Secs. 1.2105 of this chapter, 24.813 and 24.815, applicants shall 
submit any additional documents, exhibits, or signed written statements 
of fact:
    (1) As may be required by these rules; 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.
    (e) Except when the Commission has declared explicitly to the 
contrary, an informational requirement does not in itself imply the 
processing treatment of decisional weight to be accorded the response.
    (f) All applicants (except applicants filing FCC Form 175) are 
required to indicate at the time their application is filed whether or 
not a Commission grant of the application may have a significant 
environmental impact as defined by Sec. 1.1307 of this chapter. If 
answered affirmatively, the requisite environmental assessment as 
prescribed in Sec. 1.1311 of this chapter must be filed with the 
application and Commission environmental review must be completed prior 
to construction. See Sec. 1.1312 of this chapter. All broadband PCS 
licensees are subject to continuing obligation to determine whether 
subsequent construction may have a significant environmental impact 
prior to undertaking such construction and to otherwise comply with 
Secs. 1.1301 through 1.1319 of this chapter. See Sec. 1.1312 of this 
chapter.

[59 FR 37610, July 22, 1994, as amended at 59 FR 53371, Oct. 24, 1994; 
59 FR 59957, Nov. 21, 1994; 60 FR 13917, Mar. 15, 1995; 61 FR 33870, 
July 1, 1996]



Sec. 24.814  [Reserved]



Sec. 24.815  Technical content of applications; maintenance of list of station locations.

    (a) All applications required by this part shall contain all 
technical information required by the application forms or associated 
Public Notice(s). Applications other than initial applications for a 
broadband PCS license must also comply with all technical requirements 
of the rules governing the broadband PC (see subparts C and E of this 
part as appropriate). The following paragraphs describe a number of 
general technical requirements.
    (b) Each application (except applications for initial licenses filed 
on Form 175) for a license for broadband PCS must comply with the 
provisions of Secs. 24.229-24.238 of the Commission's Rules.
    (c)-(i) [Reserved]
    (j) The location of the transmitting antenna shall be considered to 
be the station location. Broadband PCS licensees must maintain a current 
list of all station locations, which must describe the transmitting 
antenna site by its geographical coordinates and also by conventional 
reference to street number, landmark, or the equivalent. All such 
coordinates shall be specified in terms of degrees, minutes, and seconds 
to the nearest second of latitude and longitude.



Secs. 24.816-24.818  [Reserved]



24.819  Waiver of rules.

    (a) Requests for waiver.
    (1) A waiver of these rules may be granted upon application or by 
the Commission on its own motion. Requests for waivers shall contain a 
statement of reason sufficient to justify a waiver. Waivers will not be 
granted except upon an affirmative showing:

[[Page 297]]

    (i) That the underlying purpose of the rule will not be served, or 
would be frustrated, by its application in a particular case, and that 
grant of the waiver is otherwise in the public interest; or
    (ii) That 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.
    (2) If the information necessary to support a waiver request is 
already on file, the applicant may cross-reference to the specific 
filing where it may be found.
    (b) Denial of waiver, alternate showing required. If a waiver is not 
granted, the application will be dismissed as defective unless the 
applicant has also provided an alternative proposal which complies with 
the Commission's rules (including any required showings).



Sec. 24.820  Defective applications.

    (a) Unless the Commission shall otherwise permit, an application 
will be unacceptable for filing and will be returned to the applicant 
with a brief statement as to the omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, execution or other matters 
of a formal character; or
    (2) The application does not comply with the Commission's rules, 
regulations, specific requirements for additional information or other 
requirements. See also Sec. 1.2105 of this chapter.
    (b) Some examples of common deficiencies which result in defective 
applications under paragraph (a) of this section are:
    (1) The application is not filled out completely and signed;
    (2)-(4) [Reserved]
    (5) The application (other an application filed on FCC Form 175) 
does not include an environmental assessment as required for an action 
that may have a significant impact upon the environment, as defined in 
Sec. 1.1307 of this chapter.
    (6) [Reserved]
    (7) The application is filed prior to the Public Notice issued under 
Sec. 24.705, announcing the application filing date for the relevant 
auction or after the cutoff date prescribed in that Public Notice.
    (c) [Reserved]
    (d) If an applicant is requested by the Commission to file any 
documents or any supplementary or explanatory information not 
specifically required in the prescribed application form, a failure to 
comply with such request within a specified time period will be deemed 
to render the application defective and will subject it to dismissal.



Sec. 24.821  Inconsistent or conflicting applications.

    While an application is pending and undecided, no subsequent 
inconsistent or conflicting application may be filed by the same 
applicant, its successor or assignee, or on behalf or for the benefit of 
the same applicant, its successor or assignee.



Sec. 24.822  Amendment of application to participate in auction for licenses in the broadband Personal Communications Services filed on FCC Form 175.

    (a) The Commission will provide bidders a limited opportunity to 
cure defects in FCC Form 175 specified herein except for failure to sign 
the application and to make certifications, defects which may not be 
cured. See also Sec. 1.2105 of this chapter.
    (b) In broadband PCS, applicants will be permitted to amend their 
Form 175 applications to make minor amendments to correct minor errors 
or defects such as typographical errors. Applicants will also be 
permitted to amend FCC Form 175 to make changes to the information 
required by Sec. 24.813(a) (such as ownership changes or changes in the 
identification of parties to bidding consortia), provided such changes 
do not result in a change in control of the applicant and do not involve 
another applicant (or parties in interest to an applicant) who has 
applied for licenses in any of the same geographic license areas as the 
applicant. Amendments which change control of the applicant will be 
considered major amendments. An FCC Form 175 which is amended by a major 
amendment will

[[Page 298]]

be considered to be newly filed and cannot be resubmitted after 
applicable filing deadlines. See also Sec. 1.2105 of this chapter.

[59 FR 37610, July 22, 1994, as amended at 59 FR 53371, Oct. 24, 1994]

    Effective Date Note: At 63 FR 50800, Sept. 23, 1998, Sec. 24.822 was 
removed, effective Nov. 23, 1998.



Sec. 24.823  Amendment of applications for licenses in the broadband Personal Communications Services (other than applications filed on FCC Form 175).

    (a) Amendments as of right. A pending application may be amended as 
a matter of right if the application has not been designated for 
hearing.
    (1) Amendments shall comply with Sec. 24.829, as applicable; and
    (2) Amendments which resolve interference conflicts or amendments 
under Sec. 24.829 may be filed at any time.
    (b) The Commission or the presiding officer may grant requests to 
amend an application designated for hearing only if a written petition 
demonstrating good cause is submitted and properly served upon the 
parties of record.
    (c) Major amendments, minor amendments. The Commission will classify 
all amendments as minor except in the cases listed below. An amendment 
shall be deemed to be a major amendment subject to Sec. 24.827 if it 
proposes a substantial change in ownership or control.
    (d) If a petition to deny (or other formal objection) has been 
filed, any amendment, request for waiver or other written communication 
shall be served on the petitioner, unless waiver of this requirement is 
granted pursuant to paragraph (e) of this section. See also Sec. 1.2108 
of this Chapter.
    (e) The Commission may waive the service requirements of paragraph 
(d) 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.
    (f) Any amendment to an application shall be signed and shall 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.
    (g) An application will be considered to be a newly-filed 
application if it is amended by a major amendment (as defined in this 
section), except in the following circumstances:
    (1)-(2) [Reserved]
    (3) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest;
    (4) [Reserved]
    (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.



Sec. 24.824  [Reserved]



Sec. 24.825  Application for temporary authorizations.

    (a) In circumstances requiring immediate or temporary use of 
facilities, request may be made for 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 
Sec. 24.805 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, at least 10 days prior to the expiration 
date of the existing temporary authorization. The Commission may accept 
a late-filed request upon due showing of sufficient reasons for the 
delay in submitting such request.
    (b) Special temporary authorizations may be granted without regard 
to the 30-day public notice requirements of Sec. 24.827(b) when:

[[Page 299]]

    (1) The authorization is for a period not to exceed 30 days and no 
application for regular operation is contemplated to be filed;
    (2) The authorization is for a period not to exceed 60 days pending 
the filing of an application for such regular operation;
    (3) The authorization is to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as previously authorized; or
    (4) The authorization is made upon a finding that there are 
extraordinary circumstances requiring operation in the public interest 
and that delay in the institution of such service would seriously 
prejudice the public interest.
    (c) Temporary authorizations of operation not to exceed 180 days may 
be granted under the standards of Section 309(f) of the Communications 
Act where extraordinary circumstances so require. Extensions of the 
temporary authorization for a period of 180 days each may also be 
granted, but the applicant bears a heavy burden to show that 
extraordinary circumstances warrant such an extension.
    (d) 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 radio station 
authorizations 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.



Sec. 24.826  Receipt of application; Applications in the broadband Personal Communications Services filed on FCC Form 175 and other applications in the 
          broadband Personal Communications Services.

    (a) All applications for the initial provision of broadband PCS must 
be submitted on FCC Forms 175 and 175-S. Mutually exclusive initial 
applications in the broadband Personal Communications Services are 
subject to competitive bidding. FCC Form 600 (``Application for New or 
Modified Common Carrier Radio Station Under Part 22'') must be submitted 
by each winning bidder for each broadband PCS license for which 
application was made on FCC Form 175. In the event that mutual 
exclusivity does not exist between applicants for a broadband PCS 
license that have filed FCC Form 175, the sole applicant will be 
required to file FCC Form 401. The aforementioned Forms 175, 175-S, and 
401 are subject to the provisions of 47 CFR part 1, subpart Q 
(``Competitive Bidding Proceedings'') and subpart H of this part. 
Blanket licenses are granted for each market frequency block. 
Applications for individual sites are not needed and will not be 
accepted. See Sec. 24.11.
    (b) Applications received for filing are given a file number. The 
assignment of a file number to an application is merely for 
administrative convenience and does not indicate the acceptance of the 
application for filing and processing. Such assignment of a file number 
will not preclude the subsequent return or dismissal of the application 
if it is found to be not in accordance with the Commission's Rules.
    (c) Acceptance of an application for filing merely means that it has 
been the subject of a preliminary review as to completeness. Such 
acceptance will not preclude the subsequent return or dismissal of the 
application if it is found to be defective or not in accordance with the 
Commission's rules. (See Sec. 24.813 for additional information 
concerning the filing of applications.)

[59 FR 37610, July 22, 1994, as amended at 59 FR 59957, Nov. 21, 1994]



Sec. 24.827  Public notice period.

    (a) At regular intervals, the Commission will issue a public notice 
listing:

[[Page 300]]

    (1) The acceptance for filing of all applications and major 
amendments thereto;
    (2) Significant Commission actions concerning applications listed as 
acceptable for filing;
    (3) Information which the Commission in its discretion believes of 
public significance. Such notices are intended solely for the purpose of 
informing the public and do not create any rights in an applicant or any 
other person.
    (4) Special environmental considerations as required by part 1 of 
this chapter.
    (b) The Commission will not grant any application until expiration 
of a period of thirty (30) days following the issuance date of a public 
notice listing the application, or any major amendments thereto, as 
acceptable for filing; provided, however, that the Commission will not 
grant an application filed on Form 600 filed either by a winning bidder 
or by an applicant whom Form 175 application is not mutually exclusive 
with other applicants, until the expiration of a period of forty (40) 
days following the issuance of a public notice listing the application, 
or any major amendments thereto, as acceptable filing. See also 
Sec. 1.2108 of this chapter.
    (c) As an exception to paragraphs (a)(1), (a)(2) and (b) of this 
section, the public notice provisions are not applicable to 
applications:
    (1) For authorization of a minor technical change in the facilities 
of an authorized station where such a change would not be classified as 
a major amendment (as defined by Sec. 24.823) were such a change to be 
submitted as an amendment to a pending application;
    (2) For issuance of a license subsequent to a radio station 
authorization or, pending application for a grant of such license, any 
special or temporary authorization to permit interim operation to 
facilitate completion of authorized construction or to provide 
substantially the same service as would be authorized by such license;
    (3) For extension of time to complete construction of authorized 
facilities (see Sec. 24.203;
    (4) For temporary authorization pursuant to Sec. 24.825(b);
    (5) [Reserved]
    (6) 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));
    (7) For consent to an involuntary assignment or transfer of control 
of a radio authorization; or
    (8) 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.

[59 FR 37610, July 22, 1994, as amended at 59 FR 59957, Nov. 21, 1994]



Sec. 24.828  Dismissal and return of applications.

    (a) Except as provided under Sec. 24.829, any application may be 
dismissed without prejudice as a matter of right if the applicant 
requests its dismissal prior to designation for hearing or, in the case 
of applications filed on Forms 175 and 175-S, prior to auction. An 
applicant's request for the return of his application after it has been 
accepted for filing will be considered to be a request for dismissal 
without prejudice. Applicants requesting dismissal of their applications 
may be subject to penalties contained in Sec. 1.2104 of this chapter. 
Requests for dismissal shall comply with the provisions of Sec. 24.829 
as appropriate.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing only if:
    (1) A written petition is submitted to the Commission and is 
properly served upon all parties of record, and
    (2) The petition complies with the provisions of Sec. 24.829 
(whenever applicable) and demonstrates good cause.
    (c) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal shall be without prejudice if made prior to 
designation for hearing or prior to auction, but dismissal may be made 
with prejudice for unsatisfactory compliance with Sec. 24.829 or after 
designation for hearing or after the applicant is notified that it is 
the winning bidder under the auction process.

[[Page 301]]



Sec. 24.829  Ownership changes and agreements to amend or to dismiss applications or pleadings.

    (a) Applicability. Subject to the provisions of Sec. 1.2105 of this 
chapter (Bidding Application and Certification Procedures; Prohibition 
of Collusion), this section applies to applicants and all other parties 
interested in pending applications who wish to resolve contested matters 
among themselves with a formal or an informal agreement or 
understanding. This section applies only when the agreement or 
understanding will result in:
    (1) A major change in the ownership of an applicant to which 
Secs. 24.823(c) and 24.823(g) apply or which would cause the applicant 
to lose its status as a designated entity under Sec. 24.709, or
    (2) The individual or mutual withdrawal, amendment or dismissal of 
any pending application amendment, petition or other pleading.
    (b) The provisions of Sec. 22.927 of the Commission's Rules will 
apply in the event of the filing of petitions to deny or other pleadings 
or informal objections filed against broadband PCS applications. The 
provisions of Sec. 22.928 of the Commission's Rules will apply in the 
event of dismissal of broadband PCS applications. The provisions of 
Sec. 22.929 of the Commission's Rules will apply in the event of threats 
to file petitions to deny or other pleadings or informal objections 
against broadband PCS applications.

[59 FR 37610, July 22, 1994, as amended at 59 FR 53371, Oct. 24, 1994]



Sec. 24.830  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec. 1.2108 of this chapter and 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 Secs. 1.41 through 1.52 of 
this chapter except where otherwise provided in Sec. 1.2108 of this 
chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;
    (4) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of any such application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline); and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date of filing thereof with the 
Commission.
    (b) A petition to deny a major amendment to a previously-filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying 
previously-filed application. This subsection does not apply, however, 
to petitioners who gain standing because of the major amendment.



Sec. 24.831  Mutually exclusive applications.

    (a) The Commission will consider applications for broadband PCS 
licenses to be mutually exclusive if they relate to the same 
geographical boundaries (MTA or BTA) and are timely filed for the same 
frequency block.
    (b) Mutually exclusive applications filed on Form 175 for the 
initial provision of broadband PCS are subject to competitive bidding in 
accordance with the procedures in subpart H of this part and in part 1, 
subpart Q of this chapter.
    (c) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.
    (d)-(j) [Reserved]



Sec. 24.832  Consideration of applications.

    (a) Applications for an instrument of authorization will be granted 
if, upon examination of the application and

[[Page 302]]

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. See also Sec. 1.2108 of this chapter.
    (b) The grant shall be without a formal hearing if, upon 
consideration of the application, any pleadings or 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 a post-auction hearing or to 
comparative consideration pursuant to Sec. 24.831 with another 
application(s);
    (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 qualified under current FCC regulations and 
policies.
    (c) If the Commission should grant without a formal hearing an 
application for an instrument of authorization which is subject to a 
petition to deny filed in accordance with Sec. 24.830, the Commission 
will deny the petition by the issuance of a Memorandum Opinion and Order 
which will concisely state the reasons for the denial and dispose of all 
substantial issues raised by the petition.
    (d) 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 shall inform 
the applicant of the reasons therefor, and the grant shall 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 which:
    (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.
    (e) 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 (see 
also Sec. 1.2108 of this Chapter);
    (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; or
    (3) The application is entitled to comparative consideration (under 
Sec. 24.831) with another application (or applications).
    (f) The Commission may grant, deny or take other action with respect 
to an application designated for a formal hearing pursuant to paragraph 
(e) of this section or part 1 of this chapter.
    (g) [Reserved]
    (h) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.



Sec. 24.833  Post-auction divestitures.

    Any parties sharing a common non-controlling ownership interest who 
aggregate more PCS spectrum among them than a single entity is entitled 
to hold (See Secs. 20.6(e), 24.710, 24.204, 24.229(c) of this chapter) 
will be permitted to divest sufficient properties within 90 days of the 
license grant to come into compliance with the spectrum aggregation 
limits as follows:
    (a) The broadband PCS applicant shall submit a signed statement with 
its long-form application stating that sufficient properties will be 
divested within 90 days of the license grant. If the licensee is 
otherwise qualified, the Commission will grant the applications subject 
to a condition that the licensee come into compliance with the PCS 
spectrum aggregation limits within 90 days of grant.

[[Page 303]]

    (b) Within 90 days of license grant, the licensee must certify that 
the applicant and all parties to the application have come into 
compliance with the PCS spectrum aggregation limits. If the licensee 
fails to submit the certification within 90 days, the Commission will 
immediately cancel all broadband PCS licenses won by the applicant, 
impose the default penalty and, based on the facts presented, take any 
other action it may deem appropriate. Divestiture may be to an interim 
trustee if a buyer has not been secured in the required time frame, as 
long as the applicant has no interest in or control of the trustee, and 
the trustee may dispose of the property as it sees fit. In no event may 
the trustee retain the property for longer than six months from grant of 
license.

[59 FR 53371, Oct. 24, 1994]



Secs. 24.834-24.838  [Reserved]



Sec. 24.839  Transfer of control or assignment of license.

    (a) Approval required. Authorization shall be transferred or 
assigned to another party, voluntarily (for example, by contract) or 
involuntarily (for example, by death, bankruptcy or legal disability), 
directly or indirectly or by transfer of control of any corporation 
holding such authorization, only upon application and approval by the 
Commission. A transfer of control or assignment of station authorization 
in the broadband Personal Communications Service is also subject to 
Secs. 24.711(e), 24.712(d), 24.713(b), 24.717(c) (unjust enrichment) and 
1.2111(a) (reporting requirement).
    (1) Forbearance from pro forma assignments and transfers of control. 
PCS licensees that are telecommunications carriers as defined in 47 
U.S.C. 153 are subject to streamlined procedures for pro forma, i.e., 
non-substantial, transfers and assignments.
    (2) A pro forma assignee or transferee is not required to seek prior 
FCC approval for the transaction, but must notify the FCC no later than 
30 days after the event causing the assignment or transfer, either by 
filing an FCC Form 490 or in letter form. If a letter is submitted, it 
must contain a certification that the transfer or assignment is non-
substantial and, together with all previous non-substantial 
transactions, does not involve a change in the licensee's ultimate 
control. A single letter may be filed for a transfer or assignment of 
control of more than one authorization if each authorization affected is 
identified by call sign in the letter. Licensees must concurrently 
update ownership information on their FCC Form 430, if necessary.
    (b) Forms required. (1) Assignment. (i) FCC Form 490 shall be filed 
to assign a license or permit.
    (ii) In the case of involuntary assignment, FCC Form 490 shall be 
filed within thirty (30) days following the event giving rise to the 
assignment.
    (2) Transfer of control.
    (i) FCC Form 490 shall be submitted in order to transfer control of 
a corporation holding a license or permit.
    (ii) In the case of involuntary transfer of control, FCC Form 490 
shall be filed within thirty (30) days following the event giving rise 
to the transfer.
    (3) Form 430. Whenever an application must be filed under paragraphs 
(a)(1) or (2) of this section, the assignee or transferee shall file FCC 
Form 430 (``Common Carrier Radio License Qualification Report'') unless 
an accurate report is on file with the Commission.
    (4) Notification of completion. The Commission shall be notified by 
letter of the date of completion of the assignment or transfer of 
control.
    (5) If the transfer of control of a license is approved, the new 
licensee is held to the original construction requirement of 
Sec. 24.203.
    (c) In acting upon applications for transfer of control or 
assignment, the Commission will not consider whether the public 
interest, convenience and necessity might be served by the transfer or 
assignment of the authorization to a person other than the proposed 
transferee or assignee.
    (d) Restrictions on Assignments and Transfers of Licenses for 
Frequency Blocks C and F. No assignment or transfer of control of a 
license for frequency Block C or frequency Block F will be granted 
unless--
    (1) The application for assignment or transfer of control is filed 
after five years from the date of the initial license grant; or

[[Page 304]]

    (2) The proposed assignee or transferee meets the eligibility 
criteria set forth in Sec. 24.709 at the time the application for 
assignment or transfer of control is filed, or the proposed assignee or 
transferee holds other license(s) for frequency blocks C and F and, at 
the time of receipt of such license(s), met the eligibility criteria set 
forth in Sec. 24.709;
    (3) The application is for partial assignment of a partitioned 
service area to a rural telephone company pursuant to Sec. 24.714 and 
the proposed assignee meets the eligibility criteria set forth in 
Sec. 24.709;
    (4) The application is for an involuntary assignment or transfer of 
control to a bankruptcy trustee appointed under involuntary bankruptcy, 
an independent receiver appointed by a court of competent jurisdiction 
in a foreclosure action, or, in the event of death or disability, to a 
person or entity legally qualified to succeed the deceased or disabled 
person under the laws of the place having jurisdiction over the estate 
involved; provided that, the applicant requests a waiver pursuant to 
this paragraph; or
    (5) The assignment or transfer of control is pro forma.
    (e) If the assignment or transfer of control of a license is 
approved, the assignee or transferee is subject to the original 
construction requirement of Sec. 24.203.

[59 FR 37610, July 22, 1994, as amended at 59 FR 63238, Dec. 7, 1994; 61 
FR 33870, July 1, 1996; 63 FR 10344, Mar. 3, 1998]



Secs. 24.840-24.842  [Reserved]



Sec. 24.843  Extension of time to complete construction.

    (a) If construction is not completed within the time period set 
forth in Sec. 24.203, the authorization will automatically expire. 
Before the period for construction expires an application for an 
extension of time to complete construction (FCC Form 489) may be filed. 
See paragraph (b) of this section. Within 30 days after the 
authorization expires an application for reinstatement may be filed on 
FCC Form 489.
    (b) Extension of Time to Complete Construction. An application for 
extension of time to complete construction may be made on FCC Form 489. 
Extension of time requests must be filed prior to the expiration of the 
construction period. Extensions will be granted only if the licensee 
shows that the failure to complete construction is due to causes beyond 
its control.
    (c) An application for modification of an authorization (under 
construction) does not extend the initial construction period. If 
additional time to construct is required, an FCC Form 489 must be 
submitted.
    (d) [Reserved]



Sec. 24.844  Termination of authorization.

    (a) Termination of authorization. (1) All authorizations shall 
terminate on the date specified on the authorization or on the date 
specified by these rules, unless a timely application for renewal has 
been filed.
    (2) If no application for renewal has been made before the 
authorization's expiration date, a late application for renewal will be 
considered only if it is filed within thirty (30) days of the expiration 
date and shows that the failure to file a timely application was due to 
causes beyond the applicant's control. During this 30-day period, a 
reinstatement application must be filed on FCC Form 489. Service to 
subscribers need not be suspended while a late-filed renewal application 
is pending, but such service shall be without prejudice to Commission 
action on the renewal application and any related sanctions. See also 
Sec. 24.16 (Criteria for Comparative Renewal Proceedings).
    (b) Termination of special temporary authorization. A special 
temporary authorization shall automatically terminate upon failure to 
comply with the conditions in the authorization.
    (c) [Reserved]



PART 25--SATELLITE COMMUNICATIONS--Table of Contents




                           Subpart A--General

Sec.
25.101  Basis and scope.
25.102  Station authorization required.
25.103  Definitions.
25.104  Preemption of local zoning of earth stations.
25.105-25.108  [Reserved]
25.109  Cross-reference.

[[Page 305]]

                  Subpart B--Applications and Licenses

                 General Application Filing Requirements

25.110  Filing of applications, fees, and number of copies.
25.111  Additional information.
25.112  Defective applications.
25.113  Construction permits, station licenses, launch authority.
25.114  Applications for space station authorizations.
25.115  Application for earth station authorizations.
25.116  Amendments to applications.
25.117  Modification of station license.
25.118  Modifications not requiring prior authorization.
25.119  Assignment or transfer of control of station authorization.
25.120  Application for special temporary authorization.
25.121  License term and renewals.

                             Earth Stations

25.130  Filing requirements for transmitting earth stations.
25.131  Filing requirements for receive-only earth stations.
25.132  Verification of earth station antenna performance standards.
25.133  Period of construction; certification of commencement of 
          operation.
25.134  Licensing provisions of Very Small Aperture Terminal (VSAT) 
          networks.
25.135  Licensing provisions for earth station networks in the non-
          voice, non-geostationary mobile-satellite service.
25.136  Operating provisions for earth station networks in the 1.6/2.4 
          GHz mobile-satellite service.
25.137  Application requirements for earth stations operating with non-
          U.S. licensed space stations.

                             Space Stations

25.140  Qualifications of fixed-satellite space station licensees.
25.141  Licensing provisions for the radiodetermination satellite 
          service.
25.142  Licensing provisions for the non-voice, non-geostationary 
          mobile-satellite service.
25.143  Licensing provisions for the 1.6/2.4 GHz mobile-satellite 
          service.
25.144  Licensing provisions for the 2.3 GHz satellite digital audio 
          radio service.
25.145  Licensing conditions for the Fixed-Satellite Service in the 20/
          30 GHz bands.

                       Processing of Applications

25.150  Receipt of applications.
25.151  Public notice period.
25.152  Dismissal and return of applications.
25.153  Repetitious applications.
25.154  Opposition to applications and other pleadings.
25.155  Mutually exclusive applications.
25.156  Consideration of applications.

   Forfeiture, Termination, and Reinstatement of Station Authorization

25.160  Administrative sanctions.
25.161  Automatic termination of station authorization.
25.162  Cause for termination of interference protection.
25.163  Reinstatement.

                     Subpart C--Technical Standards

25.201  Definitions.
25.202  Frequencies, frequency tolerance and emission limitations.
25.203  Choice of sites and frequencies.
25.204  Power limits.
25.205  Minimum angle of antenna elevation.
25.206  Station identification.
25.207  Cessation of emissions.
25.208  Power flux density limits.
25.209  Antenna performance standards.
25.210  Technical requirements for space stations in the Fixed-Satellite 
          Service.
25.211  Video transmissions in the Fixed-Satellite Service.
25.212  Narrowband transmissions in the Fixed-Satellite Service.
25.213  Inter-Service coordination requirements for the 1.6/2.4 GHz 
          mobile-satellite service.
25.214  Technical requirements for space stations in the satellite 
          digital audio radio service.
25.215-25.249  [Reserved]
25.250  Sharing between NGSO MSS Feeder links Earth Stations in the 
          19.3-19.7 GHz and 29.1-29.5 GHz Bands.
25.251  Special requirements for coordination.
25.252-25.256  [Reserved]
25.257  Special requirements for operations in the band 29.1-29.25 GHz 
          between NGSO MSS and LMDS.
25.258  Sharing between NGSO MSS Feeder links Stations and GSO FSS 
          services in the 29.25-29.5 GHz Bands.
25.259  Time sharing between NOAA meteorological satellite systems and 
          non-voice, non-geostationary satellite systems in the 137-138 
          MHz band.
25.260  Time sharing between DoD meteorological satellite systems and 
          non-voice, non-geostationary satellite systems in the 400.15-
          401 MHz band.

                     Subpart D--Technical Operations

25.271  Control of transmitting stations.
25.272  General inter-system coordination procedures.
25.273  Duties regarding space communications transmissions.
25.274  Procedures to be followed in the event of harmful interference.

[[Page 306]]

25.275  Particulars of operation.
25.276  Points of communication.
25.277  Temporary fixed earth station operations.
25.278  Additional coordination obligation for non-geostationary and 
          geostationary satellite systems in frequencies allocated to 
          the fixed-satellite service.
25.279  Inter-satellite service.
25.280  Inclined orbit operations.
25.281  Automatic Transmitter Identification System (ATIS).

                          Subpart E [Reserved]

           Subpart F--Competitive Bidding Procedures for DARS

25.401  Satellite DARS applications subject to competitive bidding.
25.402  Competitive bidding mechanisms.
25.403  Bidding application and certification procedures.
25.404  Submission of down payment and filing of long-form applications.
25.405  Prohibition of collusion.
25.406  License grant, denial, default, and disqualification.

                          Subpart G [Reserved]

 Subpart H--Authorization To Own Stock in the Communications Satellite 
                               Corporation

25.501  Scope of this subpart.
25.502  Definitions.
25.503-25.504  [Reserved]
25.505  Persons requiring authorization.
25.506-25.514  [Reserved]
25.515  Method of securing authorization.
25.516-25.519  [Reserved]
25.520  Contents of application.
25.521  Who may sign applications.
25.522  Full disclosures.
25.523  Form of application, number of copies, fees, etc.
25.524  [Reserved]
25.525  Action upon applications.
25.526  Amendments.
25.527  Defective applications.
25.528-25.529  [Reserved]
25.530  Scope of authorization.
25.531  Revocation of authorization.

                Subpart I--Equal Employment Opportunities

25.601  Equal employment opportunity requirement.

    Authority: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 
U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.



                           Subpart A--General



Sec. 25.101  Basis and scope.

    (a) The rules and regulations in this part are issued pursuant to 
the authority contained in section 201(c)(11) of the Communications 
Satellite Act of 1962, as amended, section 501(c)(6) of the 
International Maritime Satellite Telecommunications Act, and titles I 
through III of the Communications Act of 1934, as amended.
    (b) The rules and regulations in this part supplement, and are in 
addition to the rules and regulations contained in or to be added to, 
other parts of this chapter currently in force, or which may 
subsequently be promulgated, and which are applicable to matters 
relating to communications by satellites.

[28 FR 13037, Dec. 5, 1963, as amended at 56 FR 24015, May 28, 1991]



Sec. 25.102  Station authorization required.

    (a) No person shall use or operate apparatus for the transmission of 
energy or communications or signals by space or earth stations except 
under, and in accordance with, an appropriate authorization granted by 
the Federal Communications Commission.
    (b) Protection from impermissible levels of interference to the 
reception of signals by earth stations in the Fixed-Satellite Service 
from terrestrial stations in a co-equally shared band is provided 
through the authorizations granted under this part.

[56 FR 24016, May 28, 1991]



Sec. 25.103  Definitions.

    (a) Communications common carrier. The term ``communications common 
carrier'' as used in this part means any person (individual, 
partnership, association, joint-stock company, trust, corporation, or 
other entity) engaged as a common carrier for hire, in interstate or 
foreign communication by wire or radio or in interstate or foreign radio 
transmission of energy, including such carriers as are described in 
subsection 2(b) (2) and (3) of the Communications Act of 1934, as 
amended, and, in addition, for purposes of subpart H of this part, 
includes any individual, partnership, association, joint-stock

[[Page 307]]

company, trust, corporation, or other entity which owns or controls, 
directly or indirectly, or is under direct or indirect common control 
with, any such carrier.
    (b) Authorized carrier. (1) Except as provided in paragraph (b)(2) 
of this section, the term ``authorized carrier'' means a communications 
common carrier which is authorized by the Federal Communications 
Commission under the Communications Act of 1934, as amended, to provide 
services by means of communications satellites.
    (2) For the purposes of subpart H of this part, the term 
``authorized carrier'' means a communications common carrier which is 
specifically authorized or which is a member of a class of carriers 
authorized by the Commission to own shares of stock in the corporation.
    (c) Communications satellite corporation. (1) The terms 
``communications satellite corporation'' or ``corporation'' as used in 
this part mean the corporation created pursuant to the provisions of 
Title III of the Communications Satellite Act of 1962.
    (2) The corporation shall be deemed to be a common carrier within 
the meaning of section 3(h) of the Communications Satellite Act of 1962.
    (d) Communication-satellite earth station complex. The term 
communication-satellite earth station complex includes transmitters, 
receivers, and communications antennas at the earth station site 
together with the interconnecting terrestrial facilities (cables, lines, 
or microwave facilities) and modulating and demodulating equipment 
necessary for processing of traffic received from the terrestrial 
distribution system(s) prior to transmission via satellite and of 
traffic received from the satellite prior to transfer of channels of 
communication to terrestrial distribution system(s).
    (e) Communication-satellite earth station complex functions. The 
communication-satellite earth station complex interconnects with 
terminal equipment of common carriers or authorized entities at the 
interface; accepts traffic from such entities at the interface, 
processes for transmission via satellite and performs the transmission 
function; receives traffic from a satellite or satellites, processes it 
in a form necessary to deliver channels of communication to terrestrial 
common carriers or such other authorized entities and delivers the 
processed traffic to such entities at the interface.
    (f) Interface. The point of interconnection between two distinct but 
adjacent communications systems having different functions. The 
interface in the communication-satellite service is that point where 
communications terminal equipment of the terrestrial common carriers or 
other authorized entities interconnects with the terminal equipment of 
the communication-satellite earth station complex. The interface in the 
communication-satellite service shall be located at the earth station 
site, or if this is impracticable, as close thereto as possible.

[28 FR 13037, Dec. 5, 1963, as amended at 31 FR 3289, Mar. 2, 1966]



Sec. 25.104  Preemption of local zoning of earth stations.

    (a) Any state or local zoning, land-use, building, or similar 
regulation that materially limits transmission or reception by satellite 
earth station antennas, or imposes more than minimal costs on users of 
such antennas, is preempted unless the promulgating authority can 
demonstrate that such regulation is reasonable, except that nonfederal 
regulation of radio frequency emissions is not preempted by this 
section. For purposes of this paragraph (a), reasonable means that the 
local regulation:
    (1) Has a clearly defined health, safety, or aesthetic objective 
that is stated in the text of the regulation itself; and
    (2) Furthers the stated health, safety or aesthetic objective 
without unnecessarily burdening the federal interests in ensuring access 
to satellite services and in promoting fair and effective competition 
among competing communications service providers.
    (b)(1) Any state or local zoning, land-use, building, or similar 
regulation that affects the installation, maintenance, or use of a 
satellite earth station antenna that is two meters or less in diameter 
and is located or proposed to be located in any area where commercial or 
industrial uses are generally

[[Page 308]]

permitted by non-federal land-use regulation shall be presumed 
unreasonable and is therefore preempted subject to paragraph (b)(2) of 
this section. No civil, criminal, administrative, or other legal action 
of any kind shall be taken to enforce any regulation covered by this 
presumption unless the promulgating authority has obtained a waiver from 
the Commission pursuant to paragraph (e) of this section, or a final 
declaration from the Commission or a court of competent jurisdiction 
that the presumption has been rebutted pursuant to paragraph (b)(2) of 
this section.
    (2) Any presumption arising from paragraph (b)(1) of this section 
may be rebutted upon a showing that the regulation in question:
    (i) Is necessary to accomplish a clearly defined health or safety 
objective that is stated in the text of the regulation itself;
    (ii) Is no more burdensome to satellite users than is necessary to 
achieve the health or safety objective; and
    (iii) Is specifically applicable on its face to antennas of the 
class described in paragraph (b)(1) of this section.
    (c) Any person aggrieved by the application or potential application 
of a state or local zoning or other regulation in violation of paragraph 
(a) of this section may, after exhausting all nonfederal administrative 
remedies, file a petition with the Commission requesting a declaration 
that the state or local regulation in question is preempted by this 
section. Nonfederal administrative remedies, which do not include 
judicial appeals of administrative determinations, shall be deemed 
exhausted when:
    (1) The petitioner's application for a permit or other authorization 
required by the state or local authority has been denied and any 
administrative appeal and variance procedure has been exhausted;
    (2) The petitioner's application for a permit or other authorization 
required by the state or local authority has been on file for ninety 
days without final action;
    (3) The petitioner has received a permit or other authorization 
required by the state or local authority that is conditioned upon the 
petitioner's expenditure of a sum of money, including costs required to 
screen, pole-mount, or otherwise specially install the antenna, greater 
than the aggregate purchase or total lease cost of the equipment as 
normally installed; or
    (4) A state or local authority has notified the petitioner of 
impending civil or criminal action in a court of law and there are no 
more nonfederal administrative steps to be taken.
    (d) Procedures regarding filing of petitions requesting declaratory 
rulings and other related pleadings will be set forth in subsequent 
Public Notices. All allegations of fact contained in petitions and 
related pleadings must be supported by affidavit of a person or persons 
with personal knowledge thereof.
    (e) Any state or local authority that wishes to maintain and enforce 
zoning or other regulations inconsistent with this section may apply to 
the Commission for a full or partial waiver of this section. Such 
waivers may be granted by the Commission in its sole discretion, upon a 
showing by the applicant that local concerns of a highly specialized or 
unusual nature create a necessity for regulation inconsistent with this 
section. No application for waiver shall be considered unless it 
specifically sets forth the particular regulation for which waiver is 
sought. Waivers granted in accordance with this section shall not apply 
to later-enacted or amended regulations by the local authority unless 
the Commission expressly orders otherwise.
    (f) a satellite earth station antenna that is designed to receive 
direct broadcast satellite service, including direct-to-home satellite 
services, that is one meter or less in diameter or is located in Alaska 
is covered by the regulations in Sec. 1.4000 of this chapter.

[61 FR 10898, Mar. 18, 1996, as amended at 61 FR 46562, Sept. 4, 1996]

    Effective Date Note:  At 61 FR 46562, Sept. 4, 1996, Sec. 25.104 was 
amended by revising paragraph (b)(1) and adding paragraph (f). These 
paragraphs contain information collection and recordkeeping requirements 
and will not become effective until approval has been given by the 
Office of Management and Budget.

[[Page 309]]



Secs. 25.105-25.108  [Reserved]



Sec. 25.109  Cross-reference.

    The space radiocommunications stations in the following services are 
not licensed under this part:
    (a) Amateur Satellite Service, see 47 CFR part 97.
    (b) Direct Broadcasting Satellite Service, see 47 CFR part 100; and
    (c) Ship earth stations in the Maritime Mobile Satellite Service, 
see 47 CFR part 83.

[56 FR 24016, May 28, 1991]



                  Subpart B--Applications and Licenses

    Source: 56 FR 24016, May 28, 1991, unless otherwise noted.

                 General Application Filing Requirements



Sec. 25.110  Filing of applications, fees, and number of copies.

    (a) Standard application forms applicable to this part may be 
obtained by writing Federal Communications Commission, Forms 
Distribution Center, 2803 52nd Ave., Hyattsville, MD 20781 or calling 
(202) 632-FORM.
    (b) Applications for satellite radio station authorizations governed 
by this part and requiring a fee shall be mailed or hand-delivered to 
the locations specified in part 1, subpart G of this chapter. All other 
applications shall be submitted to the Secretary, Federal Communications 
Commission, 1919 M Street, N.W., Washington, DC 20554.
    (c) All correspondence and amendments concerning an application 
shall clearly identify the satellite radio service, the name of the 
applicant, station location, the call sign or other identification of 
the station, and the file number of the application involved (if 
available).
    (d) Except as otherwise specified, all applications, amendments, and 
correspondence shall be submitted in triplicate, including exhibits and 
attachments thereto. All matters relating to space station applications 
shall be submitted as an original and nine copies.
    (e) The original copy of the application shall be signed as 
specified in Sec. 1.743 of this chapter, and shall supply the 
information prescribed by this part for the particular authorization 
requested. All other copies may be conformed.
    (f) Each application shall be accompanied by the appropriate fee, 
specified by, and submitted in accordance with, subpart G of part 1 of 
this chapter.

[56 FR 24016, May 28, 1991, as amended at 60 FR 5333, Jan. 27, 1995; 61 
FR 9951, Mar. 12, 1996]



Sec. 25.111  Additional information.

    (a) The Commission may request from any party at any time additional 
information concerning any application, or any other submission or 
pleading regarding an application, filed under this part.
    (b) Applicants, permittees and licensees of radio stations governed 
by this part shall provide the Commission with all information it 
requires for the Advance Publication, coordination and notification of 
frequency assignments pursuant to the international Radio Regulations 
and consultations required by Article XIV of the INTELSAT Agreement and 
Article 8 of the INMARSAT Convention. This information includes, but is 
not limited to, that specified in appendices 3 and 4 of the Radio 
Regulations (Geneva 1979). No protection from interference caused by 
radio stations authorized by other Administrations is guaranteed unless 
coordination procedures are timely completed or, with respect to 
individual administrations, by successfully completing coordination 
agreements. Any radio station authorization for which coordination has 
not been completed may be subject to additional terms and conditions as 
required to effect coordination of the frequency assignments with other 
Administrations.



Sec. 25.112  Defective applications.

    (a) An application will be unacceptable for filing and will be 
returned to the applicant with a brief statement identifying the 
omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, internal inconsistencies, 
execution, or other matters of a formal character; or

[[Page 310]]

    (2) The application does not substantially comply with the 
Commission's rules, regulations, specific requests for additional 
information, or other requirements.
    (b) Applications considered defective under paragraph (a) 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;
    (2) The Commission, upon its own motion, waives (or allows an 
exception to), in whole or in part, any rule, regulation or requirement.
    (c) If an applicant is requested by the Commission to file any 
additional information or any supplementary or explanatory information 
not specifically required in the prescribed application form or these 
rules, a failure to comply with the request within a specified time 
period will be deemed to render the application defective and will 
subject it to dismissal.



Sec. 25.113  Construction permits, station licenses, launch authority.

    (a) Except as provided in paragraph (b) of this section or in 
Sec. 25.131, construction permits must be obtained for all fixed, 
temporary fixed or mobile earth stations governed by this part. 
Simultaneous application for a construction permit and station license 
may be made for all earth station facilities governed by this part.
    (b) Construction permits are not required for satellite earth 
stations that operate with U.S.-licensed or non-U.S. licensed space 
stations. Construction of such stations may commence prior to grant of a 
license at the applicant's own risk. Applicants must comply with the 
provisions of 47 CFR 1.1312 relating to environmental processing prior 
to commencing construction.
    (c) FAA notification. Before the construction of new antenna 
structures or alteration in the height of existing antenna structures is 
authorized by the FCC, a Federal Aviation Administration (FAA) 
determination of ``no hazard'' may be required. To apply for this 
determination, the FAA must be notified of the planned construction. 
Criteria used to determine whether FAA notification is required for a 
particular antenna structure are contained in part 17 of this chapter. 
Applications proposing construction of one or more new antenna 
structures or alteration of the overall height of one or more existing 
antenna structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the reason is obvious (e.g. structure height is less 
than 6.10 meters AGL) must contain a statement explaining why FAA 
notification is not required.
    (d) Painting and lighting. The owner of each antenna structure 
required to be painted and/or illuminated under the provisions 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.
    (e) Antenna Structure Registration Number. Applications proposing 
construction of one or more new antenna structures or alteration of the 
overall height of one or more existing structures, where FAA 
notification prior to such construction or alteration is required by 
part 17 of this chapter, must include the FCC Antenna Structure 
Registration Number(s) for the affected structure(s). If no such number 
has been assigned at the time the application is filed, the applicant 
must state in the application whether or not the antenna structure owner 
has notified the FAA of the proposed construction or alteration and 
applied to the FCC for an Antenna Structure Registration Number in 
accordance with part 17 of this chapter for the antenna structure in 
question.
    (f) Construction permits are not required for U.S.-licensed space 
stations. Construction of such stations may commence, at the applicant's 
own risk, prior to grant of a license. Prior to commencing construction, 
however, applicants must notify the Commission

[[Page 311]]

in writing they plan to begin construction at their own risk.
    (g) A launch authorization and station license (i.e., operating 
authoirty) must be applied for and granted before a space station may be 
launched and operated in orbit. Request for launch authorization may be 
included in an application for space station license. However, an 
application for authority to launch and operate an on-ground spare 
satellite will be considered to be a newly filed application for cut-off 
purposes, except where the space station to be launched is determined to 
be an emergency replacement for a previously authorized space station 
that has been lost as a result of a launch failure or a catastrophic in-
orbit failure.

[56 FR 24016, May 28, 1991, as amended at 61 FR 4366, Feb. 6, 1996; 61 
FR 9951, Mar. 12, 1996; 61 FR 55582, Oct. 28, 1996; 62 FR 5927, Feb. 10, 
1997; 62 FR 64172, Dec. 4, 1997]



Sec. 25.114  Applications for space station authorizations.

    (a) A comprehensive proposal shall be submitted for each proposed 
space station on FCC Form 312, Main Form, together along with attached 
exhibits as described in paragraph (c) of this section. If an applicant 
is proposing more than one space station, information common to all 
space stations may be submitted in a consolidated system proposal.
    (b) Each application for a new or modified space station 
authorization must constitute a concrete proposal for Commission 
evaluation, although the applicant may propose alternatives that 
increase flexibility in accommodating the satellite in orbit. Each 
application must also contain the formal waiver required by Section 304 
of the Communications Act, 47 U.S.C. 304. The technical information for 
a proposed satellite system need not be filed on any prescribed form but 
should be complete in all pertinent details. The format of the 
applications should conform to the specifications of Sec. 1.49 of this 
chapter.
    (c) The following information in narrative form shall be contained 
in each application:
    (1) Name, address, and telephone number of the applicant;
    (2) Name, address, and telephone number of the person(s), including 
counsel, to whom inquiries or correspondence should be directed;
    (3) Type of authorization requested (e.g., launch authority, station 
license, modification of authorization);
    (4) General description of overall system facilities, operations and 
services;
    (5) Radio frequencies and polarization plan (including beacon, 
telemetry, and telecommand functions), center frequency and polarization 
of transponders (both receiving and transmitting frequencies), emission 
designators and allocated bandwidth of emission, final amplifier output 
power (identify any net losses between output of final amplifier and 
input of antenna and specify the maximum EIRP for each antenna beam), 
identification of which antenna beams are connected or switchable to 
each transponder and TT&C function, receiving system noise temperature, 
the relationship between satellite receive antenna gain pattern and 
gain-to-temperature ratio and saturation flux density for each antenna 
beam (may be indicated on antenna gain plot), the gain of each 
transponder channel (between output of receiving antenna and input of 
transmitting antenna) including any adjustable gain step capabilities, 
and predicted receiver and transmitter channel filter response 
characteristics;
    (6)(i) For satellites in geostationary-satellite orbit, orbital 
location, or locations if alternatives are proposed, requested for the 
satellite, the factors that support such an orbital assignment, the 
range of orbital locations from which adequate service can be provided 
and the basis for determining that range of orbital locations, and a 
detailed explanation of all factors that would limit the orbital arc 
over which the satellite could adequately serve its expected users;
    (ii) For satellites in non-geostationary-satellite orbits, the 
number of space stations and applicable information relating to the 
number of orbital planes, the inclination of the orbital plane(s), the 
orbital period, the apogee, the perigee, the argument(s) of perigee, 
active service arc(s), and right ascension of the ascending node(s); and

[[Page 312]]

    (iii) For 1.6/2.4 GHz Mobile-Satellite Service space stations, the 
feeder link frequencies requested for the satellite, together with the 
demonstration required by Sec. 25.203 (j) and (k);
    (7) Predicted space station antenna gain contour(s) for each 
transmit and each receive antenna beam and nominal orbital location 
requested. These contour(s) should be plotted on an area map at 2 dB 
intervals down to 10 dB below the peak value of the parameter and at 5 
dB intervals between 10 dB and 20 dB below the peak values, with the 
peak value and sense of polarization clearly specified on each plotted 
contour;
    (8) A description of the types of services to be provided, and the 
areas to be served, including a description of the transmission 
characteristics and performance objectives for each type of proposed 
service, details of the link noise budget, typical or baseline earth 
station parameters, modulation parameters, and overall link performance 
analysis (including an analysis of the effects of each contributing 
noise and interference source);
    (9) For satellites in geostationary-satellite orbit, accuracy with 
which the orbital inclination, the antenna axis attitude, and 
longitudinal drift will be maintained;
    (10) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec. 25.208;
    (11) Arrangement for tracking, telemetry, and control;
    (12) Physical characteristics of the space station including weight 
and dimensions of spacecraft, detailed mass (on ground and in-orbit) and 
power (beginning and end of life) budgets, and estimated operational 
lifetime and reliability of the space station and the basis for that 
estimate;
    (13) Detailed information demonstrating the financial qualifications 
of the applicant to construct and launch the proposed satellites. 
Applications shall provide the financial information required by 
Sec. 25.140 (b) through (e), Sec. 25.142(a)(4), or Sec. 25.143(b)(3), as 
appropriate;
    (14) A clear and detailed statement of whether the space station is 
to be operated on a common carrier basis, or whether non-common carrier 
transactions are proposed. If non-common carrier transactions are 
proposed, describe the nature of the transactions and specify the number 
of transponders to be offered on a non-common carrier basis;
    (15) Dates by which construction will be commenced and completed, 
launch date, and estimated date of placement into service;
    (16) Public interest considerations in support of grant;
    (17) Applications for authorizations for domestic fixed-satellite 
space stations shall also include the information specified in 
Sec. 25.140;
    (18) Applications for authorizations in the Radiodetermination 
Satellite Service shall also include the information specified in 
Sec. 25.141;
    (19) Applications for authorizations in the Mobile-Satellite Service 
in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also provide 
all information necessary to comply with the policies and procedures set 
forth in Rules and Policies Pertaining to the Use of Radio Frequencies 
in a Land Mobile Satellite Service, 2 FCC Rcd 485 (1987) (Available at 
address in Sec. 0.445 of this chapter.);
    (20) Applications to license multiple space station systems in the 
non-voice, non-geostationary mobile-satellite service under blanket 
operating authority shall also provide all information specified in 
Sec. 25.142; and
    (21) Applications for authorizations in the 1.6/2.4 GHz Mobile-
Satellite Service shall also provide all information specified in 
Sec. 25.143.
    (d) Applicants requesting authority to launch and operate a system 
comprised of technically identical, non-geostationary satellite orbit 
space stations may file a single ``blanket'' application containing the 
information specified in paragraph (c) of this section for each 
representative space station.

[62 FR 5927, Feb. 10, 1997]



Sec. 25.115  Application for earth station authorizations.

    (a) Transmitting earth stations. Except as provided under 
Sec. 25.113(b), Commission authorization must be obtained for authority 
to construct and/

[[Page 313]]

or operate a transmitting earth station. Applications shall be filed on 
FCC Form 312, Main Form and Schedule B, and include the information 
specified in Sec. 25.130.
    (b) Receive-only earth stations. Applications to license or register 
receive only earth stations shall be filed on FCC Form 312, Main Form 
and Schedule B, and conform to the provisions of Sec. 25.131.
    (c) Large Networks of Small Antennas operating in the 12/14 GHz 
frequency bands with U.S.-licensed or non-U.S. licensed satellites for 
domestic services. Applications to license small antenna network systems 
operating in the 12/14 GHz frequency band under blanket operating 
authority shall be filed on FCC Form 312, Main Form and Schedule B, for 
each large (5 meters or larger) hub station, and Schedule B for each 
representative type of small antenna (less than 5 meters) operating 
within the network.
    (d) User transceivers in the NVNG and 1.6/2.4 GHz Mobile-Satellite 
Service need not be individually licensed. Service vendors may file 
blanket applications for transceivers units using FCC Form 312, Main 
Form and Schedule B, and specifying the number of units to be covered by 
the blanket license. Each application for a blanket license under this 
section shall include the information described in Sec. 25.135.

[62 FR 5928, Feb. 10, 1997, as amended at 62 FR 64172, Dec. 4, 1997]



Sec. 25.116  Amendments to applications.

    (a) Unless otherwise specified, any pending application may be 
amended until designated for hearing, a public notice is issued stating 
that a substantive disposition of the application is to be considered at 
a forthcoming Commission meeting, or a final order disposing of the 
matter is adopted by the Commission.
    (b) Major amendments submitted pursuant to paragraph (a) of this 
section are subject to the public notice requirements of Sec. 25.151. An 
amendment will be deemed to be a major amendment under the following 
circumstances:
    (1) If the amendment increases the potential for interference, or 
changes the proposed frequencies or orbital locations to be used.
    (2) If the amendment would convert the proposal into an action that 
may have a significant environmental effect under Sec. 1.1307 of this 
chapter.
    (3) 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, provided however, that the change 
would not be considered major where it merely amends an application to 
reflect a change in ownership or control of the station that had been 
previously approved by the Commission.
    (4) 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.
    (c) Any application will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
paragraph (b) of this section) after a ``cut-off'' date applicable to 
the application, except under the following circumstances:
    (1) The amendment resolves frequency conflicts with authorized 
stations or other pending applications but does not create new or 
increased frequency conflicts;
    (2) 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 a ``cut-off'' date is granted;
    (3) 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
    (4) 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.
    (d) Any amendment to an application shall be signed and submitted in 
the

[[Page 314]]

same manner, and with the same number of copies, as was the original 
application.



Sec. 25.117  Modification of station license.

    (a) Except as provided for in Sec. 25.118 (Modifications not 
requiring prior authorization), no modification of a radio station 
governed by this part which affects the parameters or terms and 
conditions of the station authorization shall be made except upon 
application to and grant of such application by the Commission. No 
license modification will be required if the licensee seeks to access 
another U.S.-licensed fixed satellite provided:
    (1) Consultations pursuant to Article XIV(d) of the INTELSAT 
Agreement have been completed for the satellites, services and countries 
involved; and
    (2) The operators of the U.S.-licensed systems have received 
specific authorization to provide the services to the proposed 
locations.
    (b) Applications for modification of an earth station license to 
add, change or replace transmitters or antenna facilities conforming to 
Sec. 25.209 will be considered to be minor modifications if the 
particulars of operations remain unchanged and frequency coordination is 
not required, provided however, that the maximum power and power density 
delivered into any antenna at the earth station site shall not exceed 
the values calculated by subtracting the maximum antenna gain specified 
in the license from the maximum authorized e.i.r.p. and e.i.r.p. density 
values.
    (c) Applications for modification of earth station authorizations 
shall be submitted on FCC Form 493 except as set forth in paragraph (e) 
of this section.
    (d) Applications for modifications of space station authorizations 
shall be filed in accordance with Sec. 25.114, but only those items of 
information listed in Sec. 25.114(c) that change need to be submitted 
provided the applicant certifies that the remaining information has not 
changed.
    (e) Any application for modification of authorization to extend a 
required date of completion (e.g., begin construction, complete 
construction, launch, bring into operation) shall be filed on FCC Form 
701 (Application for Additional Time to Construct). The application must 
include a verified statement from the applicant:
    (1) That states the additional time is required due to unforeseeable 
circumstances beyond the applicant's control, describes these 
circumstances with specificity, and justifies the precise extension 
period requested; or
    (2) That states there are unique and overriding public interest 
concerns that justify an extension, identifies these interests and 
justifies a precise extension period.

[56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5928, Feb. 10, 1997]



Sec. 25.118  Modifications not requiring prior authorization.

    (a) Equipment in an authorized earth station may be replaced without 
prior authorization or prior notification if the new equipment is 
electrically identical to the existing equipment. Licensees must notify 
the Commission using FCC Form 312, Main Form, within 30 days after the 
new equipment is installed.
    (b) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization. The licensee must notify the Commission using 
Form 312 within 30 days after the completed change to common carrier 
status.
    (c) Licensees may make changes to their authorized earth stations 
without obtaining prior Commission authorization if frequency 
coordination procedures, as necessary, are complied with in accordance 
with Sec. 25.251, and the modification does not involve:
    (1) An increase in EIRP or EIRP density (both main lobe and side 
lobe);
    (2) An increase in transmitted power;
    (3) A change in coordinates of more than 1 second for stations 
operating in C-Band or 10.95 to 11.7 GHz;
    (4) A change in coordinates of 10 seconds or greater for stations 
operating in Ku-band; or
    (5) An addition to an antenna facility, including hub earth stations 
and remote terminals, that is already licensed, except for VSAT remote 
terminals.

[[Page 315]]

    (d) Licensees must notify the Commission using FCC Form 312 within 
30 days after the modification is completed.

[62 FR 5928, Feb. 10, 1997]



Sec. 25.119  Assignment or transfer of control of station authorization.

    (a) No station license, nor any rights thereunder, shall 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 such license, to any person 
except upon application to the Commission and upon finding by the 
Commission that the pubic interest, convenience and necessity will be 
served thereby.
    (b) For purposes of this section, transfers of control requiring 
Commission approval shall 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) Assignment of license. FCC Form 312, Main Form and Schedule A, 
shall 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, the application should be filed within 10 
days of the event causing the assignment. FCC Form 312, Main Form, and 
Schedule A shall also be used for non-substantial ( pro forma) 
assignments.
    (d) Transfer of control of corporation holding license. FCC Form 
312, Main Form and Schedule A, shall be submitted in order to transfer 
voluntarily or involuntarily (de jure or de facto) control of a 
corporation holding any licenses. In the case of involuntary transfer of 
control, the applications should be filed within 10 days of the event 
causing the transfer of control. FCC Form 312, Main Form and Schedule A 
shall also be used for non-substantial (pro forma) transfers of control.
    (e) Whenever a group of station licenses in the same radio service 
for the same class of facility licensed to the same entity is to be 
assigned or transferred to a single assignee or transferee, a single 
application may be filed to cover the entire group, if the application 
identifies in an exhibit each station by call sign, station location and 
expiration date of license.
    (f) Assignments and transfers of control shall be completed within 
60 days from the date of authorization. Within 30 days of consumation, 
the Commission shall be notified by letter of the date of consummation 
and the file numbers of the applications involved in the transaction.

[56 FR 24016, May 20, 1991; 56 FR 29757, June 20, 1991. Redesignated and 
amended at 62 FR 5928, 5929, Feb. 10, 1997]



Sec. 25.120  Application for special temporary authorization.

    (a) In circumstances requiring immediate or temporary use of 
facilities, request may be made for special temporary authority to 
install and/or operate new or modified equipment. The request must 
contain the full particulars of the proposed operation including all 
facts sufficient to justify the temporary authority sought and the 
public interest therein. No request for temporary authority will be 
considered unless it is received by the Commission at least 3 working 
days prior to the date of proposed construction or operation or, where 
an extension is sought, the expiration date of the existing temporary 
authorization. A request received within less than 3 working days may be 
accepted only upon due showing of extraordinary reasons for the delay in 
submitting the request which could not have been earlier foreseen by the 
applicant. A copy of the request for special temporary authority also 
shall be forwarded to the Commission's Columbia Operations Center in 
Columbia, Maryland.
    (b) The Commission may grant a temporary authorization for a period 
not to exceed 180 days, with additional periods not exceeding 180 days, 
upon a finding that there are extraordinary circumstances requiring 
temporary operations in the public interest and that delay in the 
institution of these temporary operations would seriously prejudice the 
public interest. Convenience

[[Page 316]]

to the applicant, such as marketing considerations of meeting scheduled 
customer in-service dates, will not be deemed sufficient for this 
purpose.
    (c) Each application proposing construction of one or more earth 
station antennas or alteration of the overall height of one or more 
existing earth station antenna structures, where FAA notification prior 
to such construction or alteration is required by part 17 of this 
chapter, must include the FCC Antenna Structure Registration Number(s) 
for the affected satellite earth station antenna(s). If no such number 
has been assigned at the time the application(s) is filed, the applicant 
must state in the application whether the satellite earth station 
antenna owner has notified the FAA of the proposed construction or 
alteration and applied to the FCC for an Antenna Structure Registration 
Number in accordance with part 17 of this chapter. Applications 
proposing construction of one or more earth station antennas or 
alteration of the overall height of one or more existing earth station 
antennas, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the satellite earth station antenna is 6.10 meters or 
less above ground level (AGL), must contain a statement explaining why 
FAA notification is not required.

[56 FR 24016, May 28, 1991, as amended at 61 FR 4367, Feb. 6, 1996. 
Redesignated and amended at 62 FR 5928, 5929, Feb. 10, 1997]



Sec. 25.121  License term and renewals.

    (a) License term. Licenses for facilities governed by this part will 
be issued for a period of 10 years.
    (b) The Commission reserves the right to grant or renew station 
licenses for less than 10 years if, in its judgment, the public 
interest, convenience and necessity will be served by such action.
    (c) For earth stations, the license term will be specified in the 
instrument of authorization.
    (d) Space stations. (1) For geostationary satellite orbit 
satellites, the license term will begin at 3 a.m. EST on the date the 
licensee certifies to the Commission that the satellite has been 
successfully placed into orbit and that the operations of the satellite 
fully conform to the terms and conditions of the space station radio 
authorization.
    (2) For non-geostationary satellite orbit satellites, the license 
term will begin at 3 a.m. EST on the date that the licensee certifies to 
the Commission that its initial space station has been successfully 
placed into orbit and that the operations of that satellite fully 
conform to the terms and conditions of the space station system 
authorization. All space stations launched and brought into service 
during the ten-year license term shall operate pursuant to the system 
authorization, and the operating authority for all space stations will 
terminate upon the expiration of the system license.
    (e) Renewal of licenses. Applications for renewals of earth station 
licenses must be submitted on FCC Form 405 (Application for Renewal of 
Radio Station License in Specified Services) no earlier than 90 days, 
and no later than 30 days, before the expiration date of the license. 
Applications for space station system replacement authorization for non-
geostationary orbit satellites shall be filed no earlier than 90 days, 
and no later than 30 days, prior to the end of the seventh year of the 
existing license term.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994. Redesignated and amended at 62 FR 5928, 5929, 
Feb. 10, 1997]

                             Earth Stations



Sec. 25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, Main Form and Schedule B, 
accompanied by any required exhibits.
    (b) A frequency coordination analysis in accordance with Sec. 25.203 
shall be provided for earth stations transmitting in the frequency bands 
shared with equal rights between terrestrial and space services, except 
that applications for user transceiver units associated with the NVNG 
mobile-satellite service shall instead provide the information required 
by Sec. 25.135 and applications for user transceiver units associated 
with

[[Page 317]]

the 1.6/2.4 GHz Mobile-Satellite Service shall demonstrate that user 
transceiver operations comply with the requirements set forth in 
Sec. 25.213.
    (c) In those cases where an applicant is filing a number of 
essentially similar applications, showings of a general nature 
applicable to all of the proposed stations may be submitted in the 
initial application and incorporated by reference in subsequent 
applications.
    (d) Transmissions of signals or programming to non-U.S. licensed 
satellites, and to and/or from foreign points by means of U.S.-licensed 
fixed satellites may be subject to restrictions as a result of 
international agreements or treaties. The Commission will maintain 
public information on the status of any such agreements.
    (e) Each application proposing construction of one or more earth 
station antennas or alteration of the overall height of one or more 
existing earth station antennas, where FAA notification prior to such 
construction or alteration is required by part 17 of this chapter, must 
include the FCC Antenna Structure Registration Number(s) for the 
affected satellite earth station antenna(s). If no such number has been 
assigned at the time the application(s) is filed, the applicant must 
state in the application whether the satellite earth station antenna 
owner has notified the FAA of the proposed construction or alteration 
and applied to the FCC for an antenna Structure Registration Number in 
accordance with part 17 of this chapter. Applications proposing 
construction of one or more earth station antennas or alteration of the 
overall height of one or more existing earth station antennas, where FAA 
notification prior to such construction or notification or alteration is 
not required by part 17 of this chapter, must indicate such and, unless 
the satellite earth station antenna is 6.10 meters or less above ground 
level (AGL), must contain a statement explaining why FAA notification is 
not required.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994; 61 FR 4367, Feb. 6, 1996; 61 FR 9952, Mar. 12, 
1996; 62 FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997]



Sec. 25.131  Filing requirements for receive-only earth stations.

    (a) Except as provided in paragraphs (b) and (j) of this section, 
applications for a license for a receive-only earth station shall be 
submitted on FCC Form 312, Main Form and Schedule B, accompanied by any 
required exhibits.
    (b) Except as provided in paragraph (j) of this section, receive-
only earth stations in the fixed-satellite service that operate with 
U.S.-licensed satellites may be registered with the Commission in order 
to protect them from interference from terrestrial microwave stations in 
bands shared co-equally with the fixed service in accordance with the 
procedures of Secs. 25.203 and 25.251 through 25.256 of this part.
    (c) Licensing or registration of receive-only earth stations with 
the Commission confers no authority to receive and use signals or 
programming received from satellites. See section 705 of the 
Communications Act. 47 U.S.C. 605.
    (d) Applications for registration shall be filed on FCC Form 312, 
Main Form and Schedule B, accompanied by the coordination exhibit 
required by Sec. 25.203, and any other required exhibits. Any 
application that is deficient or incomplete in any respect shall be 
immediately returned to the applicant without processing.
    (e) Complete applications for registration will be placed on public 
notice for 30 days and automatically granted if no objection is 
submitted to the Commission and served on the applicant. Additional 
pleadings are authorized in accordance with Sec. 1.45 of this chapter.
    (f) The registration of a receive-only earth station results in the 
listing of an authorized frequency band at the location specified in the 
registration. Interference protection levels are those agreed to during 
coordination.
    (g) Reception of signals or programming from non-U.S. satellites may 
be subject to restrictions as a result of international agreements or 
treaties. The Commission will maintain public information on the status 
of any such agreements.
    (h) Registration term: Registrations for receive-only earth stations 
governed by this section will be issued for

[[Page 318]]

a period of 10 years from the date on which the application was filed. 
Applications for renewals of registrations must be submitted on FCC Form 
405 (Application for Renewal of Radio Station License in Specified 
Services) no earlier than 90 days and no later than 30 days before the 
expiration date of the registration.
    (i) Applications for modification of license or registration of 
receive-only earth stations shall be made in conformance with 
Sec. 25.117 of this part. Registrants are required to notify the 
Commission when a receive-only earth station is no longer operational or 
when it has not been used to provide any service during any 6 month 
period.
    (j) Receive-only earth stations operating with non-U.S. licensed 
space stations shall file an FCC Form 312 requesting a license or 
modification to operate such station. Receive-only earth stations used 
to receive INTELNET I service from INTELSAT space stations need not file 
for licenses. See Deregulation of Receive-Only Satellite Earth Stations 
Operating with the INTELSAT Global Communications Satellite System, 
Declaratory Ruling, RM No. 4845, FCC 86-214 (released May 19, 1986) 
available through the International Reference Center, FCC, 2000 M St. 
NW., Washington, DC 20554.

[56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997]



Sec. 25.132  Verification of earth station antenna performance standards.

    (a) All applications for transmitting earth stations in the C and 
Ku-bands must be accompanied by a certificate pursuant to Sec. 2.902 of 
the chapter from the manufacturer of each antenna that the results of a 
series of radiation pattern tests performed on representative equipment 
in representative configurations by the manufacturer which demonstrates 
that the equipment complies with the performance standards set forth in 
Sec. 25.209. The licensee must be prepared to demonstrate the 
measurements to the Commission on request in the course of an 
investigation of a harmful interference incident.
    (b)(1) In order to demonstrate compliance with Sec. 25.209 (a) and 
(b), the following measurements on a production antenna performed on 
calibrated antenna range, as a minimum, shall be made at the bottom, 
middle and top of each allocated frequency band and submitted to the 
Commission:
    (i) Co-polarized patterns for each of two orthogonal senses of 
polarizations in two orthogonal cuts of the antenna.
    (A) In the azimuth plane, plus and minus 7 degrees and plus and 
minus 180 degrees.
    (B) In the elevation plane, zero to forty-five degrees.
    (ii) Cross-polarization patterns in the E- and H-planes, plus and 
minus 9 degrees.
    (iii) Main beam gain.
    (2) The FCC envelope specified in Sec. 25.209 shall be superimposed 
on each pattern. The minimum tests specified above are recognized as 
representative of the performance of the antenna in most planes although 
some increase in sidelobe levels should be expected in the spar planes 
and orthogonal spar planes.
    (c) The tests specified in paragraph (b) of this section are 
normally performed at the manufacturer's facility; but for those 
antennas that are very large and only assembled on-site, on-site 
measurements may be used for product qualification data. If on-site data 
is to be used for qualification, the test frequencies and number of 
patterns should follow, where possible, the recommendations in paragraph 
(b) of this section, and the test data is to be submitted in the same 
manner as described in paragraph (a) of this section.
    (d) For each new or modified transmitting antenna over 3 meters in 
diameter, the following on-site verification measurements must be 
completed at one frequency on an available transponder in each frequency 
band of interest and submitted to the Commission.
    (1) Co-polarized patterns in the elevation plane, plus and minus 7 
degrees, in the transmit band.
    (2) Co-polarized patterns in the azimuth and elevation planes, plus 
and minus 7 degrees, in the receive band.
    (3) System cross-polarization discrimination on-axis. The FCC 
envelope specified in Sec. 25.209 shall be superimposed on each pattern. 
The transmit patterns are to be measured with the aid of a co-

[[Page 319]]

operating earth station in coordination with the satellite system 
control center under the provisions of Sec. 25.272.
    (e) Certification that the tests required by paragraph (c) of this 
section have been satisfactorily performed shall be provided to the 
Commission in notification that construction of the facilities has been 
completed as required by Sec. 25.133.
    (f) Antennas less than 3 meters in diameter and antennas on simple 
(manual) drive mounts that are operated at a fixed site are exempt from 
the requirements of paragraphs (c) and (d) of this section provided that 
a detailed technical showing is made that confirms proper installation, 
pointing procedures, and polarization alignment and manufacturing 
quality control. These showing must also include a plan for periodic 
testing and field installation procedures and precautions.
    (g) Records of the results of the tests required by this section 
must be maintained at the antenna site or the earth station operator's 
control center and be available for inspection.

[58 FR 13419, Mar. 11, 1993]



Sec. 25.133  Period of construction; certification of commencement of operation.

    (a) Each license for an earth station governed by this part shall 
specify as a condition therein the period in which construction of 
facilities must be completed and station operation commenced. 
Construction of the earth station must be completed and the station must 
be brought into regular operation within 12 months from the date of the 
construction permit and/or license grant except as may be otherwise 
determined by the Commission for any particular application.
    (b) Each license for a transmitting earth station included in this 
part shall also specify as a condition therein that upon the completion 
of construction, each licensee must file with the Commission a 
certification containing the following information: The name of the 
licensee; file number of the application; call sign of the antenna; date 
of the license; a certification that the facility as authorized has been 
completed and that each antenna facility has been tested and is within 2 
dB of the pattern specified in Sec. 25.209, Sec. 25.135 (NVNG MSS earth 
stations), or Sec. 25.213 (1.6/2.4 GHz Mobile-Satellite Service earth 
stations); the date on which the station became operational; and a 
statement that the station will remain operational during the license 
period unless the license is submitted for cancellation. For stations 
authorized under Sec. 25.115(c) of this part (Large Networks of Small 
Antennas operating in the 12/14 GHz bands) and Sec. 25.115(d) of this 
part (User Transceivers in the Mobile-Satellite Service), a certificate 
must be filed when the network is put into operation.
    (c) If the facility does not meet the technical parameters set forth 
in Sec. 25.209, a request for a waiver must be submitted and approved by 
the Commission before operations may commence.
    (d) Each receiving earth station licensed or registered pursuant to 
Sec. 25.131 must be constructed and placed into service within 6 months 
after coordination has been completed. Each licensee or registrant must 
file with the Commission a certification that the facility is completed 
and operating as provided in paragraph (b) of this section, with the 
exception of certification of antenna patterns.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994]



Sec. 25.134  Licensing provisions of Very Small Aperture Terminal (VSAT) networks.

    (a) All applications for digital VSAT networks with a maximum 
outbound downlink EIRP density of +6.0 dBW/4 kHz per carrier and earth 
station antennas with maximum input power density of -14 dBW/4 kHz and 
maximum hub EIRP of 78.3 dBW will be processed routinely. All 
applications for analog VSAT networks with maximum outbound downlink 
power densities of +13.0 dBW/4 kHz per carrier and maximum antenna input 
power densities of -8.0 dBW/4 kHz shall be processed routinely in 
accordance with Declaratory Order in the Matter of Routine Licensing of 
Earth Stations in the 6 GHz and 14 GHz Bands Using Antennas Less than 9 
Meters and 5 Meters in Diameter, Respectively, for Both

[[Page 320]]

Full Transponder and Narrowband Transmissions, 2 FCC Rcd 2149 (1987) 
(Declaratory Order).
    (b) Each applicant for digital and/or analog VSAT network 
authorization proposing to use transmitted satellite carrier EIRP 
densities in excess of +6.0 dBW/4 kHz and +13.0 dBW/4 kHz, respectively, 
and/or maximum antenna input power densities of -14.0 dBW/4 kHz and 
maximum hub EIRPs of 78.3 dBW and -8.0 dBW/4 kHz per carrier, 
respectively, shall conduct an engineering analysis using the Sharp, 
Adjacent Satellite Interference Analysis (ASIA) program. Applicants 
shall submit a complete description of those baseline parameters they 
use in conducting their analysis and tabular summaries of the ASIA 
program's output detailing potential interference shortfalls. Applicants 
shall also submit a narrative summary which must indicate whether there 
are margin shortfalls in any of the current baseline services as a 
result of the addition of the new applicant's high power service, and if 
so, how the applicant intends to resolve those margin shortfalls. 
Applicants shall submit link budget analyses of the operations proposed 
along with a detailed written explanation of how each uplink and each 
transmitted satellite carrier density figure is derived. Applicants 
shall provide proof by affidavit that all potentially affected parties 
acknowledge and do not object to the use of the applicant's higher power 
density.
    (c) Licensees authorized pursuant to paragraph (b) of this section 
shall bear the burden of coordinating with any future applicants or 
licensees whose proposed compliant VSAT operations, as defined by 
paragraph (a) of this section, is potentially or actually adversely 
affected by the operation of the non-compliant licensee. If no good 
faith agreement can be reached, however, the non-compliant licensee 
shall reduce its power density levels to those compliant with the VSAT 
Order or the Declaratory Order, whichever is applicable.
    (d) An application for VSAT authorization shall be filed on FCC Form 
312, Main Form and Schedule B. A VSAT licensee applying to renew its 
license must include on FCC Form 405, the number of constructed VSAT 
units in its network.

[56 FR 66001, Dec. 20, 1991, as amended at 62 FR 5929, Feb. 10, 1997]



Sec. 25.135  Licensing provisions for earth station networks in the non-voice, non-geostationary mobile-satellite service.

    (a) Each applicant for a blanket earth station license in the non-
voice, non-geostationary mobile-satellite service shall demonstrate that 
transceiver operations will not cause unacceptable interference to other 
authorized users of the spectrum, based on existing system information 
publicly available at the Commission at the time of filing, and will 
comply with operational conditions placed upon the systems with which 
they are to operate in accordance with Sec. 25.142(b). This 
demonstration shall include a showing as to all the technical 
parameters, including duty cycle and power limits, under which the 
individual user transceivers will operate.
    (b) Transceiver units associated with the non-voice, non-
geostationary mobile-satellite service may not be operated on civil 
aircraft. All portable or hand-held transceiver units (including 
transceiver units installed in other devices that are themselves 
portable or hand-held) having a receiver operating in the 137-138 MHz 
band shall bear the following statement in a conspicuous location on the 
device: ``This device may not be operated while on board a civil 
aircraft. It must be turned off at all times while on board such an 
aircraft.'' This subsection shall not apply to transceiver units whose 
receivers are incapable of radiating in the 108-137 MHz frequency bands.
    (c) Transceiver units in this service are authorized to communicate 
with and through U.S. authorized space stations only. No person shall 
transmit to a space station unless the specific transmission is first 
authorized by the space station licensee or by a service vendor 
authorized by that licensee.
    (d) Any transceiver unit associated with this service will be 
deemed, when communicating with a particular non-

[[Page 321]]

voice, non-geostationary mobile-satellite service system pursuant to 
paragraph (c) of this section, to be temporarily associated with and 
licensed to the system operator or service vendor holding the blanket 
earth station license awarded pursuant to Sec. 25.115(d). The domestic 
earth station licensee shall, for such temporary period, assume the same 
licensee responsibility for such transceiver as if such transceiver were 
regularly licensed to it.

[58 FR 68059, Dec. 23, 1993]



Sec. 25.136  Operating provisions for earth station networks in the 1.6/2.4 GHz mobile-satellite service.

    In addition to the technical requirements specified in Sec. 25.213, 
earth stations operating in the 1.6/2.4 GHz Mobile-Satellite Service are 
subject to the following operating conditions:
    (a) User transceiver units associated with the 1.6/2.4 Mobil-
Satellite service may not be operated on civil aircraft unless the earth 
station has a direct physical connection to the aircraft Cabin 
Communication system.
    (b) User transceiver units in this service are authorized to 
communicate with and through U.S. authorized space stations only. No 
person shall transmit to a space station unless the user transceiver is 
first authorized by the space station licensee or by a service vendor 
authorized by that licensee, and the specific transmission is conducted 
in accordance with the operating protocol specified by the system 
operator.
    (c) Any user transceiver unit associated with this service will be 
deemed, when communicating with a particular 1.6/2.4 GHz Mobile-
Satellite Service system pursuant to paragraph (b) of this section, to 
be temporarily associated with and licensed to the system operator or 
service vendor holding the blanket earth station license awarded 
pursuant to Section 25.115(d). The domestic earth station licensee 
shall, for this temporary period, assume the same licensee 
responsibility for the user transceiver as if the user transceiver were 
regularly licensed to it.

[59 FR 53327, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996]



Sec. 25.137  Application requirements for earth stations operating with non-U.S. licensed space stations.

    (a) Earth station applicants or entities filing a ``letter of 
intent'' requesting authority to operate with a non-U.S. licensed space 
station to serve the United States must attach an exhibit with their FCC 
Form 312 application with information demonstrating that U.S.-licensed 
satellite systems have effective competitive opportunities to provide 
analogous services in:
    (1) The country in which the non-U.S. licensed space station is 
licensed; and
    (2) All countries in which communications with the U.S. earth 
station will originate or terminate. The applicant bears the burden of 
showing that there are no practical or legal constraints that limit or 
prevent access of the U.S. satellite system in the relevant foreign 
markets. The exhibit required by this paragraph must also include a 
statement of why grant of the application is in the public interest. 
This paragraph shall not apply with respect to requests for authority to 
operate using a non-U.S. licensed satellite that is licensed by or 
seeking a license from a country that is a member of the World Trade 
Organization for services covered under the World Trade Organization 
Basic Telecommunications Agreement.
    (b) Earth station applicants, or entities filing a ``letter of 
intent,'' requesting authority to operate with a non-U.S. licensed space 
station must attach to their FCC Form 312 an exhibit providing legal, 
financial, and technical information for the non-U.S. licensed space 
station in accordance with part 25 and part 100 of this Chapter. If the 
non-U.S. licensed space station is in orbit and operating, the applicant 
need not include the financial information specified in Secs. 25.114 
(c)(17) and (c)(18) of this part. If the international coordination 
process for the non-U.S. licensed space station has been completed, the 
applicant need not include the technical information specified in 
Secs. 25.114 (c) (5 through 11) and (c)(14) of this part, unless the 
technical characteristics differ from the characteristics established in 
that process.
    (c) A non-U.S. licensed satellite system seeking to serve the United 
States

[[Page 322]]

can be considered contemporaneously with other U.S. satellite systems if 
it is:
    (1) In orbit and operating;
    (2) Has a license from another administration; or
    (3) Has been submitted for coordination to the International 
Telecommunication Union.

[62 FR 64172, Dec. 4, 1997]

                             Space Stations



Sec. 25.140  Qualifications of fixed-satellite space station licensees.

    (a) New fixed-satellites shall comply with the requirements 
established in Report and Order, CC Docket No. 81-704 (available at 
address in Sec. 0.445 of this chapter.) Applications must also meet the 
requirements in paragraphs (b) through (d) of this section. The 
Commission may require additional or different information in the case 
of any individual application. Applications will be unacceptable for 
filing and will be returned to the applicant if they do not meet the 
requirements referred to in this paragraph.
    (b) Each applicant for a space station authorization in the fixed-
satellite service must demonstrate, on the basis of the documentation 
contained in its application, that it is legally, financially, 
technically, and otherwise qualified to proceed expeditiously with the 
construction, launch and/or operation of each proposed space station 
facility immediately upon grant of the requested authorization. Each 
applicant must provide the following information:
    (1) The information specified in Sec. 25.114;
    (2) An interference analysis to demonstrate the compatibility of its 
proposed system 2 degrees from any authorized space station. An 
applicant should provide details of its proposed r.f. carriers which it 
believes should be taken into account in this analysis. At a minimum, 
the applicant must include, for each type of r.f. carrier, the link 
noise budget, modulation parameters, and overall link performance 
analysis. (See, e.g., appendices B and C to Licensing of Space Stations 
in the Domestic Fixed-Satellite Service (available at address in 
Sec. 0.445 of this chapter));
    (3) The estimated costs of proposed construction and/or launch, and 
any other initial expenses for the space station(s); and
    (4) Estimated operating expenses for one year after launch of the 
proposed space station(s).
    (c) Each application for authority to construct and/or launch and 
operate a space station shall demonstrate the applicant's current 
financial ability to meet the costs specified in paragraphs (b)(3) and 
(b)(4) of this section by submitting the following financial information 
verified by affidavit:
    (1) A balance sheet current for the latest fiscal year and 
documentation of any financial commitments reflected in the balance 
sheet (such as, for example, loan agreements and service contracts) 
together with an exhibit demonstrating that the applicant has current 
assets and operating income sufficient to meet the costs specified in 
paragraphs (b)(3) and (b)(4) of this section. If the applicant is owned 
by more than one corporate parent, it must submit evidence of a 
commitment to the proposed satellite program by management of the 
corporate parent upon whom it is relying for financial resources;
    (2) If the submissions of paragraph (c)(1) of this section do not 
reflect sufficient financial resources to meet the costs specified in 
paragraphs (b)(3) and (b)(4) of this section, the applicant shall submit 
additional information as listed below:
    (i) The terms of any fully negotiated loan or other form of credit 
arrangement intended to be used to finance the proposed construction, 
acquisition, or operation of the requested facilities including such 
information as the identity of the creditor (or creditors), the amount 
committed, letters of commitment, detailed terms of the transaction, 
including the details of any contingencies, and a statement that the 
applicant complies with paragraph (d) of this section;
    (ii) The terms of any fully negotiated sale or placement of any 
equity or other form of ownership interest, including the sale, or long-
term lease for

[[Page 323]]

the lifetime of the satellite, of proposed satellite transponder 
capacity in the level of detail as specified in paragraph (c)(2)(i) of 
this section;
    (iii) The terms of any grant or other external funding commitment 
intended to be used to finance the proposed construction, acquisition, 
or operation of the requested facilities, including such information as 
the identity of the grantor(s), the amount committed, letters of 
commitment, and detailed terms of the transaction, including the details 
of any contingencies; or
    (iv) Any financing arrangements contingent on further performance by 
either party, such as marketing of satellite capacity or raising 
additional financing, will not be considered in evaluating an 
applicant's financial qualifications; and
    (3) Whatever other information or details the Commission may require 
with regard to a specific application or applicant.
    (d) Any loan or other credit arrangement providing for a chattel 
mortgage or secured interest in any proposed facility must include a 
provision for a minimum of ten (10) days prior written notification to 
the licensee or permittee, and to the Commission, before any such 
equipment may be repossessed under any default provision of the 
agreement.
    (e) An applicant found to be qualified pursuant to this section may 
be initially assigned up to two orbital locations in each pair of 
frequency bands proposed. Authorizations to construct ground spares are 
at the applicant's risk that launch authorization will not be granted by 
the Commission.
    (f) Each applicant found to be qualified pursuant to this section 
may be assigned no more than one additional orbital location beyond its 
current authorizations in each frequency band in which it is authorized 
to operate, provided that its in-orbit satellites are essentially filled 
and that it has no more than two unused orbital locations for previously 
authorized but unlaunched satellites in that band.
    (g) In the event that one or more applications satisfying the 
requirements of this section are ready for grant, any orbital location 
occupied by a satellite that is determined to be a part of a system that 
is not essentially filled may be cancelled and collocation of in-orbit 
satellites may be required. The Commission may take this action if, in 
so doing, it would allow the grant of pending applications that satisfy 
the requirements of this section. If a cancellation is made, the 
licensee will be afforded a period of 30 days to notify the Commission 
which of its assigned locations should be cancelled.

[62 FR 5929, Feb. 10, 1997]



Sec. 25.141  Licensing provisions for the radiodetermination satellite service.

    (a) Space station application requirements. Each application for a 
space station license in the radiodetermination satellite service shall 
describe in detail the proposed radiodetermination satellite system, 
setting forth all pertinent technical and operational aspects of the 
system, including its capability for providing and controlling 
radiodetermination service on a geographic basis, and the technical, 
legal and financial qualifications of the applicant. In particular, each 
application shall include the information specified in Appendix B of 
Space Station Application Filing Procedures, 93 FCC 2d 1260, 1265 
(1983), except that in lieu of demonstrating compliance with item II.F 
(two degree spacing), applicants are required to demonstrate 
compatibility with licensed satellite systems in the same frequency 
band. Applicants must also file information demonstrating compliance 
with all requirements of this section, specifically including 
information demonstrating how the applicant has complied or plans to 
comply with the requirements of paragraph (f) of this section.
    (b) Space station application procedures. Each application for a 
space station in the radiodetermination satellite service shall be 
placed on public notice for 60 days, during which time interested 
parties may file comments and petitions related to the application. A 60 
day cut-off period shall also be established for the filing of 
applications to be considered in conjunction with an original 
application.

[[Page 324]]

    (c) User transceivers. Individual user transceivers will not be 
licensed. Service vendors may file blanket applications for transceiver 
units using FCC Form 312, Main Form and Schedule B, and specifying the 
number of units to be covered by the blanket license. Each application 
must demonstrate that transceiver operations will not cause interference 
to other users of the spectrum.
    (d) Permissible communications. Stations in this service are 
authorized to render radiodetermination service, and may not render 
other services except as ancillary to the radiodetermination service.
    (e) Frequency allocation policies. Each radiodetermination satellite 
service licensee will be assigned the entire allocated frequency bands 
on a non-exclusive basis. Coding techniques and power limits as set 
forth in paragraph (f) of this section and orbital spacing shall be 
employed to avoid harmful interference with other radiodetermination 
satellite service systems.
    (f) Radiodetermination satellite service. Licenses shall coordinate 
with radiodetermination satellite system licensees to avoid harmful 
interference to other radiodetermination satellite systems through:
    (1) Power flux density limits;
    (2) Use of pseudorandom-noise codes (for both the satellite-to-user 
link and for the user-to-satellite link); and
    (3) Random access, time division multiplex techniques.

Licensees shall coordinate with 1.6/2.4 GHz Mobile-Satellite Service 
system licensees to avoid interference to 1.6/2.4 GHz Mobile-Satellite 
Service systems.

    (g) License conditions. All authorizations in the radiodetermination 
satellite service shall be subject to the policies set forth in the 
Report and Order, including compliance with appendix D, and the Second 
Report and Order in General Docket Nos. 84-689 and 84-690 and to any 
policies and rules the Commission may adopt at the later date.

[56 FR 24016, May 28, 1991, as amended at 59 FR 53327, Oct. 21, 1994; 62 
FR 5930, Feb. 10, 1997]



Sec. 25.142  Licensing provisions for the non-voice, non-geostationary mobile-satellite service.

    (a) Space station application requirements. (1) Each application for 
a space station system authorization in the non-voice, non-geostationary 
mobile-satellite service shall describe in detail the proposed non-
voice, non-geostationary mobile-satellite system, setting forth all 
pertinent technical and operational aspects of the system, and the 
technical, legal, and financial qualifications of the applicant. In 
particular, each application shall include the information specified in 
Sec. 25.114, except that in lieu of the information concerning orbital 
locations requested in Sec. 25.114(c)(6), the applicant shall specify 
the number of space stations and applicable information relating to the 
altitude(s), argument(s) of perigee, service arc(s), right ascension of 
ascending node(s), eccentricity, and inclination of the space stations 
(all referenced to the same time) that will comprise its system. 
Applicants must also file information demonstrating compliance with all 
requirements of this section, and showing, based on existing system 
information publicly available at the Commission at the time of filing, 
that they will not cause unacceptable interference to any non-voice, 
non-geostationary mobile-satellite service system authorized to 
construct or operate.
    (2) Applicants for a non-voice, non-geostationary mobile-satellite 
must identify the power flux density produced at the Earth's surface by 
each space station of their system in the frequency bands 137-138 MHz 
and 400.15-401 MHz, to allow determination of whether coordination with 
terrestrial services is required under international footnotes 599A and 
647B of Sec. 2.106 of the Commission's Rules. In addition, applicants 
must identify the measures they would employ to protect the radio 
astronomy service in the 150.05-153 MHz and 406.1-410 MHz bands from 
harmful interference from unwanted emissions.
    (3) Emission limitations. (i) Applicants in the non-voice, non-
geostationary mobile-satellite service shall show that their space 
stations

[[Page 325]]

will not exceed the emission limitations of Sec. 25.202(f) (1), (2) and 
(3), as calculated for a fixed point on the Earth's surface in the plane 
of the space station's orbit, considering the worst-case frequency 
tolerance of all frequency determining components, and maximum positive 
and negative Doppler shift of both the uplink and downlink signals, 
taking into account the system design.
    (ii) Applicants in the non-voice, non-geostationary mobile-satellite 
service shall show that no signal received by their satellites from 
sources outside of their system shall be retransmitted with a power flux 
density level, in the worst 4 kHz, higher than the level described by 
the applicants in paragraph (a)(2) of this section.
    (4) Financial qualifications. Each applicant for space station 
system authorization in the non-voice, non-geostationary mobile-
satellite service must demonstrate, on the basis of the documentation 
contained in its application, that it is financially qualified to 
proceed expeditiously with the construction, launch and operation for 
one year of the first two space stations of its proposed system 
immediately upon grant of the requested authorization. Failure to make 
such a showing will result in the dismissal of the application. This 
showing shall include all information described in Sec. 25.140 (c), (d) 
and (e).
    (5) Replacement of space stations within the system license term. 
The licensee need not file separate applications to construct, launch 
and operate technically identical replacement satellites within the term 
of the system authorization. However, the licensee shall certify to the 
Commission, at least thirty days prior to launch of such replacement(s) 
that:
    (i) The licensee intends to launch a space station that is 
technically identical to those authorized in its system license, and
    (ii) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (b) Operating conditions. In order to ensure compatible operations 
with authorized users in the frequency bands to be utilized for 
operations in the non-voice, non-geostationary mobile-satellite service, 
non-voice, non-geostationary mobile-satellite service systems must 
operate in accordance with the conditions specified in this section.
    (1) Service limitation. Voice services may not be provided.
    (2) Coordination requirements with Federal government users.
    (i) The frequency bands allocated for use by the non-voice, non-
geostationary mobile-satellite service are also authorized for use by 
agencies of the Federal government. The Federal use of frequencies in 
the non-voice, non-geostationary mobile-satellite service frequency 
bands is under the regulatory jurisdiction of the National 
Telecommunications and Information Administration (NTIA).
    (ii) The Commission will use its existing procedures for liaison 
with NTIA to reach agreement with respect to achieving compatible 
operations between Federal government users under the jurisdiction of 
NTIA and non-voice, non-geostationary mobile-satellite service systems 
(including user transceivers subject to blanket licensing under 
Sec. 25.115(d)) through the frequency assignment and coordination 
practices established by NTIA and the Interdepartment Radio Advisory 
Committee (IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the Federal 
government use of the spectrum, and any additional information requested 
by the Commission. As part of the coordination process, applicants shall 
show that they will not cause unacceptable interference to authorized 
Federal government users, based upon existing system information 
provided by the Government. The frequency assignment and coordination of 
the satellite system with Federal government users shall be completed 
prior to grant of construction authorization.
    (iii) The Commission shall also coordinate with NTIA/IRAC with 
regard to the frequencies to be shared by those earth stations of non-
voice, non-geostationary mobile-satellite service systems that are not 
subject to blanket

[[Page 326]]

licensing under Sec. 25.115(d), and authorized Federal government 
stations in the fixed and mobile services, through the exchange of 
appropriate systems information.
    (3) Coordination among non-voice, non-geostationary mobile-satellite 
service systems. Applicants for authority to establish non-voice, non-
geostationary mobile-satellite service systems are encouraged to 
coordinate their proposed frequency usage with existing permittees and 
licensees in the non-voice, non-geostationary mobile-satellite service 
whose facilities could be affected by the new proposal in terms of 
frequency interference or restricted system capacity. All affected 
applicants, permittees, and licensees shall, at the direction of the 
Commission, cooperate fully and make every reasonable effort to resolve 
technical problems and conflicts that may inhibit effective and 
efficient use of the radio spectrum; however, the permittee or licensee 
being coordinated with is not obligated to suggest changes or re-
engineer an applicant's proposal in cases involving conflicts.
    (4) Safety and distress communications. Stations operating in the 
non-voice, non-geostationary mobile-satellite service that are used to 
comply with any statutory or regulatory equipment carriage requirements 
may also be subject to the provisions of sections 321(b) and 359 of the 
Communications Act of 1934, as amended. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in distress and prohibit a charge for the transmission of maritime 
distress calls and related traffic.
    (c) Reporting requirements. All operators of non-voice, non-
geostationary mobile-satellite service systems shall, on June 30 of each 
year, file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, containing the 
following information current as of May 31st of that year:
    (1) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages;
    (2) A detailed description of the utilization made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for domestic transmission, the 
amount of capacity (if any) sold but not in service, and the amount of 
unused system capacity; and
    (3) Identification of any space stations not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.
    (d) Prohibition of certain agreements. No license shall be granted 
to any applicant for a non-voice, non-geostationary mobile-satellite 
service system if that applicant, or any companies controlling or 
controlled by the applicant, shall acquire or enjoy any right, for the 
purpose of handling traffic to or from the United States, its 
territories or possessions, to construct or operate space segment or 
earth stations in the non-voice, non-geosynchronous mobile-satellite 
service, or to interchange traffic, which is denied to any other United 
States company by reason of any concession, contract, understanding, or 
working arrangement to which the licensee or any persons or companies 
controlling or controlled by the licensee are parties.
    (e) Spectrum priority. (1) The non-voice, non-geosynchronous mobile-
satellite service system that is authorized in the second application 
processing round to operate in the 148-148.25 MHz, 148.75-148.855 MHz, 
148.905-149.81 MHz and 150-150.05 MHz uplink frequency bands and the 
400.505-400.5517 MHz, 400.5983-400.645 MHz, 137.025-137.175 MHz, 
137.333-137.4125 MHz, 137.475-137.525 MHz, 137.595-137.645 MHz, 137.753-
137.787 MHz and 137.825-138 MHz downlink frequency bands (the ``System 2 
licensee'') will have a first priority to apply for and use a limited 
amount of downlink spectrum duly allocated worldwide and domestically to 
the non-voice, non-geosynchronous mobile-satellite service by the ITU, 
at WRC-97 or a subsequent World Radiocommunication Conference, and by 
the Commission, respectively (the ``Future Spectrum''). The System 2 
licensee will be eligible to apply for and

[[Page 327]]

use the first 210 kHz of Future Spectrum plus spectrum sufficient to 
account for Doppler frequency shift in the Future Spectrum (the 
``Supplemental Spectrum'') to implement its non-voice, non-
geosynchronous mobile-satellite service system. The System 2 licensee's 
application for and use of the Supplemental Spectrum is subject to the 
Commission's Rules and policies, such reasonable operating conditions as 
may be imposed by the Commission, and international spectrum 
coordination requirements. For so long as the System 2 licensee is 
permitted by the Government of France to operate in the 400.5517-
400.5983 MHz band coordinated with the French system S80-1, the 
Supplemental Spectrum shall be reduced to an amount equivalent to 150 
kHz of Future Spectrum plus spectrum sufficient to account for Doppler 
frequency shift in the Future Spectrum.
    (2) The System 2 licensee's priority to apply for and use the 
Supplemental Spectrum is conditioned on the System 2 licensee's 
compliance with the terms and conditions of its second processing round 
authorization, including, but not limited to, its system construction, 
launch and operation milestones, and any modifications thereto, and the 
Commission's Rules. The System 2 licensee's priority to apply for and 
use the Supplemental Spectrum shall automatically terminate upon the 
occurrence of any of the following events:
    (i) The System 2 licensee being permitted to operate in the 
Supplemental Spectrum;
    (ii) The expiration or revocation of the System 2 licensee's second 
processing round authorization;
    (iii) The discontinuance of use of the spectrum assigned to the 
System 2 licensee under its second processing round authorization; or
    (iv) The surrender of the System 2 licensee's second processing 
round authorization to the Commission.

[58 FR 68060, Dec. 23, 1993, as amended at 62 FR 5930, Feb. 10, 1997; 62 
FR 59295, Nov. 3, 1997]



Sec. 25.143  Licensing provisions for the 1.6/2.4 GHz mobile-satellite service.

    (a) System License: Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit 
satellites will be awarded a single ``blanket'' license covering a 
specified number of space stations to operate in a specified number of 
orbital planes.
    (b) Qualification Requirements. (1) General Requirements: Each 
application for a space station system authorization in the 1.6/2.4 GHz 
mobile-satellite service shall describe in detail the proposed satellite 
system, setting forth all pertinent technical and operational aspects of 
the system, and the technical, legal, and financial qualifications of 
the applicant. In particular, each application shall include the 
information specified in Sec. 25.114.
    (2) Technical Qualifications: In addition to providing the 
information specified in paragraph (b)(1) of this section, each 
applicant shall demonstrate the following:
    (i) That the proposed system employs a non-geostationary 
constellation or constellations of satellites;
    (ii) That the proposed system be capable of providing mobile 
satellite services to all locations as far north as 70 deg. latitude and 
as far south as 55 deg. latitude for at least 75% of every 24-hour 
period, i.e., that at least one satellite will be visible above the 
horizon at an elevation angle of at least 5 deg. for at least 18 hours 
each day within the described geographic area;
    (iii) That the proposed system is capable of providing mobile 
satellite services on a continuous basis throughout the fifty states, 
Puerto Rico and the U.S. Virgin Islands, U.S., i.e., that at least one 
satellite will be visible above the horizon at an elevation angle of at 
least 5 deg. at all times within the described geographic areas;
    (iv) That operations will not cause unacceptable interference to 
other authorized users of the spectrum. In particular, each application 
shall demonstrate that the space station(s) comply with the requirements 
specified in Sec. 25.213.
    (3) Financial Qualifications: Each applicant for a space station 
system authorization in the 1.6/2.4 GHz mobile-satellite service must 
demonstrate, on the basis of the documentation contained in its 
application, that it is financially qualified to meet the estimated 
costs of the construction and

[[Page 328]]

launch of all proposed space stations in the system and the estimated 
operating expenses for one year after the launch of the initial space 
station. Financial qualifications must be demonstrated in the form 
specified in Sec. 25.140 (c) and (d). In addition, applicants relying on 
current assets or operating income must submit evidence of a management 
commitment to the proposed satellite system. Failure to make such a 
showing will result in the dismissal of the application.
    (c) Replacement of Space Stations Within the System License Term. 
Licensees of 1.6/2.4 GHz mobile-satellite systems authorized through a 
blanket license pursuant to paragraph (a) of this section need not file 
separate applications to construct, launch and operate technically 
identical replacement satellites within the term of the system 
authorization. However, the licensee shall certify to the Commission, at 
least thirty days prior to launch of such replacement(s) that:
    (1) The licensee intends to launch a space station that is 
technically identical to those authorized in its system authorization, 
and
    (2) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (d) In-Orbit Spares. Licensees need not file separate applications 
to operate technically identical in-orbit spares authorized as part of 
the blanket license pursuant to paragraph (a) of this section. However, 
the licensee shall certify to the Commission, within 10 days of bringing 
the in-orbit spare into operation, that operation of this space station 
did not cause the licensee to exceed the total number of operating space 
stations authorized by the Commission.
    (e) Reporting requirements. (1) All operators of 1.6/2.4 GHz mobile-
satellite systems shall, on June 30 of each year, file with the 
International Bureau and the Commission's Columbia Operations Center, 
Columbia, Maryland, a report containing the following information 
current as of May 31st of that year:
    (i) Status of satellite construction and anticipated launch dates, 
including any major problems or delays encountered;
    (ii) A listing of any non-scheduled space station outages for more 
than 30 minutes and the cause or causes of the outage;
    (iii) A detailed description of the utilization made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for U.S. domestic or transborder 
transmission, the amount of capacity (if any) sold but not in service 
within U.S. territorial geographic areas, and the amount of unused 
system capacity; and
    (iv) Identification of any space stations not available for service 
or otherwise not performing to specifications, the cause or causes of 
these difficulties, and the date any space station was taken out of 
service or the malfunction identified.
    (2) All operators of 1.6/2.4 GHz mobile-satellite systems shall, 
within 10 days after a required implementation milestone as specified in 
the system authorization, certify to the Commission by affidavit that 
the milestone has been met or notify the Commission by letter that it 
has not been met. At its discretion, the Commission may require the 
submission of additional information (supported by affidavit of a person 
or persons with knowledge thereof) to demonstrate that the milestone has 
been met.
    (f) Safety and distress communications. (1) Stations operating in 
the 1.6/2.4 GHz Mobile-Satellite Service that are voluntarily installed 
on a U.S. ship or are used to comply with any statute or regulatory 
equipment carriage requirements may also be subject to the requirements 
of sections 321(b) and 359 of the Communications Act of 1934. Licensees 
are advised that these provisions give priority to radio communications 
or signals relating to ships in distress and prohibits a charge for the 
transmission of maritime distress calls and related traffic.
    (2) Licensees offering distress and safety services should 
coordinate with the appropriate search and rescue organizations 
responsible for the licensees service area.
    (g) Considerations involving transfer or assignment applications. 
(1) ``Trafficking'' in bare licenses issued pursuant to

[[Page 329]]

paragraph (a) of this section is prohibited, except with respect to 
licenses obtained through a competitive bidding procedure.
    (2) 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 licensed pursuant to paragraph 
(a) of this section. 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 no trafficking has occurred.
    (3) If a proposed transfer of radio facilities is incidental to a 
sale of other facilities or merger of interests, any showing requested 
under paragraph (g)(2) of this section shall include an additional 
exhibit which:
    (i) Discloses complete details as to the sale of facilities or 
merger of interests;
    (ii) Segregates clearly by an itemized accounting, the amount of 
consideration involved in the sale of facilities or merger of interest; 
and
    (iii) 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.
    (h) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the mobile satellite service 
operating at 1610-1626.5/2483.5-2500 MHz if that applicant, or any 
persons or companies controlling or controlled by the applicant, shall 
acquire or enjoy any right, for the purpose of handling traffic to or 
from the United States, its territories or possession, to construct or 
operate space segment or earth stations, or to interchange traffic, 
which is denied to any other United States company by reason of any 
concession, contract, understanding, or working arrangement to which the 
Licensee or any persons or companies controlling or controlled by the 
Licensee are parties.

[59 FR 53328, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996; 62 
FR 5930, Feb. 10, 1997]



Sec. 25.144  Licensing provisions for the 2.3 GHz satellite digital audio radio service.

    (a) Qualification Requirements:
    (1) Satellite CD Radio, Primosphere Limited Partnership, Digital 
Satellite Broadcasting Corporation, and American Mobile Radio 
Corporation are the applicants eligible for licensing in the satellite 
digital audio radio service.
    (2) General Requirements: Each application for a system 
authorization in the satellite digital audio radio service in the 2310-
2360 MHz band shall describe in detail the proposed satellite digital 
audio radio system, setting forth all pertinent technical and 
operational aspects of the system, and the technical, legal, and 
financial qualifications of the applicant. In particular, applicants 
must file information demonstrating compliance with Sec. 25.114 and all 
of the requirements of this section.
    (3) Technical Qualifications: In addition to the information 
specified in paragraph (a)(1) of this section, each applicant shall:
    (i) Demonstrate that its system will, at a minimum, service the 48 
contiguous states of the United States (full CONUS);
    (ii) Certify that its satellite DARS system includes a receiver that 
will permit end users to access all licensed satellite DARS systems that 
are operational or under construction; and
    (iii) Identify the compression rate it will use to transmit audio 
programming. If applicable, the applicant shall identify the compression 
rate it will use to transmit services that are ancillary to satellite 
DARS.
    (b) Milestone Requirements. Each applicant for system authorization 
in the satellite digital audio radio service must demonstrate within 10 
days after a required implementation milestone as specified in the 
system authorization, and on the basis of the documentation contained in 
its application, certify to the Commission by affidavit

[[Page 330]]

that the milestone has been met or notify the Commission by letter that 
it has not been met. At its discretion, the Commission may require the 
submission of additional information (supported by affidavit of a person 
or persons with knowledge thereof) to demonstrate that the milestone has 
been met. This showing shall include all information described in 
Sec. 25.140 (c), (d) and (e). The satellite DARS milestones are as 
follows, based on the date of authorization:
    (1) One year: Complete contracting for construction of first space 
station or begin space station construction;
    (2) Two years: If applied for, complete contracting for construction 
of second space station or begin second space station construction;
    (3) Four years: In orbit operation of at least one space station; 
and
    (4) Six years: Full operation of the satellite system.
    (c) Reporting requirements. All licensees of satellite digital audio 
radio service systems shall, on June 30 of each year, file a report with 
the International Bureau and the Commission's Laurel, Maryland field 
office containing the following information:
    (1) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (2) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages; and
    (3) Identification of any space station(s) not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.
    (d) The license term for each digital audio radio service satellite 
shall commence when the satellite is launched and put into operation and 
the term will run for eight years.

[62 FR 11105, Mar. 11, 1997]



Sec. 25.145  Licensing conditions for the Fixed-Satellite Service in the 20/30 GHz bands.

    (a) Except as provided in Sec. 25.210(b), in general all rules 
contained in this part apply to Fixed-Satellite Service in the 20/30 GHz 
bands.
    (b) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit 
satellites will be awarded a single ``blanket'' license covering a 
specified number of space stations to operate in a specified number of 
orbital planes.
    (c) In addition to providing the information specified in 
Sec. 25.114, each non-geostationary satellite orbit applicant shall 
demonstrate the following:
    (1) That the proposed system be capable of providing fixed-satellite 
services to all locations as far north as 70 deg. latitude and as far 
south as 55 deg. latitude for at least 75% of every 24-hour period; and
    (2) That the proposed system is capable of providing fixed-satellite 
services on a continuous basis throughout the fifty states, Puerto Rico 
and the U.S. Virgin Islands, U.S.
    (d) Considerations involving transfer or assignment applications. 
(1) ``Trafficking'' in bare licenses issued pursuant to paragraph (b) of 
this section is prohibited, except with respect to licenses obtained 
through a competitive bidding procedure.
    (2) 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 licensed pursuant to paragraph 
(b) of this section. 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 no trafficking has occurred.
    (3) If a proposed transfer of radio facilities is incidental to a 
sale of other facilities or merger of interests, any showing requested 
under paragraph (d)(2) of this section shall include an additional 
exhibit which:
    (i) Discloses complete details as to the sale of facilities or 
merger of interests;

[[Page 331]]

    (ii) Segregates clearly by an itemized accounting, the amount of 
consideration involved in the sale of facilities or merger of interest; 
and
    (iii) 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) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the fixed-satellite service 
operating in the 20/30 GHz band if that applicant, or any persons or 
companies controlling or controlled by the applicant, shall acquire or 
enjoy any right, for the purpose of handling traffic to or from the 
United States, its territories or possession, to construct or operate 
space segment or earth stations, or to interchange traffic, which is 
denied to any other United States company by reason of any concession, 
contract, understanding, or working arrangement to which the Licensee or 
any persons or companies controlling or controlled by the Licensee are 
parties.
    (f) Implementation milestone schedule. Each GSO FSS licensee in the 
20/30 GHz band will be required to begin construction of its first 
satellite within one year of grant, to begin construction of the 
remainder within two years of grant, to launch at least one satellite 
into each of its assigned orbit locations within five years of grant, 
and to launch the remainder of its satellites by the date required by 
the International Telecommunications Union to assure international 
recognition and protection of those satellites. Each NGSO FSS licensee 
in the 20/30 GHz band will be required to begin construction of its 
first two satellites within one year of the unconditional grant of its 
authorization, and complete construction of those first two satellites 
within four years of that grant. Construction of the remaining 
authorized operating satellites in the constellation must begin within 
three years of the initial authorization, and the entire authorized 
system must be operational within six years.
    (g) Reporting Requirements. All licensees in the 20/30 GHz band 
shall, on June 30 of each year, file a report with the International 
Bureau and the Commission's Columbia Operations Center, 9200 Farm House 
Lane, Columbia, MD 21046 containing the following information:
    (1) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (2) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages; and
    (3) Identification of any space station(s) not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.

[62 FR 61456, Nov. 18, 1997]

    Effective Date Note: At 62 FR 61456, Nov. 18, 1997, Sec. 25.145 was 
added. Paragraph (g) contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

                       Processing of Applications



Sec. 25.150  Receipt of applications.

    Applications received by the Commission are given a file number and 
(domestic only) a unique station identifier for administrative 
convenience. Neither the assignment of a file number and/or other 
identifier nor the listing of the application on public notice as 
received for filing indicates that the application has been found 
acceptable for filing or precludes the subsequent return or dismissal of 
the application if it is found to be defective or not in accordance with 
the Commission's rules.



Sec. 25.151  Public notice period.

    (a) At regular intervals, the Commission will issue public notices 
listing:
    (1) The receipt of applications for new station authorizations;
    (2) The receipt of applications for license or registration of 
receive-only earth stations;
    (3) The receipt of applications for major modifications to station 
authorizations;
    (4) The receipt of major amendments to pending applications;

[[Page 332]]

    (5) The receipt of applications to assign or transfer control of 
space station facilities, transmitting earth station facilities, or 
international receive-only earth station facilities;
    (6) Significant Commission actions regarding applications;
    (7) Information which the Commission in its discretion believes to 
be of public significance; and
    (8) Special environmental considerations as required by part 1 of 
this chapter.
    (b) Special public notices may also be issued at other times under 
special circumstances involving non-routine matters where speed is of 
the essence and efficiency of Commission process will be served thereby.
    (c) A public notice will not normally be issued for receipt of any 
of the following applications:
    (1) For authorization of a minor technical change in the facilities 
of an authorized station;
    (2) For temporary authorization pursuant to Sec. 25.119;
    (3) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934, as amended [47 U.S.C. 308(a)];
    (4) For consent to an involuntary assignment or transfer of control 
of a transmitting earth station authorization; or
    (5) For consent to an assignment or transfer of control of a space 
station authorization or a transmitting earth station authorization, 
where the assignment or transfer does not involve a substantial change 
in ownership or control; or
    (6) For change in location of an earth station operating in the 4/6 
GHz and 10.95-11.7 GHz bands by no more than 1" in latitude and/or 
longitude and for change in location of an earth station operating in 
the 12/14 GHz bands by no more than 10" in latitude and/or longitude.
    (d) 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. Any comments or petitions must be delivered to the 
Commission by that date in accordance with Sec. 25.154.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68061, Dec. 23, 1993]



Sec. 25.152  Dismissal and return of applications.

    (a) Any application may be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to final 
Commission action.
    (b) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be without prejudice unless the application 
is mutually exclusive pursuant to Sec. 25.155, in which case it will be 
dismissed with prejudice.



Sec. 25.153  Repetitious applications.

    (a) Where an application has been denied or dismissed 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 
its successor or assignee, or on behalf of or for the benefit of any of 
the original parties in interest, until after the lapse of 12 months 
from the effective date of the Commission's action. 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 his 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 the appeal.



Sec. 25.154  Opposition to applications and other pleadings.

    (a) Petitions to deny, petitions for other forms of relief, and 
other objections or comments 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;

[[Page 333]]

    (2) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of the application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline);
    (3) Filed in accordance with the pleading limitations, periods and 
other applicable provisions of Secs. 1.41 through 1.52 of this chapter;
    (4) Contain specific allegations of fact (except for those of which 
official notice may be taken) to support the specific relief requested, 
which shall be supported by affidavit of a person or persons with 
personal knowledge thereof, and which shall be sufficient to demonstrate 
that the petitioner (or respondent) is a party of interest and that a 
grant of, or other Commission action regarding, the application would be 
prima facie inconsistent with the public interest; and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date the pleading is filed with the 
Commission.
    (b) The Commission will classify as informal objections:
    (1) Any pleading not filed in accordance with paragraph (a) of this 
section;
    (2) Any pleading to which the thirty (30) day public notice period 
of Sec. 25.151 does not apply; or
    (3) Any objections to the grant of an application when the 
objections do not conform to either paragraph (a) of this section or to 
other Commission rules and requirements.
    (c) Oppositions to petitions to deny an application or responses to 
comments and informal objections regarding an application may be filed 
within 10 days after the petition, comment, or objection is filed and 
must be in accordance with other applicable provisions of Secs. 1.41 
through 1.52 of this chapter.
    (d) Reply comments by the party that filed the original petition may 
be filed with respect to pleadings filed pursuant to paragraph (c) of 
this section within 5 days after the time for filing oppositions has 
expired unless the Commission otherwise extends the filing deadline and 
must be in accordance with other applicable provisions of Secs. 1.41 
through 1.52 of this chapter.



Sec. 25.155  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 other applications.
    (b) A space station application will be entitled to comparative 
consideration with one or more conflicting applications only if:
    (1) The application is mutually exclusive with another application; 
and
    (2) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.

[56 FR 24076, May 28, 1991, as amended at 62 FR 5931, Feb. 10, 1997]



Sec. 25.156  Consideration of applications.

    (a) Applications for a radio station authorization, or for 
modification or renewal of an authorization, will be granted if, upon 
examination of the application, any pleadings or objections filed, and 
upon consideration of such other matters as it may officially notice, 
the Commission finds that the applicant is legally, technically, and 
otherwise qualified, that the proposed facilities and operations comply 
with all applicable rules, regulations, and policies, and that grant of 
the application will serve the public interest, convenience and 
necessity.
    (b) Whenever the Commission grants any application in part, or 
subject to any terms or conditions other than those routinely applied to 
applications of the same type, the grant shall be considered final 
unless the Commission should revise its action (either by granting the 
application as originally requested, or by designating the application 
for hearing) in response to a petition for reconsideration which:
    (1) Is filed by the applicant within thirty (30) days from the 
release date of the conditioned grant; and
    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested.

[[Page 334]]

    (c) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.

   Forfeiture, Termination, and Reinstatement of Station Authorization



Sec. 25.160  Administrative sanctions.

    (a) A forfeiture may be imposed for failure to operate in 
conformance with the Communications Act, license specifications, any 
conditions imposed on an authorization, or any of the Commission's rules 
and regulations; or for failure to comply with Commission requests for 
information needed to complete international coordination or for failure 
to cooperate in Commission investigations with respect to international 
coordination.
    (b) A forfeiture will be imposed and the station license may be 
terminated for the malicious transmissions of any signal that causes 
harmful interference with any other radio communications or signals.
    (c) A station license may be revoked for any repeated and willful 
violation of the kind set forth in paragraphs (a) and (b) of this 
section.
    (d) The sanctions specified in paragraphs (a), (b), and (c) of this 
section will be imposed only after the licensee has been provided an 
opportunity to be heard pursuant to titles III and V of the 
Communications Act of 1934, as amended.
    (e) For purposes of this section, the term ``repeated'' and 
``willful'' are defined as set out in section 312(f) of the 
Communications Act, 47 U.S.C. 312(f).



Sec. 25.161  Automatic termination of station authorization.

    A station authorization shall be automatically terminated in whole 
or in part without further notice to the licensee upon:
    (a) The expiration of the required date of completion of 
construction or other required action specified in the authorization, or 
after any additional time authorized by the Commission, if a 
certification of completion of the required action has not been filed 
with the Commission unless a request for an extension of time has been 
filed with the Commission but has not been acted on;
    (b) The expiration of the license period, unless an application for 
renewal of the license has been filed with the Commission pursuant to 
Sec. 25.120(e); or
    (c) The removal or modification of the facilities which renders the 
station not operational for more than 90 days, unless specific authority 
is requested.



Sec. 25.162  Cause for termination of interference protection.

    The protection from interference afforded by the registration of a 
receiving earth station shall be automatically terminated if:
    (a) The request for registration is not submitted to the Commission 
within 3 months of the completion of the frequency coordination process, 
except as provided for in Sec. 25.203;
    (b) The receiving earth station is not constructed and placed into 
service within 6 months after completion of coordination;
    (c) The Commission finds that the station has been used less than 
50% of the time during any 12 month period;
    (d) The Commission finds that the station has been used for an 
unlawful purpose or otherwise in violation of the Commission's rules, 
regulations or policies;
    (e) The Commission finds that the actual use of the facility is 
inconsistent with what was set forth in the registrant's application; or
    (f) The Commission finds that the frequency coordination exhibit, 
upon which the granted registration is based, is incomplete or does not 
conform with established coordination procedures.



Sec. 25.163  Reinstatement.

    (a) A station authorization terminated in whole or in part under the 
provisions of Sec. 25.161 may be reinstated if the Commission, in its 
discretion, determines that reinstatement would best serve the public 
interest, convenience and necessity. Petitions for reinstatement will be 
considered only if:
    (1) The petition is filed within 30 days after the expiration date 
set forth in Sec. 25.161(a) or Sec. 25.161(b), whichever is applicable;

[[Page 335]]

    (2) The petition explains the failure to file a timely notification 
or renewal application; and
    (3) The petition sets forth with specificity the procedures which 
have been established to insure timely filings in the future.
    (b) A special temporary authorization shall automatically terminate 
upon the expiration date specified therein, or upon failure of the 
grantee to comply with any special terms or conditions set forth in the 
authorization. Temporary operation may be extended beyond the 
termination date only upon application to the Commission.



                     Subpart C--Technical Standards

    Source: 30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 
1971, unless otherwise noted.



Sec. 25.201  Definitions.

    Active satellite. An earth satellite carrying a station intended to 
transmit or re-transmit radiocommunication signals.
    Base Earth Station. An earth station in the fixed-satellite service 
or, in some cases, in the land mobile-satellite service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the land mobile-satellite service. (RR)
    Coordination distance. For the purposes 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.
    Earth station. A station located either on the Earth's surface or 
within the major portion of the Earth's atmosphere intended for 
communication:
    (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.
    Fixed earth station. An earth station intended to be used at a 
specified fixed point.
    Fixed-Satellite Service. A radiocommunication service between earth 
stations at given positions, when one or more satellites are used; the 
given position may be a specified fixed point or any fixed point within 
specified areas; in some cases this service includes satellite-to-
satellite links, which may also be operated in the inter-satellite 
service; the fixed-satellite service may also include feeder links of 
other space radiocommunication services. (RR)
    Geostationary satellite. A geosynchronous satellite whose circular 
and direct orbit lies in the plane of the Earth's equator and which thus 
remains fixed relative to the Earth; by extension, a satellite which 
remains approximately fixed relative to the Earth.
    Inter-Satellite Service. A radiocommunication service providing 
links between artificial earth satellites.
    Land Earth Station. An earth station in the fixed-satellite service 
or, in some cases, in the mobile-satellite service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the mobile-satellite service. (RR)
    Land Mobile Earth Station. A mobile earth station in the land 
mobile-satellite service capable of surface movement within the 
geographical limits of a country or continent. (RR)
    Mobile earth station. An earth station intended to be used while in 
motion or during halts at unspecified points.
    Mobile-Satellite Service. A radiocommunication service:
    (1) Between mobile earth stations and one or more space stations, or 
between space stations used by this service; or
    (2) Between mobile earth stations, by means of one or more space 
stations.

    This service may also include feeder links necessary for its 
operation. (RR)
    Non-Voice, Non-Geostationary Mobile-Satellite Service. A mobile-
satellite service reserved for use by non-geostationary satellites in 
the provision of non-voice communications which may include satellite 
links between land earth stations at fixed locations.

[[Page 336]]

    1.6/2.4 GHz Mobile-Satellite Service. A mobile-satellite service 
that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz frequency 
bands, or in any portion thereof.
    Passive satellite. An earth satellite intended to transmit radio 
communication signals by reflection.
    Protection areas. The geographic regions on the surface of the Earth 
where United States Department of Defense (``DoD'') meteorological 
satellite systems or National Oceanic and Atmospheric Administration 
(``NOAA'') meteorological satellite systems, or both such systems, are 
receiving signals from low earth orbiting satellites.
    Radiodetermination-Satellite Service. A radiocommunication service 
for the purpose of radiodetermination involving the use of one of more 
space stations. This service may also include feeder links necessary for 
its own operation. (RR)
    Satellite Digital Audio Radio Service (``DARS''). A 
radiocommunication service in which audio programming is digitally 
transmitted by one or more space stations directly to fixed, mobile, 
and/or portable stations, and which may involve complementary repeating 
terrestrial transmitters, telemetry, tracking and control facilities.
    Satellite system. A space system using one or more artificial earth 
satellites.
    Spacecraft. A man-made vehicle which is intended to go beyond the 
major portion of the Earth's atmosphere.
    Space operation service. A radiocommunication service concerned 
exclusively with the operation of spacecraft, in particular space 
tracking, space telemetry and space telecommand. These functions will 
normally be provided within the service in which the space station is 
operating.
    Space radiocommunication. Any radiocommunication involving the use 
of one or more space stations or the use of one or more reflecting 
satellites or other objects in space.
    Space station. A station located on an object which is beyond, is 
intended to go beyond, or has been beyond, the major portion of the 
Earth's atmosphere.
    Space system. Any group of cooperating earth stations and/or space 
stations employing space radiocommunication for specific purposes.
    Space telecommand. The use of radiocommunication for the 
transmission of signals to a space station to initiate, modify or 
terminate function of the equipment on a space object, including the 
space station.
    Space telemetering. The use of telemetering for the transmission 
from a space station of results of measurements made in a spacecraft, 
including those relating to the functioning of the spacecraft.
    Space tracking. Determination of the orbit, velocity or 
instantaneous position of an object in space by means of 
radiodetermination, excluding primary radar, for the purpose of 
following the movement of the object.
    Terrestrial radiocommunication. Any radiocommunication other than 
space radiocommunication or radio astronomy.
    Terrestrial station. A station effecting terrestrial 
radiocommunication.

[30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 1971; 48 FR 
40254, Sept. 6, 1983; 51 FR 18445, May 20, 1986; 54 FR 49993, Dec. 4, 
1989; 56 FR 42706, Aug. 29, 1991; 58 FR 68059, Dec. 23, 1993; 59 FR 
53329, Oct. 21, 1994; 62 FR 11105, Mar. 11, 1997; 62 FR 59296, Nov. 3, 
1997]



Sec. 25.202  Frequencies, frequency tolerance and emission limitations.

    (a)(1) Frequency bands. The following frequencies are available for 
use by the fixed-satellite service. Precise frequencies and bandwidths 
of emission shall be assigned on a case-by-case basis.

------------------------------------------------------------------------
                                                          Earth-to-space
                  Space-to-Earth (GHz)                         (GHz)
------------------------------------------------------------------------
3.7-4.2 \1\.............................................  \1\ 5.925-6.42
                                                                 5
10.95-11.2 \1\..........................................  \4\ 13.75-14.0
11.45-11.7 \2\..........................................  \5\ 14.0-14.2
11.7-12.2 \3\...........................................  14.2-14.5
17.7-19.7 \1\...........................................  \1\ 27.5-29.5
19.7-20.2...............................................  29.5-30.0
------------------------------------------------------------------------
\1\ This band is shared coequally with terrestrial radiocommunication
  services.
\2\ Use of this band by the fixed-satellite service is limited to
  international systems, i.e., other than domestic systems.
\3\ Use of this band by the fixed-satellite service in Region 2 is
  limited to national and subregional systems. Fixed-satellite
  transponders may be used additionally for transmissions in the
  broadcasting-satellite service.
\4\ This band is shared on an equal basis with the Government
  radiolocation service, grandfathered space stations in the Tracking
  and Data Relay Satellite System, and until January 1, 2000, spaceborne
  sensors.
\5\ In this band, stations in the radionavigation service shall operate
  on a secondary basis to the fixed-satellite service.


[[Page 337]]

    (2) The following frequencies are available for use by the 
Radiodetermination Satellite Service:

1610-1626.5 MHz: User-to-Satellite Link
2483.5-2500 MHz: Satellite-to-User Link


Fixed-Satellite service frequencies may be used for links between 
radiodetermination satellites and control centers, including the 
following designated bands, subject to the Rules in this subpart:

5150-5216 MHz: Satellite-to-Control Center Link
6525-6541.5 MHz: Control Center-to-Satellite Link

    (3) The following frequencies are available for use by the non-
voice, non-geostationary mobile-satellite service:

137-138 MHz: space-to-Earth
148-149.9 MHz: Earth-to-space
149.9-150.05 MHz: Earth-to-space
399.9-400.05 MHz: Earth-to-space
400.15-401 MHz: space-to-Earth

Until January 1, 1997, the allocations in the 149.9-150.05 MHz and 
399.9-400.05 MHz bands may be used on a secondary basis only. Since the 
399.9-400.05 MHz band is not allocated internationally to the mobile-
satellite service, all operations outside the United States will be on a 
non-interference basis only.

    (4) The following frequencies are available for use by the 1.6/2.4 
GHz Mobile-Satellite Service:

1610-1626.5 MHz: User-to-Satellite Link
1613.8-1626.5 MHz: Satellite-to-User Link (secondary)
2483.5-2500 MHz: Satellite-to-User Link

    (5) The following frequencies are available for use by the inter-
satellite service:

22.55-23.00 GHz
23.00-23.55 GHz
24.45-24.65 GHz
24.65-24.75 GHz

    (6) The following spectrum is available for exclusive use by the 
satellite digital audio radio service:

2320-2345 MHz: space-to-Earth (primary).

    (b) Other frequencies and associated bandwidths of emission may be 
assigned on a case-by-case basis to space systems under this part in 
conformance with Sec. 2.106 of this chapter and the Commission's rules 
and policies.
    (c) Orbital locations assigned to space stations licensed under this 
part by the commission are subject to change by summary order of the 
Commission on 30 days notice. An authorization to construct and/or to 
launch a space station becomes null and void if the construction is not 
begun or is not completed, or if the space station is not launched and 
positioned at its assigned orbital location and operations commenced in 
accordance with the station authorization, by the respective date(s) 
specified in the authorization. Frequencies and orbital location 
assignments are subject to the policies set forth in the Report and 
Order, FCC 83-184, adopted April 27, 1983 in CC Docket No. 81-704 and 
the Report and Order, adopted July 25, 1985 in CC Docket No. 84-1299 as 
modified by the Report and Order, adopted January 19, 1996 in IB Docket 
No. 95-41.
    (d) Frequency tolerance, Earth stations. The carrier frequency of 
each earth station transmitter authorized in these services shall be 
maintained within 0.001 percent of the reference frequency.
    (e) Frequency tolerance, space stations. The carrier frequency of 
each space station transmitter authorized in these services shall be 
maintained within 0.002 percent of the reference frequency.
    (f) Emission limitations. The mean power of emissions shall be 
attenuated below the mean output power of the transmitter in accordance 
with the following schedule:
    (1) 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 100 
percent of the authorized bandwidth: 25 dB;
    (2) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 100 percent up to and including 250 
percent of the authorized bandwidth: 35 dB;
    (3) 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: An amount equal to 43 dB plus 10 times the logarithm (to the 
base 10) of the transmitter power in watts;
    (4) In any event, when an emission outside of the authorized 
bandwidth causes harmful interference, the Commission may, at its 
discretion, require greater attenuation than specified in

[[Page 338]]

paragraphs (f) (1), (2) and (3) of this section.
    (g) Telemetry, tracking and telecommand functions for U.S. domestic 
satellites shall be conducted at either or both edges of the allocated 
band(s). Frequencies, polarization and coding shall be selected to 
minimize interference into other satellite networks and within their own 
satellite system.

[30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 1971; 38 FR 
8573, Apr. 4, 1973; 39 FR 33527, Sept. 18, 1974; 48 FR 40254, Sept. 6, 
1983; 50 FR 36079, Sept. 5, 1985; 51 FR 18445, May 20, 1986; 51 FR 
20975, June 10, 1986; 54 FR 49993, Dec. 4, 1989; 56 FR 24024, May 28, 
1991; 58 FR 13419, Mar. 11, 1993; 58 FR 68061, Dec. 23, 1993; 59 FR 
53329, Oct. 21, 1994; 61 FR 9952, Mar. 12, 1996; 61 FR 52307, Oct. 7, 
1996; 62 FR 11105, Mar. 11, 1997]



Sec. 25.203  Choice of sites and frequencies.

    (a) Sites and frequencies for earth stations, operating in frequency 
bands shared with equal rights between terrestrial and space services, 
shall be selected, to the extent practicable, in areas where the 
surrounding terrain and existing frequency usage are such as to minimize 
the possibility of harmful interference between the sharing services.
    (b) An applicant for an earth station authorization in a frequency 
band shared with equal rights with terrestrial microwave services shall 
compute the great circle coordination distance contour(s) for the 
proposed station in accordance with the procedures set forth in 
Sec. Sec. 25.251 through 25.253 and the rain scatter coordination 
distance contour(s) for the proposed station in accordance with the 
procedures set forth in Sec. 25.254. The applicant shall submit with the 
application a map or maps drawn to appropriate scale and in a form 
suitable for reproduction indicating the location of the proposed 
station and these contours. These maps, together with the pertinent data 
on which the computation of these contours is based, including all 
relevant transmitting and/or receiving parameters of the proposed 
station that might be useful in assessing the likelihood of 
interference, an appropriately scaled plot of the elevation of the local 
horizon as a function of azimuth, and the electrical characteristics of 
the earth station antenna(s), shall be submitted by the applicant in a 
single exhibit to the application. The coordination distance contour 
plot(s), horizon elevation plot, and antenna horizon gain plot(s) 
required by this section may also be submitted in tabular numerical 
format at 5 deg. azimuthal increments instead of graphical format. At a 
minimum, this exhibit shall include the information listed in paragraph 
(c)(2) of this section. An earth station applicant shall also include in 
the application relevant technical details (both theoretical 
calculations and/or actual measurements) of any special techniques, such 
as the use of artificial site shielding, or operating procedures or 
restrictions at the proposed earth station which are to be employed to 
reduce the likelihood of interference, or of any particular 
characteristics of the earth station site which could have an effect on 
the calculation of the coordination distance.
    (c) Prior to the filing of his application, an earth station 
applicant shall coordinate the proposed frequency usage with existing 
terrestrial users and with applicants for terrestrial station 
authorizations with previously filed applications in accordance with the 
following procedure:
    (1) An applicant for an earth station authorization shall perform an 
interference analysis in accordance with the procedures set forth in 
Sec. 25.255 for each terrestrial station, for which a license or 
construction permit has been granted or for which an application has 
been accepted for filing, which is or is to be operated in a shared 
frequency band to be used by the proposed earth station and which is 
located within the great circle coordination distance contour(s) of the 
proposed earth station.
    (2) The earth station applicant shall provide each such terrestrial 
station licensee, permittee, and prior filed applicant with the 
technical details of the proposed earth station and the relevant 
interference analyses that were made. At a minimum, the earth station 
applicant shall provide the terrestrial user with the following 
technical information:
    (i) The geographical coordinates of the proposed earth station 
antenna(s),

[[Page 339]]

    (ii) Proposed operating frequency band(s) and emission(s),
    (iii) Antenna center height above ground and ground elevation above 
mean sea level,
    (iv) Antenna gain pattern(s) in the plane of the main beam,
    (v) Longitude range of geostationary satellites at which antenna may 
be pointed,
    (vi) Horizon elevation plot,
    (vii) Antenna horizon gain plot(s) determined in accordance with 
Sec. 25.253(b) for satellite longitude range specified in paragraph 
(c)(2)(v) of this section, taking into account the provisions of 
Sec. 25.253(a)(2) for earth stations operating with non-geostationary 
satellites.
    (viii) Minimum elevation angle,
    (ix) Maximum effective isotropically radiated power (EIRP) in any 4 
kHz band in the main beam, (dBW/4 kHz),
    (x) Maximum available RF transmit power in any 1 MHz band and in any 
4 kHz band at the input terminals of the antenna(s),
    (xi) Maximum permissible RF interference power level as determined 
in accordance with Sec. 25.252 for all applicable percentages of time, 
and
    (xii) A plot of great circle coordination distance contour(s) and 
rain scatter coordination distance contour(s) as determined by 
Secs. 25.253 and 25.254.
    (3) The coordination procedure specified in Sec. 21.100(d) of this 
chapter shall be applicable except that the information to be provided 
shall be that set forth in paragraph (c)(2) of this section, and that 
the 30-day period allowed for response to a request for coordination may 
be increased to a maximum of 45 days by mutual consent of the parties.
    (4) 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 harmful interference 
(such as the use of artificial site shielding) or would result in 
lessened quality or capacity of either system, the details thereof shall 
be contained in the application.
    (5) 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 Sec. Sec. 251.251 through 
25.256, showing that harmful interference is not likely to result from 
the proposed operation.
    (d) An applicant for an earth station authorization shall also 
ascertain whether the great circle coordination distance contours and 
rain scatter coordination distance contours, computed for those values 
of parameters indicated in table 1 of Sec. 25.252 for international 
coordination, cross the boundaries of another administration. In this 
case, the applicant shall furnish the Commission copies of these 
contours on maps drawn to appropriate scale for use by the Commission in 
effecting coordination of the proposed earth station with the 
administration(s) affected.
    (e) Protection for Table Mountain Radio Receiving Zone, Boulder 
County, Colorado.
    (1) 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 deg. 07' 50" N Latitude, 105 deg. 14' 40" W Longitude) resulting from 
new assignments (other than mobile stations) or from the modification or 
relocation of existing facilities do not exceed the following values:

------------------------------------------------------------------------
                                                 In authorized bandwidth
                                                       of service
                                               -------------------------
                Frequency range                    Field      Power flux
                                                  strength     density1
                                                   (mV/m)     (dBW/m\2\)
------------------------------------------------------------------------
Below 540 kHz.................................           10        -65.8
540 to 1600 kHz...............................           20        -59.8
1.6 to 470 MHz................................           10       2-65.8
470 to 890 MHz................................           30       2-56.2
Above 890 MHz.................................            1       2-85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120 ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.


[[Page 340]]

    (2) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.5 kilometers;
    (ii) Stations within 5 kilometers with 50 watts or more average 
effective radiated power (ERP) in the primary plane of polarization in 
the azimuthal direction of the Table Mountain Radio Receiving Zone;
    (iii) Stations within 15 kilometers with 1 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone;
    (iv) Stations within 80 kilometers with 25 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone.
    (3) 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.
    (4) 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, delivers a signal at the site in excess of the field 
strength specified herein.
    (f) Notification to the National Radio Astronomy Observatory: In 
order to minimize possible harmful interference at the National Radio 
Astronomy Observatory site located at Green Bank, Pocahontas 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 mobile, temporary base, temporary fixed, Personal Radio, Civil Air 
Patrol, or amateur seeking a station license for a new station, a 
construction permit to construct a new station or to modify an existing 
station license in a manner which would change either the frequency, 
power, antenna height or directivity, or location of such a station 
within the area bounded by 39 deg.15' N. on the north, 78 deg.30' W. on 
the east, 37 deg.30' N. on the south and 80 deg.30' W. on the west 
shall, at the time of filing such application with the Commission, 
simultaneously notify the Director, National Radio Astronomy 
Observatory, P.O. Box No. 2, Green Bank, W. Va. 24944, in writing, of 
the technical particulars of the proposed station. Such notification 
shall include the geographical coordinates of the antenna, antenna 
height, antenna directivity if any, proposed frequency, type of 
emission, and power. In addition, the applicant shall 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 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.
    (g) 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 Sec. 0.121(c) of the Commission's Rules. Applications for 
stations (except mobile stations) which will produce on any frequency a 
direct wave fundamental field strength of greater

[[Page 341]]

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) 632-6980.
    (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 2.5 kilometers;
    (ii) Stations within 5 kilometers with 50 watts or more average 
effective radiated power (ERP) in the primary plane of polarization in 
the azimuthal direction of the Monitoring Station;
    (iii) Stations within 15 kilometers with 1 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of the 
Monitoring Station;
    (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 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (h)(2) and (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.
    (h) Sites and frequencies for GSO and NGSO earth stations, operating 
in a frequency band where both have a co-primary allocation, shall be 
selected to avoid earth station antenna mainlobe-to-satellite antenna 
mainlobe coupling, between NGSO systems and between NGSO and GSO 
systems, in order to minimize the possibility of harmful interference 
between these services. Prior to filing an earth station application, in 
bands with co-primary allocations to NGSO and GSO earth stations, the 
applicant shall coordinate the proposed site and frequency usage with 
existing earth station licensees and with current earth station 
authorization applicants.
    (i) Any applicant for a new permanent transmitting fixed earth 
station authorization to be located on the islands of Puerto Rico, 
Desecheo, Mona, Vieques, and Culebra, or for a modification of an 
existing authorization which would change the frequency, power, antenna 
height, directivity, or location of such station on these islands and 
would increase the likelihood of the authorized facility causing 
interference, shall notify the Interference Office, Arecibo Observatory, 
Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or 
electronically, of the technical parameters of the proposal. Applicants 
may wish to consult interference guidelines, which will be provided by 
Cornell University. Applicants who choose to transmit information 
electronically should e-mail to: [email protected]
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the antenna (NAD-83 datum), antenna height 
above ground,

[[Page 342]]

ground elevation at the antenna, antenna directivity and gain, proposed 
frequency and FCC Rule Part, type of emission, effective radiated power, 
and whether the proposed use is itinerant. Generally, submission of the 
information in the technical portion of the FCC license application is 
adequate notification. In addition, the applicant shall indicate in its 
application to the Commission the date notification was made to the 
Arecibo Observatory.
    (2) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts in order to resolve or mitigate any 
potential interference problem with the Arecibo Observatory and to file 
either an amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted.
    (3) The provisions of this paragraph do not apply to operations that 
transmit on frequencies above 15 GHz.
    (j) Applicants for non-geostationary 1.6/2.4 GHz Mobile-Satellite 
Service/ Radiodetermination satellite service feeder links in the bands 
17.7-20.2 GHz and 27.5-30.0 GHz shall indicate the frequencies and 
spacecraft antenna gain contours towards each feeder-link earth station 
location and will coordinate with licensees of other fixed-satellite 
service and terrestrial-service systems sharing the band to determine 
geographic protection areas around each non-geostationary mobile-
satellite service/radiodetermination satellite service feeder-link earth 
station.
    (k) An applicant for an earth station that will operate with a 
geostationary satellite or non-geostationary satellite in a shared 
frequency band in which the non-geostationary system is (or is proposed 
to be) licensed for feeder links, shall demonstrate in its applications 
that its proposed earth station will not cause unacceptable interference 
to any other satellite network that is authorized to operate in the same 
frequency band, or certify that the operations of its earth station 
shall conform to established coordination agreements between the 
operator(s) of the space station(s) with which the earth station is to 
communicate and the operator(s) of any other space station licensed to 
use the band.

[30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 1971; 38 FR 
8573, Apr. 4, 1973; 42 FR 8329, Feb. 9, 1977; 44 FR 77167, Dec. 31, 
1979; 50 FR 40862, Oct. 7, 1985; 58 FR 13419, Mar. 11, 1993; 58 FR 
44904, Aug. 25, 1993; 59 FR 53329, Oct. 21, 1994; 61 FR 8477, Mar. 5, 
1996; 61 FR 9945, Mar. 12, 1996; 61 FR 44181, Aug. 28, 1996; 62 FR 
55531, Oct. 27, 1997]



Sec. 25.204  Power limits.

    (a) In bands shared coequally with terrestrial radio communication 
services, the equivalent isotropically radiated power transmitted in any 
direction towards the horizon by an earth station operating in frequency 
bands between 1 and 15 GHz, shall not exceed the following limits except 
as provided for in paragraph (c) of this section:

+40 dBW in any 4 KHz band for :0 deg.
+40+3 05 deg.


where <5 deg.


where 
Sec. 25.205  Minimum angle of antenna elevation.

    Earth station antennas shall not normally be authorized for 
transmission at angles less than 5 deg. measured from the horizontal 
plane to the direction of maximum radiation. However, upon a showing 
that the transmission path will be seaward and away from land masses or 
upon special showing of need for lower angles by the applicant, the 
Commission will consider authorizing transmissions at angles between 
3 deg. and 5 deg. in the pertinent directions. In certain instances, it 
may be necessary to specify minimum angles greater than 5 deg. because 
of interference considerations.

[48 FR 40255, Sept. 6, 1983]



Sec. 25.206  Station identification.

    The requirement for transmission of station identification is waived 
for all radio stations licensed under this part with the exception of 
satellite uplinks carrying broadband video information which are 
required to incorporate ATIS in accordance with the provisions set forth 
under Sec. 25.308 of these rules.

[55 FR 21551, May 25, 1990]



Sec. 25.207  Cessation of emissions.

    Space stations shall be made capable of ceasing radio emissions by 
the use of appropriate devices (battery life, timing devices, ground 
command, etc.) that will ensure definite cessation of emissions.



Sec. 25.208  Power flux density limits.

    (a) In the band 3700-4200 MHz, the power flux density at the Earth's 
surface produced by emissions from a space station for all conditions 
and for all methods of modulation shall not exceed the following values:

-152 dB(W/m2) in any 4 kHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane;
-152+(-5)/2 dB(W/m2) in any 4 kHz band for angles of 
arrival  (in degrees) between 5 and 25 degrees above the 
horizontal plane; and
-142 dB(W/m2) in any 4 kHz band for angles of arrival between 
25 and 90 degrees above the horizontal plane


These limits relate to the power flux density which would be obtained 
under assumed free-space propagation conditions.
    (b) In the bands 10.95-11.2 and 11.45-11.7 GHz, the power flux 
density at the Earth's surface produced by emissions from a space 
station for all conditions

[[Page 344]]

and for all methods of modulation shall not exceed the following values:

-150 dB(W/m2) in any 4 kHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane;
-150+(-5)/2 dB(W/m2) in any 4 kHz band for angles of 
arrival  (in degrees) between 5 and 25 degrees above the 
horizontal plane; and
-140 dB(W/m2) in any 4 kHz band for angles of arrival between 
25 and 90 degrees above the horizontal plane


These limits relate to the power flux density which would be obtained 
under assumed free-space propagation conditions.
    (c) In the 17.7-19.7 GHz, 22.55-23.00 GHz, 23.00-23.55 GHz, and 
24.45-24.75 GHz frequency bands, the power flux density at the Earth's 
surface produced by emissions from a space station for all conditions 
and for all methods of modulation shall not exceed the following values:
    (1) 115 dB (W/m\2\) in any 1 MHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane.
    (2) 115+0.5 (d-5) dB (W/m\2\) in any 1 MHz band for angles of 
arrival d (in degrees) between 5 and 25 degrees above the horizontal 
plane.
    (3) 105 dB (W/m\2\) in any 1 MHz band for angles of arrival between 
25 and 90 degrees above the horizontal plane.

[48 FR 40255, Sept. 6, 1983, as amended at 52 FR 45636, Dec. 1, 1987; 59 
FR 53329, Oct. 21, 1994]



Sec. 25.209  Antenna performance standards.

    (a) The gain of any antenna to be employed in transmission from an 
earth station in the fixed-satellite service shall lie below the 
envelope defined below:
    (1) In the plane of the geostationary satellite orbit as it appears 
at the particular earth station location:
[GRAPHIC] [TIFF OMITTED] TC13NO91.008


where Theta is the angle in degrees from the axis of the main lobe, and 
dBi refers to dB relative to an isotropic radiator. For the purposes of 
this section, the peak gain of an individual sidelobe may not exceed the 
envelope defined above for Theta between 1.0 and 7.0 degrees. For Theta 
greater than 7.0 degrees, the envelope may be exceeded by no more than 
10% of the sidelobes, provided no individual sidelobe exceeds the gain 
envelope given above by more than 3 dB.
    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:
[GRAPHIC] [TIFF OMITTED] TC13NO91.009


where Theta and dBi are defined above. For the purposes of this section, 
the envelope may be exceeded by no more than 10% of the sidelobes 
provided no individual sidelobe exceeds the gain envelope given above by 
more than 6 dB. The region of the main reflector spillover energy is to 
be interpreted as a single lobe and shall not exceed the envelope by 
more than 6 dB.
    (b) The off-axis cross-polarization gain of any antenna to be 
employed in transmission from an earth station to a space station in the 
domestic fixed-satellite service shall be defined by:
[GRAPHIC] [TIFF OMITTED] TC13NO91.010

    (c) Earth station antennas licensed for reception of radio 
transmissions from a space station in the fixed-satellite service are 
protected from radio interference caused by other space stations only to 
the degree to which harmful interference would not be expected to be 
caused to an earth station employing an antenna conforming to the 
referenced patterns defined in paragraphs (a) and (b) of this section, 
and protected from radio interference caused by terrestrial radio 
transmitters identified by the frequency coordination process only to 
the degree to which harmful interference would not be expected to be 
caused to an earth station conforming to the reference pattern defined 
in paragraph (a)(2) of this section.

[[Page 345]]

    (d) The patterns specified in paragraphs (a) and (b) of this section 
shall apply to all new earth station antennas initially authorized after 
February 15, 1985 and shall apply to all earth station antennas after 
March 11, 1994.
    (e) The operations of any earth station with an antenna not 
conforming to the standards of paragraphs (a) and (b) of this section 
shall impose no limitations upon the operation, location or design of 
any terrestrial station, any other earth station, or any space station 
beyond those limitations that would be expected to be imposed by an 
earth station employing an antenna conforming to the reference patterns 
defined in paragraphs (a) and (b) of this section.
    (f) An earth station with an antenna not conforming to the standards 
of paragraphs (a) and (b) of this section will be routinely authorized 
after February 15, 1985 upon a finding by the Commission that 
unacceptable levels of interference will not be caused under conditions 
of uniform 2 deg. orbital spacings. An earth station antenna initially 
authorized on or before Feburary 15, 1985 will be authorized by the 
Commission to continue to operate as long as such operations are found 
not to cause any unacceptable levels of adjacent satellite interference. 
In either case, the Commission will impose appropriate terms and 
conditions in its authorization of such facilities and operations.
    (g) The antenna performance standards of small antennas operating in 
the 12/14 GHz band with diameters as small as 1.2 meters starts at 
1.25 deg. instead of 1 deg. as stipulated in paragraph (a) of this 
section.

[48 FR 40255, Sept. 6, 1983, as amended at 50 FR 2675, Jan. 18, 1985; 50 
FR 39004, Sept. 26, 1985; 58 FR 13420, Mar. 11, 1993]



Sec. 25.210  Technical requirements for space stations in the Fixed-Satellite Service.

    (a) All space stations in the Fixed-Satellite Service used for 
domestic service in the 4/6 GHz frequency band shall:
    (1) Use orthogonal linear polarization with one of the planes 
defined by the equatorial plane;
    (2) Be designed so that the polarization sense of uplink 
transmissions is opposite to that of downlink transmissions on the same 
transponder; and
    (3) Shall be capable of switching polarization sense upon ground 
command.
    (b) All space stations in the Fixed-Satellite Service in the 20/30 
GHz band shall use either orthogonal linear or orthogonal circular 
polarization. Those space stations utilizing orthogonal linear 
polarization shall also comply with paragraph (a) of this section.
    (c) All space stations in the Fixed-Satellite Service shall have a 
minimum capability to change transponder saturation flux densities by 
ground command in 4 dB steps over a range of 12 dB.
    (d) All space stations in the Fixed Satellite Service in the 20/30 
GHz band shall employ state-of-the-art full frequency reuse either 
through the use of orthogonal polarizations within the same beam and/or 
through the use of spatially independent beams.
    (e) All space stations in the Fixed-Satellite Service shall be 
designed to derive the maximum capacity feasible from the assigned 
orbital location. In particular, space stations in the Fixed-Satellite 
Service are required to employ state-of-the-art full frequency re-use 
using both horizontal and vertical polarization.
    (f) For fixed-satellite space stations providing domestic service, 
full frequency re-use is defined as re-use of the frequency bands by 
polarization discrimination in both the uplink and downlink directions 
using state-of-the-art equipment and techniques.
    (g) For fixed-satellite space stations providing international 
service, full frequency re-use is defined as follows:
    (1) Satellites must employ polarization discrimination so that, 
through the use of dual polarization, they shall be able to reuse both 
the uplink and downlink frequency band assignments.
    (2) Satellites must be configured so that all assigned frequencies 
(in both polarizations) could be reused in beams serving widely separate 
areas.
    (h)  [Reserved]
    (i) Space station antennas in the Fixed-Satellite Service must be 
designed to provide a cross-polarization isolation such that the ratio 
of the on

[[Page 346]]

axis co-polar gain to the cross-polar gain of the antenna in the 
assigned frequency band shall be at least 30 dB within its primary 
coverage area.
    (j) Space stations to be operated in the geostationary satellite 
orbit must be:
    (1) Designed with the capability of being maintained in orbit within 
0.05 deg. of their assigned orbital longitude,
    (2) Maintained in orbit at their assigned orbital longitude within 
the longitudinal tolerance specified by the Commission, and
    (3) The Commission may authorize operations at assigned orbital 
longitudes offset by 0.05 deg. or multiples thereof from the nominal 
orbital location specified in the station authorizations.
    (k) Antenna measurements of both co-polarized and cross-polarized 
performance must be made on all antennas employed by space stations both 
within the primary coverage area to facilitate coordination with other 
Commission space station licensees and outside the primary coverage area 
to facilitate international frequency coordination with other 
Administrations. The results of such measurements shall be submitted to 
the Commission within thirty days after preliminary in-orbit testing is 
completed.
    (l) All operators of space stations shall, on June 30 of each year, 
file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, containing the 
following information current as of May 31 of that year:
    (1) Status of satellite construction and anticipated launch dates, 
including any major problems or delays encountered;
    (2) A listing of any non-scheduled transponder outages for more than 
thirty minutes and the cause(s) of such outages;
    (3) A detailed description of the utilization made of each 
transponder on each of the in-orbit satellites. This description should 
identify the total capacity or the percentage of time each transponder 
is actually used for transmission, and the amount of unused system 
capacity in the transponder. This information is not required for those 
transponders that are sold on a non-common carrier basis. In that case, 
operators should indicate the number of transponders sold on each in-
satellite orbit.
    (4) Identification of any transponders not available for service or 
otherwise not performing to specifications, the cause of these 
difficulties, and the date any transponder was taken out of service or 
the malfunction identified.

[58 FR 13420, Mar. 11, 1993, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5931, Feb. 10, 1997; 62 FR 61457, Nov. 18, 1997]



Sec. 25.211  Video transmissions in the Fixed-Satellite Service.

    (a) Downlink analog video transmissions in the band 3700-4200 MHz 
shall be transmitted only on a center frequency of 3700+20N MHz, where 
N=1 to 24. The corresponding uplink frequency shall be 2225 MHz higher.
    (b) All 4/6 GHz analog video transmissions shall contain an energy 
dispersal signal at all times with a minimum peak-to-peak bandwidth set 
at whatever value is necessary to meet the power flux density limits 
specified in Sec. 25.208(a) and successfully coordinated internationally 
and accepted by adjacent U.S. satellite operators based on the use of 
state of the art space and earth station facilities. Further, all 
transmissions operating in frequency bands described in Sec. 25.208 (b) 
and (c) shall also contain an energy dispersal signal at all times with 
a minimum peak-to-peak bandwidth set at whatever value is necessary to 
meet the power flux density limits specified in Sec. 25.208(b) and (c) 
and successfully coordinated internationally and accepted by adjacent 
U.S. satellite operators based on the use of state of the art space and 
earth station facilities. The transmission of an unmodulated carrier at 
a power level sufficient to saturate a transponder is prohibited, except 
by the space station licensee to determine transponder performance 
characteristics. All 12/14 GHz video transmissions for TV/FM shall 
identify the particular carrier frequencies for necessary coordination 
with adjacent U.S. satellite systems and affected satellite systems of 
other administrations.
    (c) All initial analog video transmissions shall be preceded by a 
video test transmission at an uplink e.i.r.p.

[[Page 347]]

at least 10 dB below the normal operating level. The earth station 
operator shall not increase power until receiving notification from the 
satellite network control center that the frequency and polarization 
alignment are satisfactory pursuant to the procedures specified in 
Sec. 25.272. The stationary earth station operator that has successfully 
transmitted an initial video test signal to a satellite pursuant to this 
paragraph is not required to make subsequent video test transmissions if 
subsequent transmissions are conducted using exactly the same parameters 
as the initial transmission.
    (d) In the 6 GHz band, an earth station with an equivalent diameter 
of 9 meters or smaller may be routinely licensed for transmission to 
full transponder services if the maximum power into the antenna does not 
exceed 450 watts (26.5 dBW). In the 14 GHz band, an earth station with 
an equivalent diameter of 5 meters or smaller may be routinely licensed 
for transmission of full transponder services if the maximum power into 
the antenna does not exceed 500 watts (27 dBW).

[58 FR 13421, Mar. 11, 1993, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5931, Feb. 10, 1997]



Sec. 25.212  Narrowband transmissions in the Fixed-Satellite Service.

    (a) Except as otherwise provided by this part, criteria for 
unacceptable levels of interference caused by other satellite networks 
shall be established on the basis of nominal operating conditions and 
with the objective of minimizing orbital separations between satellites.
    (b) Emissions with an occupied bandwidth of less than 2 MHz are not 
protected from interference from wider bandwidth transmissions if the 
r.f. carrier frequency of the narrowband signal is within 1 
MHz of one of the frequencies specified in Sec. 25.211(a).
    (c) In the 14 GHz band, an earth station with an equivalent diameter 
of 1.2 meters or greater may be routinely licensed for transmission of 
narrowband analog services with bandwidths up to 200 kHz if the maximum 
input power density into the antenna does not exceed -8 dBW/4 kHz and 
the maximum transmitted satellite carrier EIRP density does not exceed 
13 dBW/4 kHz, and for transmission of narrowband and/or wideband digital 
services, if the maximum input power density into the antenna does not 
exceed -14 dBW/4 kHz and the maximum transmitted satellite carrier EIRP 
density does not exceed +6.0 dBW/4 kHz.
    (d) In the 6 GHz band, an earth station with an equivalent diameter 
of 4.5 meters or greater may be routinely licensed for transmission of 
SCPC services if the maximum power densities into the antenna do not 
exceed +0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to 200 
kHz, and do not exceed -2.7 dBW/4 kHz for narrow and/or wideband digital 
SCPC carriers.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 62 
FR 51378, Oct. 1, 1997]



Sec. 25.213  Inter-Service coordination requirements for the 1.6/2.4 GHz mobile-satellite service.

    (a) Protection of the radio astronomy service in the 1610.6-1613.8 
MHz band against interference from 1.6/2.4 GHz Mobile-Satellite Service 
systems.
    (1) Protection zones. All 1.6/2.4 GHz Mobile Satellite Service 
systems shall be capable of determining the position of the user 
transceivers accessing the space segment through either internal 
radiodetermination calculations or external sources such as LORAN-C or 
the Global Positioning System. During periods of radio astronomy 
observations, land mobile earth stations shall not operate when located 
within geographic protection zones defined by the radio observatory 
coordinates and separation distances as follows:
    (i) In the band 1610.6-1613.8 MHz, within a 160 km radius of the 
following radio astronomy sites:

------------------------------------------------------------------------
                                                   Latitude    Longitude
                   Observatory                       (DMS)       (DMS)
------------------------------------------------------------------------
Arecibo, PR.....................................    18 20 46    66 45 11
Green Bank Telescope, WV........................    38 25 59    79 50 24
                                                    38 26 09    79 49 42
Very Large Array, NM............................    34 04 43   107 37 04
Owens Valley, CA................................    37 13 54   118 17 36
Ohio State, OH..................................    40 15 06    83 02 54
------------------------------------------------------------------------

    (ii) In the band 1610.6-1613.8 MHz, within a 50 km radius of the 
following sites:

[[Page 348]]



------------------------------------------------------------------------
                                                   Latitude    Longitude
                   Observatory                       (DMS)       (DMS)
------------------------------------------------------------------------
Pile Town, NM...................................    34 18 04   108 07 07
Los Alamos, NM..................................    35 46 30   106 14 42
Kitt Peak, AZ...................................    31 57 22   111 36 42
Ft. Davis, TX...................................    30 38 06   103 56 39
N. Liberty, IA..................................    41 46 17    91 34 26
Brewster, WA....................................    48 07 53   119 40 55
Owens Valley, CA................................    37 13 54   118 16 34
St. Croix, VI...................................    17 45 31    64 35 03
Mauna Kea, HI...................................    19 48 16   155 27 29
Hancock, NH.....................................    42 56 01    71 59 12
------------------------------------------------------------------------

    (iii) Out-of-band emissions of a mobile earth station licensed to 
operate within the 1610.0-1626.5 MHz band shall be attenuated so that 
the power flux density it produces in the 1610.6-1613.8 MHz band at any 
radio astronomy site listed in paragraph (a)(1) (i) or (ii) of this 
section shall not exceed the emissions of a mobile earth station 
operating within the 1610.6-1613.8 MHz band at the edge of the 
protection zone applicable for that site. As an alternative, a mobile 
earth station shall not operate during radio astronomy observations 
within the 1613.8-1615.8 MHz band within 100 km of the radio astronomy 
sites listed in paragraph (a)(1)(i) of this section, and within 30 km of 
the sites listed in paragraph (a)(1)(ii) of this section, there being no 
restriction on a mobile earth station operating within the 1615.8-1626.5 
MHz band.
    (iv) For airborne mobile earth stations operating in the 1610.0-
1626.5 MHz band, the separation distance shall be the larger of the 
distances specified in paragraph (a)(1) (i), (ii) or (iii) of this 
section, as applicable, or the distance, d, as given by the formula:

  d (km) = 4.1 square root of (h)

where h is the altitude of the aircraft in meters above ground level.
    (v) Smaller geographic protection zones may be used in lieu of the 
areas specified in paragraphs (a)(1) (i), (ii), (iii), and (iv) of this 
section if agreed to by the Mobile-Satellite Service licensee and the 
Electromagnetic Spectrum Management Unit (ESMU), National Science 
Foundation, Washington, D.C. upon a showing by the Mobile-Satellite 
Service licensee that the operation of a mobile earth station will not 
cause harmful interference to a radio astronomy observatory during 
periods of observation.
    (vi) The ESMU shall notify Mobile-Satellite Service space station 
licensees authorized to operate mobile earth terminals in the 1610.0-
1626.5 MHz band of periods of radio astronomy observations. The mobile-
satellite systems shall be capable of terminating operations within the 
frequency bands and protection zones specified in paragraphs (a)(1) (i) 
through (iv) of this section, as applicable, after the first position 
fix of the mobile earth terminal either prior to transmission or, based 
upon its location within the protection zone at the time of initial 
transmission of the mobile earth terminal. Once the mobile-satellite 
system determines that a mobile earth terminal is located within an RAS 
protection zone, the mobile-satellite system shall immediately initiate 
procedures to relocate the mobile earth terminal operations to a non-RAS 
frequency.
    (vii) A beacon-actuated protection zone may be used in lieu of fixed 
protection zones in the 1610.6-1613.8 MHz band if a coordination 
agreement is reached between a mobile-satellite system licensee and the 
ESMU on the specifics of beacon operations.
    (viii) Additional radio astronomy sites, not located within 100 
miles of the 100 most populous urbanized areas as defined by the United 
States Census Bureau at the time, may be afforded similar protection one 
year after notice to the mobile-satellite system licensees by issuance 
of a public notice by the Commission.
    (2) Mobile-Satellite Service space stations transmitting in the 
1613.8-1626.5 MHz band shall take whatever steps necessary to avoid 
causing harmful interference to the radio astronomy facilities listed in 
paragraphs (a)(1)(i) and (ii) of this section during periods of 
observation.
    (3) Mobile-Satellite Service space stations operating in the 2483.5-
2500 MHz frequency band shall limit spurious emission levels in the 
4990-5000 MHz band so as not to exceed -241 dB (W/m2/Hz) at 
the surface of the Earth.
    (4) The Radioastronomy Service shall avoid scheduling radio 
astronomy observations during peak MSS/RDSS traffic periods to the 
greatest extent practicable.
    (b) Protection of the radionavigation-satellite service. Mobile 
earth stations operating in the 1610-

[[Page 349]]

1626.5 MHz band shall limit out-of-band emissions in the 1574.397-
1576.443 MHz band so as not to exceed an e.i.r.p. density level of -70 
dB (W/MHz) averaged over any 20 ms period. The e.i.r.p. of any discrete 
spurious emission (i.e., bandwidth less than 600 Hz) in the 1574.397-
1576.443 MHz band shall not exceed -80 dBW.

[59 FR 53329, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996]



Sec. 25.214  Technical requirements for space stations in the satellite digital audio radio service.

    (a) Definitions.
    (1) Allocated bandwidth. The term ``allocated bandwidth'' refers to 
the entry in the Table of Frequency Allocations of a given frequency 
band for the purpose of its use by one or more terrestrial or space 
radiocommunication services under specified conditions. This term shall 
be applied to the 2310-2360 MHz band for satellite DARS.
    (2) Frequency Assignment. The term ``frequency assignment'' refers 
to the authorization given by the Commission for a radio station to use 
a radio frequency or radio frequency channel under specified conditions. 
This term shall be applied to the two frequency bands (A) 2320.0-2332.5 
MHz and (B) 2332.5-2340.0 MHz for satellite DARS.
    (b) Each system authorized under this section will be conditioned 
upon construction, launch and operation milestones as outlined in 
Sec. 25.144(b). The failure to meet any of the milestones contained in 
an authorization will result in its cancellation, unless such failure is 
due to circumstances beyond the licensee's control or unless otherwise 
determined by the Commission upon proper showing by the licensee in any 
particular case.
    (c) Frequency assignments will be made for each satellite DARS 
system as follows:
    (1) Exclusive satellite DARS licenses are limited to the 2320-2345 
MHz band segment of the allocated bandwidth for satellite DARS;
    (2) Two, 12.5 MHz frequency assignments are available for satellite 
DARS: 2320.0-2332.5 MHz and 2332.5-2345.0 MHz;
    (3) Satellite DARS licensees may reduce their assigned bandwidth 
occupancy to provide telemetry beacons in their exclusive frequency 
assignments;
    (4) Each licensee may employ cross polarization within its exclusive 
frequency assignment and/or may employ cross polarized transmissions in 
frequency assignments of other satellite DARS licensees under mutual 
agreement with those licensees. Licensees who come to mutual agreement 
to use cross-polarized transmissions shall apply to the Commission for 
approval of the agreement before coordination is initiated with other 
administrations by the licensee of the exclusive frequency assignment; 
and
    (5) Feeder uplink networks are permitted in the following Fixed-
Satellite Service frequency bands: 7025-7075 MHz and 6725-7025 MHz 
(101 deg. W.L. orbital location only).

[62 FR 11106, Mar. 11, 1997]



Secs. 25.215-25.249  [Reserved]



Sec. 25.250  Sharing between NGSO MSS Feeder links Earth Stations in the 19.3-19.7 GHz and 29.1-29.5 GHz Bands.

    (a) NGSO MSS applicants shall be licensed to operate in the 29.1-
29.5 GHz band for Earth-to-space transmissions and 19.3-19.7 GHz for 
space-to-Earth transmissions from feeder link earth station complexes. A 
``feeder link earth station complex'' may include up to three (3) earth 
station groups, with each earth station group having up to four (4) 
antennas, located within a radius of 75 km of a given set of geographic 
coordinates provided by NGSO-MSS licensees or applicants.
    (b) Licensees of NGSO MSS feeder link earth stations separated by 
800 km or less are required to coordinate their operations, see 
Sec. 25.203. The results of the coordination shall be reported to the 
Commission.

[61 FR 44181, Aug. 28, 1996]



Sec. 25.251  Special requirements for coordination.

    (a) The administrative aspects of the coordination process are set 
forth in Secs. 21.100(d) and 21.706 (c) and (d) of this chapter in the 
case of coordination of

[[Page 350]]

terrestrial stations with earth stations, and in Sec. 25.203 in the case 
of coordination of earth stations with terrestrial stations.
    (b) The technical aspects of coordination are based on appendix 28 
of the International Telecommunications Union Radio Regulations and 
certain recommendations of the ITU Radiocommunication Sector (``ITU-R'') 
(available at the International Bureau Reference Center, Room 102, 2000 
M Street, NW., Washington, DC 20554.).

[62 FR 5931, Feb. 10, 1997]



Secs. 25.252-25.256  [Reserved]



Sec. 25.257  Special requirements for operations in the band 29.1-29.25 GHz between NGSO MSS and LMDS.

    (a) Non-geostationary mobile satellite service (NGSO MSS) operators 
shall be licensed to use the 29.1-29.25 GHz band for Earth-to-space 
transmissions from feeder link earth station complexes. A ``feeder link 
earth station complex'' may include up to three (3) earth station 
groups, with each earth station group having up to four (4) antennas, 
located within a radius of 75 km of a given set of geographic 
coordinates provided by a NGSO MSS licensees or applicants pursuant to 
Sec. 101.147.
    (b) A maximum of seven (7) feeder link earth station complexes in 
the contiguous United States, Alaska and Hawaii may be placed into 
operation, in the largest 100 MSAs, in the band 29.1-29.25 GHz in 
accordance with Sec. 25.203 and Sec. 101.147 of this chapter.
    (c) One of the NGSO MSS operators licensed to use the 29.1-29.25 GHz 
band may specify geographic coordinates for a maximum of eight feeder 
link earth station complexes that transmit in the 29.1-29.25 GHz band. 
The other NGSO MSS operator licensed to use the 29.1-29.25 GHz band may 
specify geographic coordinates for a maximum of two feeder link earth 
station complexes that transmit in the 29.1-29.25 GHz band.
    (d) Additional NGSO MSS operators may be licensed in this band if 
the additional NGSO MSS operator shows that its system can share with 
the existing NGSO MSS systems.
    (e) All NGSO MSS operators shall cooperate fully and make reasonable 
efforts to identify mutually acceptable locations for feeder link earth 
station complexes. In this connection, any single NGSO MSS operator 
shall only identify one feeder link earth station complex protection 
zone in each category identified in Sec. 101.147(c)(2) of this chapter 
until the other NGSO MSS operator has been given an opportunity to 
select a location from the same category.

[61 FR 44181, Aug. 28, 1996]



Sec. 25.258  Sharing between NGSO MSS Feeder links Stations and GSO FSS services in the 29.25-29.5 GHz Bands.

    (a) Operators of NGSO MSS feeder link earth stations and GSO FSS 
earth stations in the band 29.25 to 29.5 GHz where both services have a 
co-primary allocation shall cooperate fully in order to coordinate their 
systems. During the coordination process both service operators shall 
exchange the necessary technical parameters required for coordination.
    (b) Licensed GSO FSS systems shall, to the maximum extent possible, 
operate with frequency/polarization selections, in the vicinity of 
operational or planned NGSO MSS feeder link earth station complexes, 
that will minimize instances of unacceptable interference to the GSO FSS 
space stations.
    (c) NGSO MSS satellites operating in this frequency band shall 
compensate for nodal regression due to the oblate shape of the Earth, 
and thus maintain constant successive sub-satellite ground tracks on the 
surface of the Earth.
    (d) NGSO MSS systems applying to use the 29.25-29.5 GHz band, for 
feeder link earth station uplink, will have to demonstrate that their 
system can share with the authorized U.S. GSO/FSS systems operating in 
this band.

[61 FR 44181, Aug. 28, 1996]



Sec. 25.259  Time sharing between NOAA meteorological satellite systems and non-voice, non-geostationary satellite systems in the 137-138 MHz band.

    (a) A non-voice, non-geostationary mobile-satellite service system 
licensee (``NVNG licensee'') time-sharing spectrum in the 137-138 MHz 
frequency

[[Page 351]]

band shall not transmit signals into the ``protection areas'' of 
National Oceanic and Atmospheric Administration (``NOAA'') satellite 
systems. When calculating the protection areas for a NOAA satellite in 
the 137.333-137.367 MHz, 137.485-137.515 MHz, 137.605-137.635 MHz and 
137.753-137.787 MHz bands, a NVNG licensee shall use an earth station 
elevation angle of five degrees towards the NOAA satellite and will 
cease its transmissions prior to the NVNG licensee's service area, based 
on an elevation angle of zero degrees towards the NVNG licensee's 
satellite, overlapping the NOAA protection area. When calculating the 
protection areas for a NOAA satellite in the 137.025-137.175 MHz and 
137.825-138 MHz bands, a NVNG licensee shall use an earth station 
elevation angle of zero degrees, or less if reasonably necessary, 
towards the NOAA satellite and will cease its transmissions prior to the 
NVNG licensee's service area, based on an elevation angle of zero 
degrees towards the NVNG licensee's satellite, overlapping the NOAA 
protection area. A NVNG licensee is responsible for obtaining the 
necessary ephemeris data. This information shall be updated system-wide 
on at least a weekly basis. A NVNG licensee shall use an orbital 
propagator algorithm with an accuracy equal to or greater than the NORAD 
propagator used by NOAA.
    (b) A NVNG licensee time sharing spectrum in the 137-138 MHz band 
shall establish a 24-hour per day contact person and telephone number so 
that claims of harmful interference into NOAA earth station users and 
other operational issues can be reported and resolved expeditiously. 
This contact information shall be made available to NOAA or its 
designee. If the National Telecommunications and Information 
Administration (``NTIA'') notifies the Commission that NOAA is receiving 
unacceptable interference from a NVNG licensee, the Commission will 
require such NVNG licensee to terminate its interfering operations 
immediately unless it demonstrates to the Commission's reasonable 
satisfaction, and that of NTIA, that it is not responsible for causing 
harmful interference into the worldwide NOAA system. A NVNG licensee 
assumes the risk of any liability or damage that it and its directors, 
officers, employees, affiliates, agents and subcontractors may incur or 
suffer in connection with an interruption of its non-voice, non-
geostationary mobile-satellite service, in whole or in part, arising 
from or relating to its compliance or noncompliance with the 
requirements of this paragraph (b). The Commission will not hesitate to 
impose sanctions on a NVNG licensee time-sharing spectrum in the 137-138 
MHz band with NOAA, including monetary forfeitures and license 
revocations, when appropriate.
    (c) Each satellite in a NVNG licensee's system time-sharing spectrum 
with NOAA in the 137-138 MHz band shall automatically turn off and cease 
satellite transmissions if, after 72 consecutive hours, no reset signal 
is received from the NVNG licensee's gateway earth station and verified 
by the satellite. All satellites in such NVNG licensee's system shall be 
capable of instantaneous shutdown on any sub-band upon command from such 
NVNG licensee's gateway earth station.

[62 FR 59296, Nov. 3, 1997]



Sec. 25.260  Time sharing between DoD meteorological satellite systems and non-voice, non-geostationary satellite systems in the 400.15-401 MHz band.

    (a) A non-voice, non-geostationary mobile-satellite service system 
licensee (``NVNG licensee'') time-sharing spectrum in the 400.15-401.0 
MHz band shall not transmit signals into the ``protection areas'' of 
Department of Defense (``DoD''). When calculating the protection areas 
for a DoD satellite in the 400.15-401 MHz band, a NVNG licensee shall 
use an earth station elevation angle of five degrees towards the DoD 
satellite and will shut off its transmissions prior to the NVNG 
licensee's service area, based on an elevation angle of zero degrees 
towards the NVNG licensee's satellite, overlapping the DoD protection 
area. A NVNG licensee is responsible for obtaining the necessary 
ephemeris data. This information shall be updated system-wide at least 
once per week. A NVNG licensee shall use an orbital propagator algorithm 
with an accuracy equal to or

[[Page 352]]

greater than the NORAD propagator used by DoD.
    (b) A NVNG licensee time sharing spectrum in the 400.15-401 MHz band 
shall establish a 24-hour per day contact person and telephone number so 
that claims of harmful interference into DoD earth station users and 
other operational issues can be reported and resolved expeditiously. 
This contact information shall be made available to DoD or its designee. 
If the National Telecommunications and Information Administration 
(``NTIA'') notifies the Commission that DoD is receiving unacceptable 
interference from a NVNG licensee, the Commission will require such NVNG 
licensee to terminate its interfering operations immediately unless it 
demonstrates to the Commission's reasonable satisfaction, and that of 
NTIA, that it is not responsible for causing harmful interference into 
the worldwide DoD system. A NVNG licensee assumes the risk of any 
liability or damage that it and its directors, officers, employees, 
affiliates, agents and subcontractors may incur or suffer in connection 
with an interruption of its non-voice, non-geostationary mobile-
satellite service, in whole or in part, arising from or relating to its 
compliance or noncompliance with the requirements of this paragraph (b). 
The Commission will not hesitate to impose sanctions on a NVNG licensee 
time-sharing spectrum in the 400.15-401 MHz band with DoD, including 
monetary forfeitures and license revocations, when appropriate.
    (c) Each satellite in a NVNG licensee's system time-sharing spectrum 
with DoD in the 400.15-401 MHz band shall automatically turn off and 
cease satellite transmissions if, after 72 consecutive hours, no reset 
signal is received from the NVNG licensee's gateway earth station and 
verified by the satellite. All satellites in such NVNG licensee's system 
shall be capable of instantaneous shutdown on any sub-band upon command 
from such NVNG licensee's gateway earth station.
    (d) Initially, a NVNG licensee time-sharing spectrum with DoD in the 
400.15-401 MHz band shall be able to change the frequency on which its 
system satellites are operating within 125 minutes of receiving 
notification from a DoD required frequency change in the 400.15-401 MHz 
band. Thereafter, when a NVNG licensee constructs additional gateway 
earth stations located outside of North and South America, it shall use 
its best efforts to decrease to 90 minutes the time required to 
implement a DoD required frequency change. A NVNG licensee promptly 
shall notify the Commission and NTIA of any decrease in the time it 
requires to implement a DoD required frequency change.
    (e) Once a NVNG licensee time-sharing spectrum with DoD in the 
400.15-401 MHz band demonstrates to DoD that it is capable of 
implementing a DoD required frequency change within the time required 
under paragraph (d) of this section, thereafter, such NVNG licensee 
shall demonstrate its capability to implement a DoD required frequency 
change only once per year at the instruction of DoD. Such demonstrations 
shall occur during off-peak hours, as determined by the NVNG licensee, 
unless otherwise agreed by the NVNG licensee and DoD. Such NVNG licensee 
will coordinate with DoD in establishing a plan for such a 
demonstration. In the event that a NVNG licensee fails to demonstrate to 
DoD that it is capable of implementing a DoD required frequency change 
in accordance with a demonstration plan established by DoD and the NVNG 
licensee, upon the Commission's receipt of a written notification from 
NTIA describing such failure, the Commission shall impose additional 
conditions or requirements on the NVNG licensee's authorization as may 
be necessary to protect DoD operations in the 400.15-401 MHz downlink 
band until the Commission is notified by NTIA that the NVNG licensee has 
successfully demonstrated its ability to implement a DoD required 
frequency change. Such additional conditions or requirements may 
include, but are not limited to, requiring such NVNG licensee 
immediately to terminate its operations interfering with the DoD system.

[62 FR 59296, Nov. 3, 1997]



                     Subpart D--Technical Operations

    Source: 58 FR 13421, Mar. 11, 1993, unless otherwise noted.

[[Page 353]]



Sec. 25.271  Control of transmitting stations.

    (a) The licensee of a facility licensed under this part is 
responsible for the proper operation and maintenance of the station.
    (b) The licensee of a transmitting earth station licensed under this 
part shall ensure that a trained operator is present on the earth 
station site, or at a designated remote control point for the earth 
station, at all times that transmissions are being conducted. No 
operator's license is required for a person to operate or perform 
maintenance on facilities authorized under this part.
    (c) Authority will be granted to operate a transmitting earth 
station by remote control only on the conditions that:
    (1) The parameters of the transmissions of the remote station 
monitored at the control point, and the operational functions of the 
remote earth stations that can be controlled by the operator at the 
control point, are sufficient to insure that the operations of the 
remote station(s) are at times in full compliance with the remote 
station authorization(s);
    (2) The earth station facilities are protected by appropriate 
security measures to prevent unauthorized entry or operations;
    (3) Upon detection by the license, or upon notification from the 
Commission of a deviation or upon notification by another licensee of 
harmful interference, the operation of the remote station shall be 
immediately suspended by the operator at the control point until the 
deviation or interference is corrected, except that transmissions 
concerning the immediate safety of life or property may be conducted for 
the duration of the emergency; and
    (4) The licensee shall have available at all times the technical 
personnel necessary to perform expeditiously the technical servicing and 
maintenance of the remote stations.
    (d) The licensee shall insure that the licensed facilities are 
properly secured against unauthorized access or use whenever an operator 
is not present at the transmitter.



Sec. 25.272  General inter-system coordination procedures.

    (a) Each space station licensee in the Fixed-Satellite Service shall 
establish a satellite network control center which will have the 
responsibility to monitor space-to-Earth transmissions in its system. 
This would indirectly monitor uplink earth station transmissions in its 
system and to coordinate transmissions in its satellite system with 
those of other systems to prevent harmful interference incidents or, in 
the event of a harmful interference incident, to identify the source of 
the interference and correct the problem promptly.
    (b) Each space station licensee shall maintain on file with the 
Commission and with its Columbia Operations Center in Columbia, 
Maryland, a current listing of the names, titles, addresses and 
telephone numbers of the points of contact for resolution of 
interference problems. Contact personnel should include those 
responsible for resolution of short term, immediate interference 
problems at the system control center, and those responsible for long 
term engineering and technical design issues.
    (c) The transmitting earth station licensee shall provide the 
operator(s) of the satellites, on which the licensee is authorized to 
transmit, contact telephone numbers for the control center of the earth 
station and emergency telephone numbers for key personnel; a current 
file of these contacts shall be maintained at each satellite system 
control center.
    (d) An earth station licensee shall ensure that each of its 
authorized earth stations complies with the following:
    (1) The earth station licensee shall ensure that there is 
continuously available means of communications between the satellite 
network control center and the earth station operator or its remote 
control point as designated by the licensee.
    (2) The earth station operator shall notify the satellite network 
control center and receive permission from the control center before 
transmitting to the satellite or changing the basic characteristics of a 
transmission.
    (3) The earth station operator shall keep the space station licensee 
informed of all actual and planned usage.

[[Page 354]]

    (4) Upon approval of the satellite network control center, the earth 
station operator may radiate an RF carrier into the designated 
transponder. Should improper illumination of the transponder or undue 
adjacent transponder interference be observed by the satellite network 
control center, the earth station operator shall immediately take 
whatever measures are needed to eliminate the problem.
    (5) The space station licensee may delegate the responsibility and 
duties of the satellite network control center to a technically 
qualified user or group of users, but the space station licensee shall 
remain ultimately responsible for the performance of those duties.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997]



Sec. 25.273  Duties regarding space communications transmissions.

    (a) No person shall:
    (1) Transmit to a satellite unless the specific transmission is 
first authorized by the satellite network control center;
    (2) Conduct transmissions over a transponder unless the operator is 
authorized by the satellite licensee or the satellite licensee's 
successor in interest to transmit at that time; or
    (3) Transmit in any manner that causes unacceptable interference to 
the authorized transmission of another licensee.
    (b) Satellite operators shall provide upon request by the Commission 
and by earth station licensees authorized to transmit on their 
satellites relevant information needed to avoid unacceptable 
interference to other users, including the polarization angles for 
proper illumination of a given transponder.
    (c) Space station licensees are responsible for maintaining complete 
and accurate technical details of current and planned transmissions over 
their satellites, and shall require that authorized users of 
transponders on their satellites, whether by tariff or contract, provide 
any necessary technical information in this regard including that 
required by Sec. 25.272. Based on this information, space station 
licensees shall exchange among themselves general technical information 
concerning current and planned transmission parameters as needed to 
identify and promptly resolve any potential cases of unacceptable 
interference between their satellite systems.
    (d) Space stations authorized after May 10, 1993 which do not 
satisfy the requirements of Sec. 25.210 may be required to accept 
greater constraints in resolving interference problems than complying 
ones. The extent of these constraints shall be determined on a case-by-
case basis.



Sec. 25.274  Procedures to be followed in the event of harmful interference.

    (a) The earth station operator whose transmission is suffering 
harmful interference shall first check the earth station equipment to 
ensure that the equipment is functioning properly.
    (b) The earth station operator shall then check all other earth 
stations in the licensee's network that could be causing the harmful 
interference to ensure that none of the licensee's earth stations are 
the source of the interference and to verify that the source of 
interference is not from a local terrestrial source.
    (c) After the earth station operator has determined that the source 
of the interference is not another earth station operating in the same 
network or from a terrestrial source, the earth station operator shall 
contact the satellite system control center and advise the satellite 
operator of the problem. The control center operator shall observe the 
interference incident and make reasonable efforts to determine the 
source of the problem. A record shall be maintained by the control 
center operator and the earth station operator of all harmful 
interference incidents and their resolution. These records shall be made 
available to an FCC representative on request.
    (d) Where the suspected source of the interference incident is the 
operation of an earth station licensed to operate on one or more of the 
satellites in the satellite operator's system, the control center 
operator shall advise the offending earth station of the harmful 
interference incident and assist in the resolution of the problem where 
reasonably possible.
    (e) The earth station licensee whose operations are suspected of 
causing

[[Page 355]]

harmful interference to the operations of another earth station shall 
take reasonable measures to determine whether its operations are the 
source of the harmful interference problem. Where the operations of the 
suspect earth station are the source of the interference, the licensee 
of that earth station shall take all measures necessary to eliminate the 
interference.
    (f) At any point, the system control center operator may contact the 
Commission's Columbia Operations Center in Columbia, Maryland, to assist 
in resolving the matter. This office specializes in the resolution of 
satellite interference problems. All licensees are required to cooperate 
fully with the Commission in any investigation of interference problems.
    (g) Where the earth station suspected of causing interference to the 
operations of another earth station cannot be identified or is 
identified as an earth station operating on a satellite system other 
than the one on which the earth station suffering undue interference is 
operating, it is the responsibility of a representative of the earth 
station suffering harmful interference to contact the control center of 
other satellite systems.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997]



Sec. 25.275  Particulars of operation.

    (a) Radio station authorizations issued under this part will 
normally specify only the frequency bands authorized for transmission 
and/or reception of the station.
    (b) When authorized frequency bands are specified in the station 
authorization, the licensee is authorized to transmit any number of r.f. 
carriers on any discrete frequencies within an authorized frequency band 
in accordance with the other terms and conditions of the authorization 
and the requirements of this part. Specific r.f. carrier frequencies 
within the authorized frequency band shall be selected by the licensee 
to avoid unacceptable levels of interference being caused to other 
earth, space or terrestrial stations. Any coordination agreements, both 
domestic and international, concerning specific frequency usage 
constraints, including non-use of any particular frequencies within the 
frequency bands listed in the station authorization, are considered to 
be conditions of the station authorization.
    (c) A license for a transmitting earth station will normally specify 
only the r.f. carriers having the highest e.i.r.p. density, the 
narrowest bandwidth, and the largest bandwidth authorized for 
transmission from that station. Unless otherwise specified in the 
station authorization, the licensee is authorized to transmit any other 
type of carrier not specifically listed which does not exceed the 
highest e.i.r.p., e.i.r.p. density and bandwidth prescribed for any 
listed emission.
    (d) Only the most sensitive emission(s) for which protection is 
being afforded from interference in the authorized receive frequency 
band(s) will be specified in the station authorization.



Sec. 25.276  Points of communication.

    (a) Unless otherwise specified in the station authorization, an 
earth station is authorized to transmit to any space station in the same 
radio service provided that permission has been received from the space 
station operator to access that space station.
    (b) Space stations licensed under this part are authorized to 
provide service to earth stations located within the specified service 
area. Coastal waters within the outer continental shelf shall be 
considered to be included within the service area specified by the named 
land mass.
    (c) Transmission to or from foreign points over space stations in 
the Fixed-Satellite Service, other than those operated by the 
International Telecommunications Satellite Organization and Inmarsat, 
are subject to the policies set forth in the Report and Order, adopted 
January 19, 1996 in IB Docket No. 95-41.

[58 FR 13421, Mar. 11, 1993, as amended at 61 FR 9953, Mar. 12, 1996]



Sec. 25.277  Temporary fixed earth station operations.

    (a) When an earth station in the Fixed-Satellite Service is to 
remain at a single location for fewer than 6 months, the location may be 
considered to be temporary fixed. Services provided at a single location 
which are

[[Page 356]]

initially known to be of longer than six months' duration shall not be 
provided under a temporary fixed authorization.
    (b) When a station, authorized as a temporary fixed earth station, 
is to remain at a single location for more than six months, application 
for a regular station authorization at that location shall be filed at 
least 30 days prior to the expiration of the six-month period.
    (c) The licensee of an earth station which is authorized to conduct 
temporary fixed operations in bands shared co-equally with terrestrial 
fixed stations shall provide the following information to the Director 
of the Columbia Operations Center at 9200 Farmhouse Lane, Columbia, 
Maryland 21046, and to the licensees of all terrestrial facilities lying 
within the coordination contour of the proposed temporary fixed earth 
station site before beginning transmissions:
    (1) The name of the person operating the station and the telephone 
number at which the operator can be reached directly;
    (2) The exact frequency or frequencies used and the type of 
emissions and power levels to be transmitted; and
    (3) The commencement and anticipated termination dates of operation 
from each location.
    (d) Transmissions may not be commenced until all affected 
terrestrial licensees have been notified and the earth station operator 
has confirmed that unacceptable interference will not be caused to such 
terrestrial stations.
    (e) Operations of temporary fixed earth stations shall cease 
immediately upon notice of harmful interference from the Commission or 
the affected licensee.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997]



Sec. 25.278  Additional coordination obligation for non-geostationary and geostationary satellite systems in frequencies allocated to the fixed-satellite 
          service.

    Licensees of non-geostationary satellite systems that use frequency 
bands allocated to the fixed-satellite service for their feeder link 
operations shall coordinate their operations with licensees of 
geostationary fixed-satellite service systems licensed by the Commission 
for operation in the same frequency bands. Licensees of geostationary 
fixed-satellite service systems in the frequency bands that are licensed 
to non-geostationary satellite systems for feeder link operations shall 
coordinate their operations with the licensees of such non-geostationary 
satellite systems.

[59 FR 53330, Oct. 21, 1994]



Sec. 25.279  Inter-satellite service.

    (a) Any non-geostationary satellite communicating with other space 
stations may use frequencies in the inter-satellite service as indicated 
in Sec. 2.106. This does not preclude the use of other frequencies for 
such purposes as provided for in several service definitions, e.g., FSS. 
The technical details of the proposed inter-satellite link shall be 
provided in accordance with Sec. 25.114(c).
    (b) Operating conditions. In order to ensure compatible operations 
with authorized users in the frequency bands to be utilized for 
operations in the inter-satellite service, these inter-satellite service 
systems must operate in accordance with the conditions specified in this 
section.
    (1) Coordination requirements with federal government users. (i) In 
frequency bands allocated for use by the inter-satellite service that 
are also authorized for use by agencies of the federal government, the 
federal use of frequencies in the inter-satellite service frequency 
bands is under the regulatory jurisdiction of the National 
Telecommunications and Information Administration (NTIA).
    (ii) The Commission will use its existing procedures to reach 
agreement with NTIA to achieve compatible operations between federal 
government users under the jurisdiction of NTIA and inter-satellite 
service systems through frequency assignment and coordination practice 
established by NTIA and the Interdepartment Radio Advisory Committee 
(IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the federal 
government users of the spectrum, and any additional information 
requested by the Commission. As part of

[[Page 357]]

the coordination process, applicants shall show that they will not cause 
interference to authorized federal government users, based upon existing 
system information provided by the government. The frequency assignment 
and coordination of the satellite system shall be completed prior to 
grant of construction authorization.
    (2) Coordination among inter-satellite service systems. Applicants 
for authority to establish inter-satellite service are encouraged to 
coordinate their proposed frequency usage with existing permittees and 
licensees in the inter-satellite service whose facilities could be 
affected by the new proposal in terms of frequency interference or 
restricted system capacity. All affected applicants, permittees, and 
licensees, shall at the direction of the Commission, cooperate fully and 
make every reasonable effort to resolve technical problems and conflicts 
that may inhibit effective and efficient use of the radio spectrum; 
however, the permittee or licensee being coordinated with is not 
obligated to suggest changes or re-engineer an applicant's proposal in 
cases involving conflicts.

[59 FR 53331, Oct. 21, 1994]



Sec. 25.280  Inclined orbit operations.

    (a) Satellite operators may commence operation in inclined orbit 
mode without obtaining prior Commission authorization provided that the 
Commission is notified by letter within 30 days after operators 
commence. The notification shall include:
    (1) The operator's name;
    (2) The date of commencement of inclined orbit operation;
    (3) The initial inclination;
    (4) The rate of change in inclination per year; and
    (5) The expected end-of-life of the satellite accounting for 
inclined orbit operation.
    (b) Licensees operating in inclined-orbit are required to:
    (1) Periodically correct the satellite altitude to achieve a 
stationary spacecraft antenna pattern on the surface of the Earth and 
centered on the satellite's designated service area;
    (2) Control all interference to adjacent satellites, as a result of 
operating in an inclined orbit, to levels not to exceed that which would 
be caused by the satellite operating without an inclined orbit;
    (3) Not claim protection in excess of the protection that would be 
received by the satellite network operating without an inclined orbit; 
and
    (4) Continue to maintain the space station at the authorized 
longitude orbital location in the geostationary satellite arc with the 
appropriate east-west station-keeping tolerance.

[62 FR 5931, Feb 10, 1997]



Sec. 25.281  Automatic Transmitter Identification System (ATIS).

    All satellite uplink transmissions carrying broadband video 
information shall be identified through the use of an automatic 
transmitter identification system as specified below.
    (a) Effective March 1, 1991, all satellite video uplink facilities 
shall be equipped with an ATIS encoder meeting the specifications set 
forth in paragraph (d) of this section.
    (b) All video uplink facilities utilizing a transmitter manufactured 
on or after March 1, 1991 shall be equipped with an ATIS encoder meeting 
the performance specifications set forth in paragraph (d) of this 
section and the encoder shall be integrated into the uplink transmitter 
chain in a method that cannot easily be defeated.
    (c) The ATIS signal shall be a separate subcarrier which is 
automatically activated whenever any RF emissions occur. The ATIS 
information shall continuously repeat.
    (d) The ATIS signal shall consist of the following:
    (1) A subcarrier signal generated at a frequency of 7.1 MHz +/- 25 
KHz and injected at a level no less than -26 dB (referenced to the 
unmodulated carrier). The subcarrier deviation shall not exceed 25 kHz 
peak deviation.
    (2) The protocol shall be International Morse Code keyed by a 1200 
Hz +/- 800 Hz tone representing a mark and a message rate of 15 to 25 
words per minute. The tone shall frequency modulate the subcarrier 
signal.
    (3) The ATIS signal as a minimum shall consist of the following:
    (i) The FCC assigned earth station call sign;

[[Page 358]]

    (ii) A telephone number providing immediate access to personnel 
capable of resolving ongoing interference or coordination problems with 
the station;
    (iii) A unique ten digit serial number of random number code 
programmed into the ATIS device in a permanent manner such that it 
cannot be readily changed by the operator on duty;
    (iv) Additional information may be included within the ATIS data 
stream provided the total message length, including ATIS, does not 
exceed 30 seconds.

[55 FR 21551, May 25, 1990. Redesignated at 62 FR 5932, Feb. 10, 1997]



                          Subpart E [Reserved]



           Subpart F--Competitive Bidding Procedures for DARS

    Source: 62 FR 11106, Mar. 11, 1997, unless otherwise noted.



Sec. 25.401  Satellite DARS applications subject to competitive bidding.

    Mutually exclusive initial applications filed by Satellite CD Radio, 
Primosphere Limited Partnership, Digital Satellite Broadcasting 
Corporation, and American Mobile Radio Corporation, to provide DARS 
service are subject to competitive bidding procedures. The procedures 
set forth in part 1, subpart Q of this chapter will apply unless 
otherwise specified in this subpart.



Sec. 25.402  Competitive bidding mechanisms.

    (a) Tie bids. Where a tie bid occurs, the high bidder will be 
determined by the order in which the bids were received by the 
Commission.
    (b) Maximum bid increments. The Commission may, by announcement 
before or during the auction, establish maximum bid increments in dollar 
or percentage terms.
    (c) Minimum opening bid. The Commission will establish a minimum 
opening bid for the DARS spectrum, and the amount of which will be 
announced by Public Notice prior to the auction.
    (d) Activity rules. The Commission will establish activity rules 
which require a minimum amount of bidding activity. Bidders will be 
entitled to request and be granted waivers of such rule. The Commission 
will specify the number of waivers permitted in an auction, the 
frequency with which they may be exercised, and the method of operation 
of waivers by Public Notice prior to the auction.



Sec. 25.403  Bidding application and certification procedures.

    Submission of Supplemental Application Information. In order to be 
eligible to bid, each pending applicant must timely submit certain 
supplemental information. All supplemental information shall be filed by 
the applicant five days after publication of these rules in the Federal 
Register. The supplemental information must be certified and include the 
following:
    (a) Applicant's name;
    (b) Mailing Address (no Post Office boxes);
    (c) City;
    (d) State;
    (e) ZIP Code;
    (f) Auction Number 15;
    (g) FCC Account Number;
    (h) Person(s) authorized to make or withdraw a bid (list up to three 
individuals);
    (i) Certifications and name and title of person certifying the 
information provided;
    (j) Applicant's contact person and such person's telephone number, 
E-mail address and FAX number; and
    (k) Signature and date.



Sec. 25.404  Submission of down payment and filing of long-form applications.

    (a) After bidding has ended, the Commission will identify and notify 
the high bidder and declare the bidding closed.
    (b) Within ten (10) business days of a Public Notice announcing the 
high bidder on a particular license(s), a high bidder must submit to the 
Commission's lockbox bank such additional funds (the ``down payment'') 
as are necessary to bring its total deposits (not including upfront 
payments applied to satisfy bid withdrawal or default payments) up to 
twenty (20) percent of its high bid(s). This down payment must be made 
by wire transfer or

[[Page 359]]

cashier's check drawn in U.S. dollars from a financial institution whose 
deposits are insured by the Federal Deposit Insurance Corporation and 
must be made payable to the Federal Communications Commission. Down 
payments will be held by the Commission until the high bidder has been 
awarded the license and has paid the remaining balance due on the 
license, in which case it will not be returned, or until the winning 
bidder is found unqualified to be a licensee or has defaulted, in which 
case it will be returned, less applicable payments. No interest on any 
down payment will be paid to a bidder.
    (c) A high bidder that meets its down payment obligations in a 
timely manner must, within thirty (30) business days after being 
notified that it is a high bidder, submit an amendment to its pending 
application to provide the information required by Sec. 25.144.



Sec. 25.405  Prohibition of collusion.

    Upon the deadline for filing the supplemental information required 
by Sec. 25.403, all applicants are prohibited from cooperating, 
collaborating, discussing or disclosing in any manner the substance of 
their bids or bidding strategies, or discussing or negotiating 
settlement agreements, with other applicants until after the high bidder 
makes the required down payment.



Sec. 25.406  License grant, denial, default, and disqualification.

    (a) Unless otherwise specified in these rules, auction winners are 
required to pay the balance of their winning bids in a lump sum within 
ten (10) business days following public notice by the Commission that it 
is prepared to award the licenses. Grant of the license will be 
conditioned on full and timely payment of the winning bid.
    (b) If a winning bidder withdraws its bid after the Commission has 
declared competitive bidding closed or fails to remit the required down 
payment within ten (10) business days after the Commission has declared 
competitive bidding closed, the bidder will be deemed to have defaulted, 
its application will be dismissed, and it will be liable for the default 
payment specified in Sec. 1.2104(g)(2). In such event, the Commission 
may either re-auction the license to existing or new applicants or offer 
it to the other highest bidders (in descending order) at their final 
bids. The down payment obligations set forth in Sec. 25.404(b) will 
apply.
    (c) A winning bidder who is found unqualified to be a licensee, 
fails to remit the balance of its winning bid in a timely manner, or 
defaults or is disqualified for any reason after having made the 
required down payment, will be deemed to have defaulted and will be 
liable for the penalty set forth in Sec. 1.2104(g)(2). In such event, 
the Commission will conduct another auction for the license, affording 
new parties an opportunity to file an application for the license.
    (d) Bidders who are found to have violated the antitrust laws or the 
Commission's rules in connection with their participation in the 
competitive bidding process may be subject, in addition to any other 
applicable sanctions, to forfeiture their up front payment, down payment 
or full bid amount, and may be prohibited from participating in future 
auctions.



                          Subpart G [Reserved]



 Subpart H--Authorization To Own Stock in the Communications Satellite 
                               Corporation

    Source: 28 FR 13037, Dec. 5, 1963, unless otherwise noted.



Sec. 25.501  Scope of this subpart.

    The provisions of this subpart govern the administration of section 
304 of the Communications Satellite Act of 1962. These rules provide the 
procedure by which Commission authorization may be obtained for the 
purchase of stock in the corporation, the form and content of the 
application, and the scope of the authorization which may be granted.



Sec. 25.502  Definitions.

    (a) Communications common carrier. See Sec. 25.103(a).
    (b) Authorized carrier. For the purposes of this subpart, the term 
``authorized carrier'' means a communications common carrier which is 
specifically authorized or which is a member of a class of carriers 
authorized by the

[[Page 360]]

Commission to own shares of stock in the corporation.



Secs. 25.503-25.504  [Reserved]



Sec. 25.505  Persons requiring authorization.

    (a) No communications common carrier, as defined in Sec. 25.103(a), 
shall purchase, obtain, own, or otherwise hold at any time, either 
directly or indirectly through a subsidiary or affiliated company, 
nominee, person or other entity subject to its control or direction, 
shares of stock in the corporation created pursuant to the 
Communications Satellite Act of 1962 unless authorized to do so by the 
Commission.
    (b) No individual, partnership, association, joint-stock company, 
trust, corporation, or other entity which owns or controls, directly or 
indirectly, or is under direct or indirect common control with, any such 
carrier, shall purchase, obtain, own, or otherwise hold, at any time, 
shares of stock in the corporation in its own name or right unless 
authorization previously shall have been obtained from the Commission by 
such entity or on behalf of such entity.



Secs. 25.506-25.514  [Reserved]



Sec. 25.515  Method of securing authorization.

    Any person, corporation, or other entity, described in Sec. 25.505, 
desiring authorization to purchase, obtain, own, or otherwise hold 
shares of stock in the corporation, shall file an application therefor 
with the Commission in accordance with Secs. 25.520-25.525.



Secs. 25.516-25.519    [Reserved]



Sec. 25.520  Contents of application.

    Every request for authorization submitted under this subpart shall 
contain or incorporate the following information:
    (a) If applicant is a corporation:
    (1) The name and address of the applicant.
    (2) Place of incorporation.
    (3) Names and addresses of directors of applicant.
    (4) Names and addresses of applicant's ten principal stockholders 
and percentages of stock of applicant owned by each.
    (5) Names and addresses of principal officers of applicant and 
percentage of stock of applicant owned by each.
    (6) A copy of applicant's annual report to stockholders for the last 
full year of its operations covered by such report.
    (7) A copy of applicant's corporate charter. (If such charter is 
already on file with the Commission, applicant may so state.)
    (8) Names and addresses of all companies in which applicant has 
financial interests, the nature and extent of such interests, and a 
description of the principal business and activities of such companies.
    (9) Description of the intrastate, interstate, and foreign 
communication services rendered by applicant itself or jointly with 
other carriers, and the state or states or other political subdivisions 
in which applicant's operations are conducted.
    (10) Statement of why applicant believes a grant of its application 
will be consistent with the public interest, convenience, and necessity.
    (b) If applicant is an individual or business organization other 
than a corporation:
    (1) Name and address of the applicant.
    (2) Name and address of each person having a financial interest in 
the entity and a description of the nature and extent of such interest.
    (3) Principal place of business of applicant.
    (4) Copy of applicant's balance sheet and income statement for the 
last full year of applicant's operations.
    (5) Description of the intrastate, interstate, and foreign 
communications services rendered by applicant itself or jointly with 
other carriers and the state or states or other political subdivisions 
in which applicant's operations are conducted.
    (6) Statement of why applicant believes a grant of its application 
will be consistent with the public interest, convenience, and necessity.
    (c) If application is made on behalf of any entity other than the 
applicant itself, the application shall so state

[[Page 361]]

and shall include or incorporate the information for said entity 
specified in paragraph (a) or (b) of this section as appropriate.



Sec. 25.521  Who may sign applications.

    (a) Except as provided in paragraph (b) of this section, every 
application or amendment thereto shall be personally signed by the 
applicant, if the applicant is an individual; by one of the partners, if 
the applicant is a partnership; by an officer if the applicant is a 
corporation; or by a member who is an officer, if the applicant is an 
unincorporated association.
    (b) Applications and amendments thereto may be signed by the 
applicant's attorney in case of the applicant's physical disability, or 
in case the applicant does not reside in any of the contiguous 48 states 
of the United States or in the District of Columbia. The attorney shall 
in that event separately set forth the reason why the application is not 
signed by the applicant. In addition, if any matter is stated on the 
basis of the attorney's belief only (rather than his knowledge), he 
shall separately set forth his reasons for believing that such 
statements are true.
    (c) Only the original of applications and amendments thereto need be 
signed; copies may be conformed.
    (d) Applications and amendments thereto need not be signed under 
oath; however, willful false statements made therein, are punishable by 
fine and imprisonment, U.S. Code, Title 18, section 1001, and by 
appropriate administrative sanctions, including refusal or revocation of 
authorization to purchase, obtain, own, or otherwise hold shares of 
stock in the corporation.



Sec. 25.522  Full disclosures.

    Each application shall contain full and complete disclosures with 
regard to the real party or parties in interest and as to all matters 
and things required to be disclosed in the application.



Sec. 25.523  Form of application, number of copies, fees, etc.

    (a) The original application and five copies thereof shall be filed 
with the Commission. Each copy shall bear the dates and signatures that 
appear on the original and shall be complete in itself.
    (b) All applications shall be on paper 8 by 10\1/2\ inches with left 
hand margin not less than 1\1/2\ inches wide. The impression shall be on 
one side of the paper only and shall be double spaced. All applications 
and accompanying papers, except charts, shall be typewritten or prepared 
by mechanical processing methods. All copies must be clearly legible.

[28 FR 13037, Dec. 5, 1963, as amended at 52 FR 5294, Feb. 20, 1987]



Sec. 25.524  [Reserved]



Sec. 25.525  Action upon applications.

    No application filed under this subpart will be granted by the 
Commission earlier than 20 days following issuance of public notice by 
the Commission of the acceptance for filing of such application or any 
substantial amendment thereto. Any interested party may file comments 
with respect to the application (or amendment thereto) within this 20-
day period. Such comments must also be served on the applicant who shall 
be afforded 10 days in which to file reply comments. If upon examination 
of any such application (or amendment thereto) together with any 
comments filed with respect thereto the Commission is unable to make a 
finding that a grant of authorization will be consistent with the public 
interest, convenience, and necessity, it will deny the application or 
institute such further proceedings as in its discretion appear 
appropriate.



Sec. 25.526  Amendments.

    The Commission may at any time order or require the applicant to 
amend his application so as to make it more definite and certain or to 
submit such additional documents, or statements, as in the judgment of 
the Commission may be necessary.



Sec. 25.527  Defective applications.

    (a) Applications not in accordance with the applicable rules in this 
chapter may be deemed defective and returned by the Commission without 
acceptance of such applications for filing and consideration.

[[Page 362]]

    (b) The assignment of a file number, if any, to an application is 
for the administrative convenience of the Commission and does not 
indicate the acceptance of the application for filing and consideration.



Secs. 25.528-25.529  [Reserved]



Sec. 25.530  Scope of authorization.

    (a) In order to effectuate the purpose of the Communications 
Satellite Act of 1962 of promoting the widest possible distribution of 
stock among the authorized carriers, each authorization issued pursuant 
to this subpart by the Commission shall be so conditioned that in the 
event any voting stock authorized to be issued by the corporation, which 
is reserved and available for purchase by authorized carriers, is 
oversubscribed, the Commission may specify the dollar amount or 
percentage of such stock which may be purchased pursuant to such 
authorization.
    (b) All authorizations shall be issued to, or on behalf of the named 
applicant and shall not be transferable.
    (c) The Commission may attach such other conditions to the 
authorization as it determines to be consistent with the public 
interest, convenience, and necessity.



Sec. 25.531  Revocation of authorization.

    Where any person to whom an authorization has been issued pursuant 
to this subpart has willfully failed to make a complete disclosure with 
regard to the real party or parties in interest or as to all matters and 
things required to be disclosed in the application, the Commission at 
any time may order such person to show cause why such authorization 
should not be revoked. Such person will be given reasonable opportunity 
to respond in writing to the order to show cause. Upon consideration of 
the response, the Commission will determine whether an order of 
revocation should issue or whether further proceedings, as may be 
appropriate, should be instituted. If an order of revocation is issued, 
immediate disposition shall be made of the shares of stock purchased or 
otherwise obtained pursuant to said authorization.



                Subpart I--Equal Employment Opportunities



Sec. 25.601  Equal employment opportunity requirement.

    Notwithstanding other EEO provisions within Sec. 1.815 of this 
chapter, an entity that uses an owned or leased fixed satellite service 
facility (operating under this part) to provide more than one channel of 
video programming directly to the public must comply with the equal 
employment opportunity requirements set forth in part 76, subpart E of 
this chapter, if such entity exercises control (as defined in part 76, 
subpart E of this chapter) over the video programming it distributes.

[58 FR 42249, Aug. 9, 1993]



PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE--Table of Contents




                     Subpart A--General Information

Sec.
26.1  Basis and purpose.
26.2  Other applicable rule parts.
26.3  Permissible communications.
26.4  Terms and definitions.

                  Subpart B--Applications and Licenses

26.11  Initial authorization.
26.12  Eligibility.
26.13  License period.
26.14  Criteria for comparative renewal proceedings.

                     Subpart C--Technical Standards

26.51  Equipment authorization.
26.52  RF safety.
26.53  Emission limits.
26.54  Frequency stability.
26.55  Field strength limits.

                        Subpart D--Miscellaneous

26.101  Multiple ownership restrictions.
26.102  Service areas.
26.103  Frequencies.
26.104  Construction requirements.
26.105  Notification to the Arecibo Observatory.

           Subpart E--Competitive Bidding Procedures for GWCS

26.201  GWCS subject to competitive bidding.
26.202  Competitive bidding design for GWCS licensing.
26.203  Competitive bidding mechanisms.

[[Page 363]]

26.204  Withdrawal, default and disqualification penalties.
26.205  Bidding application (FCC Form 175 and 175-S Short-Form).
26.206  Submission of upfront payments and down payments.
26.207  Long form applications.
26.208  License grant, denial, default, and disqualification.
26.209  Eligibility for partitioned licenses.
26.210  Provisions for small businesses.

    Subpart F--Application, Licensing, and Processing Rules for GWCS

26.301  Authorization required.
26.302  Eligibility.
26.303  Formal and informal applications.
26.304  Filing of GWCS applications, fees, and numbers of copies.
26.305  Standard application forms and permissive changes or minor 
          modifications for the General Wireless Communications Service.
26.306  Miscellaneous forms.
26.307  General application requirements.
26.308  Technical content of applications; maintenance of list of 
          station locations.
26.309  Station antenna structures.
26.310  Waiver of rules.
26.311  Defective applications.
26.312  Inconsistent or conflicting applications.
26.313  Amendment of application for General Wireless Communications 
          Service filed on FCC Form 175.
26.314  Amendment of applications for General Wireless Communications 
          Service (other than applications filed on FCC Form 175).
26.315  Application for temporary authorizations.
26.316  Receipt of application; applications in the General Wireless 
          Communications Service filed on FCC Form 175 and other 
          applications in the GWCS Service.
26.317  Public notice period.
26.318  Dismissal and return of applications.
26.319  Ownership changes and agreements to amend or to dismiss 
          applications or pleadings.
26.320  Opposition to applications.
26.321  Mutually exclusive applications.
26.322  Consideration of applications.
26.323  Post-auction divestitures.
26.324  Transfer of control or assignment of station authorization.
26.325  Extension of time to complete construction.
26.326  Termination of authorization.

    Authority: 47 U.S.C. sections 154, 301, 302, 303, 309 and 332, 
unless otherwise noted.

    Source: 60 FR 40719, Aug. 9, 1995, unless otherwise noted.



                     Subpart A--General Information



Sec. 26.1  Basis and purpose.

    This section contains the statutory basis for this part of the rules 
and provides the purpose for which this part is issued.
    (a) Basis. The rules for the general wireless communications service 
(GWCS) in this part are promulgated under the provisions of the 
Communications Act of 1934, as amended, that vests authority in the 
Federal Communications Commission to regulate radio transmission and to 
issue licenses for stations.
    (b) Purpose. This part states the conditions under which portions of 
the radio spectrum are made available and licensed for GWCS.
    (c) Scope. The rules in this part apply only to stations authorized 
under this part.



Sec. 26.2  Other applicable rule parts.

    Other FCC rule parts applicable to licensees in the general wireless 
communications service include the following:
    (a) Part 0. This part describes the Commission's organization and 
delegations of authority. Part 0 of this chapter also lists available 
Commission publications, standards and procedures for access to 
Commission records, and location of Commission Field Offices.
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental requirements that, if applicable, must be complied with 
prior to the initiation of construction.
    (c) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, treaties. This part also contains standards and procedures 
concerning the marketing and importation of radio frequency devices, and 
for obtaining equipment authorization.
    (d) Part 5. This part contains rules prescribing the manner in which 
parts of the radio frequency spectrum may be made available for 
experimentation.

[[Page 364]]

    (e) Part 17. This part contains requirements for construction, 
marking and lighting of antenna towers.
    (f) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.



Sec. 26.3  Permissible communications.

    GWCS licensees may provide any fixed or mobile communications 
service on their assigned spectrum. Broadcasting services, Radiolocation 
services and satellite services as defined in Sec. 2.1 of this chapter 
are prohibited.



Sec. 26.4  Terms and definitions.

    Assigned frequency. The center 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.
    Average terrain. The average elevation of terrain between 3 and 16 
kilometers from the antenna site.
    Effective radiated power (e.r.p.) (in a given direction). The 
product of the power supplied to the antenna and its gain relative to a 
half-wave dipole in a given direction.
    Equivalent isotropically radiated power (e.i.r.p.). The product of 
the power supplied to the antenna and the antenna gain in a given 
direction relative to an isotropic antenna.
    Fixed service. A radio communication service between specified fixed 
points.
    Fixed station. A station in the fixed service.
    Gross revenues. Gross revenues shall mean all income received by an 
entity, whether earned or passive, before any deductions are made for 
costs of doing business (e.g. cost of goods sold), as evidenced by 
audited financial statements for the relevant number of calendar years 
preceding January 1, 1994, or, if audited financial statements were not 
prepared on a calendar-year basis, for the most recently completed 
fiscal years preceding the filing of the applicant's short-form 
application (Form 175). For applications filed after December 31, 1995, 
gross revenues shall be evidenced by audited financial statements for 
the preceding relevant number of calendar or fiscal years. If an entity 
was not in existence for all or part of the relevant period, gross 
revenues shall be evidenced by the audited financial statements of the 
entity's predecessor-in-interest or, if there is no identifiable 
predecessor-in-interest, unaudited financial statements certified by the 
applicant as accurate.
    Land mobile service. A mobile service between base stations and land 
mobile stations, or between land mobile stations.
    Land mobile station. A mobile station in the land mobile service 
capable of surface movement within the geographic limits of a country or 
continent.
    Land station. A station in the mobile service not intended to be 
used while in motion.
    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.
    National Geodetic Reference System (NGRS): The name given to all 
geodetic control data contained in the National Geodetic Survey (NGS) 
data base. (Source: National Geodetic Survey, U.S. Department of 
Commerce)
    Rural telephone company. A rural telephone company is a local 
exchange carrier having 100,000 or fewer access lines, including all 
affiliates.
    Small business: consortium of small businesses.
    (1) A small business is an entity that, together with its affiliates 
and persons or entities that hold interest in such entity and their 
affiliates, has average annual gross revenues that are not more than $40 
million for the preceding three years.
    (2) A small business consortium is a conglomerate organization 
formed as a joint venture between or among mutually-independent business 
firms, each of which individually satisfies the definition of a small 
business.
    Total assets. Total assets shall mean the book value (except where 
generally accepted accounting principles (GAAP) require market 
valuation) of all property owned by an entity, whether real

[[Page 365]]

or personal, tangible or intangible, as evidenced by the most recent 
audited financial statements.



                  Subpart B--Applications and Licenses



Sec. 26.11  Initial authorization.

    (a) An applicant must file an application for an initial 
authorization in each market and frequency block desired.
    (b) Blanket licenses are granted for each market and frequency 
block. Applications for individual sites are not required and will not 
be accepted.



Sec. 26.12  Eligibility.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. Sec. 310, is eligible 
to hold a license under this part.



Sec. 26.13  License period.

    Licenses for service areas will be granted for ten year terms from 
the date of original issuance or renewal.



Sec. 26.14  Criteria for comparative renewal proceedings.

    A renewal applicant involved in a comparative renewal proceeding 
shall receive a preference, commonly referred to as a renewal 
expectancy, which is the most important comparative factor to be 
considered in the proceeding, if its past record for the relevant 
license period demonstrates that the renewal applicant:
    (a) Has provided ``substantial'' service during its past license 
term. ``Substantial'' service is defined as service which is sound, 
favorable, and substantially above a level of mediocre service which 
might just minimally warrant renewal; and
    (b) Has substantially complied with applicable Commission rules, 
policies and the Communications Act.



                     Subpart C--Technical Standards



Sec. 26.51  Equipment authorization.

    (a) Each transmitter utilized for operation under this part and each 
transmitter marketed, as set forth in Sec. 2.803 of this chapter, must 
be of a type that has been authorized by the Commission under its type 
certification procedure.
    (b) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in Subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.

[63 FR 36604, July 7, 1998]

    Effective Date Note: At 63 FR 36604, July 7, 1998, Sec. 26.51 was 
revised, effective Oct. 5, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 26.51  Equipment authorization.

    (a) Each transmitter utilized for operation under this part and each 
transmitter marketed, as set forth in Sec. 2.803 of this chapter, must 
be of a type that has been authorized by the Commission under its type 
acceptance procedure.
    (b) The Commission periodically publishes a list of type accepted 
equipment, entitled ``Radio Equipment List, Equipment Accepted for 
Licensing.'' Copies of this list are available for public reference at 
the Commission's offices in Washington, D.C., at each of its field 
offices, and may be ordered from its copy contractor.
    (c) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in Subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter. Such equipment if approved or accepted 
will not normally be included in the Commission's Radio Equipment List 
but will be individually enumerated on the station authorization.

[60 FR 40719, Aug. 9, 1995, as amended at 62 FR 47967, Sept. 12, 1997]



Sec. 26.52  RF safety.

    Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. 1.1307(b), Sec. 2.1091 
and Sec. 2.1093 of this chapter, as appropriate. Applications for 
equipment authorization of mobile or portable devices operating under 
this section must contain a statement confirming compliance with these 
requirements for both fundamental emmissions and unwanted emissions. 
Technical information showing the

[[Page 366]]

basis for this statement must be submitted to the Commission upon 
request.

[62 FR 47968, Sept. 12, 1997]



Sec. 26.53  Emission limits.

    (a) The power of any emission at the edges of the 4660-4685 MHz band 
shall be attenuated below the transmitter power (P) by at least 43 + 10 
log10(P) or 80 decibels, whichever is less.
    (b) Compliance with these provisions is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 MHz or 
greater. However, in the 1 MHz bands immediately outside and adjacent to 
the frequency block a resolution bandwidth of at least one percent of 
the emission bandwidth of the fundamental emission of the transmitter 
may be employed. The emission bandwidth is defined as the width of the 
signal between two points, one below the carrier center frequency and 
one above the carrier center frequency, outside of which all emission 
are attenuated at least 26 dB below the transmitter power.
    (c) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the license's frequency block 
edges, both upper and lower, as the design permits.
    (d) The measurements of emission power can be expressed in peak or 
average values, provided that they are expressed in the same parameters 
as the transmission power.
    (e) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.



Sec. 26.54  Frequency stability.

    The frequency stability shall be sufficient to ensure that the 
fundamental emission stays within the authorized frequency block.



Sec. 26.55  Field strength limits.

    The predicted or measured median field strength at any location on 
the border of the GWCS service area shall not exceed 55 dBu unless 
licensees operating in adjacent areas agree to higher field strength 
along their mutual borders.



                        Subpart D--Miscellaneous



Sec. 26.101  Multiple ownership restrictions.

    (a) GWCS licensees shall not have an ownership interest in more than 
three of the five, 5 megahertz wide channels available in any geographic 
area. For purposes of this restriction, a GWCS licensee is:
    (1) Any institutional investor, as defined in Sec. 26.4, with an 
ownership interest of ten or more percent in a GWCS license; and
    (2) Any other person or entity with an ownership interest of five or 
more percent in a GWCS license.
    (b) In cases where a party had indirect ownership, through an 
interest in an intervening entity (or entities) that has ownership in 
the GWCS license, that indirect ownership shall be attributable if the 
percentages of ownership at each level, multiplied together, equal five 
or more percent ownership of the GWCS license, except that if the 
ownership percentage for an interest in any link in the chain exceeds 50 
percent or represents actual control, it shall be treated as if it were 
a 100 percent interest.

    Example. Party X has a non-controlling ownership interest of 25 
percent in Company Y, which in turn has a non-controlling ownership 
interest of 10 percent in Company Z, the GWCS licensee. Party X's 
effective ownership interest in Company Z is Party X's ownership 
interest in Company Y (25 percent) times Company Y's ownership interest 
in Company Z (10 percent). Therefore, Party X's effective ownership 
interest in Company Z is 2.5 percent, and is not attributable.

    (c) Notwithstanding paragraph (b) of this section, the following 
interests shall not constitute attributable ownership interests for 
purposes of paragraph (a) of this section.
    (1) A limited partnership interest held by an institutional investor 
(as defined Sec. 26.4) where the limited partner is not materially 
involved, directly or indirectly, in the management or operation of the 
GWCS holdings of the partnership, and the licensee so certifies. The 
criteria which would assure adequate insulation for the purposes of this 
certification require:
    (i) Prohibiting limited partners from acting as employees of the 
limited

[[Page 367]]

partnership if responsibilities relate to the carrier activities of the 
licensee;
    (ii) Barring the limited partners from serving as independent 
contractors;
    (iii) Restricting communication among limited partners and the 
general partner regarding day-to-day activities of the licensee;
    (iv) Empowering the general partner to veto admissions of new 
general partners;
    (v) Restricting the circumstances in which the limited partners can 
remove the general partner;
    (vi) Prohibiting the limited partners from providing services to the 
partnership relating to the GWCS holdings of the licensee; and
    (vii) Stating that the limited partners may not become involved in 
the management or operation of the licensee.



Sec. 26.102  Service areas.

    GWCS service areas are based on Economic Areas developed by the 
Bureau of Economic Analysis, Department of Commerce, referred to as 
``EAs'' and three additional EA-like service areas: Guam and the 
Northern Mariana Islands (combined as one service area), Puerto Rico and 
the United States Virgin Islands (combined as one service area), and 
American Samoa.
    (a) Economic Areas. Codes from 001 to 172 are assigned to the EAs in 
approximate geographic order, beginning with 001 in northern Maine, 
continuing south to Florida, then north to the Great Lakes, and 
continuing in a serpentine pattern to the West Coast. Except for the 
Western Oklahoma EA (126), the Northern Michigan EA (058), and the 17 
EAs that mainly correspond to consolidated metropolitan statistical 
areas (CMSAs), each EA is named for the metropolitan area or city that 
is the node of its largest component economic area (CEA) and that is 
usually, but not always, the largest metropolitan area or city in the 
EA. Each CEA consists of a single economic node and the surrounding 
counties that are economically related to the node. The following list 
provides EA codes and names.

                              Code and Name

001  Bangor, ME
002  Portland, ME
003  Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH
004  Burlington, VT
005  Albany-Schenectady-Troy, NY
006  Syracuse, NY
007  Rochester, NY
008  Buffalo-Niagara Falls, NY
009  State College, PA
010  New York-No. New Jersey-Long Island, NY-NJ-CT-PA
011  Harrisburg-Lebanon-Carlisle, PA
012  Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD
013  Washington-Baltimore, DC-MD-VA-WV
014  Salisbury, MD
015  Richmond-Petersburg, VA
016  Staunton, VA
017  Roanoke, VA
018  Greensboro-Winston-Salem-High Point, NC
019  Raleigh-Durham-Chapel Hill, NC
020  Norfolk-Virginia Beach-Newport News, VA-NC
021  Greensville, NC
022  Fayettesville, NC
023  Charlotte-Gastonia-Rock Hill, NC-SC
024  Columbia, SC
025  Wilmington, NC
026  Charleston-North Charleston, SC
027  Augusta-Aiken, GA-SC
028  Savannah, GA
029  Jacksonville, FL
030  Orlando, FL
031  Miami-Fort Lauderdale, FL
032  Fort Myers-Cape Coral, FL
033  Sarasota-Bradenton, FL
034  Tampa-St. Petersburg-Clearwater, FL
035  Tallahassee, FA
036  Dothan, AL
037  Albany, GA
038  Macon, GA
039  Columbus, GA-AL
040  Atlanta, GA
041  Greenville-Spartanburg-Anderson, SC
042  Asheville, NC
043  Chattanooga, TN-GA
044  Knoxville, TN
045  Johnson City-Kingsport-Bristol, TN-VA
046  Hickory-Morganton, NC
047  Lexington, KY
048  Charleston, WV
049  Cincinnati-Hamilton, OH-KY-IN
050  Dayton-Springfield, OH

[[Page 368]]

051  Columbus, OH
052  Wheeling, WV-OH
053  Pittsburgh, PA
054  Erie, PA
055  Cleveland-Akron, OH
056  Toledo, OH
057  Detroit-Ann Arbor-Flint, MI
058  Northern Michigan, MI
059  Green Bay, WI
060  Appleton-Oshkosh-Neenah, WI
061  Traverse City, MI
062  Grand Rapids-Muskegon-Holland, MI
063  Milwaukee-Racine, WI
064  Chicago-Gary-Kenosha, IL-IN-WI
065  Elkhart-Goshen, IN
066  Fort Wayne, IN
067  Indianapolis, IN
068  Champaign-Urbana, IL
069  Evansville-Henderson, IN-KY
070  Louisville, KY-IN
071  Nashville, TN
072  Paducah, KY
073  Memphis, TN-AR-MS
074  Huntsville, AL
075  Tupelo, MS
076  Greenville, MS
077  Jackson, MS
078  Birmingham, AL
079  Montgomery, AL
080  Mobile, AL
081  Pensacola, FL
082  Biloxi-Gulfport-Pascagoula, MS
083  New Orleans, LA
084  Baton Rouge, LA
085  Lafayette, LA
086  Lake Charles, LA
087  Beaumont-Port Arthur, TX
088  Shreveport-Bossier City, LA
089  Monroe, LA
090  Little Rock-North Little Rock, AR
091  Fort Smith, AR-OK
092  Fayetteville-Springdale-Rogers, AR
093  Joplin, MO
094  Springfield, MO
095  Jonesboro, AR
096  St. Louis, MO-IL
097  Springfield, IL
098  Columbia, MO
099  Kansas City, MO-KS
100  Des Moines, IA
101  Peoria-Pekin, IL
102  Davenport-Moline-Rock Island, IA-IL
103  Cedar Rapids, IA
104  Madison, WI
105  La Crosse, WI-MN
106  Rochester, MN
107  Minneapolis-St. Paul, MN-WI
108  Wausau, WI
109  Duluth-Superior, MN-WI
110  Grand Forks, ND-MN
111  Minot, ND
112  Bismarck, ND
113  Fargo-Moorhead, ND-MN
114  Aberdeen, SD
115  Rapid City, SD
116  Sioux Falls, SD
117  Sioux City, IA-NE
118  Omaha, NE-IA
119  Lincoln, NE
120  Grand Island, NE
121  North Platte, NE
122  Wichita, KS
123  Topeka, KS
124  Tulsa, OK
125  Oklahoma City, OK
126  Western Oklahoma, OK
127  Dallas-Fort Worth, TX
128  Abilene, TX
129  San Angelo, TX
130  Austin-San Marcos, TX
131  Houston-Galveston-Brazoria, TX
132  Corpus Christi, TX
133  McAllen-Edinburg-Mission, TX
134  San Antonio, TX
135  Odessa-Midland, TX
136  Hobbs, NM
137  Lubbock, TX
138  Amarillo, TX
139  Santa Fe, NM
140  Pueblo, CO
141  Denver-Boulder-Greeley, CO
142  Scottsbluff, NE
143  Casper, WY
144  Billings, MT
145  Great Fallas, MT
146  Missoula, MT
147  Spokane, WA
148  Idaho Falls, ID
149  Twin Falls, ID
150  Boise City, ID
151  Reno, NV
152  Salt Lake City-Ogden, UT
153  Las Vegas, NV-AZ
154  Flagstaff, AZ
155  Farmington, NM
156  Albuquerque, NM
157  El Paso, TX
158  Phoenix-Mesa, AZ
159  Tucson, AZ
160  Los Angeles-Riverside-Orange County, CA
161  San Diego, CA
162  Fresno, CA
163  San Francisco-Oakland-San Jose, CA

[[Page 369]]

164  Sacramento-Yolo, CA
165  Redding, CA
166  Eugene-Springfield, OR
167  Portland-Salem, OR-WA
168  Pendleton, OR
169  Richland-Kennewick-Pasco, WA
170  Seattle-Tacoma-Bremerton, WA
171  Anchorage, AK
172  Honolulu, HI

    (b) Other eligible areas not included in the Bureau of Economic 
Analysis's list of EAs include: Guam and the Northern Mariana Islands, 
Puerto Rico and United States Virgin Islands, and American Samoa.



Sec. 26.103  Frequencies.

    The following frequencies are available for GWCS in the Economic 
Areas and other areas described in Sec. 26.102 as shown below.

                    Channel Block and Frequency Band

Block A: 4660-4665 MHz
Block B: 4665-4670 MHz
Block C: 4670-4675 MHz
Block D: 4675-4680 MHz
Block E: 4680-4685 MHz



Sec. 26.104  Construction requirements.

    (a) GWCS licensees shall within five years of initial license grant 
date offer service to one-third of the population in the area in which 
they are licensed. Licensees shall serve two-thirds of the population in 
the area in which they are licensed within ten years of initial license 
grant date.
    (b) In demonstrating compliance with the above construction 
requirements, licensees must base their calculations on signal field 
strengths that ensure reliable service for the technology utilized. 
Licensees may use any service radius contour formula developed or 
generally used by industry, provided that such formula is based on the 
technical characteristics of their system.
    (c) Upon meeting the five and ten year benchmarks in paragraph (a) 
of this section, licensees shall file a map and other supporting 
documentation that demonstrates compliance with the geographic area or 
population coverage requirement. Licensees shall file a statement 
indicating commencement of service. The filing must be received at the 
Commission on or before expiration of the relevant period.
    (d) If the sale of a license is approved, the new licensee is held 
to the original build-out requirement.
    (e) Failure by a licensee to meet the above construction 
requirements may result in forfeiture of the license and ineligibility 
to regain it.

    Note to Sec. 26.104: Population-based construction requirements 
contained in this section shall be based on the 1990 census.


    Effective Date Note: At 60 FR 40722, Aug. 9, 1995, Sec. 26.104 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 26.105  Notification to the Arecibo Observatory.

    (a) The requirements in this section are intended to minimize 
possible interference at the Arecibo Observatory in Puerto Rico. 
Licensees must make reasonable efforts to protect the Observatory from 
interference. Licensees planning to construct and operate a new station 
at a permanent fixed location on the islands of Puerto Rico, Desecheo, 
Mona, Vieques or Culebra in services in which individual station 
licenses are issued by the FCC; planning to construct and operate a new 
station at a permanent fixed location on these islands that may cause 
interference to the operations of the Arecibo Observatory in services in 
which individual station licenses are not issued by the FCC; or planning 
a modification of any existing station at a permanent fixed location on 
these islands that would increase the likelihood of causing interference 
to the operations of the Arecibo Observatory must notify the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically (e-mail address: 
[email protected]), of the technical parameters of the planned operation. 
Carriers may wish to use the interference guidelines provided by Cornell 
University as guidance in designing facilities to avoid interference to 
the Observatory. The notification must include identification of the 
geographical coordinates of the antenna location (NAD-83 datum), the 
antenna height, antenna directivity (if any), proposed channel and FCC 
rule part,

[[Page 370]]

type of emission, and effective isotropic radiated power.
    (b) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (a) of this section 
should be sent at the same time the application is filed with the FCC, 
and at least 20 days in advance of the applicant's planned operation. 
The application must state the date that notification in accordance with 
paragraph (a) was made. In services in which individual station licenses 
are not issued by the FCC, the notification required in paragraph (a) of 
this section should be sent at least 45 days in advance of the 
applicant's planned operation. In the latter services, the Interference 
Office must inform the FCC of a notification by an applicant within 20 
days if the Office plans to file comments or objections to the 
notification. After the FCC receives an application from a service 
applicant or is informed by the Interference Office of a notification 
from a service applicant, the FCC will allow the Interference Office a 
period of 20 days for comments or objections in response to the 
application or notification.
    (c) If an objection to any planned service operation is received 
during the 20-day period from the Interference Office, the FCC will take 
whatever action is deemed appropriate.

[63 FR 41203, Aug. 3, 1998]



           Subpart E--Competitive Bidding Procedures for GWCS



Sec. 26.201  GWCS subject to competitive bidding.

    Mutually exclusive initial applications to provide GWCS service are 
subject to competitive bidding procedures. The general competitive 
bidding procedures found in 47 CFR part 1, subpart Q, will apply unless 
otherwise provided in this part.



Sec. 26.202  Competitive bidding design for GWCS licensing.

    (a) The Commission will employ the following competitive bidding 
designs when choosing from among mutually exclusive initial applications 
to provide GWCS service:
    (1) Simultaneous multiple round actions
    (2) Sequential oral auctions
    (b) The Commission may design and test alternative procedures. The 
Commission will announce by Public Notice before each auction the 
competitive bidding design to be employed in a particular auction.
    (c) The Commission may use single combined auctions, which combine 
bidding for two or more substitutable licenses and award licenses to the 
highest bidders until the available licenses are exhausted. This 
technique may be used in conjunction with any type of auction.



Sec. 26.203  Competitive bidding mechanisms.

    (a) Sequencing. The Commission will establish and may vary the 
sequence in which GWCS licenses will be auctioned.
    (b) Reservation price. The Commission may establish a reservation 
price, either disclosed or undisclosed, below which a license subject to 
auction will not be awarded.
    (c) Minimum bid increments. The Commission may, by announcement 
before or during an auction, require minimum bid increments in dollar or 
percentage terms. The Commission may also establish by Public Notice a 
suggested opening bid or a minimum opening bid on each license.
    (d) Stopping rules. The Commission may establish stopping rules 
before or during multiple round auctions in order to terminate an 
auction within a reasonable time.
    (e) Activity rules. The Commission may establish activity rules 
which require a minimum amount of bidding activity. In the event that 
the Commission establishes an activity rule in connection with a 
simultaneous multiple round auction, each bidder will be entitled to 
request and will be automatically granted one activity rule waiver 
during each stage of an auction, or one automatic waiver during a 
specified number of bidding rounds. The Commission may change by Public 
Notice the number and frequency of such automatic activity rule waivers 
for a specific auction.
    (f) Bidder identification during auctions. The Commission may 
choose, on

[[Page 371]]

an auction-by-auction basis, to release the identity of the bidders 
associated with bidder identification numbers. The Commission will 
announce by Public Notice before each auction whether bidder identities 
will be revealed.
    (g) Nationwide bidders. Bidders seeking to aggregate EA-based GWCS 
licenses into nationwide licenses are required to declare the number of 
nationwide aggregations for which they will bid and to be active in 
every round of bidding on sufficient licenses to create the number of 
declared aggregations.



Sec. 26.204  Withdrawal, default and disqualification penalties.

    (a) When the Commission conducts a simultaneous multiple round 
auction pursuant to Sec. 26.202(a)(1), the Commission will impose 
penalties on bidders who withdraw high bids during the course of an 
auction, or who default on payments due after an auction closes or who 
are disqualified.
    (1) Bid withdrawal prior to close of auction. A bidder who withdraws 
a high bid during the course of an auction will be subject to a penalty 
equal to the difference between the amount bid and the amount of the 
winning bid the next time the license is offered by the Commission. No 
withdrawal penalty would be assessed if the subsequent winning bid 
exceeds the withdrawn bid. This penalty amount will be deducted from any 
upfront payments or down payments that the withdrawing bidder has 
deposited with the Commission. The withdrawal penalty for a nationwide 
bidder for each aggregation is limited to 5 percent of the aggregate 
withdrawn bids. The withdrawal penalty for a nationwide bidder is 
calculated between the sum of the withdrawn bids and the sum of the 
subsequent high bids on the withdrawn licenses.
    (2) Default or disqualification after close of auction. If a high 
bidder defaults or is disqualified after the close of such an auction, 
the defaulting bidder will be subject to the penalty in paragraph (a)(1) 
of this section plus an additional penalty equal to three (3) percent of 
the subsequent winning bid. If the subsequent winning bid. If the 
subsequent winning bid exceeds the defaulting bidder's bid amount, the 3 
percent penalty will be calculated based on the defaulting bidder's bid 
amount. These amounts will be deducted from any upfront payments or down 
payments that the defaulting or disqualified bidder has deposited with 
the Commission.
    (b) When the Commission conducts sequential oral auctions, the 
Commission may modify the penalties to be paid in the event of bid 
withdrawal, default disqualification; provided, however, that such 
penalties shall not exceed the penalties specified above.
    (c) In the case of single round bidding for GWCS licenses:
    (1) If a bid is withdrawn before the Commission releases the initial 
Public Notice announcing the winning bidder(s), no bid withdrawal 
penalty will be assessed.
    (2) If a bid is withdrawn after the Commission releases the initial 
Public Notice announcing the winning bidder(s), the bid withdrawal 
penalty will be equal to the difference between the high bid amount and 
the amount of the next highest valid bid. A bid will be considered valid 
for this purpose if the bidder has not already been designated the 
winning bidder on more licenses than it is permitted to be awarded. 
Losing bidders will only be subject to this bid withdrawal penalty for a 
period of 30 days after the Commission releases the initial Public 
Notice announcing the winning bidders.
    (d) In the case of oral sequential bidding for GWCS licenses:
    (1) If a bid is withdrawn before the Commission has declared the 
bidding to be closed for the license bid on, no bid withdrawal penalty 
will be assessed.
    (2) If a bid is withdrawn after the Commission has declared the 
bidding to be closed for the license bid on, the bid withdrawal penalty 
of Sec. 1.2104(g) of this chapter and paragraphs (a)(1) and (a)(2) of 
this section will apply.



Sec. 26.205  Bidding application (FCC Form 175 and 175-S Short-Form).

    All applicants for initial provision of GWCS service must submit 
applications on FCC Forms 175 and 175-S pursuant to the procedures set 
forth in Sec. 1.2105 of this chapter. The Commission will issue a Public 
Notice announcing

[[Page 372]]

the date of a GWCS auction, the licenses which are to be auctioned, and 
the date on or before which applicants intending to participate in an 
upcoming GWCS auction must file their applications in order to be 
eligible for that auction. The Public Notice will also contain 
information necessary for completion of the application as well as other 
important information such as the materials which must accompany the 
Forms, any filing fee that must accompany the application or any upfront 
payment that will need to be submitted, and the location where the 
application must be filed.



Sec. 26.206  Submission of upfront payments and down payments.

    (a) Where the Commission uses simultaneous multiple round auctions 
or oral sequential auctions bidders will be required to submit an 
upfront payment pursuant to the procedures set forth in Sec. 1.2106 of 
this chapter.
    (b) Winning bidders in an auction must submit a down payment to the 
Commission in accordance with the procedures set forth in Sec. 1.2107 
(a) and (b) of this chapter.
    (c) Notwithstanding paragraphs (a) and (b) of this section, eligible 
small businesses may submit a down payment of 5 percent of the winning 
bid five days after the auction closes and 5 percent five days after 
public notice that the license is ready for grant.



Sec. 26.207  Long form applications.

    Winning bidders will be required to submit long form applications on 
FCC form XXX, as modified, within ten (10) business days after being 
notified that they are the winning bidder. Applications on FCC Form XXX 
shall be submitted pursuant to the procedures set forth in subpart G of 
this part and Sec. 1.2107 (c) and (d) of this chapter and any associated 
Public Notices. Only auction winners will be eligible to file 
applications on FCC Form XXX for initial GWCS licenses in the event of 
mutual exclusivity between applicants filing Form 175. Winning bidders 
need not complete Schedule B to Form XXX.



Sec. 26.208  License grant, denial, default, and disqualification.

    (a) Unless eligible for installment payments and/or a bidding 
credit, each winning bidder is required to pay the balance of its 
winning bid in a lump sum payment within five (5) business days 
following the award of the license. Grant of the license will be 
conditioned upon full and timely payment of the winning bid amount.
    (b) A bidder who withdraws its bid, defaults on a payment or is 
disqualified will be subject to the penalties specified in Sec. 1.2109 
of this Chapter.
    (c) An eligible small business may elect to pay its winning bid, 
less up-front payments, over the terms of the license. Interest charges 
are fixed at the time of licensing at the rate equal to U.S. Treasury 
obligation plus 2.5 percent. Installment payments are due quarterly on 
the anniversary of the day the license was granted, except that 
interest-only installment payments are permitted during the first two 
years of the license.



Sec. 26.209  Eligibility for partitioned licenses.

    (a) Notwithstanding Sec. 26.102, an applicant that is a rural 
telephone company, as defined in Sec. 26.4, may be granted a GWCS 
license that is geographically partitioned from a separately licensed 
EA, so long as the EA applicant or licensee has voluntarily agreed (in 
writing) to partition a portion of the license to the rural telephone 
company.
    (b) If partitioned licenses are being applied for in conjunction 
with a license(s) to be awarded through competitive biding procedures--
    (1) The applicable procedures for filing short-form applications and 
for submitting upfront payments and down payments contained in this part 
and part 1 of this chapter shall be followed by the applicant, who must 
disclose as part of its short-form application all parties to 
agreement(s) with or among rural telephone companies to partition the 
license pursuant to this section, if won at auction (see 
Sec. 1.2105(a)(2)(viii));
    (2) Each rural telephone company that is a party to an agreement to 
partition the license shall file a long-form application for its 
respective, mutually

[[Page 373]]

agreed-upon geographic area together with the application for the 
remainder of the EA filed by the auction winner.
    (c) If the partitioned license is being applied for as a partial 
assignment of the EA license following grant of the initial license, 
request for authorization for partial assignment of a license shall be 
made pursuant to Sec. 26.324.
    (d) Each application for a partitioned area (long-form initial 
application or partial assignment application) shall contain a 
partitioning plan that must propose to establish a partitioned area to 
be licensed that meets the following criteria:
    (1) Conforms to established geopolitical boundaries (such as county 
lines);
    (2) Includes the wireline service area of the rural telephone 
company applicant; and
    (3) Is reasonably related to the rural telephone company's wireline 
service area.

    Note to paragraph (d)(3): A partitioned service area will be 
presumed to be reasonably related to the rural telephone company's 
wireline service area if the partitioned service area contains no more 
than twice the population overlap between the rural telephone company's 
wireline service area and the partitioned area.

    (e) Each licensee in each partitioned area will be responsible for 
meeting the construction requirements in its area (see Sec. 26.104).



Sec. 26.210  Provisions for small businesses.

    (a) Bidding credits. A winning bidder that qualifies as a small 
business or a consortium of small businesses may use a bidding credit of 
ten percent to lower the cost of its winning bid.
    (b) Installment payments. A winning bidder that qualifies as a small 
business may pay its winning bid amount (less upfront payments) in 
installments over the ten year term of the license, with interest 
charges to be fixed at the time of licensing at a rate equal to the rate 
for ten year U.S. Treasury obligations plus 2.5 percent. Installment 
payments are due quarterly on the anniversary of the day the license is 
granted. Failure to make timely installment payments may result in 
revocation of the license. Small businesses are permitted to make 
interest-only installment payments during the first two years of the 
license.
    (c) Down payments. A winning bidder that qualifies as a small 
business is permitted to make a down payment equal to 5 percent of the 
winning bid due five days after the auction closes with the remaining 5 
percent down payment dues five days after Public Notice that the license 
is ready for grant.
    (d) Unjust enrichment. If a licensee that utilizes a bidding credit 
under this section seeks to assign or transfer control of its license to 
an entity not meeting the eligibility standards for bidding credits or 
seeks to make any other change in ownership that would result in the 
licensee no longer qualifying for bidding credits under this section, 
the licensee must seek Commission approval and reimburse the government 
for the amount of the bidding credit, plus interest at the rate imposed 
for installment financing at the time the license was awarded as a 
condition of the approval of such assignment, transfer or other 
ownership change. The amount of the payment would be reduced over time 
so that a transfer in the first two years of the license would result in 
a payment of 100 percent of the value of the bidding credit; in year 
three of the license term the payment would be 75 percent; in year four 
the payment would be 50 percent and in year five the payment would be 25 
percent, after which there would be no payment. Transfer of control or 
assignment of station license is also subject to provisions of 
Sec. 1.2111 of this chapter.



    Subpart F--Application, Licensing, and Processing Rules for GWCS



Sec. 26.301  Authorization required.

    No person shall use or operate any device for the transmission of 
energy or communications by radio in the services authorized by this 
part except as provided in this part.



Sec. 26.302  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:

[[Page 374]]

    (1) The applicant is qualified under the applicable laws and the 
regulations, policies and decisions issued under those laws, including 
Secs. 26.101 and 26.12;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien ownership. A GWCS authorization to provide Commercial 
Mobile Radio Service may not be granted to 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 more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof or any corporation 
organized under the laws of a foreign country.
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the Commission finds that the 
public interest will be served by the refusal or revocation of such 
license.
    (c) A GWCS authorization to provide Private Mobile Radio Service may 
not be granted to or held by a foreign government or a representative 
thereof.

[60 FR 40719, Aug. 9, 1995, as amended at 61 FR 55581, Oct. 28, 1996]



Sec. 26.303  Formal and informal applications.

    (a) Except for an authorization under any of the conditions stated 
in section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), 
the Commission may grant only upon written application received by it, 
the following authorization: station licenses; modifications of 
licenses; renewals of licenses; transfers and assignments of station 
licenses, or any right thereunder.
    (b) Except as may be otherwise permitted by this part, a separate 
written application shall 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 information 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.



Sec. 26.304  Filing of GWCS applications, fees, and numbers of copies.

    (a) As prescribed by Secs. 26.304 and 26.307, standard formal 
application forms applicable to the GWCS may be obtained from either:
    (1) Federal Communications Commission, Washington, DC 20554; or
    (2) By calling the Commission's Forms Distribution Center, (202) 
418-3676.
    (b) Applications for the initial provision of GWCS service must be 
filed on FCC Form 175 in accordance with the rules in Sec. 26.305 and 
part 1, subpart Q of this chapter. In the event of mutual exclusivity 
between applicants filing FCC Form 175, only auction winners will be 
eligible to file subsequent long form applications on FCC Form XXX for 
initial GWCS licenses. Mutually exclusive applications filed on Form 175 
are subject to competitive bidding under those rules. GWCS applicants 
filing Form XXX need not complete Schedule B.
    (c) All applications for GWCS radio station authorizations (other 
than applications for initial provision of GWCS service filed on FCC 
Form 175) shall be submitted for filing to: Federal Communications 
Commission, Washington, DC 20554, Attention: GWCS

[[Page 375]]

Processing Section. Applications requiring fees as set forth at part 1, 
subpart G, of this chapter must be filed in accordance with 
Sec. 0.401(b) of this chapter.
    (d) All correspondence or amendments concerning a submitted 
application shall clearly identify the name of the applicant, applicant 
identification number or Commission file number (if known) or station 
call sign of the application involved, and may be sent directly to the 
Wireless Telecommunications Bureau, Washington, DC 20554, GWCS 
Processing Section.
    (e) Except as otherwise specified, all applications, amendments, 
correspondence, pleadings and forms (including FCC Form 175) shall be 
submitted on one original paper copy and with thee microfiche copies, 
including exhibits and attachments thereto, and shall be signed as 
prescribed by Sec. 1.743 of this chapter. Unless otherwise provided by 
the FCC, filings of five pages or less are exempt from the requirement 
to submit on microfiche, as well as emergency filings like letters 
requesting special temporary authority. Those filing any amendments, 
correspondence, pleadings, and forms must simultaneously submit the 
original hard copy which must be stamped ``original''. In addition to 
the original hard copy, those filing pleadings, including pleadings 
under Sec. 1.2108 of this chapter shall also submit 2 paper copies as 
provided in Sec. 1.51 of this chapter.
    (1) Microfiche copies. Each microfiche copy must be a copy of the 
signed original. Each microfiche copy shall be a 148mm 0A 105mm negative 
(clear transparent characters appearing on an opaque background) at 240A 
to 270A reduction for microfiche or microfiche jackets. One of the 
microfiche sets must be a silver halide camera master or a copy made on 
silver halide film such as Kodak Direct Duplicatory Film. The microfiche 
must be placed in paper microfiche envelopes and submitted in a B6 
(125mm 0A 176 mm) or 5 0A 7.5 inch envelope. All applicants must leave 
Row ``A'' (the first row for page images) of the first fiche blank for 
in-house identification purposes.
    (2) All applications and all amendments must have the following 
information printed on the mailing envelope, the microfiche envelope, 
and on the title area at the top of the microfiche:
    (i) The name of the applicant;
    (ii) The type of application (e.g. nationwide, or EA);
    (iii) The month and year of the document;
    (iv) Name of the document;
    (v) File number, applicant identification number, and call sign, if 
assigned; and
    (vi) The identification number and date of the Public Notice 
announcing the auction in response to which the application was filed 
(if applicable). Each microfiche copy of pleadings shall include:
    (A) The month and year of the document;
    (B) Name of the document;
    (C) Name of the filing party;
    (D) File number, applicant identification number, and call sign, if 
assigned;
    (E) The identification number and date of the Public Notice 
announcing the auction in response to which the application was filed 
(if applicable). Abbreviations may be used if they are easily 
understood.



Sec. 26.305  Standard application forms and permissive changes or minor modifications for the General Wireless Communications Service.

    (a) Applications for the initial provision of GWCS service must be 
filed on FCC Forms 175 and 175-S.
    (b) Subsequent application by auction winners or non-mutually 
exclusive applicants for GWCS radio station(s) under part 26. FCC Form 
XXX (``Application for New or Modified General Wireless Communications 
Service Under Part 26'') shall be submitted by each auction winner for 
each GWCS license applied for on FCC Form 175. In the event that mutual 
exclusivity does not exist between applicants filing FCC Form 175, the 
Commission will so inform the applicant and the applicant will also file 
FCC Form XXX. Blanket licenses are granted for each market frequency 
block. Applications for individual sites are not needed and will not be 
accepted. See Sec. 26.11. GWCS applicants filing Form XXX need not 
complete Schedule B.
    (c) Extensions of time and reinstatement. When a licensee cannot 
complete

[[Page 376]]

construction in accordance with the provisions of Sec. 26.104, a timely 
application for extension of time (FCC Form 489) must be filed.



Sec. 26.306  Miscellaneous forms.

    (a) Licensee qualifications. FCC Form 430 (``Common Carrier and 
Satellite Radio Licensee Qualifications Report'') shall be filed by 
General Wireless Communications Service licensees only as required by 
Form 490 (Application for Assignment or Transfer of Control Under part 
22).
    (b) Renewal of station license. Except for renewal of special 
temporary authorizations, FCC Form 405 (``Application for Renewal of 
Station License'') must be filed in duplicate by the licensee between 
thirty (30) and sixty (60) days prior to the expiration date of the 
license sought to be renewed.



Sec. 26.307  General application requirements.

    (a) Each application (including applications filed on forms 175 and 
XXX) for a radio station authorization or for consent to assignment or 
transfer of control in the GWCS shall disclose fully the real party or 
parties in interest and must include the following information:
    (1) A list of its subsidiaries, if any. Subsidiary means any 
business five per cent or more whose stock, warrants, options or debt 
securities are owned by the applicant or an officer, director, 
stockholder or key management personnel of the applicant. This list must 
include a description of each subsidiary's principal business and a 
description of each subsidiary's relationship to the applicant.
    (2) A list of its affiliates, if any. Affiliates means any business 
which holds a five per cent or more interest in the applicant, or any 
business in which a five per cent or more interest is held by another 
company which holds a five per cent interest in the applicant (e.g. 
Company A owns 5% of Company B and 5% of Company B and 5% of Company C; 
Companies B and C are affiliates).
    (3) A list of the names, addresses, citizenship and principal 
business of any person holding five per cent or more of each class of 
stock, warrants, options or debt securities together with the amount and 
percentage held, and the name, address, citizenship and principal place 
of business of any person on whose account, if other than the holder, 
such interest is held. If any of these persons are related by blood or 
marriage, include such relationship in the statement.
    (4) In the case of partnerships, the name and address of each 
partner, each partner's citizenship and the share or interest 
participation in the partnership. This information must be provided for 
all partners, regardless of their respective ownership interests in the 
partnership. A signed and dated copy of the partnership agreement must 
be included in the application. This information must be included in 
Exhibit V of the application.
    (b) Each application for a radio station authorization in the GWCS 
must:
    (1) Submit the information required by the Commission's rules, 
requests, and application forms;
    (2) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter; and
    (3) Show compliance with and make all special showings that may be 
applicable.
    (c) Where documents, exhibits, or other lengthy showings already on 
file with the Commission contain information which is required by an 
application form, the application may specifically refer to such 
information, if:
    (1) The information previously filed is over one A4 (21 cm x 29.7 
cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page in length, and all 
information referenced therein is current and accurate in all 
significant respects under Sec. 1.65 of this chapter; and
    (2) The reference states specifically where the previously filed 
information can actually be found, including mention of:
    (i) The station call sign or application file number whenever the 
reference is to station files or previously filed applications;
    (ii) The title of the proceeding, the docket number, and any legal 
citations, whenever the reference is to a

[[Page 377]]

docketed proceeding. However, questions on an application form which 
call for specific technical data, or which can be answered by a ``yes'' 
or ``no'' or other short answer shall be answered as appropriate and 
shall not be cross-referenced to a previous filing.
    (d) In addition to the general application requirements of subpart F 
of this part and Sec. 1.2105 of this chapter, applicants shall submit 
any additional documents, exhibits, or signed written statements of 
fact:
    (1) As may be required by these rules; 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.
    (e) Except when the Commission has declared explicitly to the 
contrary, an informational requirement does not in itself imply the 
processing treatment of decisional weight to be accorded the response.
    (f) All applicants (except applicants filing FCC Form 175) are 
required to indicate at the time their application is filed whether or 
not a Commission grant of the application may have a significant 
environmental impact as defined by Sec. 1.1307 of this chapter. If 
answered affirmatively, the requisite environmental assessment as 
prescribed in Sec. 1.1311 of this chapter must be filed with the 
application and Commission environmental review must be completed prior 
to construction. See Sec. 1.1312 of this chapter. All GWCS licensees are 
subject to a continuing obligation to determine whether subsequent 
construction may have a significant environmental impact prior to 
undertaking such construction and to otherwise comply with Secs. 1.1301 
through 1.1319 of this chapter. See Sec. 1.1312 of this chapter.



Sec. 26.308  Technical content of applications; maintenance of list of station locations.

    All applications required by this part shall contain all technical 
information required by the application forms or associated Public 
Notice(s). Applications other than initial applications for a GWCS 
license must also comply with all technical requirements of the rules 
governing the GWCS (see subparts C and D as appropriate).



Sec. 26.309  Station antenna structures.

    (a) Unless the GWCS licensee has received prior approval from the 
FCC, no antenna structure, including radiating elements, tower, supports 
and all appurtenances, may be higher than 61 m (200 feet) above ground 
level at its site.
    (b) Unless the GWCS licensee has received prior approval from the 
FCC, no antenna structure at an airport or heliport that is available 
for public use and is listed in the Airport Directory of the current 
Airman's Information Manual or in either the Alaska or Pacific Airman's 
Guide and Chart Supplement; or at an airport or heliport under 
construction that is the subject of a notice or proposal on file with 
the FAA, and except for military airports, it is clearly indicated that 
the airport will be available for public use; or at an airport or 
heliport that is operated by the armed forces of the United States; or 
at a place near any of these airports or heliports, may be higher than:
    (1) 1 m above the airport elevation for each 100 m from the airport 
runway longer than 1 km within 6.1 km of the antenna structure.
    (2) 2 m above the airport elevation for each 100 m from the nearest 
runway shorter than 1 km within 3.1 km of the antenna structure.
    (3) 4 m above the airport elevation for each 100 m from the nearest 
landing pad within 1.5 km of the antenna structure.
    (c) A GWCS station antenna structure no higher than 6.1 m (10 feet) 
above ground level at its site or no higher than 6.1 m above any natural 
object or existing manmade structure, other than an antenna structure, 
is exempt from the requirements of paragraphs (a) and (b) of this 
section.
    (d) Further details as to whether an aeronautical study and/or 
obstruction marking and lighting may be required, and specifications for 
obstruction marking and lighting are contained in part 17 of this 
chapter, Construction, Marking and Lighting of Antenna Structures. To 
request approval to place an antenna structure higher than

[[Page 378]]

the limits specified in paragraphs (a), (b), and (c) of this section, 
the licensee must notify the Federal Aviation Administration (FAA) on 
FAA Form 7460-1 and the FCC on FCC Form 854.



Sec. 26.310  Waiver of rules.

    (a) Request for waivers. (1) Waivers of these rules may be granted 
upon application or by the Commission on its own motion. Requests for 
waivers shall contain a statement of reasons sufficient to justify a 
waiver. Waivers will not be granted except upon an affirmative showing:
    (i) That the underlying purpose of the rule will not be served, or 
would be frustrated, by its application in a particular case, and that 
grant of the waiver is otherwise in the public interest; or
    (ii) That 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.
    (2) If the information necessary to support a waiver request is 
already on file, the applicant may cross-reference to the specific 
filing where it may be found.
    (b) Denial of waiver, alternate showing required. If a waiver is not 
granted, the application will be dismissed as defective unless the 
applicant has also provided an alternative proposal which complies with 
the Commission's rules (including any required showings).



Sec. 26.311  Defective applications.

    (a) Unless the Commission shall otherwise permit, an application 
will be unacceptable for filing and will be returned to the applicant 
with a brief statement as to the omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, executive, or other 
matters of a formal character; or
    (2) The application does not comply with the Commission's rules, 
regulations, specific requirements for additional information or other 
requirements. See also Sec. 1.2105 of this chapter.
    (b) Some examples of common deficiencies which result in defective 
applications under paragraph (a) of this section are:
    (1) The application is not filled out completely and signed;
    (2) The application (other an application filed on FCC Form 175) 
does not include an environmental assessment as required for an action 
that may have a significant impact upon the environment, as defined in 
Sec. 1.1307 of this chapter.
    (3) The application is filed prior to the Public Notice issued under 
Sec. 26.317 announcing the application filing date for the relevant 
auction or after the cutoff date prescribed in that Public Notice;
    (c) If an applicant is requested by the Commission to file any 
documents or any supplementary or explanatory information not 
specifically required in the prescribed application form, a failure to 
comply with such request within a specified time period will be deemed 
to render the application defective and will subject it to dismissal.



Sec. 26.312  Inconsistent or conflicting applications.

    While an application is pending and undecided, no subsequent 
inconsistent or conflicting application may be filed by the same 
applicant, his successor or assignee, or on behalf or for the benefit of 
the same applicant, his successor or assignee.



Sec. 26.313  Amendment of application for General Wireless Communications Service filed on FCC Form 175.

    (a) The Commission will provide bidders a limited opportunity to 
cure defects in FCC Form 175 specified herein except for failure to sign 
the application and to make certifications. These are defects which may 
not be cured. See also Sec. 1.2105 of this chapter.
    (b) For GWCS, applicants will be permitted to amend their Form 175 
applications to make minor amendments to correct minor errors or defects 
such as typographical errors. Applicants will also be permitted to amend 
FCC Form 175, to make ownership changes or changes in the identification 
of parties to bidding consortia, provided such changes do not result in 
a change in

[[Page 379]]

control of the applicant and do not involve another applicant (or 
parties in interest to an applicant) who has applied for any of the same 
licenses as the applicant. Amendments which change control of the 
applicant will be considered major amendments. An FCC Form 175 which is 
amended by a major amendment will be considered to be newly filed and 
cannot be resubmitted after applicable filing deadlines. See also 
Sec. 1.2105 of this chapter.



Sec. 26.314  Amendment of applications for General Wireless Communications Service (other than applications filed on FCC Form 175).

    This section applies to all applications for General Wireless 
Communications Service other than applications filed on FCC Form 175.
    (a) Amendments as of right. A pending application may be amended as 
a matter or right if the application has not been designated for 
hearing.
    (1) Amendments shall comply with Sec. 26.319, as applicable; and
    (2) Amendments which resolve interference conflicts or amendments 
under Sec. 26.319 may be filed at any time.
    (b) The Commission or the presiding officer may grant requests to 
amend an application designated for hearing only if a written petition 
demonstrating good cause is submitted and properly served upon the 
parties of record.
    (c) Major amendments, minor amendments. The Commission will classify 
all amendments as minor except in the cases listed below. An amendment 
shall be deemed to be a major amendment subject to Sec. 26.317 under any 
of the following circumstances:
    (1) Change in technical proposal. If the amendment results in a 
substantial change in the engineering proposal such as (but not 
necessarily limited to) a change in, or an addition of, a radio 
frequency; or
    (2) Amendment to proposed service area. If the amendment extends the 
reliable service area of the proposed facilities outside its EA or other 
applicable market area as defined in Sec. 26.102; or
    (3) A substantial change in ownership or control.
    (d) If a petition to deny (or other formal objection) has been 
filed, any amendment, requests for waiver, (or other written 
communications) shall be served on the petitioner, unless waiver of this 
requirement is granted pursuant to paragraph (e) of this section. See 
also Sec. 1.2108 of this chapter.
    (e) The Commission may waive the service requirements of paragraph 
(d) 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.
    (f) Any amendment to an application shall be signed and shall 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.
    (g) An application will be considered to be a newly filed 
application if it is amended by a major amendment (as defined in this 
section), except in the following circumstances:
    (1) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest;
    (2) 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;
    (3) 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; or
    (ii) Obstruction of a proposed transmission path caused by the 
erection of a new building or other structure.

[[Page 380]]



Sec. 26.315  Application for temporary authorizations.

    (a) In circumstances requiring immediate or temporary use of 
facilities, request may be made for 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 
Sec. 26.303 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. A request received within less than 10 days may be 
accepted upon due showing of sufficient reasons for the delay in 
submitting such request.
    (b) Special temporary authorizations may be granted without regard 
to the 30-day public notice requirements of Sec. 26.317 when:
    (1) The authorization is for a period not to exceed 30 days and no 
application for regular operation is contemplated to be filed;
    (2) The authorization is for a period not to exceed 60 days pending 
the filing of an application for such regular operation;
    (3) The authorization is to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as previously authorized; or
    (4) The authorization is made upon a finding that there are 
extraordinary circumstances requiring operation in the public interest 
and that delay in the institution of such service would seriously 
prejudice the public interest.
    (c) Temporary authorizations of operation not exceed 180 days may be 
granted under the standards of section 309(f) of the Communications Act 
where extraordinary circumstances so require. Extensions of the 
temporary authorization for a period of 180 days each may also be 
granted, but the renewal applicant bears a heavy burden to show that 
extraordinary circumstances warrant such an extension.
    (d) 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 feasible to secure renewal 
applications from existing licensees or otherwise to follow normal 
licensing procedure, the Commission will grant radio station 
authorizations 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.



Sec. 26.316  Receipt of application; applications in the General Wireless Communications Service filed on FCC Form 175 and other applications in the GWCS 
          Service.

    (a) All applications for the initial provision of GWCS service must 
be submitted on FCC Forms 175 and 175-S. Mutually exclusive initial 
applications in the General Wireless Communications Services are subject 
to competitive bidding. FCC Form XXX (``Application for New or Modified 
General Wireless Communications Service Radio Station Under Part 26'') 
must be submitted by each winning bidder for each GWCS license applied 
for on FCC Form 175. In the event that mutual exclusivity does not exist 
between applicants filing FCC Form 175, the applicant will also file FCC 
Form 401. The aforementioned Forms 175, 175-S, and XXX are subject to 
the provisions of part 1, subpart Q of this chapter (``Competitive 
Bidding Proceedings'') and subpart E of this part. Blanket licenses are 
granted for each market frequency block. Applications for individual 
sites are not needed and will not be accepted. See Sec. 26.11.
    (b) Applications received for filing are given a file number. The 
assignment of a file number to an application

[[Page 381]]

is merely for administrative convenience and does not indicate the 
acceptance of the application for filing and processing. Such assignment 
of a file number will not preclude the subsequent return or dismissal of 
the application if it is found to be not in accordance with the 
Commission's rules.
    (c) Acceptance of an application for filing merely means that it has 
been the subject of a preliminary review as to completeness. Such 
acceptance will not preclude the subsequent return or dismissal of the 
application if it is found to be defective or not in accordance with the 
Commission's rules.



Sec. 26.317  Public notice period.

    (a) At regular intervals, the Commission will issue a public notice 
listing:
    (1) The acceptance for filing of all applications and major 
amendments thereto:
    (2) Significant Commission actions concerning applications listed as 
acceptable for filing;
    (3) Information which the Commission in its discretion believes of 
public significance. Such notices are solely for the purpose of 
informing the public and do not create any rights in an applicant or any 
other person.
    (4) Special environmental considerations as required by part 1 of 
this chapter.
    (b) The Commission will not grant any application until expiration 
of a period of thirty (30) days following the issuance date of a public 
notice listing the application, or any major amendments thereto, as 
acceptable for filing. Provided, that the Commission will not grant an 
application filed on Form XXX filed either by a winning bidder or by an 
applicant whose Form 175 application is not mutually exclusive with 
other applicants, until the expiration of a period of forty (40) days 
following the issuance of a public notice listing the application, or 
any major amendments thereto, as acceptable for filing. See also 
Sec. 1.2108 of this chapter.
    (c) As an exception to paragraphs (a)(1), (a)(2) of this section, 
the public notice provisions are not applicable to applications:
    (1) For authorization of a minor technical change in the facilities 
of an authorized station where such a change would not be classified as 
a major amendment (as defined by Sec. 26.314) were such a change to be 
submitted as an amendment to a pending application;
    (2) For issuance of a license subsequent to a radio station 
authorization or, pending application for a grant of such license, any 
special or temporary authorization to permit interim operation to 
facilitate completion of authorized construction or to provide 
substantially the same service as would be authorized by such license;
    (3) For extension of time to complete construction of authorized 
facilities, see Sec. 26.104;
    (4) For temporary authorization pursuant to Sec. 25.315;
    (5) 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));
    (6) For consent to an involuntary assignment or transfer of control 
of a radio authorization; or
    (7) 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.



Sec. 26.318  Dismissal and return of applications.

    (a) Any application may be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to designation 
for hearing or, in the case of applications filed on Forms 175 and 175-
S, prior to auction. An applicant's request for the return of his 
application after it has been accepted for filing will be considered to 
be a request for dismissal without prejudice. Applicants requesting 
dismissal of their applications are also subject to Sec. 1.2104 of this 
chapter.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing only if:
    (1) A written petition is submitted to the Commission and is 
properly served upon all parties of record, and
    (2) The petition complies with the provisions of this Section and 
demonstrates good cause.
    (c) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially

[[Page 382]]

within a specified time period to official correspondence or requests 
for additional information. Dismissal shall be without prejudice if made 
prior to designation for hearing or prior to auction, but dismissal may 
be made with prejudice for unsatisfactory compliance or after 
designation for hearing or after the applicant is notified that it is 
the winning bidder under the auction process.



Sec. 26.319  Ownership changes and agreements to amend or to dismiss applications or pleadings.

    (a) Applicability. Subject to the provisions of Sec. 1.2105 of this 
chapter (Bidding Application and Certification Procedures; Prohibition 
of Collusion), this section applies to applicants and all other parties 
interested in pending applications who wish to resolve contested matters 
among themselves with a formal or an informal agreement or 
understanding. This section applies only when the agreement or 
understanding will result in:
    (1) A major change in the ownership of an applicant to which 
Secs. 26.323 and 26.324 would apply, or
    (2) The individual or mutual withdrawal, amendment or dismissal of 
any pending application, amendment, petitioner or other pleading.
    (b) Parties that have filed an application in the GWCS that is 
mutually exclusive with one or more other applications, and then enter 
into an agreement to resolve the mutual exclusivity by withdrawing or 
requesting dismissal of the application or an amendment thereto, must 
obtain the approval of the FCC. Parties that have filed a petition to 
deny, informal objection or other pleading against a pending 
application, and then seek to withdraw or request dismissal of the 
petition, either unilaterally or in exchange for a financial 
consideration, must obtain the approval of the FCC.
    (1) The party withdrawing or requesting dismissal of its 
application, petition to deny, informal objection or other pleading must 
submit to the FCC a request for approval of the withdrawal or dismissal, 
a copy of any written agreement related to the withdrawal or dismissal, 
and an affidavit setting forth:
    (i) A certification that neither the party nor its principals has 
received or will receive any money or other consideration in excess of 
the legitimate and prudent expenses incurred in prosecuting the 
application, petition to deny, informal objection or other pleading in 
exchange for the withdrawal or dismissal of the application, petition to 
deny, informal objection or other pleading, except that this provision 
does not apply to dismissal or withdrawal of applications pursuant to 
bona fide merger agreements;
    (ii) The exact nature and amount of any consideration received or 
promised;
    (iii) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (iv) The terms of any oral agreement related to the withdrawal or 
dismissal of the application, petition to deny, informal objection or 
other pleading.
    (2) In addition, within 5 days of the filing date of the applicant's 
or petitioner's request for approval, each remaining party to any 
written or oral agreement must submit an affidavit setting forth:
    (i) A certification that neither the applicant nor its principals 
has paid or will pay money or other consideration in excess of the 
legitimate and prudent expenses of the petitioner in exchange for 
withdrawing or dismissing the application, petition to deny, informal 
objection or other pleading; and
    (ii) The terms of any oral agreement relating to the withdrawal or 
dismissal of the application, petition to deny, informal objection or 
other pleading.
    (3) For the purposes of this section:
    (i) Affidavits filed pursuant to this section must be executed by 
the filing party, if an individual, a partner having personal knowledge 
of the facts, if a partnership, or an officer having personal knowledge 
of the facts, if a corporation or association.
    (ii) Applications, petitions to deny, informal objections and other 
pleadings are deemed to be pending before the FCC from the time the 
application or petition to deny is filed with the FCC until such time as 
an order of the FCC granting, denying or dismissing the application, 
petition to deny, informal objection or other pleading is no

[[Page 383]]

longer subject to reconsideration by the FCC or to review by any court.
    (iii) ``Legitimate and prudent expenses'' are those expenses 
reasonably incurred by a party in preparing to file, filing, prosecuting 
and/or settling its application, petition to deny, informal objection or 
other pleading for which reimbursement is sought.
    (iv) ``Other consideration'' consists of financial concessions, 
including, but not limited to, the transfer of assets or the provision 
of tangible pecuniary benefit, as well as non-financial concessions that 
confer any type of benefit on the recipient.
    (v) Reimbursement by an applicant of the legitimate and prudent 
expenses of a potential petitioner or objector, incurred reasonably and 
directly in preparing to file a petition to deny, will not be considered 
to be payment for refraining from filing a petition to deny or an 
informal objection. Payments made directly to a potential petitioner or 
objector, or a person related to a potential petitioner or objector, to 
implement non-financial promises are prohibited unless specifically 
approved by the FCC.



Sec. 26.320  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms or 
relief) and responsive pleadings for Commission consideration must 
comply with Sec. 1.2108 of this chapter and 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 Secs. 1.41 through 1.52 of this 
chapter except where otherwise provided in Sec. 1.2108 of this chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;
    (4) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of any such application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline); and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date of filing thereof with the 
Commission.
    (b) A petition to deny a major amendment to a previously filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying, 
previously filed application. This does not apply to petitioners who 
gain standing because of the major amendment.
    (c) parties who file frivolous petitions to deny may be subject to 
sanctions including monetary forfeitures, license revocation, if they 
are FCC licensees, and may be prohibited from participating in future 
auctions.



Sec. 26.321  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'' to mean interference which would result in 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) Mutually exclusive applications filed on Form 175 for the 
initial provision of GWCS service are subject to competitive bidding in 
accordance with the procedures in subpart F of this part and in part 1, 
subpart Q of this chapter.
    (c) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.

[[Page 384]]



Sec. 26.322  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. See 
also Sec. 1.2108 of this chapter.
    (b) The grant shall be without a formal hearing if, upon 
consideration of the application, any pleadings or 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 a post-auction hearing or to 
comparative consideration pursuant to Sec. 26.321 with another 
application(s);
    (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 qualified under current FCC regulations and 
policies.
    (c) If the Commission should grant without a formal hearing an 
application for an instrument of authorization which is subject to a 
petition to deny filed in accordance with Sec. 26.320, the Commission 
will deny the petition by the issuance of a Memorandum Opinion and Order 
which will concisely report the reasons for the denial and dispose of 
all substantial issues raised by the petition.
    (d) 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 shall inform 
the applicant of the reasons therefor, and the grant shall be considered 
final unless the Commission should revise 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 which:
    (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.
    (e) The Commission will designate an application for a formal 
hearing, specifying with particularly the matters and things in issue, 
if, upon consideration of the application, any pleadings or objections 
filed, or other matters which be officially noticed, the Commission 
determines that:
    (1) A substantial and material question of fact is presented (see 
also Sec. 1.2108 of this chapter);
    (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; or
    (3) The application is entitled to comparative consideration (under 
Sec. 26.321) with another application (or applications).
    (f) The Commission may grant, deny or take other action with respect 
to an application designated for a formal hearing pursuant to paragraph 
(e) of this section or part 1 of this chapter.
    (g) Reconsideration or review of any final action taken by the 
Commission will be in accordance with part 1, subpart A of this chapter.



Sec. 26.323  Post-action divestitures.

    Any parties sharing a common non-controlling ownership interests who 
aggregate more GWCS spectrum among them than a single entity is entitled 
to hold will be permitted to divest sufficient properties within 90 days 
of the license grant to come into compliance with the spectrum 
aggregation limits as follows:
    (a) The GWCS applicant shall submit a signed statement with its 
long-form application stating that sufficient properties will be 
divested within 90 days of the license grant. If the licensee is 
otherwise qualified, the Commission will grant the applications subject 
to a condition that the licensee come into compliance with the GWCS

[[Page 385]]

spectrum aggregation limits within 90 days of grant.
    (b) Within 90 days of license grant, the licensee must certify that 
the applicant and all parties to the application have come into 
compliance with the GWCS spectrum aggregation limits. If the licensee 
fails to submit the certification within 90 days, the Commission will 
immediately cancel all broadband GWCS licenses won by the applicant, 
impose the default payment and, based on the facts presented, take any 
other action it deems appropriate. Divestiture may be an interim trustee 
if a buyer has not been secured in the required time frame, as long as 
the applicant has no interest in or control of the trustee, and the 
trustee may dispose of the property as it sees fit. In no event may the 
trustee retain the property for longer than six months from grant of 
license.



Sec. 26.324  Transfer of control or assignment of station authorization.

    (a) Authorizations shall be transferred or assigned to another 
party, voluntarily (for example, by contract) or involuntarily (for 
example, by death, bankruptcy, or legal disability), directly or 
indirectly or by transfer of control of any corporation holding such 
authorization, only upon application and approval by the Commission. A 
transfer of control or assignment of station authorization in the 
General Wireless Communications Service is also subject to Sec. 1.2111 
of this chapter (Assignment or transfer of control: unjust enrichment).
    (1) A change from less than 50% ownership to 50% or more ownership 
shall always be considered a transfer of control.
    (2) In other situations a controlling interest shall be determined 
on a case-by-case basis considering the distribution of ownership, and 
the relationships of the owners, including family relationships.
    (b) Form required:
    (1) Assignment.
    (i) FCC Form 490 shall be filed to assign a license or permit.
    (ii) In the case of involuntary assignment, FCC Form 490 shall be 
filed within 30 days of the event causing the assignment.
    (2) Transfer of control.
    (i) FCC Form 490 shall be submitted in order to transfer control of 
a corporation holding a license or permit.
    (ii) In the case of involuntary transfer of control, FCC Form 490 
shall be filed within 30 days of the event causing the transfer.
    (3) Form 430. Whenever an application must be filed under paragraphs 
(a)(1) or (a)(2) of this section, the assignee or transferee shall file 
FCC Form 430 (``Common Carrier Radio License Qualification Report'') 
unless an accurate report is on file with the Commission.
    (4) Notification of completion. The Commission shall be notified by 
letter of the date of completion of the assignment or transfer of 
control.
    (5) If the transfer of control of a license is approved, the new 
licensee is held to the original build-out requirement of Sec. 26.104.
    (c) In acting upon applications for transfer of control or 
assignment, the Commission will not consider whether the public 
interest, convenience, and necessity might be served by the transfer or 
assignment of the authorization to a person other than the proposed 
transferee or assignee.
    (d) Applicants seeking to transfer their licenses within three years 
after the initial license grant date are required to file, together with 
their transfer application, the associated contracts for sale, option 
agreements, management agreements, and all other documents disclosing 
the total consideration to be received in return for the transfer of the 
license.



Sec. 26.325  Extension of time to complete construction.

    (a) If construction is not completed within the time period set 
forth in Sec. 26.104, the authorization will automatically expire. 
Before the period for construction expires an application for an 
extension of time to complete construction (FCC Form 489) may be filed. 
See paragraph (b) of this section. Within 30 days after the 
authorization expires an application for reinstatement may be filed on 
FCC Form 489.
    (b) An application for extension of time to complete construction 
may be made on FCC Form 489. Extension of

[[Page 386]]

time requests must be filed prior to the expiration of the construction 
period. Extensions will be granted only if the licensee shows that the 
failure to complete construction is due to causes beyond his control. An 
application for modification of an authorization (under construction) 
does not extend the initial construction period. If additional time to 
construct is required, an FCC Form 489 must be submitted.



Sec. 26.326  Termination of authorization.

    (a)(1) All authorizations shall terminate on the date specified on 
the authorization or on the date specified by these rules, unless a 
timely application for renewal has been filed.
    (2) If no application for renewal has been made before the 
authorization's expiration date, a late application for renewal will 
only be considered if it is filed within 30 days of the expiration date 
and shows that the failure to file a timely application was due to 
causes beyond the applicant's control. During this 30 day period 
reinstatement applications must be filed on FCC Form 489. Service to 
subscribers need not be suspended while a late filed renewal application 
is pending, but such service shall be without prejudice to Commission 
action on the renewal application and any related sanctions. See also 
Sec. 26.14 (Criteria for Comparative Renewal Proceedings).
    (b) Special Temporary Authority. A special temporary authorization 
shall automatically terminate upon failure to comply with the conditions 
in the authorization.



PART 27--WIRELESS COMMUNICATIONS SERVICE--Table of Contents






                     Subpart A--General Information

Sec.
27.1  Basis and purpose.
27.2  Permissible communications.
27.3  Other applicable rule parts.
27.4  Terms and definitions.
27.5  Frequencies.
27.6  Service areas.

                  Subpart B--Applications and Licenses

27.11  Initial authorization.
27.12  Eligibility.
27.13  License period.
27.14  Construction requirements; Criteria for comparative renewal 
          proceedings.
27.15  Geographic partitioning and spectrum disaggregation.

                     Subpart C--Technical Standards

27.50  Power limits.
27.51  Equipment authorization.
27.52  RF safety.
27.53  Emission limits.
27.54  Frequency stability.
27.55  Field strength limits.
27.56  Antenna structures; air navigation safety.
27.57  International coordination.
27.58  Interference to MDS/ITFS receivers.
27.59  Environmental requirements.
27.61  Quiet zones.
27.62  Notification to the Arecibo Observatory.
27.63  Disturbance of AM broadcast station antenna patterns.
27.64  Protection from interference.

            Subpart D--Competitive Bidding Procedures for WCS

27.201  WCS subject to competitive bidding.
27.202  Competitive bidding mechanisms.
27.203  Withdrawal, default and disqualification payments.
27.204  Bidding application and certification procedures; prohibition of 
          collusion.
27.205  Submission of upfront payments.
27.206  Submission of down payment and filing of long-form applications.
27.207  Procedures for filing petitions to deny against WCS long-form 
          applications.
27.208  License grant, denial, default, and disqualification.
27.209  Designated entities; bidding credits; unjust enrichment.
27.210  Definitions.

     Subpart E--Application, Licensing, and Processing Rules for WCS

27.301  Authorization required.
27.302  Eligibility.
27.303  Formal and informal applications.
27.304  Filing of WCS applications, fees, and numbers of copies.
27.305  [Reserved]
27.306  Miscellaneous forms.
27.307  General application requirements.
27.308  Technical content of applications.
27.310  Waiver of rules.
27.311  Defective applications.
27.312  Inconsistent or conflicting applications.
27.313  Amendment of applications for Wireless Communications Service 
          (other than applications filed on FCC Form 175).
27.314  Application for temporary authorizations.

[[Page 387]]

27.315  Receipt of application; applications in the Wireless 
          Communications Service filed on FCC Form 175 and other 
          applications in the WCS Service.
27.316  Public notice period.
27.317  Dismissal and return of applications.
27.319  Ownership changes and agreements to amend or to dismiss 
          applications or pleadings.
27.320  Opposition to applications.
27.321  Mutually exclusive applications.
27.322  Consideration of applications.
27.323  [Reserved]
27.324  Transfer of control or assignment of station authorization.
27.325  Termination of authorization.

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332, unless 
otherwise noted.

    Source: 62 FR 9658, Mar. 3, 1997, unless otherwise noted.



                     Subpart A--General Information



Sec. 27.1  Basis and purpose.

    This section contains the statutory basis for this part of the rules 
and provides the purpose for which this part is issued.
    (a) Basis. The rules for the Wireless Communications Service (WCS) 
in this part are promulgated under the provisions of the Communications 
Act of 1934, as amended, that vest authority in the Federal 
Communications Commission to regulate radio transmission and to issue 
licenses for radio stations.
    (b) Purpose. This part states the conditions under which the 2305-
2320 MHz and 2345-2360 MHz bands are made available and licensed for the 
provision of WCS.
    (c) Scope. The rules in this part apply only to stations authorized 
under this part.



Sec. 27.2  Permissible communications.

    Subject to the rules contained herein, fixed, mobile and 
radiolocation services may be provided using the 2305-2320 and 2345-2360 
MHz bands. In addition, satellite digital audio radio service (DARS) may 
be provided using the 2310-2320 and 2345-2360 MHz bands. Satellite DARS 
service shall be provided in manner consistent with part 25 of this 
chapter.



Sec. 27.3  Other applicable rule parts.

    Other FCC rule parts applicable to the Wireless Communications 
Service include the following:
    (a) Part 0. This part describes the Commission's organization and 
delegations of authority. Part 0 of this chapter also lists available 
Commission publications, standards and procedures for access to 
Commission records, and location of Commission Field Offices.
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; competitive 
bidding procedures; and the environmental requirements that, if 
applicable, must be complied with prior to the initiation of 
construction.
    (c) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contains standards and 
procedures concerning the marketing and importation of radio frequency 
devices, and for obtaining equipment authorization.
    (d) Part 5. This part contains rules prescribing the manner in which 
parts of the radio frequency spectrum may be made available for 
experimentation.
    (e) Part 17. This part contains requirements for construction, 
marking and lighting of antenna towers.
    (f) Part 25. This part contains the requirements for satellite 
communications, including satellite DARS.
    (g) Part 51. This part contains general duties of telecommunications 
carriers to provide for interconnection with other telecommunications 
carriers.
    (h) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.



Sec. 27.4  Terms and definitions.

    Assigned frequency. The center 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.

[[Page 388]]

    Average terrain. The average elevation of terrain between 3 and 16 
kilometers from the antenna site.
    Base station. A land station in the land mobile service.
    Effective Radiated Power (ERP) (in a given direction). The product 
of the power supplied to the antenna and its gain relative to a half-
wave 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.
    Fixed service. A radio communication service between specified fixed 
points.
    Fixed station. A station in the fixed service.
    Land mobile service. A mobile service between base stations and land 
mobile stations, or between land mobile stations.
    Land mobile station. A mobile station in the land mobile service 
capable of surface movement within the geographic limits of a country or 
continent.
    Land station. A station in the mobile service not intended to be 
used while in motion.
    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.
    National Geodetic Reference System (NGRS). The name given to all 
geodetic control data contained in the National Geodetic Survey (NGS) 
data base. (Source: National Geodetic Survey, U.S. Department of 
Commerce)
    Portable device. Transmitters designed to be used within 20 
centimeters of the body of the user.
    Radiodetermination. The determination of the position, velocity and/
or other characteristics of an object, or the obtaining of information 
relating to these parameters, by means of the propagation properties of 
radio waves.
    Radiolocation. Radiodetermination used for purposes other than those 
of radionavigation.
    Radiolocation land station. A station in the radiolocation service 
not intended to be used while in motion.
    Radiolocation mobile station. A station intended to be used while in 
motion or during halts at unspecified points.
    Radionavigation. Radiodetermination used for the purpose of 
navigation, including obstruction warning.
    Satellite Digital Audio Radio Service (satellite DARS). A 
radiocommunication service in which compact disc quality programming is 
digitally transmitted by one or more space stations.
    Time division multiple access (TDMA). A multiple access technique 
whereby users share a transmission medium by being assigned and using 
(one-at-a-time) for a limited number of time division mulitplexed 
channels; implies that several transmitters use one channel for sending 
several bit streams.
    Time division multiplexing (TDM). A multiplexing technique whereby 
two or more channels are derived from a transmission medium by dividing 
access to the medium into sequential intervals. Each channel has access 
to the entire bandwidth of the medium during its interval. This implies 
that one transmitter uses one channel to send several bit streams of 
information.
    Wireless communications service. A radiocommunication service that 
encompasses fixed, mobile, satellite DARS, and radiolocation services.

[62 FR 9658, Mar. 3, 1997, as amended at 62 FR 16497, Apr. 7, 1997]



Sec. 27.5  Frequencies.

    The following frequencies are available for WCS.
    (a) Two paired channel blocks are available for assignment on a 
Major Economic Area basis as follows:

Block A: 2305-2310 and 2350-2355 MHz; and
Block B: 2310-2315 and 2355-2360 MHz.

    (b) Two unpaired channel blocks are available for assignment on a 
Regional Economic Area Grouping basis as follows:

Block C: 2315-2320 MHz; and
Block D: 2345-2350 MHz.



Sec. 27.6  Service areas.

    WCS service areas are Major Economic Areas (MEAs) and Regional 
Economic Area Groupings (REAGs) as defined below. Both MEAs and REAGs 
are based on the U.S. Department of Commerce's 172 Economic Areas (EAs).

[[Page 389]]

See 60 FR 13114 (March 10, 1995). In addition, the Commission shall 
separately license Guam and the Northern Mariana Islands, Puerto Rico 
and the United States Virgin Islands, American Samoa, and the Gulf of 
Mexico, which have been assigned Commission-created EA numbers 173-176, 
respectively. Maps of the EAs, MEAs, and REAGs and the Federal Register 
Notice that established the 172 EAs are available for public inspection 
and copying at the Commercial Wireless Division Public Reference Room, 
room 5608, 2025 M Street, NW, Washington, DC.
    (a) The 52 MEAs are composed of one or more EAs and the 12 REAGs are 
composed of one or more MEAs, as defined in the table below:

------------------------------------------------------------------------
            REAGs                     MEAs                   EAs
------------------------------------------------------------------------
1 (Northeast)...............  1 (Boston)..........  1-3.
                              2 (New York City)...  4-7, 10.
                              3 (Buffalo).........  8.
                              4 (Philadelphia)....  11-12.
2 (Southeast)...............  5 (Washington)......  13-14.
                              6 (Richmond)........  15-17, 20.
                              7 (Charlotte-         18-19, 21-26, 41-42,
                               Greensboro-           46.
                               Greenville-Raleigh).
                              8 (Atlanta).........  27-28, 37-40, 43.
                              9 (Jacksonville)....  29, 35.
                              10 (Tampa-St.         30, 33-34.
                               Petersburg-Orlando).
                              11 (Miami)..........  31-32.
3 (Great Lakes).............  12 (Pittsburgh).....  9, 52-53.
                              13 (Cincinnati-       48-50.
                               Dayton).
                              14 (Columbus).......  51.
                              15 (Cleveland)......  54-55.
                              16 (Detroit)........  56-58, 61-62.
                              17 (Milwaukee)......  59-60, 63, 104-105,
                                                     108.
                              18 (Chicago)........  64-66, 68, 97, 101.
                              19 (Indianapolis)...  67.
                              20 (Minneapolis-St.   106-107, 109-114,
                               Paul).                116.
                              21 (Des Moines-Quad   100, 102-103, 117.
                               Cities).
4 (Mississippi Valley)......  22 (Knoxville)......  44-45.
                              23 (Louisville-       47, 69-70, 72.
                               Lexington-
                               Evansville).
                              24 (Birmingham).....  36, 74, 78-79.
                              25 (Nashville)......  71.
                              26 (Memphis-Jackson)  73, 75-77.
                              27 (New Orleans-      80-85.
                               Baton Rouge).
                              28 (Little Rock)....  90-92, 95.
                              29 (Kansas City)....  93, 99, 123.
                              30 (St. Louis)......  94, 96, 98.
5 (Central).................  31 (Houston)........  86-87, 131.
                              32 (Dallas-Fort       88-89, 127-130, 135,
                               Worth).               137-138.
                              33 (Denver).........  115, 140-143.
                              34 (Omaha)..........  118-121.
                              35 (Wichita)........  122.
                              36 (Tulsa)..........  124.
                              37 (Oklahoma City)..  125-126.
                              38 (San Antonio)....  132-134.
                              39 (El Paso-          136, 139, 155-157.
                               Albuquerque).
                              40 (Phoenix)........  154, 158-159.
6 (West)....................  41 (Spokane-          144-147, 168.
                               Billings).
                              42 (Salt Lake City).  148-150, 152.
                              43 (San Francisco-    151, 162-165.
                               Oakland-San Jose).
                              44 (Los Angeles-San   153, 160-161.
                               Diego).
                              45 (Portland).......  166-167.
                              46 (Seattle)........  169-170.
7 (Alaska)..................  47 (Alaska).........  171.
8 (Hawaii)..................  48 (Hawaii).........  172.
9 (Guam and the Northern      49 (Guam and the      173.
 Mariana Islands).             Northern Mariana
                               Islands).
10 (Puerto Rico and U.S.      50 (Puerto Rico and   174.
 Virgin Islands).              U.S. Virgin
                               Islands).
11 (American Samoa).........  51 (American Samoa).  175.
12 (Gulf of Mexico).........  52 (Gulf of Mexico).  176.
------------------------------------------------------------------------


[[Page 390]]

    (b) The Gulf of Mexico EA extends from 12 nautical miles off the 
U.S. Gulf coast outward into the Gulf.



                  Subpart B--Applications and Licenses



Sec. 27.11  Initial authorization.

    (a) An applicant must file an application for an initial WCS 
authorization in each market and channel block desired. Applicants are 
permitted to list all markets and channel blocks in a single application 
where all requisite exhibits and justifications are identical.
    (b) The initial WCS authorizations shall be granted for 10 megahertz 
of spectrum in accordance with Sec. 27.5. Authorizations for Blocks A 
and B will be based on Major Economic Areas (MEAs), as shown in 
Sec. 27.6. Authorizations for Blocks C and D will be based on Regional 
Economic Area Groupings (REAGs), as shown in Sec. 27.6. Applications for 
individual sites are not required and will not be accepted, except where 
required for environmental assessments, in accordance with Sec. 27.63.



Sec. 27.12  Eligibility.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. section 310, is 
eligible to hold a license under this part.



Sec. 27.13  License period.

    Initial WCS authorizations will have a term not to exceed ten years 
from the date of original issuance or renewal.



Sec. 27.14  Construction requirements; Criteria for comparative renewal proceedings.

    (a) WCS licensees must make a showing of ``substantial service'' in 
their license area within ten years of being licensed. ``Substantial'' 
service is defined as service which is sound, favorable, and 
substantially above a level of mediocre service which just might 
minimally warrant renewal. Failure by any licensee to meet this 
requirement will result in forfeiture of the license and the licensee 
will be ineligible to regain it.
    (b) A renewal applicant involved in a comparative renewal proceeding 
shall receive a preference, commonly referred to as a renewal 
expectancy, which is the most important comparative factor to be 
considered in the proceeding, if its past record for the relevant 
license period demonstrates that:
    (1) The renewal applicant has provided ``substantial'' service 
during its past license term; and
    (2) The renewal applicant has substantially complied with applicable 
FCC rules, policies and the Communications Act of 1934, as amended.
    (c) In order to establish its right to a renewal expectancy, a WCS 
renewal applicant involved in a comparative renewal proceeding must 
submit a showing explaining why it should receive a renewal expectancy. 
At a minimum, this showing must include:
    (1) A description of its current service in terms of geographic 
coverage and population served;
    (2) An explanation of its record of expansion, including a timetable 
of new construction to meet changes in demand for service;
    (3) A description of its investments in its WCS system; and
    (4) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or policy; and a list of any 
pending proceedings that relate to any matter described in this 
paragraph.
    (d) In making its showing of entitlement to a renewal expectancy, a 
renewal applicant may claim credit for any system modification 
applications that were pending on the date it filed its renewal 
application. Such credit will not be allowed if the modification 
application is dismissed or denied.



Sec. 27.15  Geographic partitioning and spectrum disaggregation.

    (a) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request from the Commission an authorization for 
partial assignment of a license pursuant to section 27.324.
    (2) WCS licensees may apply to partition their licensed geographic 
service area or disaggregate their licensed spectrum at any time 
following the grant of their licenses.

[[Page 391]]

    (b) Technical Standards--(1) Partitioning. In the case of 
partitioning, requests for authorization for partial assignment of a 
license must include, as attachments, a description of the partitioned 
service area and a calculation of the population of the partitioned 
service area and the licensed geographic service area. The partitioned 
service area shall be defined by coordinate points at every 3 degrees 
along the partitioned service area unless an FCC recognized service area 
is utilized (i.e., Major Trading Area, Basic Trading Area, Metropolitan 
Service Area, Rural Service Area, Economic Area, or Major Economic Area) 
or county lines are followed. The geographic coordinates must be 
specified in degrees, minutes, and seconds to the nearest second of 
latitude and longitude and must be based upon the 1927 North American 
Datum (NAD27). Applicants may supply geographical coordinates based on 
1983 North American Datum (NAD83) in addition to those required (NAD27). 
In the case where an FCC recognized service area or county lines are 
utilized, applicants need only list the specific area(s) (through use of 
FCC designations or county names) that constitute the partitioned area.
    (2) Disaggregation. Spectrum may be disaggregated in any amount.
    (3) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignment of licenses that propose 
combinations of partitioning and disaggregation.
    (4) Signal levels. For purposes of partitioning and disaggregation, 
WCS systems must be designed so as not to exceed a signal level of 47 
dByV/m at the licensee's service area boundary, unless the affected 
adjacent service area licensees have agreed to a different signal level. 
See section 27.55.
    (c) Unjust Enrichment.--(1) Bidding credits. Licensees that received 
a bidding credit and partition their licenses or disaggregate their 
spectrum to entities not meeting the eligibility standards for such a 
bidding credit, will be subject to the provisions concerning unjust 
enrichment as set forth in section 27.209(c).
    (2) Apportioning unjust enrichment payments. Unjust enrichment 
payments for partitioned license areas shall be calculated based upon 
the ratio of the population of the partitioned license area to the 
overall population of the license area and by utilizing the most recent 
census data. Unjust enrichment payments for disaggregated spectrum shall 
be calculated based upon the ratio of the amount of spectrum 
disaggregated to the amount of spectrum held by the licensee.
    (d) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term as provided for in Sec. 27.13.



                     Subpart C--Technical Standards



Sec. 27.50  Power limits.

    (a) Fixed, land, and radiolocation land stations transmitting in the 
2305-2320 MHz and 2345-2360 MHz bands are limited to 2000 watts peak 
equivalent isotropically radiated power (EIRP).
    (b) Mobile and radiolocation mobile stations transmitting in the 
2305-2320 MHz and 2345-2360 MHz bands are limited to 20 watts EIRP peak 
power.
    (c) Peak transmit power shall be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, etc., so as to obtain a true peak measurement for 
the emission in question over the full bandwidth of the channel.

[62 FR 16497, Apr. 7, 1997]



Sec. 27.51  Equipment authorization.

    (a) Each transmitter utilized for operation under this part and each 
transmitter marketed, as set forth in Sec. 2.803 of this chapter, must 
be of a type that has been authorized by the Commission under its type 
acceptance procedure.
    (b) The Commission periodically publishes a list of type accepted 
equipment, entitled ``Radio Equipment List, Equipment Accepted for 
Licensing.'' Copies of this list are available for public reference at 
the Commission's offices in Washington, DC, at each of its

[[Page 392]]

field offices, and may be ordered from its copy contractor.
    (c) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter. Such equipment if approved or accepted 
will not normally be included in the Commission's Radio Equipment List 
but will be individually enumerated on the station authorization.



Sec. 27.52  RF safety.

    Licensees and manufacturers are subject to the radio frequency 
radiation exposure requirements specified in sections 1.1307(b), 2.1091, 
and 2.1093 of this chapter, as appropriate. Applications for equipment 
authorization of mobile or portable devices operating under this section 
must contain a statement confirming compliance with these requirements 
for both fundamental emissions and unwanted emissions. Technical 
information showing the basis for this statement must be submitted to 
the Commission upon request.



Sec. 27.53  Emission limits.

    (a) The power of any emission outside the licensee's frequency 
band(s) of operation shall be attenuated below the transmitter power (p) 
within the licensed band(s) of operation, measured in watts, by the 
following amounts:
    (1) For fixed, land, and radiolocation land stations: By a factor 
not less than 80 + 10 log (p) dB on all frequencies between 2320 and 
2345 MHz;
    (2) For mobile and radiolocation mobile stations: By a factor not 
less than 110 + 10 log (p) dB on all frequencies between 2320 and 2345 
MHz;
    (3) For fixed, land, mobile, radiolocation land and radiolocation 
mobile stations: By a factor not less than 70 + 10 log (p) dB on all 
frequencies below 2300 MHz and on all frequencies above 2370 MHz; and 
not less than 43 + 10 log (p) dB on all frequencies between 2300 and 
2320 MHz and on all frequencies between 2345 and 2370 MHz that are 
outside the licensed bands of operation;
    (4) Compliance with these provisions is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 MHz or 
less, but at least one percent of the emission bandwidth of the 
fundamental emission of the transmitter, provided the measured energy is 
integrated over a 1 MHz bandwidth;
    (5) In complying with the requirements in Sec. 27.53(a)(1) and 
Sec. 27.53(a)(2), WCS equipment that uses opposite sense circular 
polarization from that used by Satellite DARS systems in the 2320-2345 
MHz band shall be permitted an allowance of 10 dB;
    (6) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the edges, both upper and lower, 
of the licensee's bands of operation as the design permits;
    (7) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power;
    (8) Waiver requests of any of the out-of-band emission limits in 
paragraphs (a)(1) through (a)(7) of this section shall be entertained 
only if interference protection equivalent to that afforded by the 
limits is shown;
    (9) In the 2305-2315 MHz band, if portable devices comply with all 
of the following requirements, then paragraph (a)(2) of this section 
shall not apply to portable devices, which instead shall attenuate all 
emissions into the 2320-2345 MHz band by a factor of not less than 93 + 
10 log (p) dB:
    (i) The portable device has a duty cycle of 12.5% or less, with at 
most a 312.5 microsecond pulse every 2.5 milliseconds;
    (ii) The portable device must employ time division multiple access 
(TDMA) technology;
    (iii) The nominal peak transmit output power of the portable device 
is no more than 200 milliwatts (25 milliwatts average power);
    (iv) The portable device operates with the minimum power necessary 
for successful communications;
    (v) The nominal average base station transmit output power is no 
more than 800 milliwatts when the base station antennas is located at a 
height of at

[[Page 393]]

least 8 meters (26.25 feet) above the ground;
    (vi) Only fixed and portable devices and services may be provided: 
vehicle-mounted units are not permitted; and
    (vii) Transmitting antennas shall employ linear polarization or 
another polarization that provides equivalent of better discrimination 
with respect to a DARS antenna;
    (10) The out-of-band emissions limits in paragraphs (a)(1) through 
(a)(9) of this section may be modified by the private contractual 
agreement of all affected licensees, who shall maintain a copy of the 
agreement in their station files and disclose it to prospective 
assignees or transferees and, upon request, to the Commission.
    (b) For WCS Satellite DARS operations: The limits set forth in 
Sec. 25.202(f) of this chapter shall apply, except that Satellite DARS 
operations shall be limited to a maximum power flux density of -197 dBW/
m2/4 kHz in the 2370-2390 MHz band at Arecibo, Puerto Rico.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.

[62 FR 16497, Apr. 7, 1997]



Sec. 27.54  Frequency stability.

    The frequency stability shall be sufficient to ensure that the 
fundamental emissions stay within the authorized bands of operation.



Sec. 27.55  Field strength limits.

    The predicted or measured median field strength at any location on 
the border of a WCS service area shall not exceed 47 dBV/m 
unless the parties agree to a different field strength. This value 
applies to both the initially offered MEA and REAG service areas and to 
partitioned service areas.



Sec. 27.56  Antenna structures; air navigation safety.

    A licensee that owns its antenna structure(s) must not allow such 
antenna structure(s) to become a hazard to air navigation. In general, 
antenna structure owners are responsible for registering antenna 
structures with the FCC if required by part 17 of this chapter, and for 
installing and maintaining any required marking and lighting. However, 
in the event of default of this responsibility by an antenna structure 
owner, the FCC permittee or licensee authorized to use an affected 
antenna structure will be held responsible by the FCC for ensuring that 
the antenna structure continues to meet the requirements of part 17 of 
this chapter. See Sec. 17.6 of this chapter.
    (a) Marking and lighting. Antenna structures must be marked, lighted 
and maintained in accordance with part 17 of this chapter and all 
applicable rules and requirements of the Federal Aviation 
Administration. For any construction or alteration that would exceed the 
requirements of section 17.7 of this chapter, licensees must notify the 
appropriate Regional Office of the Federal Aviation Administration (FAA 
Form 7460-1) and file a request for antenna height clearance and 
obstruction marking and lighting specifications (FCC Form 854) with the 
FCC, WTB, 1270 Fairfield Road, Gettysburg, PA 17325.
    (b) Maintenance contracts. Antenna structure owners (or licensees 
and permittees, in the event of default by an antenna structure owner) 
may enter into contracts with other entities to monitor and carry out 
necessary maintenance of antenna structures. Antenna structure owners 
(or licensees and permittees, in the event of default by an antenna 
structure owner) that make such contractual arrangements continue to be 
responsible for the maintenance of antenna structures in regard to air 
navigation safety.



Sec. 27.57  International coordination.

    WCS operations in the border areas shall be subject to coordination 
with those countries and provide protection to non-U.S. operations in 
the 2305-2320 and 2345-2360 MHz bands as appropriate. In addition, 
satellite DARS operations in WCS spectrum shall be subject to 
international satellite coordination procedures.



Sec. 27.58  Interference to MDS/ITFS receivers.

    (a) WCS licensees shall bear full financial obligation to remedy 
interference to MDS/ITFS block

[[Page 394]]

downconverters if all of the following conditions are met:
    (1) The complaint is received by the WCS licensee prior to February 
20, 2002;
    (2) The MDS.ITFS downconverter was installed prior to August 20, 
1998;
    (3) The WCS fixed or land station transmits at 50 or more watts peak 
EIRP;
    (4) The MDS/ITFS downconverter is located within a WCS transmitter's 
free space power flux density contour of -34 dBW/m2; and
    (5) The MDS/ITFS customer or licensee has informed the WCS licensee 
of the interference within one year from the initial operation of the 
WCS transmitter or within one year from any subsequent power increases 
at the WCS station.
    (b) Resolution of the complaint shall be at no cost to the 
complainant.
    (c) Two or more WCS licensees collocating their antennas on the same 
tower shall assume shared responsibility for remedying interference 
complaints within the area determined by paragraph (a)(4) of this 
section unless an offending station can be readily determined and then 
that station shall assume full financial responsibility.
    (d) If the WCS licensee cannot otherwise eliminate interference 
caused to MDS/ITFS reception, then that licensee must cease operations 
from the offending WCS facility.
    (e) At least 30 days prior to commencing operations from any new WCS 
transmission site or with increased power from any existing WCS 
transmission site, a WCS licensee shall notify all MDS/ITFS licensees in 
or through whose licensed service area they intend to operate of the 
technical parameters of the WCS transmission facility. WCS and MDS/ITFS 
licensees are expected to coordinate voluntarily and in good faith to 
avoid interference problems and to allow the greates operational 
flexibility in each other's operations.

[62 FR 16498, Apr. 7, 1997]



Sec. 27.59  Environmental requirements.

    WCS operations that may have a significant environmental impact as 
defined by Secs. 1.1301 through 1.1319 of this chapter, must file an FCC 
Form 600 and supply specific technical information about their proposed 
site prior to construction of such site as well as an environmental 
assessment (EA) in accordance with Secs. 1.1301 through 1.1319 of this 
chapter. Such application will be placed on public notice in accordance 
with Sec. 27.316 and may not be constructed or operated prior to a 
finding of no significant impact (FONSI) being issued and placed on 
public notice by the FCC.



Sec. 27.61  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 interference. 
The areas involved and procedures required are as follows:
    (a) NRAO, NRRO. The requirements of this paragraph are intended to 
minimize possible interference at the National Radio Astronomy 
Observatory site located at Green Bank, Pocahontas County, West 
Virginia, and at the Naval Radio Research Observatory site at Sugar 
Grove, Pendleton County, West Virginia. WCS licensees planning to 
construct and operate a new or modified WCS station at a permanent fixed 
location within the area bounded by N.39 deg.15' on the north, 
W.78 deg.30' on the east, N.37 deg.30' on the south, and W.80 deg.30' on 
the west must notify the Director, National Radio Astronomy Observatory, 
Post Office Box No. 2, Green Bank, WV 24944, in writing, of the 
technical details of the proposed operation. The notification must 
include the geographical coordinates of the antenna location, the 
antenna height, antenna directivity (if any), the channel, the emission 
type and power.
    (b) Table Mountain. The requirements of this paragraph are intended 
to minimize possible interference at the Table Mountain Radio Receiving 
Zone of the Research Laboratories of the U.S. Department of Commerce 
located in Boulder County, Colorado.
    (1) WCS licensees planning to construct and operate a new or 
modified WCS station at a permanent fixed location in the vicinity of 
Boulder County, Colorado are advised to give consideration, prior to 
filing applications, to the need to protect the Table Mountain

[[Page 395]]

Radio Receiving Zone from interference. To prevent degradation of the 
present ambient radio signal level at the site, the U.S. 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 deg.07'50'' North Latitude, 
105 deg.14'40'' West Longitude) resulting from new assignments (other 
than mobile stations) or from the modification or relocation of existing 
facilities do not exceed the values given in Table C-3.

          Table C-3.--Field Strength Limits for Table Mountain
------------------------------------------------------------------------
         Frequency range            Field strength    Power flux density
------------------------------------------------------------------------
890 to 3000 MHz.................  1 mV/m............  -85.8 dBW/m \2\
------------------------------------------------------------------------
Note: Equivalent values of power flux density are calculated assuming
  free space characteristic impedance of 376.7 (120). (120).

    (2) Advance consultation is recommended, particularly for WCS 
licensees that have no reliable data to indicate whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities. In general, coordination is 
recommended for:
    (i) Stations located within 2.4 kilometers (1.5 miles);
    (ii) Stations located within 4.8 kilometers (3 miles) transmitting 
with 50 watts or more effective radiated power (ERP) in the primary 
plane of polarization in the azimuthal direction of the Table Mountain 
Radio Receiving Zone;
    (iii) Stations located within 16 kilometers (10 miles) transmitting 
with 1 kW or more ERP in the primary plane of polarization in the 
azimuthal direction of Table Mountain Radio Receiving Zone;
    (iv) Stations located within 80 kilometers (50 miles) transmitting 
with 25 kW or more ERP in the primary plane of polarization in the 
azimuthal direction of Table Mountain Receiving Zone.
    (3) WCS licensees are urged to communicate with the Radio Frequency 
Management Coordinator, U.S. Department of Commerce, Research Support 
Services NOAAR/E5X2, Boulder Laboratories, Boulder, CO 80303; telephone 
(303) 497-6548, in advance of construction and operation of such 
facilities.
    (c) Federal Communications Commission protected field offices. The 
requirements of this paragraph are intended to minimize possible 
interference to FCC monitoring activities.
    (1) WCS licensees planning to construct and operate a new or 
modified WCS station at a permanent fixed location in the vicinity of an 
FCC protected field office are advised to give consideration to the need 
to avoid interfering with the monitoring activities of that office. FCC 
protected field offices are listed in Sec. 0.121 of this chapter.
    (2) Applications for stations (except mobile stations) that could 
produce on any channel a direct wave fundamental field strength of 
greater than 10 mV/m (-65.8 dBW/m \2\ power flux density assuming a free 
space characteristic impedance of 120) in the 
authorized bandwidth at the protected field office must be examined by 
WCS licensees to determine the potential for interference with 
monitoring activities.
    (3) In the event that the calculated field strength exceeds 10 mV/m 
at the protected field office site, or if there is any question whether 
field strength levels might exceed that level, advance consultation with 
the FCC to discuss possible measures to avoid interference to monitoring 
activities should be considered. WCS licensees may communicate with: 
Chief, Compliance and Information Bureau, Federal Communications 
Commission, Washington, DC 20554.
    (4) Advance consultation is recommended for WCS licensees that have 
no reliable data to indicate whether the field strength or power flux 
density figure indicated would be exceeded by their proposed radio 
facilities. In general, coordination is recommended for:
    (i) Stations located within 2.4 kilometers (1.5 miles);
    (ii) Stations located within 4.8 kilometers (3 miles) with 50 watts 
or more average effective radiated power (ERP) in the primary plane of 
polarization in the azimuthal direction of the protected field offices.

[[Page 396]]

    (iii) Stations located within 16 kilometers (10 miles) with 1 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the protected field office;
    (iv) Stations located within 80 kilometers (50 miles) with 25 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the protected field office;
    (5) Advance coordination for stations transmitting on channels above 
1000 MHz is recommended only if the proposed station is in the vicinity 
of a protected field office designated as a satellite monitoring 
facility in Sec. 0.121 of this chapter.
    (6) The FCC will not screen applications to determine whether 
advance consultation has taken place. However, such consultation may 
serve to avoid the need for later modification of the authorizations of 
stations that interfere with monitoring activities at protected field 
offices.



Sec. 27.62  Notification to the Arecibo Observatory.

    (a) The requirements in this section are intended to minimize 
possible interference at the Arecibo Observatory in Puerto Rico. 
Licensees must make reasonable efforts to protect the Observatory from 
interference. Licensees planning to construct and operate a new station 
at a permanent fixed location on the islands of Puerto Rico, Desecheo, 
Mona, Vieques or Culebra in services in which individual station 
licenses are issued by the FCC; planning to construct and operate a new 
station at a permanent fixed location on these islands that may cause 
interference to the operations of the Arecibo Observatory in services in 
which individual station licenses are not issued by the FCC; or planning 
a modification of any existing station at a permanent fixed location on 
these islands that would increase the likelihood of causing interference 
to the operations of the Arecibo Observatory must notify the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically (e-mail address: 
[email protected]), of the technical parameters of the planned operation. 
Carriers may wish to use the interference guidelines provided by Cornell 
University as guidance in designing facilities to avoid interference to 
the Observatory. The notification must include identification of the 
geographical coordinates of the antenna location (NAD-83 datum), the 
antenna height, antenna directivity (if any), proposed channel and FCC 
rule part, type of emission, and effective isotropic radiated power.
    (b) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (a) of this section 
should be sent at the same time the application is filed with the FCC, 
and at least 20 days in advance of the applicant's planned operation. 
The application must state the date that notification in accordance with 
paragraph (a) was made. In services in which individual station licenses 
are not issued by the FCC, the notification required in paragraph (a) of 
this section should be sent at least 45 days in advance of the 
applicant's planned operation. In the latter services, the Interference 
Office must inform the FCC of a notification within 20 days if the 
Office plans to file comments or objections to the notification. After 
the FCC receives an application from a service applicant or is informed 
by the Interference Office of a notification from a service applicant, 
the FCC will allow the Interference Office a period of 20 days for 
comments or objections in response to the application or notification.
    (c) If an objection to any planned service operation is received 
during the 20-day period from the Interference Office, the FCC will take 
whatever action is deemed appropriate.

[63 FR 41203, Aug. 3, 1998]



Sec. 27.63  Disturbance of AM broadcast station antenna patterns.

    WCS licensees that construct or modify towers in the immediate 
vicinity of AM broadcast stations are responsible for measures necessary 
to correct disturbance of the AM station antenna pattern which causes 
operation outside of the radiation parameters specified by the FCC for 
the AM station, if the disturbance occurred as a result of such 
construction or modification.
    (a) Non-directional AM stations. If tower construction or 
modification is

[[Page 397]]

planned within 1 kilometer (0.6 mile) of a non-directional AM broadcast 
station tower, the WCS licensee must notify the licensee of the AM 
broadcast station in advance of the planned construction or 
modification. Measurements must be made to determine whether the 
construction or modification would affect the AM station antenna 
pattern. The WCS licensee is responsible for the installation and 
continued maintenance of any detuning apparatus necessary to restore 
proper non-directional performance of the AM station tower.
    (b) Directional AM stations. If tower construction or modification 
is planned within 3 kilometers (1.9 miles) of a directional AM broadcast 
station array, the WCS licensee must notify the licensee of the AM 
broadcast station in advance of the planned construction or 
modification. Measurements must be made to determine whether the 
construction or modification would affect the AM station antenna 
pattern. The WCS licensee is responsible for the installation and 
continued maintenance of any detuning apparatus necessary to restore 
proper performance of the AM station array.



Sec. 27.64  Protection from interference.

    Wireless Communications Service (WCS) stations operating in full 
accordance with applicable FCC rules and the terms and conditions of 
their authorizations are normally considered to be non-interfering. If 
the FCC determines, however, that interference which significantly 
interrupts or degrades a radio service is being caused, it may, after 
notice and an opportunity for a hearing, require modifications to any 
WCS station as necessary to eliminate such interference.
    (a) Failure to operate as authorized. Any licensee causing 
interference to the service of other stations by failing to operate its 
station in full accordance with its authorization and applicable FCC 
rules shall discontinue all transmissions, except those necessary for 
the immediate safety of life or property, until it can bring its station 
into full compliance with the authorization and rules.
    (b) Intermodulation interference. Licensees should attempt to 
resolve such interference by technical means.
    (c) Situations in which no protection is afforded. Except as 
provided elsewhere in this part, no protection from interference is 
afforded in the following situations:
    (1) Interference to base receivers from base or fixed transmitters. 
Licensees should attempt to resolve such interference by technical means 
or operating arrangements.
    (2) Interference to mobile receivers from mobile transmitters. No 
protection is provided against mobile-to-mobile interference.
    (3) Interference to base receivers from mobile transmitters. No 
protection is provided against mobile-to-base interference.
    (4) Interference to fixed stations. Licensees should attempt to 
resolve such interference by technical means or operating arrangements.
    (5) Anomalous or infrequent propagation modes. No protection is 
provided against interference caused by tropospheric and ionospheric 
propagation of signals.



            Subpart D--Competitive Bidding Procedures for WCS



Sec. 27.201  WCS subject to competitive bidding.

    Mutually exclusive initial applications to provide WCS service are 
subject to competitive bidding procedures. The procedures set forth in 
part 1, subpart Q of this chapter will apply unless otherwise specified 
in this part.



Sec. 27.202  Competitive bidding mechanisms.

    In addition to the provisions of Sec. 1.2104(a) through (f), (h) and 
(i) of this chapter, the following provision will apply to WCS: Where a 
tie bid occurs, the high bidder will be determined by the order in which 
the bids were received by the Commission.



Sec. 27.203  Withdrawal, default and disqualification payments.

    When the Commission conducts a simultaneous multiple round auction 
pursuant to Sec. 27.202, the Commission will impose payments on bidders 
who

[[Page 398]]

withdraw high bids during the course of an auction, or who default on 
payments due after an auction closes or who are disqualified. When the 
amount of such a payment cannot be determined, a deposit of up to 20 
percent of the amount bid on the license will be required.
    (a) Bid withdrawal prior to close of auction. A bidder who withdraws 
a high bid during the course of an auction will be subject to a payment 
equal to the difference between the amount bid and the amount of the 
winning bid the next time the license is offered by the Commission. No 
withdrawal payment would be assessed if the subsequent winning bid 
exceeds the withdrawn bid. This payment amount will be deducted from any 
upfront payments or down payments that the withdrawing bidder has 
deposited with the Commission.
    (b) Default or disqualification after close of auction. See 
Sec. 1.2104(g)(2) of this chapter.

[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 2349, Jan. 15, 1998]



Sec. 27.204  Bidding application and certification procedures; prohibition of collusion.

    (a) Submission of Short-Form Application (FCC Form 175). In order to 
be eligible to bid, an applicant must timely submit, by means of 
electronic filing, a short-form application (FCC Form 175). Unless 
otherwise provided by public notice, the Form 175 need not be 
accompanied by an upfront payment (see Sec. 27.205).
    (1) All Form 175s will be due on the date specified by public 
notice.
    (2) The Form 175 must contain the following information:
    (i) Identification of each license on which the applicant wishes to 
bid;
    (ii) The applicant's name, if the applicant is an individual. If the 
applicant is a corporation, then the short-form application will require 
the name and address of the corporate office and the name and title of 
an officer or director. If the applicant is a partnership, then the 
application will require the names, citizenship and addresses of all 
partners, and, if a partner is not a natural person, then the name and 
title of a responsible person should be included as well. If the 
applicant is a trust, then the name and address of the trustee will be 
required. If the applicant is none of the above, then it must identify 
and describe itself and its principals or other responsible persons;
    (iii) The identity of the person(s) authorized to make or withdraw a 
bid;
    (iv) If the applicant applies as a designated entity pursuant to 
section 27.210(b), a statement to that effect and a declaration, under 
penalty of perjury, that the applicant is qualified as a designated 
entity under Sec. 27.210(b).
    (v) Certification that the applicant is legally, technically, 
financially and otherwise qualified pursuant to section 308(b) of the 
Communications Act of 1934, as amended. The Commission will accept 
applications certifying that a request for waiver or other relief from 
the requirements of section 310 is pending;
    (vi) Certification that the applicant is in compliance with the 
foreign ownership provisions of section 310 of the Communications Act of 
1934, as amended;
    (vii) Certification that the applicant is and will, during the 
pendency of its application(s), remain in compliance with any service-
specific qualifications applicable to the licenses on which the 
applicant intends to bid including, but not limited to, financial 
qualifications. The Commission may require certification in certain 
services that the applicant will, following grant of a license, come 
into compliance with certain service-specific rules, including, but not 
limited to, ownership eligibility limitations;
    (viii) An exhibit, certified as truthful under penalty of perjury, 
identifying all parties with whom the applicant has entered into 
partnerships, joint ventures, consortia or other agreements, 
arrangements or understandings of any kind relating to the licenses 
being auctioned, including any such agreements relating to the post-
auction market structure;
    (ix) Certification under penalty of perjury that it has not entered 
and will not enter into any explicit or implicit agreements, 
arrangements or understandings of any kind with any parties other than 
those identified pursuant to

[[Page 399]]

paragraph (a)(2)(viii) of this section regarding the amount of their 
bids, bidding strategies or the particular licenses on which they will 
or will not bid; and
    (x) Certification under penalty of perjury that it is not in default 
on any Commission licenses and that it is not delinquent on any 
extension of credit from any federal agency.

    Note to paragraph (a): The Commission may also request applicants to 
submit additional information for informational purposes to aid in its 
preparation of required reports to Congress.

    (b) Modification and Amendment of Application. Applicants will be 
permitted to amend their Form 175 applications to make minor amendments 
to correct minor errors or defects such as typographical errors. 
Applicants will also be permitted to amend FCC Form 175 to make changes 
to the information required by Sec. 27.204(a) (such as ownership changes 
or changes in the identification of parties to bidding consortia), 
provided such changes do not result in a change in control of the 
applicant and do not involve another applicant (or parties in interest 
to an applicant) who has applied for licenses in any of the same 
geographic license areas as the applicant. Amendments which change 
control of the applicant will be considered major amendments. An FCC 
Form 175 which is amended by a major amendment will be considered to be 
newly filed and cannot be resubmitted after applicable filing deadlines. 
See also Sec. 1.2105 of this chapter.
    (c) Prohibition of collusion. (1) Except as provided in paragraphs 
(c)(2), (c)(3) and (c)(4) of this section, after the filing of short-
form applications, all applicants are prohibited from cooperating, 
collaborating, discussing or disclosing in any manner the substance of 
their bids or bidding strategies, or discussing or negotiating 
settlement agreements, with other applicants until after the high bidder 
makes the required down payment, unless such applicants are members of a 
bidding consortium or other joint bidding arrangement identified on the 
bidder's short-form application pursuant to Sec. 27.204(a)(2)(viii).
    (2) Applicants may modify their short-form applications to reflect 
formation of consortia or changes in ownership at any time before or 
during an auction, provided such changes do not result in a change in 
control of the applicant, and provided that the parties forming 
consortia or entering into ownership agreements have not applied for 
licenses in any of the same geographic license areas. Such changes will 
not be considered major modifications of the application.
    (3) After the filing of short-form applications, applicants may make 
agreements to bid jointly for licenses, provided the parties to the 
agreement have not applied for licenses in any of the same geographic 
license areas.
    (4) After the filing of short-form applications, a holder of a non-
controlling attributable interest in an entity submitting a short-form 
application may acquire an ownership interest in, form a consortium 
with, or enter into a joint bidding arrangement with, other applicants 
for licenses in the same geographic license area, provided that:
    (i) The attributable interest holder certifies to the Commission 
that it has not communicated and will not communicate with any party 
concerning the bids or bidding strategies of more than one of the 
applicants in which it holds an attributable interest, or with which it 
has a consortium or joint bidding arrangement, and which have applied 
for licenses in the same geographic license area(s); and
    (ii) The arrangements do not result in any change in control of an 
applicant.
    (5) Applicants must modify their short-form applications to reflect 
any changes in ownership or in the membership of consortia or joint 
bidding arrangements.
    (6) For purposes of this paragraph:
    (i) The term ``applicant'' shall include the entity submitting a 
short-form application to participate in an auction (FCC Form 175), as 
well as all holders of partnership and other ownership interests and any 
stock interest amounting to 5 percent or more of the entity, or 
outstanding stock, or outstanding voting stock of the entity submitting 
a short-form application, and all officers and directors of that entity; 
and

[[Page 400]]

    (ii) The term ``bids or bidding strategies'' shall include capital 
calls or requests for additional funds in support of bids or bidding 
strategies.



Sec. 27.205  Submission of upfront payments.

    (a) Each eligible bidder for WCS licenses subject to auction shall 
pay an upfront payment pursuant to this chapter and procedures specified 
by public notice. No interest will be paid on upfront payments.
    (b) Upfront payments must be made by wire transfer.
    (c) If the applicant does not submit at least the minimum upfront 
payment, it will be ineligible to bid, its application will be dismissed 
and any upfront payment it has made will be returned.
    (d) The upfront payment(s) of a bidder will be credited toward any 
down payment required for licenses on which the bidder is the high 
bidder. Where the upfront payment amount exceeds the required deposit of 
a winning bidder, the Commission will refund the excess amount after 
determining that no bid withdrawal payments are owed by that bidder.
    (e) In accordance with the provisions of paragraph (d) of this 
section, in the event a payment is assessed pursuant to Sec. 27.203 for 
bid withdrawal or default, upfront payments or down payments on deposit 
with the Commission will be used to satisfy the bid withdrawal or 
default payment before being applied toward any additional payment 
obligations that the high bidder may have.



Sec. 27.206  Submission of down payment and filing of long-form applications.

    (a) After bidding has ended, the Commission will identify and notify 
the high bidder and declare the bidding closed.
    (b) Within ten (10) business days after being notified that it is a 
high bidder on a particular license(s), a high bidder must submit to the 
Commission's lockbox bank such additional funds (the ``down payment'') 
as are necessary to bring its total deposits (not including upfront 
payments applied to satisfy bid withdrawal or default payments) up to 
twenty (20) percent of its high bid(s). This down payment must be made 
by wire transfer or cashier's check drawn in U.S. dollars from a 
financial institution whose deposits are insured by the Federal Deposit 
Insurance Corporation and must be made payable to the Federal 
Communications Commission. Down payments will be held by the Commission 
until the high bidder has been awarded the license and has paid the 
remaining balance due on the license, in which case it will not be 
returned, or until the winning bidder is found unqualified to be a 
licensee or has defaulted, in which case it will be returned, less 
applicable payments. No interest will be paid on any down payment.
    (c) A high bidder that meets its down payment obligations in a 
timely manner must, within ten (10) business days after being notified 
that it is a high bidder, submit an additional application (the ``long-
form application'') pursuant to the rules governing the service in which 
the applicant is the high bidder. Notwithstanding any other provision in 
title 47 of the Code of Federal Regulations to the contrary, high 
bidders need not submit an additional application filing fee with their 
long-form applications. Notwithstanding any other provision in Title 47 
of the Code of Federal Regulations to the contrary, the high bidder's 
long-form application must be mailed or otherwise delivered to: Office 
of the Secretary, Federal Communications Commission, Attention: Auction 
Application Processing Section, 1919 M Street, NW, Room 222, Washington, 
DC 20554. An applicant that fails to submit the required long-form 
application as required under this section, and fails to establish good 
cause for any late-filed submission, shall be deemed to have defaulted 
and will be subject to the payments set forth in section 27.203.
    (d) As an exhibit to its long-form application, the applicant must 
provide a detailed explanation of the terms and conditions and parties 
involved in any bidding consortia, joint venture, partnership or other 
agreement or arrangement it had entered into relating to the competitive 
bidding process prior to the time bidding was completed. Such agreements 
must have been entered into prior to the filing of short-form 
applications pursuant to Sec. 27.204.

[[Page 401]]



Sec. 27.207  Procedures for filing petitions to deny against WCS long-form applications.

    (a) Within five (5) days after the Commission gives public notice 
that a long-form application has been accepted for filing, petitions to 
deny that application may be filed. Any such petitions must contain 
allegations of fact supported by affidavit of a person or persons with 
personal knowledge thereof, and be served by hand upon the applicant or 
its representative.
    (b) An applicant may file an opposition to any petition to deny 
within five (5) days after the deadline for filing petitions to deny. 
Allegations of fact or denials thereof must be supported by affidavit of 
a person or persons with personal knowledge thereof, and such opposition 
must be served by hand upon the petitioner.
    (c) If the Commission determines that:
    (1) An applicant is qualified and there is no substantial and 
material issue of fact concerning that determination, it will grant the 
application;
    (2) An applicant is not qualified and that there is no substantial 
issue of fact concerning that determination, the Commission need not 
hold a evidentiary hearing and will deny the application; and
    (3) Substantial and material issues of fact require a hearing, it 
will conduct a hearing. The Commission may permit all or part of the 
evidence to be submitted in written form and may permit employees other 
than administrative law judges to preside at the taking of written 
evidence. Such hearing will be conducted on an expedited basis.



Sec. 27.208  License grant, denial, default, and disqualification.

    (a) Unless otherwise specified in these rules, auction winners are 
required to pay the balance of their winning bids in a lump sum within 
ten (10) business days following award of the license. Grant of the 
license will be conditioned on full and timely payment of the winning 
bid.
    (b) If a winning bidder withdraws its bid after the Commission has 
declared competitive bidding closed or fails to remit the required down 
payment within ten (10) business days after the Commission has declared 
competitive bidding closed, the bidder will be deemed to have defaulted, 
its application will be dismissed, and it will be liable for the default 
penalty specified in Sec. 27.203. In such event, the Commission may 
either re-auction the license to existing or new applicants or offer it 
to the other highest bidders (in descending order) at their final bids. 
The down payment obligations set forth in Sec. 27.206(b) will apply.
    (c) A winning bidder who is found unqualified to be a licensee, 
fails to remit the balance of its winning bid in a timely manner, or 
defaults or is disqualified for any reason after having made the 
required down payment, will be deemed to have defaulted and will be 
liable for the payment set forth in Sec. 27.203. In such event, the 
Commission will conduct another auction for the license, affording new 
parties an opportunity to file applications for the license.
    (d) Bidders who are found to have violated the antitrust laws or the 
Commission's rules in connection with their participation in the 
competitive bidding process may be subject, in addition to any other 
applicable sanctions, to forfeiture of their upfront payment, down 
payment or full bid amount, and may be prohibited from participating in 
future auctions.



Sec. 27.209  Designated entities; bidding credits; unjust enrichment.

    (a) Designated entities entitled to preferences in the WCS auction 
are small businesses and very small businesses as defined in 
Sec. 27.110(b). Designated entities will be eligible for bidding 
credits, as defined in paragraphs (b) and (c) of this section.
    (b) A winning bidder that qualifies as a small business may use a 
bidding credit of 25 percent to lower the cost of its winning bid.
    (c) A winning bidder that qualifies as a very small business may use 
a bidding credit of 35 percent to lower the cost of its winning bid.
    (d) Unjust enrichment. See Sec. 1.2111 of this chapter.

[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 2349, Jan. 15, 1998]

[[Page 402]]



Sec. 27.210  Definitions.

    (a) Scope. The definitions in this section apply to Sec. 27.209, 
unless otherwise specified in those sections.
    (b) Small Business; Very Small Business; Consortia.
    (1) A small business is an entity that, together with its affiliates 
and controlling principals, has average annual gross revenues that are 
not more than $40 million for the preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and controlling principals, has average annual gross revenues 
that are not more than $15 million for the preceding three years.
    (3) For purposes of determining whether an entity meets the $40 
million average annual gross revenues size standard set forth in 
paragraph (b)(1) of this section or the $15 million average annual gross 
revenues size standard set forth in paragraph (b)(2) of this section, 
the gross revenues of the applicant and its affiliates shall be 
considered on a cumulative basis and aggregated subject to the following 
exceptions:
    (i) For purposes of paragraphs (b)(1) and (b)(2) of this section, 
the personal net worth of an applicant and its affiliates is not 
included in the applicant's gross revenues; and
    (ii) For purposes of paragraphs (b)(1) and (b)(2) of this section, 
Indian tribes or Alaska Regional or Village Corporations organized 
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), or entities owned and controlled by such tribes or corporations, 
are not considered affiliates of an applicant (or licensee) that is 
owned and controlled by such tribes, corporations or entities, and that 
otherwise complies with the requirements of paragraphs (b)(1) and (b)(2) 
of this section, except that gross revenues derived from gaming 
activities conducted by affiliated entities pursuant to the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) will be counted in 
determining such applicant's (or licensee's) compliance with the 
financial requirements of paragraphs (b)(1) and (b)(2) of this section, 
unless such applicant establishes that it will not receive a substantial 
unfair competitive advantage because significant legal constraints 
restrict the applicant's ability to access such gross revenues.
    (4) A consortium of small businesses (or a consortium of very small 
businesses) is a conglomerate organization formed as a joint venture 
between or among mutually independent business firms, each of which 
individually satisfies the definition in paragraph (b)(1) of this 
section or each of which satisfies the definition in paragraph (b)(2) of 
this section. Where an applicant (or licensee) is a consortium of small 
businesses, the gross revenues of each small business shall not be 
aggregated.
    (c) Gross Revenues. Gross revenues shall mean all income received by 
an entity, whether earned or passive, before any deductions are made for 
costs of doing business (e.g., cost of goods sold), as evidenced by 
audited financial statements for the relevant number of most recently 
completed calendar years, or, if audited financial statements were not 
prepared on a calendar-year basis, for the most recently completed 
fiscal years preceding the filing of the applicant's short-form 
application (Form 175). If an entity was not in existence for all or 
part of the relevant period, gross revenues shall be evidenced by the 
audited financial statements of the entity's predecessor-in-interest or, 
if there is no identifiable predecessor-in-interest, unaudited financial 
statements certified by the applicant as accurate. When an applicant 
does not otherwise use audited financial statements, its gross revenues 
may be certified by its chief financial officer or its equivalent.
    (d) Affiliate.--(1) Basis for affiliation. An individual or entity 
is an affiliate of an applicant if such individual or entity:
    (i) Directly or indirectly controls or has the power to control the 
applicant;
    (ii) Is directly or indirectly controlled by the applicant;
    (iii) Is directly or indirectly controlled by a third party or 
parties who also control or have the power to control the applicant; or
    (iv) Has an ``identity of interest'' with the applicant.
    (2) Nature of control in determining affiliation. (i) Every business 
concern is considered to have one or more parties who directly or 
indirectly control or

[[Page 403]]

have the power to control it. Control may be affirmative or negative and 
it is immaterial whether it is exercised so long as the power to control 
exists.

    Example for paragraph (d)(2)(i). An applicant owning 50 percent of 
the voting stock of another concern would have negative power to control 
such concern since such party can block any action of the other 
stockholders. Also, the bylaws of a corporation may permit a stockholder 
with less than 50 percent of the voting stock to block any actions taken 
by the other stockholders in the other entity. Affiliation exists when 
the applicant has the power to control a concern while at the same time 
another person, or persons, are in control of the concern at the will of 
the party or parties with the power of control.

    (ii) Control can arise through stock ownership; occupancy of 
director, officer, or key employee positions; contractual or other 
business relations; or combinations of these and other factors. A key 
employee is an employee who, because of his/her position in the concern, 
has a critical influence in or substantive control over the operations 
or management of the concern.
    (iii) Control can arise through management positions if the voting 
stock is so widely distributed that no effective control can be 
established.

    Example for paragraph (d)(2)(iii). In a corporation where the 
officers and directors own various size blocks of stock totaling 40 
percent of the corporation's voting stock, but no officer or director 
has a block sufficient to give him/her control or the power to control 
and the remaining 60 percent is widely distributed with no individual 
stockholder having a stock interest greater than 10 percent, management 
has the power to control. If persons with such management control of the 
other entity are controlling principals of the applicant, the other 
entity will be deemed an affiliate of the applicant.

    (3) Identity of interest between and among persons. Affiliation can 
arise between or among two or more persons with an identity of interest, 
such as members of the same family or persons with common investments. 
In determining if the applicant controls or is controlled by a concern, 
persons with an identity of interest will be treated as though they were 
one person.
    (i) Spousal affiliation. Both spouses are deemed to own or control 
or have the power to control interests owned or controlled by either of 
them, unless they are subject to a legal separation recognized by a 
court of competent jurisdiction in the United States.
    (ii) Kinship affiliation. Immediate family members will be presumed 
to own or control or have the power to control interests owned or 
controlled by other immediate family members. In this context 
``immediate family member'' means father, mother, husband, wife, son, 
daughter, brother, sister, father- or mother-in-law, son- or daughter-
in-law, brother- or sister-in-law, step-father or -mother, step-brother 
or -sister, step-son or -daughter, half-brother or -sister. This 
presumption may be rebutted by showing that:
    (A) The family members are estranged;
    (B) The family ties are remote;
    (C) The family members are not closely involved with each other in 
business matters.

    Example for paragraph (d)(3)(ii). A owns a controlling interest in 
Corporation X. A's sister-in-law, B, has a controlling interest in a WCS 
geographic area license application. Because A and B have a presumptive 
kinship affiliation, A's interest in Corporation X is attributable to B, 
and thus to the applicant, unless B rebuts the presumption with the 
necessary showing.

    (4) Affiliation through stock ownership. (i) An applicant is 
presumed to control or have the power to control a concern if he/she 
owns or controls or has the power to control 50 percent or more of its 
voting stock.
    (ii) An applicant is presumed to control or have the power to 
control a concern even though he/she owns, controls, or has the power to 
control less than 50 percent of the concern's voting stock, if the block 
of stock he/she owns, controls, or has the power to control is large as 
compared with any other outstanding block of stock.
    (iii) If two or more persons each owns, controls or has the power to 
control less than 50 percent of the voting stock of a concern, such 
minority holdings are equal or approximately equal in size, and the 
aggregate of these minority holdings is large as compared with any other 
stock holding, the presumption arises that each one of these persons 
individually controls or has

[[Page 404]]

the power to control the concern; however, such presumption may be 
rebutted by a showing that such control or power to control, in fact, 
does not exist.
    (5) Affiliation arising under stock options, convertible debentures, 
and agreements to merge. Stock options, convertible debentures, and 
agreements to merge (including agreements in principle) are generally 
considered to have a present effect on the power to control the concern. 
Therefore, in making a size determination, such options, debentures, and 
agreements will generally be treated as though the rights held 
thereunder had been exercised. However, neither an affiliate nor an 
applicant can use such options and debentures to appear to terminate its 
control over another concern before it actually does so.

    Example 1 for paragraph (d)(5). If company B holds an option to 
purchase a controlling interest in company A, who holds a controlling 
interest in a WCS geographic area license application, the situation is 
treated as though company B had exercised its rights and had become 
owner of a controlling interest in company A. The gross revenues of 
company B must be taken into account in determining the size of the 
applicant.

    Example 2 for paragraph (d)(5). If a large company, BigCo, holds 70% 
(70 of 100 outstanding shares) of the voting stock of company A, who 
holds a controlling interest in a WCS geographic area license 
application, and gives a third party, SmallCo, an option to purchase 50 
of the 70 shares owned by BigCo, BigCo will be deemed to be an affiliate 
of company A, and thus the applicant, until SmallCo actually exercises 
its options to purchase such shares. In order to prevent BigCo from 
circumventing the intent of the rule, which requires such options to be 
considered on a fully diluted basis, the option is not considered to 
have present effect in this case.

    Example 3 for paragraph (d)(5). If company A has entered into an 
agreement to merge with company B in the future, the situation is 
treated as though the merger has taken place.

    (6) Affiliation under voting trusts. (i) Stock interests held in 
trust shall be deemed controlled by any person who holds or shares the 
power to vote such stock, to any person who has the sole power to sell 
such stock, and to any person who has the right to revoke the trust at 
will or to replace the trustee at will.
    (ii) If a trustee has a familial, personal or extra-trust business 
relationship to the grantor or the beneficiary, the stock interests held 
in trust will be deemed controlled by the grantor or beneficiary, as 
appropriate.
    (iii) If the primary purpose of a voting trust, or similar 
agreement, is to separate voting power from beneficial ownership of 
voting stock for the purpose of shifting control of or the power to 
control a concern in order that such concern or another concern may meet 
the Commission's size standards, such voting trust shall not be 
considered valid for this purpose regardless of whether it is or is not 
recognized within the appropriate jurisdiction.
    (7) Affiliation through common management. Affiliation generally 
arises where officers, directors, or key employees serve as the majority 
or otherwise as the controlling element of the board of directors and/or 
the management of another entity.
    (8) Affiliation through common facilities. Affiliation generally 
arises where one concern shares office space and/or employees and/or 
other facilities with another concern, particularly where such concerns 
are in the same or related industry or field of operations, or where 
such concerns were formerly affiliated, and through these sharing 
arrangements one concern has control, or potential control, of the other 
concern.
    (9) Affiliation through contractual relationships. Affiliation 
generally arises where one concern is dependent upon another concern for 
contracts and business to such a degree that one concern has control, or 
potential control, of the other concern.
    (10) Affiliation under joint venture arrangements. (i) A joint 
venture for size determination purposes is an association of concerns 
and/or individuals, with interests in any degree or proportion, formed 
by contract, express or implied, to engage in and carry out a single, 
specific business venture for joint profit for which purpose they 
combine their efforts, property, money, skill and knowledge, but not on 
a continuing or permanent basis for conducting business generally. The 
determination whether an entity is a joint

[[Page 405]]

venture is based upon the facts of the business operation, regardless of 
how the business operation may be designated by the parties involved. An 
agreement to share profits/losses proportionate to each party's 
contribution to the business operation is a significant factor in 
determining whether the business operation is a joint venture.
    (ii) The parties to a joint venture are considered to be affiliated 
with each other.



     Subpart E--Application, Licensing, and Processing Rules for WCS



Sec. 27.301  Authorization required.

    No person shall use or operate any device for the transmission of 
energy or communications by radio in the services authorized by this 
part except as provided in this part.



Sec. 27.302  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under the applicable laws and the 
regulations, policies and decisions issued under those laws, including 
Sec. 27.12;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien Ownership. A WCS authorization may not be granted to or 
held by an entity not meeting the requirements of section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. section 310 insofar as 
applicable to the particular service in question.



Sec. 27.303  Formal and informal applications.

    (a) Except for an authorization under any of the conditions stated 
in section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), 
the Commission may grant only upon written application received by it, 
the following authorization: station licenses; modifications of 
licenses; renewals of licenses; transfers and assignments of station 
licenses, or any right thereunder.
    (b) Except as may be otherwise permitted by this part, a separate 
written application shall 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.



Sec. 27.304  Filing of WCS applications, fees, and numbers of copies.

    (a) As prescribed by Sec. 27.307, standard formal application forms 
applicable to the WCS may be obtained from either:
    (1) Federal Communications Commission, Washington, DC 20554; or
    (2) By calling the Commission's Forms Distribution Center, (202) 
418-3676.
    (b) Applications for the initial provision of WCS service must be 
filed on FCC Form 175 in accordance with the rules in Sec. 27.204 and 
part 1, subpart Q of this chapter. In the event of mutual exclusivity 
between applicants filing FCC Form 175, only auction winners will be 
eligible to file subsequent long form applications on FCC Form 600 for 
initial WCS licenses. Mutually exclusive applications filed on Form 175 
are subject to competitive bidding under those rules.
    (c) All applications for WCS radio station authorizations (other 
than applications for initial provision of WCS service filed on FCC Form 
175) shall be submitted for filing to: Federal Communications 
Commission, Wireless Telecommunications Bureau, 1270 Fairfield Road, 
Gettysburg, PA 17325, Attention: WCS Processing Section.

[[Page 406]]

    (d) All correspondence or amendments concerning a submitted 
application shall clearly identify the name of the applicant, FCC 
Account Number or Commission file number (if known) or station call sign 
of the application involved, and may be sent directly to the Wireless 
Telecommunications Bureau, 1270 Fairfield Road, Gettysburg, PA 17325, 
Attention: WCS Processing Section.
    (e) Except as otherwise specified, all applications, amendments, 
correspondence, pleadings and forms (with the exception of FCC Form 175, 
which is to be filed electronically pursuant to Sec. 27.204) shall be 
submitted on one original paper copy and with a 3.5-inch floppy disk 
containing all attachments, and any other supporting documentation in 
separate ASCII text (.TXT) file formats. Those filing any amendments, 
correspondence, pleadings, and forms must simultaneously submit the 
original hard copy which must be stamped ``original''. In addition to 
the original hard copy, those filing pleadings, including pleadings 
under Sec. 1.2108 of this chapter shall also submit 2 paper copies as 
provided in Sec. 1.51 of this chapter. Applicants who file 
electronically will not be required to follow these procedures, but 
instead are required to follow all instructions for electronic filing 
detailed by the FCC in any subsequent public notices.
    (f) Subsequent application by auction winners or non-mutually 
exclusive applicants for WCS radio station(s) under this part 27. FCC 
Form 600 shall be submitted by each auction winner for each WCS license 
applied for on FCC Form 175. In the event that mutual exclusivity does 
not exist between applicants filing FCC Form 175, the Commission will so 
inform the applicant and the applicant will also file FCC Form 600. 
Blanket licenses are granted for each market frequency block. 
Applications for individual sites are not needed and will not be 
accepted. See Sec. 27.11.



Sec. 27.305  [Reserved]



Sec. 27.306  Miscellaneous forms.

    (a) Renewal of station licenses. Except for renewal of special 
temporary authorizations, FCC Form 405 (``Application for Renewal of 
Station License'') must be filed in duplicate by the licensee between 
thirty (30) and sixty (60) days prior to the expiration date of the 
license sought to be renewed.
    (b) Assignment of authorization or transfer of control. Assignments 
of authorization or transfers of control applications are to be filed on 
the FCC Form 490, ``Application for Assignment of Authorization or 
Consent to Transfer of Control of License''.



Sec. 27.307  General application requirements.

    (a) Each application (including applications filed on Forms 175 and 
600) for a radio station authorization or for consent to assignment or 
transfer of control in the WCS shall disclose fully the real party or 
parties in interest and must include the following information:
    (1) A list of its subsidiaries, if any. Subsidiary means any FCC-
regulated business five per cent or more of whose stock, warrants, 
options or debt securities are owned by the applicant or an officer, 
director, stockholder or key management personnel of the applicant. This 
list must include a description of each subsidiary's principal business 
and a description of each subsidiary's relationship to the applicant;
    (2) A list of its affiliates, if any. Affiliate is defined in 
Sec. 27.210(d);
    (3) A list of the names, addresses, citizenship and principal 
business of any person holding five percent or more of each class of 
stock, warrants, options or debt securities together with the amount and 
percentage held, and the name, address, citizenship and principal place 
of business of any person on whose account, if other than the holder, 
such interest is held. If any of these persons are related by blood or 
marriage, include such relationship in the statement;
    (4) In the case of partnerships, the name and address of each 
partner, each partner's citizenship and the share or interest 
participation in the partnership. This information must be provided for 
all partners, regardless of their respective ownership interests in the 
partnership. This information must be included an exhibit to the 
application; and

[[Page 407]]

    (b) Each application for a radio station authorization in the WCS 
must:
    (1) Submit the information required by the Commission's rules, 
requests, and application forms;
    (2) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter; and
    (3) Show compliance with and make all special showings that may be 
applicable.
    (c) Where documents, exhibits, or other lengthy showings already on 
file with the Commission contain information which is required by an 
application form, the application may specifically refer to such 
information, if:
    (1) The information previously filed is over one A4 (21 cm x 29.7 
cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page in length, and all 
information referenced therein is current and accurate in all 
significant respects under Sec. 1.65 of this chapter; and
    (2) The reference states specifically where the previously filed 
information can actually be found, including mention of:
    (i) The station call sign or application file number whenever the 
reference is to station files or previously filed applications; and
    (ii) The title of the proceeding, the docket number, and any legal 
citations, whenever the reference is to a docketed proceeding. However, 
questions on an application form which call for specific technical data, 
or which can be answered by a ``yes'' or ``no'' or other short answer 
shall be answered as appropriate and shall not be cross-referenced to a 
previous filing.
    (d) In addition to the general application requirements of subpart F 
of this part and Sec. 27.204, applicants shall submit any additional 
documents, exhibits, or signed written statements of fact:
    (1) As may be required by these rules; 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.
    (e) Except when the Commission has declared explicitly to the 
contrary, an informational requirement does not in itself imply the 
processing treatment of decisional weight to be accorded the response.

[62 FR 9658, Mar. 3, 1997; 62 FR 16099, Apr. 4, 1997]



Sec. 27.308  Technical content of applications.

    All applications required by this part shall contain all technical 
information required by the application forms or associated public 
notice(s). Applications other than initial applications for a WCS 
license must also comply with all technical requirements of the rules 
governing the WCS (see subparts C and D of this part as appropriate).



Sec. 27.310  Waiver of rules.

    (a) Request for waivers. (1) Waivers of these rules may be granted 
upon application or by the Commission on its own motion. Requests for 
waivers shall contain a statement of reasons sufficient to justify a 
waiver. Waivers will not be granted except upon an affirmative showing:
    (i) That the underlying purpose of the rule will not be served, or 
would be frustrated, by its application in a particular case, and that 
grant of the waiver is otherwise in the public interest; or
    (ii) That 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.
    (2) If the information necessary to support a waiver request is 
already on file, the applicant may cross-reference to the specific 
filing where it may be found.
    (b) Denial of waiver, alternate showing required. If a waiver is not 
granted, the application will be dismissed as defective unless the 
applicant has also provided an alternative proposal which complies with 
the Commission's rules (including any required showings).



Sec. 27.311  Defective applications.

    (a) Unless the Commission shall otherwise permit, an application 
will be

[[Page 408]]

unacceptable for filing and will be returned to the applicant with a 
brief statement as to the omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, execution, or other 
matters of a formal character; or
    (2) The application does not comply with the Commission's rules, 
regulations, specific requirements for additional information or other 
requirements. See also Sec. 27.204.
    (b) Some examples of common deficiencies which result in defective 
applications under paragraph (a) of this section are:
    (1) The application is not filled out completely and signed; or
    (2) The application (other than an application filed on FCC Form 
175) does not include an environmental assessment as required for an 
action that may have a significant impact upon the environment, as 
defined in Sec. 1.1307 of this chapter.
    (3) The application is filed prior to the public notice issued under 
Sec. 27.316 announcing the application filing date for the relevant 
auction or after the cutoff date prescribed in that public notice;
    (c) If an applicant is requested by the Commission to file any 
documents or any supplementary or explanatory information not 
specifically required in the prescribed application form, a failure to 
comply with such request within a specified time period will be deemed 
to render the application defective and will subject it to dismissal.



Sec. 27.312  Inconsistent or conflicting applications.

    While an application is pending and undecided under this part 27, no 
subsequent inconsistent or conflicting application may be filed by the 
same applicant, his successor or assignee, or on behalf or for the 
benefit of the same applicant, his successor or assignee.



Sec. 27.313  Amendment of applications for Wireless Communications Service (other than applications filed on FCC Form 175).

    This section applies to all applications for Wireless Communications 
Service other than applications filed on FCC Form 175.
    (a) Amendments as of right. A pending application may be amended as 
a matter of right if the application has not been designated for 
hearing.
    (1) Amendments shall comply with Sec. 27.319, as applicable; and
    (2) Amendments which resolve interference conflicts or amendments 
under Sec. 27.319 may be filed at any time.
    (b) The Commission or the presiding officer may grant requests to 
amend an application designated for hearing only if a written petition 
demonstrating good cause is submitted and properly served upon the 
parties of record.
    (c) Major amendments, minor amendments. The Commission will classify 
all amendments as minor, unless there is a substantial change in 
ownership or control. Such an amendment shall be deemed to be a major 
amendment subject to Sec. 27.316.
    (d) If a petition to deny (or other formal objection) has been 
filed, any amendment, requests for waiver, (or other written 
communications) shall be served on the petitioner by hand, unless waiver 
of this requirement is granted pursuant to paragraph (e) of this 
section. See also Sec. 1.2108 of this chapter.
    (e) The Commission may waive the service requirements of paragraph 
(d) 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.
    (f) Any amendment to an application shall be signed and shall 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.
    (g) An application will be considered to be a newly filed 
application if it is amended by a major amendment (as defined in this 
section), except in the following circumstances:
    (1) The amendment reflects only a change in ownership or control 
found

[[Page 409]]

by the Commission to be in the public interest; or
    (2) 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.



Sec. 27.314  Application for temporary authorizations.

    In circumstances requiring immediate or temporary use of facilities, 
request may be made for special temporary authority (STA) to operate new 
or modified equipment. Such requests may be submitted as informal 
applications (see Sec. 22.105 of this chapter) and must contain complete 
details about the proposed operation and the circumstances that fully 
justify and necessitate the grant of STA. Such requests should be filed 
in time to be received by the FCC at least 10 days prior to the date of 
proposed operation or, where an extension is sought, 10 days prior to 
the expiration date of the existing STA. Requests received less than 10 
days prior to the desired date of operation may be given expedited 
consideration only if compelling reasons are given, in writing, for the 
delay in submitting the request. Otherwise, such late-filed requests are 
considered in turn, but action might not be taken prior to the desired 
date of operation. Requests for STAs must be accompanied by the proper 
filing fee.
    (a) Grant without Public Notice. STAs may be granted without being 
listed in a Public Notice, or prior to 30 days after such listing, if:
    (1) The STA is to be valid for 30 days or less and the applicant 
does not plan to file an application for regular authorization of the 
subject operation;
    (2) The STA is to be valid for 60 days or less, pending the filing 
of an application for regular authorization of the subject operation;
    (3) The STA is to allow interim operation to facilitate completion 
of authorized construction or to provide substantially the same service 
as previously authorized; or
    (4) The STA is made upon a finding that there are extraordinary 
circumstances requiring operation in the public interest and that delay 
in the institution of such service would seriously prejudice the public 
interest.
    (b) Limit on STA term. The FCC may grant STAs valid for a period not 
to exceed 180 days under the provisions of section 309(f) of the 
Communications Act of 1934, as amended, (47 U.S.C. section 309(f)) if 
extraordinary circumstances so require, and pending the filing of an 
application for regular operation. The FCC may grant extensions of STAs 
for a period of 180 days, but the applicant must show that extraordinary 
circumstances warrant such an extension.



Sec. 27.315  Receipt of application; applications in the Wireless Communications Service filed on FCC Form 175 and other applications in the WCS Service.

    (a) All applications for WCS filed pursuant to Sec. 27.304 are given 
a file number. The assignment of a file number to an application is 
merely for administrative convenience and does not indicate the 
acceptance of the application for filing and processing. Such assignment 
of a file number will not preclude the subsequent return or dismissal of 
the application if it is found to be defective or not in accordance with 
the Commission's rules.
    (b) Acceptance of an application for filing merely means that it has 
been the subject of a preliminary review as to completeness. Such 
acceptance will not preclude the subsequent return or dismissal of the 
application if it is found to be defective or not in accordance with the 
Commission's rules.



Sec. 27.316  Public notice period.

    (a) At regular intervals, the Commission may issue a public notice 
listing:
    (1) The acceptance for filing of all applications and major 
amendments thereto;
    (2) Significant Commission actions concerning applications listed as 
acceptable for filing;
    (3) Information which the Commission in its discretion believes of 
public significance. Such notices are solely for the purpose of 
informing the public and do not create any rights in an applicant or any 
other person; or

[[Page 410]]

    (4) Special environmental considerations as required by part 1 of 
this chapter.
    (b) The Commission will not grant any application until expiration 
of a period of seven (7) days following the issuance date of a public 
notice listing the application, or any major amendments thereto, as 
acceptable for filing. Provided, that the Commission will not grant an 
application filed on Form 600 filed either by a winning bidder or by an 
applicant whose Form 175 application is not mutually exclusive with 
other applicants, until the expiration of a period of forty (40) days 
following the issuance of a public notice listing the application, or 
any major amendments thereto, as acceptable for filing. See also 
Sec. 27.207.
    (c) As an exception to paragraphs (a)(1), (a)(2) and (b) of this 
section, the public notice provisions are not applicable to 
applications:
    (1) For authorization of a minor technical change in the facilities 
of an authorized station where such a change would not be classified as 
a major amendment (as defined by Sec. 27.313) were such a change to be 
submitted as an amendment to a pending application;
    (2) For issuance of a license subsequent to a radio station 
authorization or, pending application for a grant of such license, any 
special or temporary authorization to permit interim operation to 
facilitate completion of authorized construction or to provide 
substantially the same service as would be authorized by such license;
    (3) For temporary authorization pursuant to Sec. 27.314;
    (4) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934 (47 U.S.C. section 308(a));
    (5) For consent to an involuntary assignment or transfer of control 
of a radio authorization; or
    (6) 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.



Sec. 27.317  Dismissal and return of applications.

    (a) Any application may be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to designation 
for hearing or, in the case of applications filed on Forms 175 and 175-
S, prior to auction. An applicant's request for the return of his 
application after it has been accepted for filing will be considered to 
be a request for dismissal without prejudice. Applicants requesting 
dismissal of their applications are also subject to Sec. 27.203.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing only if:
    (1) A written petition is submitted to the Commission and is 
properly served upon all parties of record; and
    (2) The petition complies with the provisions of this section and 
demonstrates good cause.
    (c) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal shall be without prejudice if made prior to 
designation for hearing or prior to auction, but dismissal may be made 
with prejudice for unsatisfactory compliance or after designation for 
hearing or after the applicant is notified that it is the winning bidder 
under the auction process.



Sec. 27.319  Ownership changes and agreements to amend or to dismiss applications or pleadings.

    (a) Applicability. Subject to the provisions of Sec. 27.204 (Bidding 
Application and Certification Procedures; Prohibition of Collusion), 
this section applies to applicants and all other parties interested in 
pending applications who wish to resolve contested matters among 
themselves with a formal or an informal agreement or understanding. This 
section applies only when the agreement or understanding will result in:
    (1) A major change in the ownership of an applicant to which 
Secs. 27.313(c) and 27.313(g) apply or which would cause the applicant 
to lose its status as a designated entity under Sec. 27.210(b), or
    (2) The individual or mutual withdrawal, amendment or dismissal of 
any

[[Page 411]]

pending application, amendment, petition or other pleading.
    (b) The provisions of Sec. 27.207 will apply in the event of the 
filing of petitions to deny or other pleadings or informal objections 
filed against WCS applications. The provisions of Sec. 27.317 will apply 
in the event of dismissal of WCS applications.



Sec. 27.320  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec. 27.207 and 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 Secs. 1.41 through 1.52 of 
this chapter except where otherwise provided in Sec. 27.207;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;
    (4) Be filed within five (5) days after the date of public notice 
announcing the acceptance for filing of any such application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline); and
    (5) Contain a certificate of service showing that it has been hand 
delivered to the applicant no later than the date of filing thereof with 
the Commission.
    (b) A petition to deny a major amendment to a previously filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying, 
previously filed application. This does not apply to petitioners who 
gain standing because of the major amendment.
    (c) Parties who file frivolous petitions to deny may be subject to 
sanctions including monetary forfeitures, license revocation, if they 
are FCC licensees, and may be prohibited from participating in future 
auctions.



Sec. 27.321  Mutually exclusive applications.

    (a) Two or more pending applications are mutually exclusive if the 
grant of one application would effectively preclude the grant of one or 
more of the others under the Commission's rules governing the Wireless 
Communications Services involved. The Commission uses the general 
procedures in this section for processing mutually exclusive 
applications in the Wireless Communications Services.
    (b) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.



Sec. 27.322  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. See 
also Sec. 1.2108 of this chapter.
    (b) The grant shall be without a formal hearing if, upon 
consideration of the application, any pleadings or 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 a post-auction hearing or to 
comparative consideration pursuant to Sec. 27.322 with another 
application(s);
    (3) The applicant certifies that the operation of the proposed 
facility would not cause harmful electromagnetic interference to another 
authorized station;
    (4) There are no substantial and material questions of fact 
presented; and

[[Page 412]]

    (5) The applicant is qualified under current FCC regulations and 
policies.
    (c) If the Commission should grant without a formal hearing an 
application for an instrument of authorization which is subject to a 
petition to deny filed in accordance with Sec. 27.319, the Commission 
will deny the petition by the issuance of a concise statement for the 
reason(s) for the denial and dispose of all substantial issues raised by 
the petition.
    (d) 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 shall inform 
the applicant of the reasons therefor, and the grant shall be considered 
final unless the Commission should revise 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 which:
    (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.
    (e) 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 (see 
also section 1.2108 of this chapter);
    (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; or
    (3) The application is entitled to concurrent consideration (under 
section 27.321) with another application (or applications).
    (f) The Commission may grant, deny or take other action with respect 
to an application designated for a formal hearing pursuant to paragraph 
(e) of this section or part 1 of this chapter.
    (g) Reconsideration or review of any final action taken by the 
Commission will be in accordance with part 1, subpart A of this chapter.



Sec. 27.323  [Reserved]



Sec. 27.324  Transfer of control or assignment of station authorization.

    (a) Authorizations shall be transferred or assigned to another 
party, voluntarily (for example, by contract) or involuntarily (for 
example, by death, bankruptcy, or legal disability), directly or 
indirectly or by transfer of control of any corporation holding such 
authorization, only upon application and approval by the Commission. A 
transfer of control or assignment of station authorization in the 
Wireless Communications Service is also subject to section 27.209.
    (1) A change from less than 50% ownership to 50% or more ownership 
shall always be considered a transfer of control.
    (2) In other situations a controlling interest shall be determined 
on a case- by-case basis considering the distribution of ownership, and 
the relationships of the owners, including family relationships.
    (3) Forbearance from pro forma assignments and transfers of control. 
WCS licensees that are telecommunications carriers as defined in 47 
U.S.C. 153 are subject to streamlined procedures for pro forma, i.e., 
non-substantial, transfers and assignments. A pro forma assignee or 
transferee is not required to seek prior FCC approval for the 
transaction, but must notify the FCC no later than 30 days after the 
event causing the assignment or transfer, either by filing an FCC Form 
490 or in letter form. If a letter is submitted, it must contain a 
certification that the transfer or assignment is non-substantial and, 
together with all previous non-substantial transactions, does not 
involve a change in the licensee's ultimate control. A single letter may 
be filed for a transfer or assignment of control of more than one 
authorization

[[Page 413]]

if each authorization affected is identified by call sign in the letter. 
Licensees must concurrently update ownership information on their FCC 
Form 430, if necessary.
    (b) Form required:
    (1) Assignment.
    (i) FCC Form 490 shall be filed to assign a license or permit.
    (ii) In the case of involuntary assignment, FCC Form 490 shall be 
filed within 30 days of the event causing the assignment.
    (2) Transfer of control.
    (i) FCC Form 490 shall be submitted in order to transfer control of 
a corporation holding a license or permit.
    (ii) In the case of involuntary transfer of control, FCC Form 490 
shall be filed within 30 days of the event causing the transfer.
    (3) Notification of completion. The Commission shall be notified by 
letter of the date of completion of the assignment or transfer of 
control, except those licensees subject to the streamlined procedures of 
paragraph (a)(3) of this section.
    (4) If the transfer of control of a license is approved, the new 
licensee is held to the original renewal requirement of Sec. 27.14.
    (c) In acting upon applications for transfer of control or 
assignment, the Commission will not consider whether the public 
interest, convenience, and necessity might be served by the transfer or 
assignment of the authorization to a person other than the proposed 
transferee or assignee.
    (d) Applicants seeking to transfer their licenses within three years 
after the initial license grant date are required to file, together with 
their transfer application, the associated contracts for sale, option 
agreements, management agreements, and all other documents disclosing 
the total consideration to be received in return for the transfer of the 
license.
    (e) Partial assignment of authorization. If the authorization for 
some, but not all, of the facilities of a Wireless Communications 
Service station is assigned to another party, voluntarily or 
involuntarily, such action is a partial assignment of authorization.
    (f) To request FCC approval of a partial assignment of 
authorization, the following must be filed in addition to the forms 
required by paragraph (b) of this section:
    (g) The assignee must apply for authority (FCC Form 600) to operate 
a new station including the facilities for which authorization is 
assigned, or to modify the assignee's existing station to include the 
facilities for which authorization was assigned.

[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 10344, Mar. 3, 1998]



Sec. 27.325  Termination of authorization.

    (a) All authorizations shall terminate on the date specified on the 
authorization, unless a timely application for renewal has been filed.
    (b) If no application for renewal has been made before the 
authorization's expiration date, a late application for renewal will 
only be considered if it is filed within 30 days of the expiration date 
and shows that the failure to file a timely application was due to 
causes beyond the applicant's control. Service to subscribers need not 
be suspended while a late filed renewal application is pending, but such 
service shall be without prejudice to Commission action on the renewal 
application and any related sanctions. See also Sec. 27.14 (Criteria for 
Comparative Renewal Proceedings).
    (c) Special Temporary Authority. A special temporary authorization 
shall automatically terminate upon failure to comply with the conditions 
in the authorization.



PART 32--UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES--Table of Contents




                           Subpart A--Preface

Sec.
32.1  Background.
32.2  Basis of the accounts.
32.3  Authority.
32.4  Communications Act.

                     Subpart B--General Instructions

32.11  Classification of companies.
32.12  Records.
32.13  Accounts--general.
32.14  Regulated accounts.
32.15  [Reserved]
32.16  Changes in accounting standards.
32.17  Interpretation of accounts.
32.18  Waivers.

[[Page 414]]

32.19  Address for reports and correspondence.
32.20  Numbering convention.
32.21  Sequence of accounts.
32.22  Comprehensive interperiod tax allocation.
32.23  Nonregulated activities.
32.24  Compensated absences.
32.25  Unusual items and contingent liabilities.
32.26  Materiality.
32.27  Transactions with affiliates.

           Subpart C--Instructions for Balance Sheet Accounts

32.101  Structure of the balance sheet accounts.
32.102  Nonregulated investments.
32.103  Balance sheet accounts for other than regulated-fixed assets to 
          be maintained.
32.1120  Cash and equivalents.
32.1130  Cash.
32.1140  Special cash deposits.
32.1150  Working cash advances.
32.1160  Temporary investments.
32.1180  Telecommunications accounts receivable.
32.1181  Accounts receivable allowance--telecommunications.
32.1190  Other accounts receivable.
32.1191  Accounts receivable allowance--other.
32.1200  Notes receivable.
32.1201  Notes receivable allowance.
32.1210  Interest and dividends receivable.
32.1220  Inventories.
32.1280  Prepayments.
32.1290  Prepaid rents.
32.1300  Prepaid taxes.
32.1310  Prepaid insurance.
32.1320  Prepaid directory expenses.
32.1330  Other prepayments.
32.1350  Other current assets.
32.1401  Investments in affiliated companies.
32.1402  Investments in nonaffiliated companies.
32.1406  Nonregulated investments.
32.1407  Unamortized debt issuance expense.
32.1408  Sinking funds.
32.1410  Other noncurrent assets.
32.1437  Deferred tax regulatory asset.
32.1438  Deferred maintenance and retirements.
32.1439  Deferred charges.
32.1500  Other jurisdictional assets--net.
32.2000  Instructions for telecommunications plant accounts.
32.2001  Telecommunications plant in service.
32.2002  Property held for future telecommunications use.
32.2003  Telecommunications plant under construction.
32.2005  Telecommunications plant adjustment.
32.2006  Nonoperating plant.
32.2007  Goodwill.
32.2110  Land and support assets.
32.2111  Land.
32.2112  Motor vehicles.
32.2113  Aircraft.
32.2114  Special purpose vehicles.
32.2115  Garage work equipment.
32.2116  Other work equipment.
32.2121  Buildings.
32.2122  Furniture.
32.2123  Office equipment.
32.2124  General purpose computers.
32.2210  Central office--switching.
32.2211  Analog electronic switching.
32.2212  Digital electronic switching.
32.2215  Electro-mechanical switching.
32.2220  Operator systems.
32.2230  Central office--transmission.
32.2231  Radio systems.
32.2232  Circuit equipment.
32.2310  Information origination/termination.
32.2311  Station apparatus.
32.2321  Customer premises wiring.
32.2341  Large private branch exchanges.
32.2351  Public telephone terminal equipment.
32.2362  Other terminal equipment.
32.2410  Cable and wire facilities.
32.2411  Poles.
32.2421  Aerial cable.
32.2422  Underground cable.
32.2423  Buried cable.
32.2424  Submarine cable.
32.2425  Deep sea cable.
32.2426  Intrabuilding network cable.
32.2431  Aerial wire.
32.2441  Conduit systems.
32.2680  Amortizable tangible assets.
32.2681  Capital leases.
32.2682  Leasehold improvements.
32.2690  Intangibles.
32.3000  Instructions for balance sheet accounts--depreciation and 
          amortization.
32.3100  Accumulated depreciation.
32.3200  Accumulated depreciation--held for future telecommunications 
          use.
32.3300  Accumulated depreciation--nonoperating.
32.3400  Accumulated amortization--tangible.
32.3410  Accumulated amortization--capitalized leases.
32.3420  Accumulated amortization--leasehold improvements.
32.3500  Accumulated amortization--intangible.
32.3600  Accumulated amortization--other.
32.4000  Instructions for balance sheet accounts--liabilities and 
          stockholders' equity.
32.4010  Account payable.
32.4020  Notes payable.
32.4030  Advance billing and payments.
32.4040  Customers' deposits.
32.4050  Current maturities--long-term debt.
32.4060  Current maturities--capital leases.

[[Page 415]]

32.4070  Income taxes--accrued.
32.4080  Other taxes--accrued.
32.4100  Net current deferred operating income taxes.
32.4110  Net current deferred nonoperating income taxes.
32.4120  Other accrued liabilities.
32.4130  Other current liabilities.
32.4210  Funded debt.
32.4220  Premium on long-term debt.
32.4230  Discount on long-term debt.
32.4240  Reacquired debt.
32.4250  Obligations under capital leases.
32.4260  Advances from affiliated companies.
32.4270  Other long-term debt.
32.4310  Other long-term liabilities.
32.4320  Unamortized operating investment tax credits--net.
32.4330  Unamortized nonoperating investment tax credits--net.
32.4340  Net noncurrent deferred operating income taxes.
32.4341  Net deferred tax liability adjustments.
32.4350  Net noncurrent deferred nonoperating income taxes.
32.4360  Other deferred credits.
32.4361  Deferred tax regulatory liability.
32.4370  Other jurisdictional liabilities and deferred credits--net.
32.4510  Capital stock.
32.4520  Additional paid-in capital.
32.4530  Treasury stock.
32.4540  Other capital.
32.4550  Retained earnings.

              Subpart D--Instructions for Revenue Accounts

32.4999  General.
32.5000  Basic local service revenue.
32.5001  Basic area revenue.
32.5002  Optional extended area revenue.
32.5003  Cellular mobile revenue.
32.5004  Other mobile services revenue.
32.5010  Public telephone revenue.
32.5040  Local private line revenue.
32.5050  Customer premises revenue.
32.5060  Other local exchange revenue.
32.5069  Other local exchange revenue settlements.
32.5080  Network access revenue.
32.5081  End user revenue.
32.5082  Switched access revenue.
32.5083  Special access revenue.
32.5084  State access revenue.
32.5100  Long distance message revenue.
32.5110  Unidirectional long distance revenue.
32.5111  Long distance inward-only revenue.
32.5112  Long distance outward-only revenue.
32.5120  Long distance private network revenue.
32.5121  Subvoice grade long distance private network revenue.
32.5122  Voice grade long distance private network revenue.
32.5123  Audio program grade long distance private network revenue.
32.5124  Video program grade long distance private network revenue.
32.5125  Digital transmission long distance private network revenue.
32.5126  Long distance private network switching revenue.
32.5128  Other long distance private network revenue.
32.5129  Other long distance private network revenue settlements.
32.5160  Other long distance revenue.
32.5169  Other long distance revenue settlements.
32.5200  Miscellaneous revenue.
32.5230  Directory revenue.
32.5240  Rent revenue.
32.5250  Corporate operations revenue.
32.5260  Miscellaneous revenue.
32.5261  Special billing arrangements revenue.
32.5262  Customer operations revenue.
32.5263  Plant operations revenue.
32.5264  Other incidental regulated revenue.
32.5269  Other revenue settlements.
32.5270  Carrier billing and collection revenue.
32.5280  Nonregulated operating revenue.
32.5300  Uncollectible revenue.
32.5301  Uncollectible revenue--telecommunications.
32.5302  Uncollectible revenue--other.

              Subpart E--Instructions for Expense Accounts

32.5999  General.
32.6110  Network support expenses.
32.6112  Motor vehicle expense.
32.6113  Aircraft expense.
32.6114  Special purpose vehicles expense.
32.6115  Garage work equipment expense.
32.6116  Other work equipment expense.
32.6120  General support expenses.
32.6121  Land and building expense.
32.6122  Furniture and artworks expense.
32.6123  Office equipment expense.
32.6124  General purpose computers expense.
32.6210  Central office switching expenses.
32.6211  Analog electronic expense.
32.6212  Digital electronic expense.
32.6215  Electro-mechanical expense.
32.6220  Operator systems expense.
32.6230  Central office transmission expense.
32.6231  Radio systems expense.
32.6232  Circuit equipment expense.
32.6310  Information origination/termination expenses.
32.6311  Station apparatus expense.
32.6341  Large private branch exchange expense.
32.6351  Public telephone terminal equipment expense.
32.6362  Other terminal equipment expense.
32.6410  Cable and wire facilities expenses.
32.6411  Poles expense.

[[Page 416]]

32.6421  Aerial cable expense.
32.6422  Underground cable expense.
32.6423  Buried cable expense.
32.6424  Submarine cable expense.
32.6425  Deep sea cable expense.
32.6426  Intrabuilding network cable expense.
32.6431  Aerial wire expense.
32.6441  Conduit systems expense.
32.6510  Other property, plant and equipment expenses.
32.6511  Property held for future telecommunications use expense.
32.6512  Provisioning expense.
32.6530  Network operations expenses.
32.6531  Power expense.
32.6532  Network administration expense.
32.6533  Testing expense.
32.6534  Plant operations administration expense.
32.6535  Engineering expense.
32.6540  Access expense.
32.6560  Depreciation and amortization expenses.
32.6561  Depreciation expense--telecommunications plant in service.
32.6562  Depreciation expense--property held for future 
          telecommunications.
32.6563  Amortization expense--tangible.
32.6564  Amortization expense--intangible.
32.6565  Amortization expense--other.
32.6610  Marketing.
32.6611  Product management.
32.6612  Sales.
32.6613  Product advertising.
32.6620  Services.
32.6621  Call completion services.
32.6622  Number services.
32.6623  Customer services.
32.6710  Executive and planning.
32.6711  Executive.
32.6712  Planning.
32.6720  General and administrative.
32.6721  Accounting and finance.
32.6722  External relations.
32.6723  Human resources.
32.6724  Information management.
32.6725  Legal.
32.6726  Procurement.
32.6727  Research and development.
32.6728  Other general and administrative.
32.6790  Provision for uncollectible notes receivable.

            Subpart F--Instructions for Other Income Accounts

32.6999  General.
32.7099  Content of accounts.
32.7100  Other operating income and expenses.
32.7110  Income from custom work.
32.7130  Return from nonregulated use of regulated facilities.
32.7140  Gains and losses from foreign exchange.
32.7150  Gains and losses from disposition of land and artworks.
32.7160  Other operating gains and losses.
32.7199  Content of accounts.
32.7200  Operating taxes.
32.7210  Operating investment tax credits--net.
32.7220  Operating Federal income taxes.
32.7230  Operating state and local income taxes.
32.7240  Operating other taxes.
32.7250  Provision for deferred operating income taxes--net.
32.7299  Content of accounts.
32.7300  Nonoperating income and expense.
32.7310  Dividend income.
32.7320  Interest income.
32.7330  Income from sinking and other funds.
32.7340  Allowance for funds used during construction.
32.7350  Gains or losses from the disposition of certain property.
32.7360  Other nonoperating income.
32.7370  Special charges.
32.7399  Content of accounts.
32.7400  Nonoperating taxes.
32.7410  Nonoperating investment tax credits--net.
32.7420  Nonoperating Federal income taxes.
32.7430  Nonoperating state and local income taxes.
32.7440  Nonoperating other taxes.
32.7450  Provision for deferred nonoperating income taxes--net.
32.7499  Content of accounts.
32.7500  Interest and related items.
32.7510  Interest on funded debt.
32.7520  Interest expense--capital leases.
32.7530  Amortization of debt issuance expense.
32.7540  Other interest deductions.
32.7599  Content of accounts.
32.7600  Extraordinary items.
32.7610  Extraordinary income credits.
32.7620  Extraordinary income charges.
32.7630  Current income tax effect of extraordinary items--net.
32.7640  Provision for deferred income tax effect of extraordinary 
          items--net.
32.7899  Content of accounts.
32.7910  Income effect of jurisdictional ratemaking differences--net.
32.7990  Nonregulated net income.

                           Subpart G--Glossary

32.9000  Glossary of terms.

    Authority: 47 U.S.C. 154(i), 154(j) and 220 as amended, unless 
otherwise noted..

    Source: 51 FR 43499, Dec. 2, 1986, unless otherwise noted.

[[Page 417]]



                           Subpart A--Preface



Sec. 32.1  Background.

    The revised Uniform System of Accounts (USOA) is a historical 
financial accounting system which reports the results of operational and 
financial events in a manner which enables both management and 
regulators to assess these results within a specified accounting period. 
The USOA also provides the financial community and others with financial 
performance results. In order for an accounting system to fulfill these 
purposes, it must exhibit consistency and stability in financial 
reporting (including the results published for regulatory purposes). 
Accordingly, the USOA has been designed to reflect stable, recurring 
financial data based to the extent regulatory considerations permit upon 
the consistency of the well established body of accounting theories and 
principles commonly referred to as generally accepted accounting 
principles.



Sec. 32.2  Basis of the accounts.

    (a) The financial accounts of a company are used to record, in 
monetary terms, the basic transactions which occur. Certain natural 
groupings of these transactions are called (in different contexts) 
transaction cycles, business processes, functions or activities. The 
concept, however, is the same in each case; i.e., the natural groupings 
represent what happens within the company on a consistent and continuing 
basis. This repetitive nature of the natural groupings, over long 
periods of time, lends an element of stability to the financial account 
structure.
    (b) Within the telecommunications industry companies, certain 
recurring functions (natural groupings) do take place in the course of 
providing products and services to customers. These accounts reflect, to 
the extent feasible, those functions. For example, the primary bases of 
the accounts containing the investment in telecommunications plant are 
the functions performed by the assets. In addition, because of the 
anticipated effects of future innovations, the telecommunications plant 
accounts are intended to permit technological distinctions. Similarly, 
the primary bases of plant operations, customer operations and corporate 
operations expense accounts are the functions performed by individuals. 
The revenue accounts, on the other hand, reflect a market perspective of 
natural groupings based primarily upon the products and services 
purchased by customers.
    (c) In the course of developing the bases for this account 
structure, several other alternatives were explored. It was, for 
example, determined that, because of the variety and continual changing 
of various cost allocation mechanisms, the financial accounts of a 
company should not reflect an a priori allocation of revenues, 
investments or expenses to products or services, jurisdictions or 
organizational structures. (Note also Sec. 32.14 (c) and (d) of subpart 
B.) It was also determined that costs (in the case of assets) should not 
be recorded based solely upon physical attributes such as location, 
description or size.
    (d) Care has been taken in this account structure to avoid confusing 
a function with an organizational responsibility, particularly as it 
relates to the expense accounts. Whereas in the past, specific 
organizations may have performed specific functions, the future 
environment with its increasing mechanization and other changes will 
result in entirely new or restructured organizations. Thus, any 
relationships drawn between organizations and accounts would become 
increasingly meaningless with the passage of time.
    (e) These accounts, then, are intended to reflect a functional and 
technological view of the telecommunications industry. This view will 
provide a stable and consistent foundation for the recording of 
financial data.
    (f) The financial data contained in the accounts, together with the 
detailed information contained in the underlying financial and other 
subsidiary records required by this Commission, will provide the 
information necessary to support separations, cost of service and 
management reporting requirements. The basic account structure has been 
designed to remain stable as reporting requirements change.

[[Page 418]]



Sec. 32.3  Authority.

    This Uniform System of Accounts has been prepared under the 
following authority: Section 4 of the Communications Act of 1934, as 
amended, 47 U.S.C. section 154 (1984); sections 219, 220 of the 
Communications Act of 1934, as amended, 47 U.S.C. sections 219, 220, 
(1984).



Sec. 32.4  Communications Act.

    Attention is directed to the following extract from section 220 of 
the Communications Act of 1934, 47 U.S.C. 220 (1984):

    (e) Any person who shall willfully make any false entry in the 
accounts of any book of accounts or in any record or memoranda kept by 
any such carrier, or who shall willfully destroy, mutilate, alter, or by 
any other means or device falsify any such account, record, or 
memoranda, or who shall willfully neglect or fail to make full, true, 
and correct entries in such accounts, records, or memoranda of all facts 
and transactions appertaining to the business of the carrier, shall be 
deemed guilty of a misdemeanor, and shall be subject, upon conviction, 
to a fine of not less than $1,000 nor more than $5,000 or imprisonment 
for a term of not less than one year nor more than three years, or both 
such fine and imprisonment: Provided, that the Commission may in its 
discretion issue orders specifying such operating, accounting or 
financial papers, records, books, blanks, or documents which may, after 
a reasonable time, be destroyed, and prescribing the length of time such 
books, papers, or documents shall be preserved.


For regulations governing the periods for which records are to be 
retained, see part 42, Preservation of Records of Communications Common 
Carriers, of this chapter which relates to preservation of records.



                     Subpart B--General Instructions



Sec. 32.11  Classification of companies.

    (a) For accounting purposes, companies are divided into classes as 
follows:
    (1) Class A. Companies having annual revenues from regulated 
telecommunications operations that are equal to or above the indexed 
revenue threshold.
    (2) Class B. Companies having annual revenues from regulated 
telecommunications operations that are less than the indexed revenue 
threshold.
    (b) Class A companies shall keep all the accounts of this system of 
accounts which are applicable to their affairs and are designated as 
Class A accounts. These companies shall also keep Basic Property Records 
in compliance with the requirements of Sec. 32.2000 (e) and (f) of 
subpart C.
    (c) Class B companies shall keep all accounts of this system of 
accounts which are applicable to their affairs and are designated as 
Class B accounts. These companies shall also keep Continuing Property 
Records in compliance with the requirements of Secs. 32.2000(e)(7)(A) 
and 32.2000(f) of subpart C.
    (d) Class B companies that desire more detailed accounting may adopt 
the accounts prescribed for Class A companies upon the submission of a 
written notification to the Commission.
    (e) The initial classification of a company shall be determined by 
its lowest annual operating revenues for the five immediately preceding 
years. Subsequent changes in classification shall be made when the 
annual operating revenues show a greater or lesser classification for 
five consecutive years. Companies becoming subject to the jurisdiction 
of the Commission and not having revenue data for the five immediately 
preceding years shall estimate the amount of their annual revenues and 
adopt the scheme of accounts appropriate for the amount of such 
estimated revenues.

[51 FR 43499, Dec. 2, 1986, as amended at 61 FR 50245, Sept. 25, 1996; 
62 FR 39777, July 24, 1997]



Sec. 32.12  Records.

    (a) The company's financial records shall be kept in accordance with 
generally accepted accounting principles to the extent permitted by this 
system of accounts.
    (b) The company's financial records shall be kept with sufficient 
particularity to show fully the facts pertaining to all entries in these 
accounts. The detail records shall be filed in such manner as to be 
readily accessible for examination by representatives of this 
Commission.
    (c) The Commission shall require a company to maintain financial and

[[Page 419]]

other subsidiary records in such a manner that specific information, of 
a type not warranting disclosure as an account or subaccount, will be 
readily available. When this occurs, or where the full information is 
not otherwise recorded in the general books, the subsidiary records 
shall be maintained in sufficient detail to facilitate the reporting of 
the required specific information. The subsidiary records, in which the 
full details are shown, shall be sufficiently referenced to permit ready 
identification and examination by representatives of this Commission.



Sec. 32.13  Accounts--general.

    (a) As a general rule, all accounts kept by reporting companies 
shall conform in numbers and titles to those prescribed herein. However, 
reporting companies may use different numbers for internal purposes when 
separate accounts (or subaccounts) maintained are consistent with the 
title and content of accounts and subaccounts prescribed in this system.
    (1) For Class A reporting companies, accounts which are clearly 
summaries of other accounts or subaccounts are to be used for reporting 
purposes and are not otherwise required to be maintained.
    (2) A company may subdivide any of the accounts prescribed. The 
titles of all such subaccounts shall refer by number or title to the 
controlling account.
    (3) A company may establish temporary or experimental accounts 
provided that within 30 days of the opening of such accounts the company 
notifies the Commission of the nature and purpose thereof.
    (b) Exercise of the preceding options shall be allowed only if the 
integrity of the prescribed accounts is not impaired.
    (c) As of the date a company becomes subject to the system of 
accounts, the company is authorized to make any such subdivisions, 
reclassifications or consolidations of existing balances as are 
necessary to meet the requirements of this system of accounts.
    (d) Nothing contained in this part shall prohibit or excuse any 
company, receiver, or operating trustee of any carrier from subdividing 
the accounts hereby prescribed for the purpose of:
    (1) Complying with the requirements of the state commission(s) 
having jurisdiction; or
    (2) Securing the information required in the prescribed reports to 
such commission(s).
    (e) Where the use of subsidiary records is considered necessary in 
order to secure the information required in reports to any state 
commission, the company shall incorporate the following controls into 
their accounting system with respect to such subsidiary records:
    (1) Subsidiary records shall be reconciled to the company's general 
ledger or books of original entry, as appropriate.
    (2) The company shall adequately document the accounting procedures 
related to subsidiary records.
    (3) The subsidiary records shall be maintained at an adequate level 
of detail to satisfy state regulators.



Sec. 32.14  Regulated accounts.

    (a) In the context of this part, the regulated accounts shall be 
interpreted to include the investments, revenues and expenses associated 
with those telecommunications products and services to which the tariff 
filing requirements contained in Title II of the Communications Act of 
1934, as amended, are applied, except as may be otherwise provided by 
the Commission. Regulated telecommunications products and services are 
thereby fully subject to the accounting requirements as specified in 
Title II of the Communications Act of 1934, as amended, and as detailed 
in subparts A through F of this part of the Commission's Rules and 
Regulations.
    (b) In addition to those amounts considered to be regulated by the 
provisions of paragraph (a) of this section, those telecommunications 
products and services to which the tariff filing requirements of the 
several state jurisdictions are applied shall be accounted for as 
regulated, except where such treatment is proscribed or otherwise 
excluded from the requirements pertaining to regulated 
telecommunications products and services by this Commission.

[[Page 420]]

    (c) In the application of detailed accounting requirements contained 
in this part, when a regulated activity involves the common or joint use 
of assets and resources in the provision of regulated and nonregulated 
products and services, companies shall account for these activities 
within the accounts prescribed in this system for telephone company 
operations. Assets and expenses shall be subdivided in subsidiary 
records among amounts solely assignable to nonregulated activities, 
amounts solely assignable to regulated activities, and amounts related 
to assets used and expenses incurred jointly or in common, which will be 
allocated between regulated and nonregulated activities. Companies shall 
submit reports identifying regulated and nonregulated amounts in the 
manner and at the times prescribed by this Commission. Nonregulated 
revenue items not qualifying for incidental treatment, as provided in 
Sec. 32.4999(l), shall be recorded in Account 5280, Nonregulated 
operating revenue.
    (d) Other income items which are incidental to the provision of 
regulated products and services shall be accounted for as regulated 
activities.
    (e) All costs and revenues related to the offering of regulated 
products and services which result from arrangements for joint 
participation or apportionment between two or more telephone companies 
(e.g., joint operating agreements, settlement agreements, cost-pooling 
agreements) shall be recorded within the detailed accounts. Under joint 
operating agreements, the creditor will initially charge the entire 
expenses to the appropriate primary accounts. The proportion of such 
expenses borne by the debtor shall be credited by the creditor and 
charged by the debtor to the account initially charge. Any allowances 
for return on property used will be accounted for as provided in Account 
5240, Rent Revenue.
    (f) All items of nonregulated revenue, investment and expense that 
are not properly includible in the detailed, regulated accounts 
prescribed in subparts A through F of this part, as determined by 
paragraphs (a) through (e) of this section shall be accounted for and 
included in reports to this Commission as specified in Sec. 32.23 of 
this subpart.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6560, Mar. 4, 1987; 53 
FR 49321, Dec. 7, 1988]



Sec. 32.15  [Reserved]



Sec. 32.16  Changes in accounting standards.

    (a) The company's records and accounts shall be adjusted to apply 
new accounting standards prescribed by the Financial Accounting 
Standards Board or successor authoritative accounting standard-setting 
groups, in a manner consistent with generally accepted accounting 
principles. Commission approval of a change in accounting standard will 
automatically take effect 90 days after the company informs this 
Commission of its intention to follow the new standard, unless the 
Commission notifies the company to the contrary. Concurrent with 
informing this Commission of its intent to adopt an accounting standards 
change, the company shall also file a revenue requirement study for the 
current year and a projection for three years into the future analyzing 
the effects of the accounting standards change. Furthermore, any change 
subsequently adopted shall be disclosed in annual reports to this 
Commission.
    (b) The changes in accounting standards which this Commission 
approves will not necessarily be binding on the ratemaking practices of 
the various state commissions.



Sec. 32.17  Interpretation of accounts.

    To the end that uniform accounting shall be maintained within the 
prescribed system, questions involving matters of significant which are 
not clearly provided for shall be submitted to the Chief, Common Carrier 
Bureau, for explanation, interpretation, or resolution. Questions and 
answers thereto with respect to this system of accounts will be 
maintained by the Common Carrier Bureau.



Sec. 32.18  Waivers.

    A waiver from any provision of this system of accounts shall be made 
by the Federal Communications Commission upon its own initiative or upon 
the submission of written request

[[Page 421]]

therefor from any telecommunications company, or group of 
telecommunications companies, provided that such a waiver is in the 
public interest and each request for waiver expressly demonstrates that: 
existing peculiarities or unusual circumstances warrant a departure from 
a prescribed procedure or technique; a specifically defined alternative 
procedure or technique will result in a substantially equivalent or more 
accurate portrayal of operating results or financial condition, 
consistent with the principles embodied in the provisions of this system 
of accounts; and the application of such alternative procedure will 
maintain or improve uniformity in substantive results as among 
telecommunications companies.



Sec. 32.19  Address for reports and correspondence.

    Reports, statements, and correspondence submitted to the Federal 
Communications Commission in accordance with or relating to instructions 
and requirements contained herein shall be addressed to the Common 
Carrier Bureau, Federal Communications Commission, Washington, DC 20554.



Sec. 32.20  Numbering convention.

    (a) The number ``32'' (appearing to the left of the first decimal 
point) indicates the part number.
    (b) The numbers immediately following to the right of the decimal 
point indicate, respectively, the section or account. All Part 32 
Account numbers contain 4 digits to-the-right-of the decimal point.
    (c) Cross references to accounts are made by citing the account 
numbers to the right of the decimal point; e.g., Account 2232 rather 
than the corresponding complete part 32 reference number 32.2232.



Sec. 32.21  Sequence of accounts.

    The order in which the accounts are presented in this system of 
accounts is not to be considered as necessarily indicative of the order 
in which they will be scheduled at all times in reports to this 
Commission.



Sec. 32.22  Comprehensive interperiod tax allocation.

    (a) Companies shall apply interperiod tax allocation (tax 
normalization) to all book/tax temporary differences which would be 
considered material for published financial report purposes. 
Furthermore, companies shall also apply interperiod tax allocation if 
any item or group of similar items when aggregated would yield debit or 
credit entries which exceed or would exceed 5 percent of the gross 
deferred income tax expense debits or credits during any calendar year 
over the life of the temporary difference. The tax effects of book/tax 
temporary differences shall be normalized and the deferrals shall be 
included in the following accounts:

4100, Net Current Deferred Operating Income Taxes;
4110, Net Current Deferred Nonoperating Income Taxes;
4340, Net Noncurrent Deferred Operating Income Taxes;
4350, Net Noncurrent Deferred Nonoperating Income Taxes.

    In lieu of the accounting prescribed herein, any company shall treat 
the increase or reduction in current income taxes payable resulting from 
the use of flow through accounting in prior years as an increase or 
reduction in current tax expense.
    (b) Supporting documentation shall be maintained so as to separately 
identify the amount of deferred taxes which arise from the use of an 
accelerated method of depreciation.
    (c) Subsidiary records shall be used to reduce the deferred tax 
assets contained in the accounts specified in paragraph (a) of this 
section when it is likely that some portion or all of the deferred tax 
asset will not be realized. The amount recorded in the subsidiary record 
should be sufficient to reduce the deferred tax asset to the amount that 
is likely to be realized.
    (d) The records supporting the activity in the deferred income tax 
accounts shall be maintained in sufficient detail to identify the nature 
of the specific temporary differences giving rise to both the debits and 
credits to the individual accounts.

[[Page 422]]

    (e) Any company that uses accelerated depreciation (or recognizes 
taxable income or losses upon the retirement of property) for income tax 
purposes shall normalize the tax differentials occasioned thereby as 
indicated in paragraphs (e)(1) and (e)(2) of this section.
    (1) With respect to the retirement of property the book/tax 
difference between (i) the recognition of proceeds as income and the 
accrual for salvage value and (ii) the book and tax capital recovery, 
shall be normalized.
    (2) Records shall be maintained so as to show the deferred tax 
amounts by vintage year separately for each class or subclass of 
eligible depreciable telephone plant for which an accelerated method of 
depreciation has been used for income tax purposes. When property is 
transferred to nonregulated activities, the associated deferred income 
taxes and unamortized investment tax credits shall also be identified 
and transferred to the appropriate nonregulated accounts.
    (f) The tax differentials to be normalized as specified in this 
section shall also encompass the additional effect of state and local 
income tax changes on Federal income taxes produced by the provision for 
deferred state and local income taxes for book/tax temporary differences 
related to such income taxes.
    (g) Companies that receive the tax benefits from the filing of a 
consolidated income tax return by the parent company, (pursuant to 
closing agreements with the Internal Revenue Service, effective January 
1, 1966) representing the deferred income taxes from the elimination of 
intercompany profits for income tax purposes on sales of regulated 
equipment, may credit such deferred taxes directly to the plant account 
which contains such intercompany profit rather than crediting such 
deferred taxes to the applicable accounts in paragraph (a) of this 
section. If the deferred income taxes are recorded as a reduction of the 
appropriate plant accounts, such reduction shall be treated as reducing 
the original cost of the plant and accounted for as such.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9418, Feb. 28, 1994]



Sec. 32.23  Nonregulated activities.

    (a) This section describes the accounting treatment of activities 
classified for accounting purposes as ``nonregulated.'' Preemptively 
deregulated activities and activities (other than incidental activities) 
never subject to regulation will be classified for accounting purposes 
as ``nonregulated.'' Activities that qualify for incidental treatment 
under the policies of this Commission will be classified for accounting 
purposes as regulated activities. Activities that have been deregulated 
by a state will be classified for accounting purposes as regulated 
activities. Activities that have been deregulated at the interstate 
level, but not preemptively deregulated, will be classified for 
accounting purposes as regulated activities until such time as this 
Commission decides otherwise. The treatment of nonregulated activities 
shall differ depending on the extent of the common or joint use of 
assets and resources in the provision of both regulated and nonregulated 
products and services.
    (b) When a nonregulated activity does not involve the joint or 
common use of assets and resources in the provision of both regulated 
and nonregulated products and services, carriers shall account for these 
activities on a separate set of books consistent with instructions set 
forth in Secs. 32.1406 and 32.7990. Transfers of assets, and sales of 
products and services between the regulated activity and a nonregulated 
activity for which a separate set of books is maintained, shall be 
accounted for in accordance with the rules presented in Sec. 32.27, 
Transactions with Affiliates. In the separate set of books, carriers may 
establish whatever detail they deem appropriate beyond what is necessary 
to provide this Commission with the information required in 
Secs. 32.1406 and 32.7990.
    (c) When a nonregulated activity does involve the common or joint 
use of assets and resources in the provision of regulated and 
nonregulated products and services, carriers shall account for these 
activities within accounts prescribed in this system for telephone 
company operations. Assets and expenses shall be subdivided in 
subsidiary

[[Page 423]]

records among amounts solely assignable to nonregulated activities, 
amounts solely assignable to regulated activities, and amounts related 
to assets and expenses incurred jointly or in common, which will be 
allocated between regulated and nonregulated activities. Carriers shall 
submit reports identifying regulated and nonregulated amounts in the 
manner and at the times prescribed by this Commission. Nonregulated 
revenue items not provided for elsewhere in this system of accounts and 
not qualifying for incidental treatment as provided in Sec. 32.4999(1), 
shall be recorded in separate subsidiary record categories of Account 
5280, Nonregulated operating revenue. Amounts assigned or allocated to 
regulated products or services shall be subject to part 36 of this 
chapter.

[52 FR 6560, Mar. 4, 1987, as amended at 53 FR 49322, Dec. 7, 1988; 59 
FR 46930, Sept. 13, 1994]



Sec. 32.24  Compensated absences.

    (a) Companies shall record a liability and charge the appropriate 
expense accounts for compensated absences (vacations, sick leave, etc.) 
in the year in which these benefits are earned by employees.
    (b) With respect to the liability that exists for compensated 
absences which is not yet recorded on the books as of the effective date 
of this part, the liability shall be recorded in Account 4120, Other 
Accrued Liabilities, with a corresponding entry to Account 1439, 
Deferred Charges. This deferred charge shall be amortized on a straight 
line basis over a period of ten years.
    (c) Records shall be maintained so as to show that no more than ten 
percent of the deferred charge is being amortized each year.



Sec. 32.25  Unusual items and contingent liabilities.

    Extraordinary items, prior period adjustments and contingent 
liabilities shall be submitted to this Commission for review before 
being recorded in the company's books of account. The materiality of 
corrections of errors in prior periods shall be measured in relation to 
the summary account level used for reporting purposes for Class A 
carriers, or in relation to total operating revenues or total operating 
expenses for Class B carriers. For Class A carriers, no correction in 
excess of one percent of the aggregate summary account dollars or one 
million dollars, whichever is higher, may be recorded in current 
operating accounts without prior approval. For Class B carriers, no 
correction which exceeds one percent of total operating revenues or one 
percent of total operating expenses, depending on the nature of the 
item, may be recorded in current operating accounts without prior 
approval.

[52 FR 43917, Nov. 17, 1987]



Sec. 32.26  Materiality.

    Companies shall follow this system of accounts in recording all 
financial and statistical data irrespective of an individual item's 
materiality under GAAP, unless a waiver has been granted under the 
provisions of Sec. 32.18 of this subpart to do otherwise.



Sec. 32.27  Transactions with affiliates.

    (a) Unless otherwise approved by the Chief, Common Carrier Bureau, 
transactions with affiliates involving asset transfers into or out of 
the regulated accounts shall be recorded by the carrier in its regulated 
accounts as provided in paragraphs (b) through (f) of this section.
    (b) Assets sold or transferred between a carrier and its affiliate 
pursuant to a tariff, including a tariff filed with a state commission, 
shall be recorded in the appropriate revenue accounts at the tariffed 
rate. Non-tariffed assets sold or transferred between a carrier and its 
affiliate that qualify for prevailing price valuation, as defined in 
paragraph (d) of this section, shall be recorded at the prevailing 
price. For all other assets sold by or transferred from a carrier to its 
affiliate, the assets shall be recorded at the higher of fair market 
value and net book cost. For all other assets purchased by or transfered 
to a carrier from its affiliate, the assets shall be recorded at the 
lower of fair market value and net book cost. For purposes of this 
section carriers are required to make a good faith determination of fair 
market value.
    (c) Services provided between a carrier and its affiliate pursuant 
to a tariff, including a tariff filed with a state

[[Page 424]]

commission, shall be recorded in the appropriate revenue accounts at the 
tariffed rate. Non-tariffed services provided between a carrier and its 
affiliate pursuant to publicly-filed agreements submitted to a state 
commission pursuant to section 252(e) of the Communications Act of 1934 
or statements of generally available terms pursuant to section 252(f) 
shall be recorded using the charges appearing in such publicly-filed 
agreements or statements. Non-tariffed services provided between a 
carrier and its affiliate that qualify for prevailing price valuation, 
as defined in paragraph (d) of this section, shall be recorded at the 
prevailing price. For all other services provided by a carrier to its 
affiliate, the services shall be recorded at the higher of fair market 
value and fully distributed cost. For all other services received by a 
carrier from its affiliate, the service shall be recorded at the lower 
of fair market value and fully distributed cost, except that services 
received by a carrier from its affiliate that exist solely to provide 
services to members of the carrier's corporate family shall be recorded 
at fully distributed cost. For purposes of this section carriers are 
required to make a good faith determination of fair market value.
    (d) In order to qualify for prevailing price valuation in paragraphs 
(b) and (c) of this section, sales of a particular asset or service to 
third parties must encompass greater than 50 percent of the total 
quantity of such product or service sold by an entity. Carriers shall 
apply this 50 percent threshold on a asset-by-asset and service-by-
service basis, rather than on a product line or service line basis. In 
the case of transactions for assets and services subject to section 272, 
a BOC may record such transactions at prevailing price regardless of 
whether the 50 percent threshold has been satisfied.
    (e) Income taxes shall be allocated among the regulated activities 
of the carrier, its nonregulated divisions, and members of an affiliated 
group. Under circumstances in which income taxes are determined on a 
consolidated basis by the carrier and other members of the affiliated 
group, the income tax expense to be recorded by the carrier shall be the 
same as would result if determined for the carrier separately for all 
time periods, except that the tax effect of carry-back and carry-forward 
operating losses, investment tax credits, or other tax credits generated 
by operations of the carrier shall be recorded by the carrier during the 
period in which applied in settlement of the taxes otherwise 
attributable to any member, or combination of members, of the affiliated 
group.
    (f) Companies that employ average schedules in lieu of actual costs 
are exempt from the provisions of this section. For other organizations, 
the principles set forth in this section shall apply equally to 
corporations, proprietorships, partnerships and other forms of business 
organizations.

[52 FR 6561, Mar. 4, 1987; 52 FR 39534, Oct. 22, 1987, as amended at 62 
FR 2925, Jan. 21, 1997]



           Subpart C--Instructions for Balance Sheet Accounts



Sec. 32.101  Structure of the balance sheet accounts.

    The Balance Sheet accounts shall be maintained as follows:

    Account 1120, Cash and Equivalents, through Account 1500, Other 
Jurisdictional Assets--Net, shall include assets other than regulated-
fixed assets.
    Account 2001, Telecommunications Plant in Service, through Account 
2007, Goodwill, shall include the regulated fixed assets.
    Account 3100, Accumulated Depreciation through Account 3600, 
Accumulated Amortization--Other, shall include the asset and deferred 
tax reserves.
    Account 4010, Accounts Payable, through Account 4550, Retained 
Earnings, shall include all liabilities and stockholders equity.



Sec. 32.102  Nonregulated investments.

    Nonregulated investments shall include the investment in 
nonregulated activities that are conducted through the same legal entity 
as the telephone company operations, but do not involve the joint or 
common use of assets or resources in the provision of both regulated and 
nonregulated products and services. See Secs. 32.14 and 32.23.

[52 FR 6561, Mar. 4, 1987]

[[Page 425]]



Sec. 32.103  Balance sheet accounts for other than regulated-fixed assets to be maintained.

                         Balance Sheet Accounts
------------------------------------------------------------------------
                                                       Class A   Class B
                    Account title                      account   account
------------------------------------------------------------------------
                   Current Assets
 
Cash and equivalents:
    Cash and equivalents............................  ........      1120
    Cash............................................      1130  ........
    Special cash deposits...........................      1140  ........
    Working cash advances...........................      1150  ........
    Temporary investments...........................      1160  ........
Receivables and allowances for doubtful accounts:
    Telecommunications accounts receivable..........      1180      1180
    Accounts receivable allowance--
     telecommunications.............................      1181      1181
    Other accounts receivable.......................      1190      1190
    Accounts receivable allowance--other............      1191      1191
    Notes receivable................................      1200      1200
    Notes receivable allowance......................      1201      1201
    Interest and dividends receivable...............      1210      1210
Supplies:
    Material and supplies...........................      1220      1220
Prepayments:
    Prepayments.....................................  ........      1280
    Prepaid rents...................................      1290  ........
    Prepaid taxes...................................      1300  ........
    Prepaid insurance...............................      1310  ........
    Prepaid directory expenses......................      1320  ........
    Other prepayments...............................      1330  ........
Other current assets:
    Other current assets............................      1350      1350
 
                  Noncurrent Assets
 
Investments:
    Investment in affiliated companies..............      1401      1401
    Investments in nonaffiliated companies..........      1402      1402
    Nonregulated investments........................      1406      1406
    Unamortized debt issuance expense...............      1407      1407
    Sinking funds...................................      1408      1408
    Other noncurrent assets.........................      1410      1410
Deferred charges:
    Deferred tax regulatory asset...................      1437      1437
    Deferred maintenance and retirements............      1438      1438
    Deferred charges................................      1439      1439
Other:
    Other jurisdictional assets--net................      1500      1500
------------------------------------------------------------------------


[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9418, Feb. 28, 1994]



Sec. 32.1120  Cash and equivalents.

    This account shall be used by Class B companies to record assets of 
the type required of Class A companies in Accounts 1130 through 1160.



Sec. 32.1130  Cash.

    (a) This account shall include the amount of current funds available 
for use on demand in the hands of financial officers and agents, 
deposited in banks or other financial institutions and also funds in 
transit for which agents have received credit.
    (b) Working cash advances shall be included in Account 1150, Working 
Cash Advances.



Sec. 32.1140  Special cash deposits.

    (a) This account shall include the amount of cash on special 
deposit, other than in sinking and other special funds provided for 
elsewhere, to pay dividends, interest, and other debts, when such 
payments are due one year or less from the date of deposit; the amount 
of cash deposited to insure the performance of contracts to be performed 
within one year from date of the deposit; and other cash deposits of a 
special nature not provided for elsewhere. This account shall include 
the amount of cash deposited with trustees to be held until mortgaged 
property sold, destroyed, or otherwise disposed of is replaced, and also 
cash realized from the sale of the company's securities and deposited 
with trustees to be held until invested in physical property of the 
company or for disbursement when the purposes for which the securities 
were sold are accomplished.
    (b) Cash on deposit in special accounts where the funds are 
available for the current requirements of the company shall be included 
in Account 1130, Cash.
    (c) Cash on special deposit to be held for more than one year from 
the date of deposit shall be included in Account 1410, Other Noncurrent 
Assets.



Sec. 32.1150  Working cash advances.

    This account shall include the amount of cash advanced to officers, 
agents, employees, and others as petty cash or working funds from which 
expenditures are to be made and accounted for.



Sec. 32.1160  Temporary investments.

    (a) This account shall include the cost of current securities 
acquired for the purpose of temporarily investing cash, such as time 
drafts receivable and time loans, bankers' acceptances, United States 
Treasury certificates, marketable securities, and other similar 
investments of a temporary character.

[[Page 426]]

    (b) Accumulated changes in the net unrealized losses of current 
marketable equity securities shall be included in the determination of 
net income in the period in which they occur in Account 7360, Other 
Nonoperating Income.
    (c) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.1180  Telecommunications accounts receivable.

    (a) This account shall include all amounts due from customers for 
services rendered or billed and from agents and collectors authorized to 
make collections from customers. This account shall also include all 
amounts due from customers or agents for products sold. This account 
shall be kept in such manner as will enable the company to make the 
following analysis:
    (1) Amounts due from customers who are receiving telecommunications 
service.
    (2) Amounts due from customers who are not receiving service and 
whose accounts are in process of collection.
    (b) Collections in excess of amounts charged to this account may be 
credited to and carried in this account until applied against charges 
for services rendered or until refunded.
    (c) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.1181  Accounts receivable allowance--telecommunications.

    (a) This account shall be credited with amounts charged to Account 
5301, Uncollectible Revenue--Telecommunications, to provide for 
uncollectible amounts included in Account 1180, Telecommunications 
Accounts Receivable. There shall also be credited to this account 
amounts collected which previously had been written off through charges 
to this account and credits to Account 1180. There shall be charged to 
this account any amounts covered thereby which have been found to be 
impracticable of collection.
    (b) If no such allowance is maintained, uncollectible amounts shall 
be charged directly to Account 5301, Uncollectible Revenue--
Telecommunications.
    (c) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.1190  Other accounts receivable.

    (a) This account shall include all amounts currently due, and not 
provided for in other accounts, such as those for traffic settlements, 
divisions of revenue, material and supplies, matured rents, and interest 
receivable under monthly settlements on short-term loans, advances, and 
open accounts.
    (b) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.
    (c) Amounts included in this account pertaining to affiliates shall 
not include amounts receivable from sales of telecommunications service 
provided at tariffed rates. Such amounts shall be included in Account 
1180, Telecommunications Accounts Receivable.
    (d) If any items included in this account are not to be paid 
currently they shall be transferred to Account 1410, Other Noncurrent 
Assets, or 1401, Investments in Affiliated Companies, as appropriate.



Sec. 32.1191  Accounts receivable allowance--other.

    (a) This account shall be credited with amounts charged to Account 
5302, Uncollectible Revenue--Other to provide for uncollectible amounts 
included in Account 1190, Other Accounts Receivable. There shall also be 
credited to this account amounts collected

[[Page 427]]

which previously had been written off through charges to this account 
and credits to Account 1190. There shall be charged to this account any 
amounts covered thereby which have been found to be impracticable of 
collection.
    (b) If no such allowance is maintained, uncollectible amounts shall 
be charged directly to Account 5302, Uncollectible Revenue--Other.
    (c) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.1200  Notes receivable.

    (a) This account shall include the cost of demand or time notes, 
bills and drafts receivable, or other similar evidences (except interest 
coupons) of money receivable on demand or within a time not exceeding 
one year from date of issue.
    (b) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.1201  Notes receivable allowance.

    (a) This account shall be credited with amounts charged Account 
6790, Provision for Uncollectible Notes Receivable to provide for 
uncollectible amounts included in Account 1200, Notes Receivable. There 
shall also be credited to this account amounts collected which 
previously had been written off through charges to this account and 
credits to Account 1200. There shall be charged to this account any 
amounts covered thereby which have been found to be impracticable of 
collection.
    (b) If no such allowance is maintained, uncollectible amounts shall 
be charged directly to Account 6790, Provision for Uncollectible Notes 
Receivable.
    (c) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.1210  Interest and dividends receivable.

    (a) This account shall include the amount of interest accrued to the 
date of the balance sheet on bonds, notes, and other commercial paper 
owned, on loans made, and the amount of dividends receivable on stocks 
owned.
    (b) This account shall not include dividends or other returns on 
securities issued or assumed by the company and held by or for it, 
whether pledged as collateral, or held in its treasury, in special 
deposits, or in sinking and other funds.
    (c) Interest receivable under monthly settlements on short-term 
loans, advances, and open accounts, shall be included in Account 1180, 
Telecommunications Accounts Receivable or Account 1190, Other Accounts 
Receivable, as appropriate.
    (d) Dividends received and receivable from affiliated companies 
accounted for on the equity method shall be included in Account 1401, 
Investments in Affiliated Companies, as a reduction of the carrying 
value of the investment.



Sec. 32.1220  Inventories.

    (a) This account shall include the cost of materials and supplies 
held in stock and inventories of goods held for resale or lease. The 
investment in inventories shall be maintained in the following 
subaccounts:

1220.1 Material and supplies
1220.2 Property held for sale or lease

    (b) These subaccounts shall not include items which are related to a 
nonregulated activity unless that activity involves joint or common use 
of assets and resources in the provision of regulated and nonregulated 
products and services.
    (c) 1220.1 Material and supplies. This subaccount shall include cost 
of material and supplies held in stock including plant supplies, motor 
vehicles supplies, tools, fuel, other supplies and material and articles 
of the company in process of manufacture for supply

[[Page 428]]

stock. (Note also Sec. 32.2000(c)(2)(iii) of this subpart.)
    (d) Transportation charges and sales and use taxes, so far as 
practicable, shall be included as a part of the cost of the particular 
material to which they relate. Transportation and sales and use taxes 
which are not included as part of the cost of particular material shall 
be equitably apportioned among the detail accounts to which material is 
charged.
    (e) So far as practicable, cash and other discount on material shall 
be deducted in determining cost of the particular material to which they 
relate or credited to the account to which the material is charged. When 
such deduction is not practicable, discounts shall be equitably 
apportioned among the detail accounts to which material is charged.
    (f) Material recovered in connection with construction, maintenance 
or retirement of property shall be charged to this account as follows:
    (1) Reusable items that, when installed or in service, were 
retirement units shall be included in this account at the original cost, 
estimated if not known. (Note also Sec. 32.2000(d)(3) of this subpart.)
    (2) Reusable minor items that, when installed or in service, were 
not retirement units shall be included in this account at current prices 
new.
    (3) The cost of repairing reusable material shall be charged to the 
appropriate account in the Plant Specific Operations Expense accounts.
    (4) Scrap and nonusable material included in this account shall be 
carried at the estimated amount which will be received therefor. The 
difference between the amounts realized for scrap and nonusable material 
sold and the amounts at which it is carried in this account, so far as 
practicable, shall be adjusted in the accounts credited when the 
material was taken up in this account.
    (g) Interest paid on material bills, the payments of which are 
delayed, shall be charged to Account 7540, Other interest deductions.
    (h) Inventories of material and supplies shall be taken during each 
calendar year and the adjustments to this account shall be charged or 
credited to Account 6512, Provisioning expense.
    (i) 1220.2  Property held for sale or lease. This subaccount shall 
include the cost of all items purchased for resale or lease. The cost 
shall include applicable transportation charges, sales and use taxes, 
and cash and other purchase discounts. Inventory shortage and overage 
shall be charged and credited, respectively, to Account 5280, 
Nonregulated operating revenue.

[52 FR 39534, Oct. 22, 1987, as amended at 53 FR 49322, Dec. 7, 1988]



Sec. 32.1280  Prepayments.

    This account shall be used by Class B companies to record assets of 
the type required of Class A companies in Accounts 1290 through 1330.



Sec. 32.1290  Prepaid rents.

    This account shall include the amounts of rents paid in advance of 
the period in which they are chargeable to income, except amounts 
chargeable to telecommunications plant under construction and minor 
amounts which may be charged directly to the final accounts. As the term 
expires for which the rents are paid, this account shall be credited 
monthly and the appropriate account charged.



Sec. 32.1300  Prepaid taxes.

    This account shall include the balance of all taxes, other than 
amounts chargeable to telecommunication plant under construction and 
minor amounts which may be charged to the final accounts, paid in 
advance and which are chargeable to income within one year. As the term 
expires for which the taxes are paid, this account shall be credited 
monthly and the appropriate account charged.



Sec. 32.1310  Prepaid insurance.

    This account shall include the amount of insurance premiums paid in 
advance of the period in which they are chargeable to income, except 
premiums chargeable to telecommunications plant under construction and 
minor amounts which may be charged directly to the final accounts. As 
the term expires for which the premiums are paid, this account shall be 
credited

[[Page 429]]

monthly and the appropriate account charged.



Sec. 32.1320  Prepaid directory expenses.

    This account shall include the cost of preparing, printing, binding, 
and delivering directories and the cost of soliciting advertisements for 
directories, except minor amounts which may be charged directly to 
Account 6622, Number Services. Amounts in this account shall be cleared 
to Account 6622 by monthly charges representing that portion of the 
expenses applicable to each month.



Sec. 32.1330  Other prepayments.

    This account shall include prepayments, other than those includable 
in Accounts 1290 through 1320, except minor amounts which may be charged 
directly to the final accounts. As the term expires for which the 
payments apply, this account shall be credited monthly and the 
appropriate account charged.



Sec. 32.1350  Other current assets.

    This account shall include the amount of all current assets which 
are not includable in Accounts 1120 through 1330.



Sec. 32.1401  Investments in affiliated companies.

    (a) This account shall include the acquisition cost of the company's 
investment in equity or other securities issued or assumed by affiliated 
companies, other than securities held in special funds which shall be 
charged to Account 1408, Sinking Funds. The carrying value of the 
investment (securities) accounted for on the equity method shall be 
adjusted to recognize the company's share of the earnings or losses and 
dividends received or receivable of the affiliated company from the date 
of acquisition. (Note also Account 1210, Interest and Dividends 
Receivable, and Account 7310, Dividend Income.)
    (b) Declines in value of investments accounted for under the cost 
method shall be charged to Account 4540, Other Capital, if temporary and 
as a current period loss if permanent. Detail records shall be 
maintained to reflect unrealized losses for each investment.
    (c) A subsidiary record shall be kept identifying separately common 
stocks, preferred stocks, advances to affiliates, and long-term debt. 
Further, the company's records shall identify the securities pledged as 
collateral for any of the company's long-term debt or short-term loans 
or to secure performance of contracts.
    (d) This account shall also include advances represented by book 
accounts only with respect to which it is carried or intended that they 
shall be either settled by issuance of capital stock or debt; or shall 
not be subject to current cost settlement.
    (e) Amounts due from affiliated companies which are subject to 
current settlement shall be included in Account 1180, Telecommunications 
Accounts Receivable, Account 1190, Other Accounts Receivable, or Account 
1200, Notes Receivable, as appropriate.
    (f) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to the equity method and the cost method. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.1402  Investments in nonaffiliated companies.

    (a) This account shall include the acquisition cost of the Company's 
investment in securities issued or assumed by nonaffiliated companies 
and individuals, other than securities held in special funds which shall 
be charged to Account 1408, Sinking Funds, and also its investment 
advances to such parties and special deposits of cash for more than one 
year from date of deposit.
    (b) Declines in value of investments shall be charged to Account 
4540, Other Capital, if temporary and as a current period loss if 
permanent. Detail records shall be maintained to reflect unrealized 
losses for each investment.
    (c) This account shall also include advances represented by book 
accounts only with respect to which it is agreed or intended that they 
shall be either settled by issuance of capital stock or debt; or shall 
not be subject to current cost settlement.
    (d) A subsidiary record shall be kept identifying separately common 
stocks,

[[Page 430]]

preferred stocks, long-term debt, investment advances and special 
deposits of cash for more than one year from the date of deposit. 
Further, the company's record shall identify the securities pledged as 
collateral for any of the company's long-term debt or short-term loans 
or to secure performance of contracts.
    (e) Amounts due from nonaffiliated companies which are subject to 
current settlement shall be included in Account 1180, Telecommunications 
Accounts Receivable, Account 1190, Other Accounts Receivable, or Account 
1200, Notes Receivable, as appropriate.



Sec. 32.1406  Nonregulated investments.

    (a) This account shall include the carrier's investment in 
nonregulated activities accounted for in a separate set of books as 
provided in Sec. 32.23(b).
    (b) This account shall be subdivided as follows:



1406.1  Permanent investment.



1406.2  Receivable/payable.



1406.3  Current net income or loss.

[52 FR 6561, Mar. 4, 1987; 52 FR 39535, Oct. 22, 1987]



Sec. 32.1407  Unamortized debt issuance expense.

    (a) This account shall include the total unamortized balance of debt 
issuance expense for all classes of outstanding long-term debt. Amounts 
included in this account shall be amortized monthly and charged to 
account 7530, Amortization of Debt Issuance Expense.
    (b) Debt Issuance expense includes all expenses in connection with 
the issuance and sale of evidence of debt, such as fees for drafting 
mortgages and trust deeds; fees and taxes for issuing or recording 
evidences of debt; costs of engraving and printing bonds, certificates 
of indebtedness, and other commercial paper; fees paid trustees; 
specific costs of obtaining governmental authority; fees for legal 
services; fees and commissions paid underwriters, brokers, and salesmen; 
fees and expenses of listing on exchanges, and other like costs.
    (c) A subsidiary record shall be kept of each issue outstanding.



Sec. 32.1408  Sinking funds.

    (a) This account shall include the amount of cash and other assets 
which are held by trustees or by the company's treasurer in a distinct 
fund, for the purpose of redeeming outstanding obligations.
    (b) Interest or other income arising from funds carried in this 
account shall generally be charged to this account.
    (c) A subsidiary record shall be kept for each sinking fund which 
shall designate the obligation in support of which the fund was created.



Sec. 32.1410  Other noncurrent assets.

    This account shall include the amount of all noncurrent assets which 
are not includable in Accounts 1401 through 1408.



Sec. 32.1437  Deferred tax regulatory asset.

    (a) This account shall include amounts of probable future revenue 
for the recovery of future increases in taxes payable. As reversals 
occur, amounts recorded in this account shall be reduced with a credit 
entry and a debit entry to Account 4341, Net Deferred Tax Liability 
Adjustments.
    (b) This account shall also be adjusted for the impact of 
prospective tax rate changes on the deferred tax liability for those 
temporary differences underlying its existing balance. If the cumulative 
effect of such adjustments reduce the account to a net credit balance, 
such balance shall be reclassified to Account 4361.

[59 FR 9418, Feb. 28, 1994]



Sec. 32.1438  Deferred maintenance and retirements.

    (a) This account shall include such items as the unprovided-for loss 
in service value of telecommunications plant for extraordinary 
nonrecurring retirement not considered in depreciation and the cost of 
extensive replacements of plant normally chargeable to the current 
period Plant Specific Operations Expense accounts.
    (b) Charges provided for in paragraph (a) of this section shall be 
included in

[[Page 431]]

this account only upon direction or approval from this Commission. 
However, the company's application to this Commission for such approval 
shall give full particulars concerning the property retired, the 
extensive replacements, the amount chargeable to operating expenses and 
the period over which in its judgment the amount of such charges should 
be distributed.



Sec. 32.1439  Deferred charges.

    (a) This account shall include all deferred charges not provided for 
in Accounts 1438, Deferred Maintenance and Retirements, and 1500, Other 
Jurisdictional Assets--Net. Such charges include unaudited amounts and 
other debit balances in suspense that cannot be cleared and disposed of 
until additional information is received; the amount, pending 
determination of loss, of funds on deposit with banks which have failed; 
revenue, expense, and income items held in suspense; amounts paid for 
options pending final disposition.
    (b) This account shall include the cost of preliminary surveys, 
plans, investigation, etc., made for construction projects under 
contemplation. If the projects are carried out, the preliminary costs 
shall be included in the cost of the plant constructed. If the projects 
are abandoned, the preliminary costs shall be charged to Account 7370, 
Special Charges.
    (c) This account shall include also the cost of evaluations, 
inventories, and appraisals taken in connection with the acquisition or 
sale of property. If the property is subsequently acquired, the 
preliminary costs shall be accounted for as a part of the cost of 
acquisition, or if it is sold, such costs shall be deducted from the 
sale price in accounting for the property sold. If purchases or sales 
are abandoned, the preliminary costs included herein (including options 
paid, if any) shall be charged to Account 7370.



Sec. 32.1500  Other jurisdictional assets--net.

    This account shall include the cumulative impact on assets of 
jurisdictional ratemaking practices which vary from those of this 
Commission. All entries recorded in this account shall be recorded net 
of any applicable income tax effects and shall be supported by 
subsidiary records where necessary as provided for in Sec. 32.13(e) of 
subpart B.



Sec. 32.2000  Instructions for telecommunications plant accounts.

    (a) Purpose of telecommunications plant accounts. (1) The 
telecommunications plant accounts (2001 to 2007 inclusive) are designed 
to show the investment in the company's tangible and intangible 
telecommunications plant which ordinarily has a service life of more 
than one year, including such plant whether used by the company or 
others in providing telecommunications service.
    (2) The telecommunications plant accounts shall not include the cost 
or other value of telecommunications plant contributed to the company. 
Contributions in the form of money or its equivalent toward the 
construction of telecommunications plant shall be credited to the 
accounts charged with the cost of such construction. Amounts of non-
recurring reimbursements based on the cost of plant or equipment 
furnished in rendering service to a customer shall be credited to the 
accounts charged with the cost of the plant or equipment. Amounts 
received for construction which are ultimately to be repaid wholly or in 
part, shall be credited to Account 4360, Other Deferred Credits; when 
final determination has been made as to the amount to be returned, any 
unrefunded amounts shall be credited to the accounts charged with the 
cost of such construction. Amounts received for the construction of 
plant, the ownership of which rests with or will revert to others, shall 
be credited to the accounts charged with the cost of such construction. 
(Note also Account 7110, Income from Custom Work.)
    (3) When telecommunications plant ordinarily having a service life 
of more than one year is installed for temporary use in providing 
telecommunications service, it shall be accounted for in the same manner 
as plant having a service life of more than one year. This includes 
temporary installations of plant (such as poles, wire and cable) 
installed to maintain service during the progress of highway 
reconstruction

[[Page 432]]

or during interruptions due to storms or other casualties, equipment 
used for the training of operators, equipment used to provide 
intercepting positions in central offices to handle traffic for a short 
period following extensive system changes and similar installations of 
property used to provide telecommunications service.
    (4) The cost of the individual items of equipment, classifiable to 
Accounts 2112, Motor vehicles; 2113, Aircraft; 2114, Special purpose 
vehicles; 2115, Garage work equipment; 2116, Other work equipment; 2122, 
Furniture; 2123, Office equipment; and 2124, General purpose computers, 
costing $2,000 or less or having a life less than one year shall be 
charged to the applicable Plant Specific Operations Expense accounts, 
except for personal computers falling within Account 2124. Personal 
computers classifiable to Account 2124, with a total cost for all 
components, including initial operating software, of $500 or less shall 
be charged to the applicable Plant Specific Operations Expense accounts. 
If the aggregate investment in the items is relatively large at the time 
of acquisition, such amounts shall be maintained in an applicable 
material and supplies account until items are used.
    (b) Telecommunications plant acquired. (1) Property, plant and 
equipment acquired from an entity, whether or not affiliated with the 
accounting company, shall be accounted for at original cost, except that 
property, plant and equipment acquired from a nonaffiliated entity shall 
be accounted for at acquisition cost if the purchase price is less than 
$100,000 for Class A companies or $25,000 for Class B companies.
    (2) The accounting for property, plant and equipment to be recorded 
at original cost shall be as follows:
    (i) The amount of money paid (or current money value of any 
consideration other than money exchanged) for the property (together 
with preliminary expenses incurred in connection with the acquisition) 
shall be charged to Account 1439, Deferred Charges.
    (ii) The original cost, estimated if not known, of 
telecommunications plant, governmental franchises and other similar 
rights acquired shall be charged to the applicable telecommunications 
plant accounts, Telecommunications Plant Under Construction, and 
Property Held For Future Telecommunications Use, as appropriate, and 
credited to Account 1439. When the actual original cost cannot be 
determined and estimates are used, the company shall be prepared to 
furnish the Commission with the particulars of such estimates.
    (iii) Depreciation and amortization of plant acquired shall be 
credited to Account 3100, Accumulated Depreciation, or Account 3200, 
Accumulated Depreciation--Held for Future Telecommunications Use, 3400, 
Accumulated Amortization--Tangible, 3410, Accumulated Amortization--
Capitalized Leases, 3420, Accumulated Amortization--Leasehold 
Improvements, 3500, Accumulated Amortization--Intangibles, and 3600, 
Accumulated Amortization--Other, and debited to Account 1439.
    (iv) Any amount remaining in Account 1439, applicable to the plant 
acquired, shall, upon completion of the entries provided in paragraphs 
(b)(2) (i), (ii) and (iii) of this section, be debited or credited, as 
applicable, to Account 2007, Goodwill, or to Account 2005, 
Telecommunications Plant Adjustment, as appropriate.
    (3) A memorandum record shall be kept showing the amount of 
contributions in aid of construction applicable to the property acquired 
as shown by the accounts of the previous owner.
    (4) Companies shall submit to the Commission for consideration and 
approval copies of journal entries recording acquisition of 
telecommunications plant covered by this instruction when the 
consideration paid is $1,000,000 or greater (Class A companies) and 
$250,000 or greater (Class B companies). The text of such entries shall 
give a complete description of the property acquired and the basis upon 
which the amounts of the entries have been determined.
    (c) Cost of construction. (1) Telecommunications plant represents an 
economic resource which will be used to provide future services, the 
cost of which will be allocated in a rational and systematic manner to 
the future periods in which it provides benefits. In accounting for 
construction costs, the

[[Page 433]]

utility shall charge to the telecommunications plant accounts, where 
applicable, all direct and indirect costs.
    (2) Direct and indirect costs shall include, but not be limited to:
    (i) ``Labor'' includes the wages and expenses of employees directly 
engaged in or in direct charge of construction work. It includes 
expenses directly related to an employee's wages, such as worker's 
compensation insurance, payroll taxes, benefits and other similar items 
of expense.
    (ii) ``Engineering'' includes the portion of the wages and expenses 
of engineers, draftsmen, inspectors, and their direct supervision 
applicable to construction work. It includes expenses directly related 
to an employee's wages, such as worker's compensation insurance, payroll 
taxes, benefits and other similar items of expense.
    (iii) ``Material and supplies'' includes the purchase price of 
material used at the point of free delivery plus the costs of 
inspection, loading and transportation, and an equitable portion of 
provisioning expense. In determining the cost of material used, proper 
allowance shall be made for unused material, for material recovered from 
temporary structures used in performing the work involved, and for 
discounts allowed and realized in the purchase of material. This item 
does not include construction material that is stolen or rendered 
unusable due to vandalism. Such material should be charged to the 
applicable plant specific operations expense accounts.
    (iv) ``Transportation'' includes the cost of transporting employees, 
material and supplies, tools and other work equipment to and from the 
physical construction location. It includes amounts paid therefor to 
other companies or individuals and the cost of using the company's own 
motor vehicles or other transportation equipment.
    (v) ``Contract work'' includes amounts paid for work performed under 
contract or other agreement by other companies, firms or individuals; 
engineering and supervision applicable to such work; cost incident to 
the award of contracts; and the inspection of such work. The cost of 
construction work performed by affiliated companies and other details 
relating thereto shall be available from the work in progress and 
supporting records.
    (vi) ``Protection'' includes the cost of protecting the company's 
property from fire or other casualties and the cost of preventing 
damages to others or the property of others.
    (vii) ``Privileges, Permits, and Rights of way'' includes such costs 
incurred in obtaining these privileges, permits, or rights of way in 
connection with construction work, such as for use of private property, 
streets or highways. The cost of such privileges and permits shall be 
included in the cost of the work for which the privileges or permits are 
obtained, except for costs includable in Account 2111, Land, and Account 
2690, Intangibles.
    (viii) ``Taxes'' includes taxes properly includable in construction 
costs before the facilities are completed for service, which taxes are 
assessed separately from taxes on operating property or under conditions 
that permit separate identification of the amount chargeable to 
construction.
    (ix) ``Special machine service'' includes the cost of labor 
expended, materials and supplies consumed and other expenses incurred in 
the maintenance, operation and use of special and other labor saving 
machines (other than transportation equipment (such as trenching 
equipment, cable plows and pole setting trucks. Also included are 
expenditures for rental, maintenance and operation of such machines 
owned by others. When a construction job requires the purchase of 
special machines, the cost thereof, less the appraised or salvage value 
at the time of release from the job, shall be included in the cost of 
construction.
    (x) Allowance for funds used during construction (``AFUDC'') 
provides for the cost of financing the construction of 
telecommunications plant. AFUDC shall be charged to Account 2003, 
Telecommunications Plant Under Construction, and credited to Account 
7340. The rate for calculating AFUDC shall be determined as follows: If 
financing plans associate a specific new borrowing with an asset, the 
rate on that borrowing may be used for the asset; if no specific new 
borrowing is associated

[[Page 434]]

with an asset or if the average accumulated expenditures for the asset 
exceed the amounts of specific new borrowing associated with it, the 
capitalization rate to be applied to such excess shall be weighted 
average of the rates applicable to other borrowing of the enterprise. 
The amount of interest cost capitalized in an accounting period shall 
not exceed the total amount of interest cost incurred by the company in 
that period.
    (xi) ``Insurance'' includes premiums paid specifically for 
protection against loss and damage in connection with the construction 
of telecommunications plant due to fire or other casualty, injury to or 
death of employees or others, damages to property of others, 
defalcations of employees and agents and the non-performance of 
contractual obligations of others.
    (xii) ``Construction services'' include the cost of telephone, 
electricity, power, construction quarters, office space and equipment 
directly related to the construction project.
    (xiii) ``Indirect construction costs'' shall include indirect costs 
such as general engineering, supervision and support. Such costs, in 
addition to direct supervision, shall include indirect plant operations 
and engineering supervision up to, but not including, supervision by 
executive officers whose pay and expenses are chargeable to Account 
6711, Executive. The records supporting the entries for indirect 
construction costs shall be kept so as to show the nature of the 
expenditures, the individual jobs and accounts charged, and the bases of 
the distribution. The amounts charged to each plant account for indirect 
costs shall be readily determinable. The instructions contained herein 
shall not be interpreted as permitting the addition to plant of amounts 
to cover indirect costs based on arbitrary allocations.
    (xiv) The cost of construction shall not include any amounts 
classifiable as Corporate Operations Expense.
    (d) Telecommunications plant retired. (1) Telecommunications plant 
accounts shall at all times disclose the original cost of all property 
in service. When any item of property subject to plant retirement 
accounting is worn out, lost, sold, destroyed, abandoned, surrendered 
upon lapse of title, becomes permanently unserviceable, is withdrawn or 
for any other reason is retired from service, the plant accounts 
applicable to that item shall be credited with the original cost of the 
plant retired whether replaced or not (except as provided for minor 
items in paragraph (d)(2)(ii) of this section). Normally, these 
retirement credits with respect to such plant as entire buildings, 
entire central offices, all plant abandoned and any large sections of 
plant withdrawn from service, shall be entered in the accounts for the 
month in which use of the property ceased. For any other plant withdrawn 
from service, the retirement credits shall be entered no later than the 
next succeeding month. Literal compliance with the provision for timing 
of entries with respect to property amounting to less than $50,000 
retired under any one project is not required if an unreasonable amount 
of recordkeeping and estimating of quantities, original costs and 
salvage is necessary. The retirement entry shall refer to the continuing 
property record, or records supplemental thereto, from which the cost 
was obtained (note also paragraph (d)(3) of this section). Every company 
shall establish procedures which will ensure compliance with these 
requirements.
    (2) To avoid undue refinement, depreciable telecommunications plant 
shall be accounted for as follows:
    (i) Retirement units: This group includes major items of property, a 
representative list of which shall be prescribed by this Commission. In 
lieu of the retirement units prescribed with respect to a particular 
account, a company may, after obtaining specific approval by this 
Commission, establish and maintain its own list of retirement units for 
a portion or all of the plant in any such account. For items included on 
the retirement units list, the original cost of any such items retired 
shall be credited to the plant account and charged to Account 3100, 
Accumulated Depreciation, whether or not replaced. The original cost of 
retirement units installed in place of property retired shall be charged 
to the applicable telecommunications plant account.

[[Page 435]]

    (ii) Minor items: This group includes any part or element of plant 
which is not designated as a retirement unit. The original cost of a 
minor item of property when included in the specific or average cost for 
a retirement unit or units requires no separate credit to the 
telecommunications plant account when such a minor item is retired. The 
cost of replacement shall be charged to the account applicable for the 
cost of repairs of the property. However, if the replacement effects a 
substantial betterment (the primary aim of which is to make the property 
affected more useful, of greater durability, of greater capacity or more 
economical in operation), the excess cost of such a replacement, over 
the estimated cost at the then current prices of replacement without 
betterment of the minor items being retired, shall be charged to the 
applicable telecommunications plant account.
    (3) The cost of property to be retired shall be the amount at which 
property is included in the telecommunications plant accounts. However, 
when it is impracticable to determine the cost of each item due to the 
relatively large number or small cost of such items, the average cost of 
all the items covered by an appropriate subdivision of the account shall 
be used in determining the cost to be assigned to such items when 
retired. The method used in determining average cost must give due 
regard to the quantity, vintage, size and kind of items, the area in 
which they were installed and their classification in other respects. 
Average cost may be applied in retirement of such items as poles, wire, 
cable, cable terminals, conduit and booths. Any company may use average 
cost of property installed in a year or band of years as approved by the 
Commission. It should be understood, however, that the use of average 
costs shall not relieve the company of the requirement for maintaining 
its continuing property records to show, where practicable, dates of 
installation and removal for purposes of mortality studies. (See 
Sec. 32.2000(f) of this subpart, Standard Practices for Establishing and 
Maintaining Continuing Property Records.)
    (4) The accounting for the retirement of property, plant and 
equipment shall be as provided above except:
    (i) Amounts included in Account 2005, Telecommunications Plant 
Adjustment; Account 2680, Amortizable Tangible Assets; Account 2681, 
Capital Leases; Account 2682, Leasehold Improvements; Account 2690, 
Intangibles; and any amounts associated with amortizable leaseholds, 
easements, and similar rights in land included in Account 2111, Land, 
shall be debited, as appropriate, to Account 3400, 3410, 3420, 3500, or 
3600, and credited to the applicable accounts.
    (ii) Amounts in Account 2111, Land, and amounts for works of art 
recorded in Account 2122, Furniture, shall be treated at disposition as 
a gain or loss and shall be credited or debited to Account 7150, Gains 
and Losses from Disposition of Land and Artwork, as applicable. If land 
or artwork is retained by the company and held for sale, the cost shall 
be charged to Account 2006, Nonoperating Plant.
    (5) When the telecommunications plant is sold together with traffic 
associated therewith, the original cost of the property shall be 
credited to the applicable plant accounts and the estimated amounts 
carried with respect thereto in the accumulated depreciation and 
amortization accounts shall be charged to such accumulated accounts. The 
difference, if any, between the net amount of such debit and credit 
items and the consideration received (less commissions and other 
expenses of making the sale) for the property shall be included in 
Account 7350, Gains and Losses from Disposition of Certain Property. The 
accounting for depreciable telecommunications plant sold without the 
traffic associated therewith shall be in accordance with the accounting 
provided in Sec. 32.3100(c) of this subpart.
    (e) Basic property records. (1) The basic property records are that 
portion of the total property accounting system which preserves the 
following detailed information:
    (i) The identity, vintage, location and original cost of units of 
property;
    (ii) Original and ongoing transactional data (plant account 
activity) in terms of such units; and

[[Page 436]]

    (iii) Any other specific financial and cost accounting information 
not properly warranting separate disclosure as an account or subaccount 
but which is needed to support regulatory, cost, tax, management and 
other specific accounting information needs and requirements.
    (2) The basic property records must be: (i) Subject to internal 
accounting controls, (ii) auditable, (iii) equal in the aggregate to the 
total investment reflected in the financial property control accounts as 
well as the total of the cost allocations supporting the determination 
of cost-of-service at any particular point in time, and (iv) maintained 
throughout the life of the property.
    (3) The basic property records shall consist of (i) continuing 
property records and (ii) records supplemental thereto which together 
reveal clearly, by accounting area, the detailed and systematically 
summarized information necessary to meet fully the requirements of 
paragraphs (e)(1) and (e)(2) of this section.
    (4) Companies shall establish and maintain basic property records 
for each class of property recorded in the several plant accounts which 
comprise the balance sheet Account 2001, Telecommunications Plant In 
Service, Account 2002, Property Held for Future Telecommunications Use, 
and Account 2006, Nonoperating Plant.
    (5) The company shall notify the Commission of a plan for the basic 
property record as follows:
    (i) Not later than June 30 of the year following that in which it 
becomes subject to this system of accounts, the company shall file with 
the Commission two (2) copies of a complete plan of the method to be 
used in the compilation of a basic property record with respect to each 
class of property. The plan shall include a list of proposed accounting 
areas accompanied by description of the boundaries of each area as 
defined in accordance with the requirements of Sec. 32.2000(f)(1) (i) 
and (ii) of this subpart. The plan shall also include a list of property 
record units proposed for use under each regulated plant account. These 
property record units shall be selected such that the requirements of 
Sec. 32.2000(f)(2) (i), (ii) and (iii) of this subpart can be satisfied.
    (ii) The company shall submit to the Commission one copy of any 
major proposed changes in its basic property record plan at least 30 
days before the effective date of the proposed changes.
    (6) The company shall prepare and maintain the basic property record 
as follows:
    (i) Not later than June 30 of the year following that in which the 
company becomes subject to this system of accounts, begin the 
preparation of a basic property record.
    (ii) Complete within two years of the prescribed beginning date, 
basic property records for all property as of the end of the preceding 
calendar year.
    (iii) Promptly process in the basic property records all property 
changes affecting periods subsequent to initial establishment of the 
basic property record.
    (7) The basic property record components (see paragraph (c) of this 
section) shall be arranged in conformity with the regulated plant 
accounts prescribed in this section of accounts as follows:
    (i) The continuing property records shall be compiled on the basis 
of original cost (or other book cost consistent with this system of 
accounts). The continuing property records shall be maintained as 
prescribed in Sec. 32.2000(f)(2)(iii) of this subpart in such manner as 
will meet the following basic objectives:
    (A) Provide for the verification of property record units by 
physical examination.
    (B) Provide for accurate accounting for retirements.
    (C) Provide data for use in connection with depreciation studies.
    (ii) The records supplemental to the continuing property records 
shall disclose such service designations, usage measurement criteria, 
apportionment factors, or other data as may be prescribed by the 
Commission in this part or other parts of its Rules and Regulations. 
Such data are subject to the same general controls and standards for 
auditability and support as are all other elements of the basic property 
records.
    (f) Standard practices for establishing and maintaining continuing 
property records--(1) Accounting area. (i) The

[[Page 437]]

continuing property record, as related to each primary plant account, 
shall be established and maintained by subaccounts for each accounting 
area. An accounting area is the smallest territory of the company for 
which accounting records of investment are maintained for all plant 
accounts within the area. Areas already established for administrative, 
accounting, valuation, or other purposes may be adopted for this purpose 
when appropriate. In no case shall the boundaries of accounting areas 
cross either State lines or boundaries prescribed by the Commission.
    (ii) In determining the limit of each area, consideration shall be 
given to the quantities of property, construction conditions, operating 
districts, county and township lines, taxing district boundaries, city 
limits, and other political or geographical limits, in order that the 
area adopted may have maximum adaptability, within the confines of 
practicability, for both the company's purpose and those of Federal, 
State, and municipal authorities.
    (2) Property record units. (i) In each of the established accounting 
areas, the ``property record units'' which are to be maintained in the 
continuing property record shall be set forth separately, classified by 
size and type with the amount of original cost (or other appropriate 
book cost) associated with such units. When a list of property record 
units has been accepted by the Commission, they shall become the units 
referred to in this statement of standard practices. Such units shall 
apply to only the regulated portion of this system of accounts.
    (ii) When it is found necessary to revise this list because of the 
addition of units used in providing new types of service, or new units 
resulting from improvements in technology, or because of the grouping or 
elimination of units which no longer merit separate recognition as 
property record units, one copy of such changes shall be submitted to 
the Commission. Upon appropriate showing by the company, the Commission 
may specifically exempt the company from these filing requirements.
    (iii) The continuing property record shall reveal the description, 
location, date of placement, the essential details of construction, and 
the original cost (note also Sec. 32.2000(f)(3) of this subpart) of the 
property record units. The continuing property record and other 
underlying records of construction costs shall be so maintained that, 
upon retirement of one or more retirement units or of minor items 
without replacement when not included in the costs of retirement units, 
the actual cost or a reasonably accurate estimate of the cost of the 
plant retired can be determined.
    (3) Methods of determining original cost of property record units. 
The original cost of the property record units shall be determined by 
analyses of the construction costs incurred as shown by completion 
reports and other data, accumulated in the respective construction work 
orders or authorizations. Costs shall be allocated to and associated 
with the property record units to facilitate accounting for retirements. 
The original cost of property record units shall be determined by unit 
identification or averaging as described in paragraphs (f)(3) (i) and 
(ii) of this section.
    (i) Unit identification. Cost shall be identified and maintained by 
specific location for property record units contained within certain 
regulated plant accounts or account groupings such as Land, Buildings, 
Central Office Assets, Motor Vehicles, Garage Work Equipment, and 
Furniture. In addition, units involved in any unusual or special type of 
construction shall be recorded by their specific location costs (note 
also Sec. 32.2000(f)(3)(ii)(B) of this subpart.
    (ii) Averaging. (A) Average costs may be developed for plant 
consisting of a large number of similar units such as terminal 
equipment, poles, wire, cable, cable terminals, conduit, furniture, and 
work equipment. Units of similar size and type within each specified 
accounting area and regulated plant account may be grouped. Each such 
average cost shall be set forth in the continuing property record of the 
units with which it is associated.
    (B) The averaging of costs permitted under the provisions of the 
foregoing paragraph is restricted to plant installed in a particular 
vintage or band of years incurred within an accounting area. This 
paragraph does not permit

[[Page 438]]

the inclusion of the cost of units involved in any unusual or special 
type of construction. The units involved in such unusual or special type 
of construction shall be recorded at cost by location.
    (4) Estimates. In cases where the actual original cost of property 
cannot be ascertained, such as pricing an inventory for the initial 
entry of a continuing property record or the pricing of an acquisition 
for which a continuing property record has not been maintained, the 
original cost may be estimated. Any estimated original cost shall be 
consistent with the accounting practices in effect at the time the 
property was constructed.
    (5) Identification of property record units. There shall be shown in 
the continuing property record or in record supplements thereof, a 
complete description of the property records units in such detail as to 
identify such units. The description shall include the identification of 
the work order under which constructed, the year of installation (unless 
not determinable per Sec. 32.2000(f)(4) of this subpart, specific 
location of the property within each accounting area in such manner that 
it can be readily spot-checked for proof of physical existence, the 
accounting company's number or designation, and any other description 
used in connection with the determination of the original cost. 
Descriptions of units of similar size and type shall follow prescribed 
groupings.
    (6) Reinstalled units. When units to which average costs are not 
applied, i.e., specific and fixed location units, are removed or retired 
and subsequently reinstalled, the date when the unit was first charged 
to the appropriate plant account shall, when required for adequate 
service life studies and reasonably accurate retirement accounting, be 
shown in addition to the date of reinstallation.
    (7) Age and service life of property. The continuing property record 
shall disclose the age of existing property and the supporting records 
shall disclose the service life of property retired. Exceptions from 
this requirement for any property record unit shall be submitted to the 
Commission for approval.
    (8) Reference to sources of information. There shall be shown by 
appropriate reference the source of all entries. All drawings, 
computations, and other detailed records which support quantities and 
costs or estimated costs shall be retained as a part of or in support of 
the continuing property record.
    (9) Jointly owned property. (i) With respect to jointly owned 
property, there shall be shown in the continuing property record or 
records supplemental thereto:
    (A) The identity of all joint owners.
    (B) The percentage owned by the accounting company.
    (ii) When regulated plant is constructed under arrangements for 
joint ownership, the amount received by the constructing company from 
the other joint owner or owners shall be credited as a reduction of the 
gross cost of the plant in place.
    (iii) When a sale of a part interest in regulated plant is made, the 
fractional interest sold shall be treated as a retirement and the amount 
received shall be treated as salvage. The continuing property record or 
records supplemental thereto shall be so maintained as to identify 
separately retirements of this nature from physical retirements of 
jointly owned plant.
    (iv) If jointly owned regulated property is substantial in relation 
to the total of the same kind of regulated property owned wholly by the 
company, such jointly owned regulated property shall be appropriately 
segregated in the continuing property record.
    (g) Depreciation accounting--(1) Computation of depreciation rates. 
(i) Unless otherwise provided by the Commission, either through prior 
approval or upon prescription by the Commission, depreciation percentage 
rates shall be computed in conformity with a group plan of accounting 
for depreciation and shall be such that the loss in service value of the 
property, except for losses excluded under the definition of 
depreciation, may be distributed under the straight-line method during 
the service life of the property.
    (ii) In the event any composite percentage rate becomes no longer 
applicable, revised composite percentage

[[Page 439]]

rates shall be computed in accordance with paragraph (g)(1)(i) of this 
section.
    (iii) The company shall keep such records of property and property 
retirements as will allow the determination of the service life of 
property which has been retired, or facilitate the determination of 
service life indications by mortality, turnover, or other appropriate 
methods. Such records will also allow the determination of the 
percentage of salvage value and cost of removal for property retired 
from each class of depreciable plant.
    (2) Depreciation charges. (i) A separate annual percentage rate for 
each depreciation category of telecommunications plant shall be used in 
computing depreciation charges.
    (ii) Companies, upon receiving prior approval from this Commission, 
or, upon prescription by this Commission, shall apply such depreciation 
rate, except where provisions of paragraph (g)(2)(iv) of this section 
apply, as will ratably distribute on a straight line basis the 
difference between the net book cost of a class or subclass of plant and 
its estimated net salvage during the known or estimated remaining 
service life of the plant.
    (iii) Charges for currently accruing depreciation shall be made 
monthly to the appropriate depreciation accounts, and corresponding 
credits shall be made to the appropriate depreciation reserve accounts. 
Current monthly charges shall normally be computed by the application of 
one-twelfth of the annual depreciation rate to the monthly average 
balance of the associated category of plant. The average monthly balance 
shall be computed using the balance as of the first and last days of the 
current month.
    (iv) In certain circumstances and upon prior approval of this 
Commission, monthly charges may be determined in total or in part 
through the use of other methods whereby selected plant balances or 
portions thereof are ratably distributed over periods prescribed by this 
Commission. Such circumstances could include but not be limited to 
factors such as the existence of reserve deficiencies or surpluses, 
types of plant that will be completely retired in the near future, and 
changes in the accounting for plant. Where alternative methods have been 
used in accordance with this subparagraph, such amounts shall be applied 
separately or in combination with rates determined in accordance with 
paragraph (g)(2)(ii) of this section.
    (3) Acquired depreciable plant. When acquired depreciable plant 
carried in Account 1439, Deferred Charges, is distributed to the 
appropriate plant accounts, adjusting entries shall be made covering the 
depreciation charges applicable to such plant for the period during 
which it was carried in Account 1439.
    (4) Plant Retired for Nonrecurring Factors not Recognized in 
Depreciation Rates.
    (i) A retirement will be considered as nonrecurring (extraordinary) 
only if the following criteria are met:
    (A) The impending retirement was not adequately considered in 
setting past depreciation rates.
    (B) The charging of the retirement against the reserve will unduly 
deplete that reserve.
    (C) The retirement is unusual such that similar retirements are not 
likely to recur in the future.
    (5) Upon direction or approval from this Commission, the company 
shall credit Account 3100, Accumulated Depreciation, and charge Account 
1438, Deferred Maintenance and Retirements, with the unprovided-for loss 
in service value. Such amounts shall be distributed from Account 1438 to 
Account 6561, Depreciation Expense--Telecommunications Plant in Service, 
or Account 6562, Depreciation Expense--Property Held for Future 
Telecommunications Use, over such period as this Commission may direct 
or approve.
    (h) Amortization accounting. (1) Unless otherwise provided by this 
Commission, either through approval, or upon prescription by this 
Commission, amortization shall be computed on the straight-line method, 
i.e., equal annual amounts shall be applied. The cost of each type asset 
shall be amortized on the basis the estimated life of that asset and 
shall not be written off in the accounting period in which the asset is 
acquired. A reasonable estimate of the useful life may be based on the 
upper

[[Page 440]]

or lower limits even though a fixed existence is not determinable. 
However, the period of amortization shall not exceed forty years.
    (2) In the event any estimated useful life becomes no longer 
applicable, a revised estimated useful life shall be determined in 
accordance with paragraph (h)(1) of this section.
    (3) Amortization charges shall be made monthly to the appropriate 
amortization expense accounts and corresponding credits shall be made to 
the appropriate amortization reserve accounts. Monthly charges shall be 
computed by the application of one-twelfth to the annual amortization 
amount.
    (4) The company shall keep such records as will allow the 
determination of the useful life of the asset.
    (i) Accounting for software. The original cost of initial operating 
system software for computers shall be classified to the same account as 
the associated hardware whether acquired separately or in conjunction 
with the associated hardware.
    (j) Plant Accounts to be Maintained by Class A and Class B telephone 
companies as indicated:

------------------------------------------------------------------------
                                                     Class A    Class B
                   Account title                     account    account
------------------------------------------------------------------------
                  REGULATED PLANT
 
Property, plant and equipment:
    Telecommunications plant in service...........   \1\ 2001   \1\ 2001
    Property held for future telecommunications
     use..........................................       2002       2002
    Telecommunications plant under construction--
     short term...................................       2003       2003
    Telecommunications plant under construction--
     long term....................................       2004       2004
    Telecommunications plant adjustment...........       2005       2005
    Nonoperating plant............................       2006       2006
    Goodwill......................................       2007       2007
    TELECOMMUNICATIONS PLANT IN SERVICE (TPIS)
 
TPIS--General support assets:
    Land and support assets.......................  .........       2110
    Land..........................................       2111  .........
    Motor vehicles................................       2112  .........
    Aircraft......................................       2113  .........
    Special purpose vehicles......................       2114  .........
    Garage work equipment.........................       2115  .........
    Other work equipment..........................       2116  .........
    Buildings.....................................       2121  .........
    Furniture.....................................       2122  .........
    Office equipment..............................       2123  .........
    General purpose computers.....................       2124  .........
TPIS--Central Office assets:
    Central Office--Switching.....................  .........       2210
    Analog electronic switching...................       2211  .........
    Digital electronic switching..................       2212  .........
    Electro-mechanical switching..................       2215  .........
    Operator systems..............................       2220       2220
    Central Office--Transmission..................  .........       2230
    Radio systems.................................       2231  .........
    Circuit equipment.............................       2232  .........
TPIS--Information origination/termination assets:
    Information origination/termination...........  .........       2310
    Station apparatus.............................       2311  .........
    Customer premises wiring......................       2321  .........
    Large private branch exchanges................       2341  .........
    Public telephone terminal equipment...........       2351  .........
    Other terminal equipment......................       2362  .........
TPIS--Cable and wire facilities assets:
    Cable and wire facilities.....................  .........       2410
    Poles.........................................       2411  .........
    Aerial cable..................................       2421  .........
    Underground cable.............................       2422  .........
    Buried cable..................................       2423  .........
    Submarine cable...............................       2424  .........
    Deep Sea cable................................       2425  .........
    Intrabuilding network cable...................       2426  .........
    Aerial wire...................................       2431  .........
    Conduit systems...............................       2441  .........
TPIS--Amortizable assets:
    Amortizable tangible assets...................  .........       2680
    Capital leases................................       2681  .........
    Leasehold improvements........................       2682  .........
    Intangibles...................................       2690       2690
------------------------------------------------------------------------
\1\ Balance sheet summary account only.


[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 7580, Mar. 12, 1987; 53 
FR 30059, Aug. 10, 1988; 59 FR 46930, Sept. 13, 1994; 60 FR 12138, Mar. 
6, 1995; 62 FR 39451, July 23, 1997]



Sec. 32.2001  Telecommunications plant in service.

    This account shall include the original cost of the investment 
included in Accounts 2110 through 2690.



Sec. 32.2002  Property held for future telecommunications use.

    (a) This account shall include the original cost of property owned 
and held for no longer than two years under a definite plan for use in 
telecommunications service. If at the end of two years the property is 
not in service, the original cost of the property shall be transferred 
to Account 2006, Nonoperating Plant.
    (b) Should a carrier desire to retain the property in this account 
for a period longer than two years, it shall request approval of this 
Commission. The request should include the property item in question, 
demonstrate that the

[[Page 441]]

waiver is in the public interest, and indicate, as precisely as 
possible, the additional time required for the property to be held in 
this account.
    (c) Subsidiary records shall be maintained to show the character of 
the amounts carried in this account.



Sec. 32.2003  Telecommunications plant under construction.

    (a) This account shall include the original cost of construction 
projects. (Note also Sec. 32.2000(c).)
    (b) There may be charged directly to the appropriate plant accounts 
the cost of any construction project which is estimated to be completed 
and ready for service within two months from the date on which the 
project was begun. There may also be charged directly to the plant 
accounts the cost of any construction project for which the gross 
additions to plant are estimated to amount to less than $100,000.
    (c) If a construction project has been suspended for six months or 
more, the cost of the project included in this account shall be 
transferred to Account 2006, Nonoperating Plant, without further 
direction or approval of this Commission. If a project is abandoned, the 
cost included in this account shall be charged to Account 7370, Special 
Charges.
    (d) When any telecommunications plant, the cost of which has been 
included in this account, is completed ready for service, the cost 
thereof shall be credited to this account and charged to the appropriate 
telecommunications plant or other accounts.

[51 FR 43499, Dec. 2, 1986, as amended at 60 FR 12138, Mar. 6, 1995]



Sec. 32.2005  Telecommunications plant adjustment.

    (a) This account shall include amounts determined in accordance with 
Sec. 32.2000(b) of this subpart representing the difference between (1) 
the fair market value of the telecommunications plant acquired, plus 
preliminary expenses incurred in connection with the acquisition; and 
(2) the original cost of such plant, governmental franchises and similar 
rights acquired, less the amounts of reserve requirements for 
depreciation and amortization of the property acquired. If the actual 
original cost is not known, the entries in this account shall be based 
upon an estimate of such costs.
    (b) The amounts recorded in this account with respect to each 
property acquisition (except land and artworks) shall be disposed of, 
written off, or provision shall be made for the amortization thereof, as 
follows:
    (1) Debit amounts may be charged to Account 7370, Special Charges, 
in whole or in part, or amortized over a reasonable period through 
charges to Account 7360, Other Nonoperating Income, without further 
direction or approval by this Commission. When specifically approved by 
this Commission, or when the provisions of paragraph (b)(3) of this 
section apply, debit amounts shall be amortized to Account 6565, 
Amortization Expense--Other.
    (2) Credit amounts shall be disposed of in such manner as this 
Commission may approve or direct, except for credit amounts referred to 
in paragraph (b)(3) of this section.
    (3) Within one year from the date of inclusion in this account of a 
debit or credit amount with respect to a current acquisition, the 
company may dispose of the total amount from an acquisition of telephone 
plant by a lump-sum charge or credit, as appropriate, to Account 6565 
without further approval of this Commission, provided that such amount 
does not exceed $100,000 and that the plant was not acquired from an 
affiliated company.



Sec. 32.2006  Nonoperating plant.

    (a) This account shall include the company's investment in regulated 
property which is not includable in the plant accounts as operating 
telecommunications plant. It shall include the company's investment in 
telecommunications property held for sale. (Note also Account 1406, 
Nonregulated Investments.)
    (b) Subsidiary records shall be maintained to show the character of 
the amounts carried in this account.



Sec. 32.2007  Goodwill.

    (a) This account shall include any portion of the plant purchase 
price that cannot be assigned to specifically identifiable property 
acquired and such

[[Page 442]]

amount should be identified as ``goodwill''. Such amounts included in 
this account shall be amortized to Account 7360, Other Nonoperating 
Income, on a straight line basis over the remaining life of the acquired 
plant, not to exceed 40 years.
    (b) The amounts included in this account shall be maintained to show 
the nature of each amount.



Sec. 32.2110  Land and support assets.

    This account shall be used by Class B companies to record the 
original cost of land and support assets of the type and character 
required of Class A companies in Accounts 2111 through 2124.



Sec. 32.2111  Land.

    (a) This account shall include the original cost of all land held in 
fee and of easements, and similar rights in land having a term of more 
than one year used for purposes other than the location of outside plant 
(see Accounts 2411 through 2441) or externally mounted central office 
equipment (see Accounts 2211 and 2212). It shall also include special 
assessments upon land for the construction of public improvements.
    (b) When land, together with buildings thereon, is acquired, the 
original cost shall be fairly apportioned between the land and the 
buildings and accounted for accordingly. If the plan of acquisition 
contemplates the removal of buildings, the total cost of the land and 
buildings shall be accounted for as the cost of the land, and the 
salvage value of the buildings when disposed of shall be deducted from 
the cost of the land so determined.
    (c) Annual or more frequent payments for use of land shall be 
recorded in the rent subsidiary record category for Account 6121, Land 
and Building Expense.
    (d) When land is acquired for which there is not a definite plan for 
its use in telecommunications service, its costs shall be included in 
Account 2006, Nonoperating Plant.
    (e) When land is acquired in excess of that required for 
telecommunications purposes, the cost of such excess land shall be 
included in Account 2006.
    (f) Installments of assessments for public improvement, including 
interest, if any, which are deferred without option to the company shall 
be included in this account only as they become due and payable. 
Interest on assessments which are not paid when due shall be included in 
Account 7540, Other Interest Deductions.
    (g) When land is purchased for immediate use in a construction 
project, its cost shall be included in Account 2003, Telecommunications 
Plant Under Construction--Short Term, or Account 2004, 
Telecommunications Plant Under Construction--Long Term, as appropriate, 
until such time as the project involved is completed and ready for 
service.
    (h) The original cost of leaseholds, easements, rights of way, and 
similar rights in land having a term of more than one year and not 
includable in Account 2111 shall be included in the accounts for outside 
plant or externally mounted central office equipment in connection with 
which the rights were acquired.



Sec. 32.2112  Motor vehicles.

    This account shall include the original cost of motor vehicles of 
the type which are designed and routinely licensed to operate on public 
streets and highways.



Sec. 32.2113  Aircraft.

    This account shall include the original cost of aircraft and any 
associated equipment and furnishings installed as an integral part of 
the aircraft.



Sec. 32.2114  Special purpose vehicles.

    This account shall include the original cost of special purpose 
vehicles.



Sec. 32.2115  Garage work equipment.

    This account shall include the original cost of tools and equipment 
used to maintain items included in Accounts 2112 through 2116.



Sec. 32.2116  Other work equipment.

    This account shall include the original cost of power operated 
equipment, general purpose tools and other items of work equipment.



Sec. 32.2121  Buildings.

    (a) This account shall include the original cost of buildings, and 
the cost

[[Page 443]]

of all permanent fixtures, machinery, appurtenances and appliances 
installed as a part thereof. It shall include costs incident to the 
construction or purchase of a building and to securing possession and 
title.
    (b) When land, together with the buildings thereon, is acquired, the 
original cost shall be fairly apportioned between the land and 
buildings, and the amount applicable to the buildings shall be included 
in this account. The amount applicable to the land shall be included in 
Account 2111, Land.
    (c) This account shall not include the cost of any telephone 
equipment or wiring apparatus for generating or controlling electricity 
for operating the telephone system.



Sec. 32.2122  Furniture.

    This account shall include the original cost of furniture in 
offices, storerooms, shops, and all other quarters. This account shall 
also include the cost of objects which possess aesthetic value, are of 
original or limited edition, and do not have a determinable useful life. 
The cost of any furniture attached to and constituting a part of a 
building shall be charged to account 2121, Buildings.



Sec. 32.2123  Office equipment.

    (a) This account shall include the original cost of office equipment 
in offices, shops and all other quarters. The cost of any equipment 
attached to and constituting a part of a building shall be charged to 
Account 2121, Buildings.
    (b) Office Equipment shall be maintained by the following 
subaccounts:



2123.1  Office Support Equipment



2123.2  Company Communications Equipment



Sec. 32.2124  General purpose computers.

    (a) This account shall include the original cost of computers and 
peripheral devices which are designed to perform general administrative 
information processing activities.
    (b) Administrative information processing includes but is not 
limited to activities such as the preparation of financial, statistical, 
or other business analytical reports; preparation of payroll, customer 
bills, and cash management reports, and other records and reports not 
specifically designed for testing, diagnosis, maintenance or control of 
the telecommunications network facilities.
    (c) This account shall include the original cost of initial 
operating system software for computers classifiable to this account 
whether acquired separately or in conjunction with associated hardware.
    (d) This account does not include the cost of computers, their 
associated peripheral devices, and their initial operating system 
software associated with switching, network signaling, network 
operations or other specific telecommunications plant. Such computers, 
peripherals, and software shall be classified to the appropriate 
switching, network signaling, network expense, or other plant account.



Sec. 32.2210  Central office--switching.

    This account shall be used by Class B companies to record the 
original cost of switching assets of the type and character required of 
Class A companies in Accounts 2211 through 2215.



Sec. 32.2211  Analog electronic switching.

    (a) This account shall include the original cost of stored program 
control analog circuit-switching and associated equipment. This account 
shall also include the cost of remote analog electronic circuit 
switches.
    (b) Switching plant excludes switchboards which perform an operator 
assistance function and equipment which is an integral part thereof. It 
does not exclude equipment used solely for the recording of calling 
telephone numbers in connection with customer dialed charged traffic, 
dial tandem switchboards and special service switchboards used in 
conjunction with private line service; such equipment shall be 
classified to the particular switch that if serves.



Sec. 32.2212  Digital electronic switching.

    (a) This account shall include the original cost of stored program 
control digital switches and their associated equipment. Included in 
this account

[[Page 444]]

are digital switches which utilize either dedicated or non-dedicated 
circuits. This account shall also include the cost of remote digital 
electronic switches.
    (b) Switching plant excludes switchboards which perform an operator 
assistance function and equipment which is an integral part thereof. It 
does not exclude equipment used solely for the recording of calling 
telephone numbers in connection with customer dialed charged traffic, 
dial tandem switchboards and special service switchboards used in 
conjunction with private line service; such equipment shall be 
classified to the particular switch that it serves.



Sec. 32.2215  Electro-mechanical switching.

    (a) This account shall include the original cost of non-electronic 
circuit-switching equipment. The investment in electro-mechanical 
switching equipment shall be maintained in the following subaccounts:

2215.1  Step-by-Step Switching
2215.2  Crossbar Switching
2215.3  Other Electro-Mechanical Switching

    (b)2215.1 Step-by-step switching. This subaccount shall include the 
original cost of step-by-step and associated circuit-switching 
equipment.
    (c) 2215.2 Crossbar switching. This subaccount shall include the 
original cost of crossbar and associated circuit-switching equipment. 
Also included in this account is the cost of electronic translator 
system equipment used in switching.
    (d) 2215.3 Other Electro-mechanical switching. This subaccount shall 
include the original cost of all other types of non-electronic circuit-
switching equipment such as panel systems and their associated circuit-
switching equipment.
    (e) Switching plant excludes switchboards which perform an operator 
assistance function and equipment which is an integral part thereof. It 
does not exclude equipment used solely for the recording of calling 
telephone numbers in connection with customer dialed charged traffic, 
dial tandem switchboards and special service switchboards used in 
conjunction with private line service; such equipment shall be 
classified to the particular switch that it serves.



Sec. 32.2220  Operator systems.

    (a) This account shall include the original cost of those items of 
equipment used to assist subscribers in utilizing the network and 
equipment used in the provision of directory assistance, call intercept, 
and other operator assisted call completion activities.
    (b) This account does not include equipment used solely for the 
recording of calling telephone numbers in connection with customer 
dialed charged traffic, dial tandem switchboards and special service 
switchboards used in conjunction with private line service; such 
equipment shall be classfied to the particular switch that it serves.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994]



Sec. 32.2230  Central office--transmission.

    This account shall be used by Class B companies to record the 
original cost of radio systems and circuit equipment of the type and 
character required of Class A companies in Accounts 2231 and 2232.



Sec. 32.2231  Radio systems.

    (a) This account shall include the original cost of ownership of 
radio transmitters and receivers. The investment in radio systems shall 
be maintained in the following subaccounts:

2231.1  Satellite and Earth Station Facilities
2231.2  Other Radio Facilities

    (b) 2231.1 Satellite and earth station facilities. This subaccount 
shall include the original cost of ownership interest in satellities 
(including land-side spares), other spare parts, material and supplies. 
It shall include launch insurance and other satellite launch costs. This 
subaccount shall also include the original cost of earth stations and 
spare parts, material or supplies therefor.
    (c) 2231.2 Other radio facilities. (1) This subaccount shall include 
the original cost of radio equipment used to provide radio communication 
channels. Radio equipment is that equipment which is used for the 
generation, amplification, propagation, reception, modulation, and 
demodulation of radio waves in

[[Page 445]]

free space over which communication channels can be provided. This 
subaccount shall also include the associated carrier and auxiliary 
equipment and patch bay equipment which is an integral part of the radio 
equipment. Such equipment may be located in central office buildings, 
terminal rooms, or repeater stations or may be mounted on towers, masts 
or other supports.
    (2) This subaccount shall be maintained in order that the company 
may separately report the amounts contained herein that relate to 
cellular radio facilities, non-cellular radio facilities, and 
terrestrial microwave radio facilities. Such subsidiary record 
categories shall be reported as required by Part 43 of this Commission's 
Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994]



Sec. 32.2232  Circuit equipment.

    (a) This account shall include the original cost of equipment which 
is used to reduce the number of physical pairs otherwise required to 
serve a given number of subscribers by utilizing carrier systems, 
concentration stages or combinations of both. It shall include equipment 
that provides for simultaneous use of a number of interoffice channels 
on a single transmission path. This account shall also include equipment 
which is used for the amplification, modulation, regeneration, circuit 
patching, balancing or control of signals transmitted over interoffice 
communications transmission channels. This account shall include 
equipment which utilizes the message path to carry signaling information 
or which utilizes separate channels between switching offices to 
transmit signaling information independent of the subscribers' 
communication paths or transmission channels. This account shall also 
include the original cost of associated material used in the 
construction of such plant. Circuit equipment may be located in central 
offices, in manholes, on poles, in cabinets or huts or at other company 
locations.
    (b) This account excludes carrier and auxiliary equipment and patch 
bays which are includable in Account 2231.2, Other Radio Facilities. 
This account also excludes such equipment which is an integral component 
of a major unit which is classifiable to other accounts.
    (c) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that 
relate to digital and analog. Such subsidiary record categories shall be 
reported as required by part 43 of this Commission's Rules and 
Regulations.



Sec. 32.2310  Information origination/termination.

    This account shall be used by Class B companies to record the 
original cost of information origination/termination equipment of the 
type and character required of Class A companies in Accounts 2311 
through 2362.



Sec. 32.2311  Station apparatus.

    (a) This account shall include the original cost of station 
apparatus, including teletypewriter equipment, telephone and 
miscellaneous equipment, small private branch exchanges and radio 
equipment (excluding mobile), installed for customer's use. Items 
included in this account shall remain herein until finally disposed of 
or until used in such manner as to warrant inclusion in other accounts.
    (b) Each company shall prepare a list of station apparatus which 
shall be used as its list of disposition units for this account, the 
cost of which when finally disposed of shall be credited to this account 
and charged to Account 3100, Accumulated Depreciation.
    (c) The cost of cross-connection boxes, distributing frames or other 
distribution points which are installed to terminate intrabuilding 
network cable shall be charged to Account 2426, Intrabuilding Network 
Cable.
    (d) Operator head sets and transmitters in central offices and at 
private branch exchanges, and test sets such as those used by wire 
chiefs, outside plant technicians, and others, shall be included in 
Account 2116, Other Work Equipment, Account 2220, Operator Systems, or 
Account 2341, Large Private Branch Exchanges, as appropriate.
    (e) Station apparatus for company official use shall be included in 
Account 2123, Office Equipment.

[[Page 446]]

    (f) An annual inventory shall be taken of all station apparatus in 
stock that are included in this account. The number of such station 
apparatus items as determined by this inventory, together with the 
number of all other station apparatus items included in this account, 
shall be compared with the corresponding number of station apparatus 
items as shown by the respective control records. The original cost of 
any unreconciled differences thereby disclosed shall be adjusted through 
Account 3100, Accumulated Depreciation. Appropriate verifications shall 
be made at suitable intervals and necessary adjustments between this 
account and Account 3100 shall be made for all station apparatus 
included in this account.
    (g) Items of station apparatus in stock for which no further use in 
the ordinary conduct of the business is contemplated, but which as a 
precautionary measure are held for possible future contingencies instead 
of being discarded shall be excluded from this account and included in 
Account 1220, Inventories.
    (h) Embedded CPE is that equipment or inventory which was tariffed 
or otherwise subject to the jurisdictional separations process as of 
January 1, 1983.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6561, Mar. 4, 1987; 52 
FR 39535, Oct. 22, 1987; 59 FR 46930, Sept. 13, 1994]



Sec. 32.2321  Customer premises wiring.

    (a) This account shall include all amounts transferred from the 
former Account 232, Station Connections, inside wiring subclass.
    (b) Embedded Customer Premises Wiring is that investment in customer 
premises wiring equipment or inventory which was capitalized prior to 
October 1, 1984.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6561, Mar. 4, 1987]



Sec. 32.2341  Large private branch exchanges.

    (a) This account shall include the original cost, including the cost 
of installation, of multiple manual private branch exchanges and of dial 
system private branch exchanges of types designed to accommodate 100 or 
more lines or which can normally be expanded to 100 or more lines, 
installed for customers' use. This account shall also include the 
original cost of other large installations of station equipment: (1) 
Which do not constitute stations, (2) which require special or 
individualized treatment because of their complexity, special design, or 
other distinctive characteristics, and (3) for which individual or other 
specialized cost records are appropriate. (Note also Account 2311, 
Station Apparatus.)
    (b) The cost of intrabuilding network cables including their 
associated cross-connection boxes, terminals, distributing frames, etc., 
is chargeable to Account 2426, Intrabuilding Network Cable.
    (c) The cost of outside plant, whether or not on private property, 
used with intrabuilding, network cable shall be charged to the 
appropriate outside plant accounts.
    (d)-(e) [Reserved]
    (f) Private branch exchanges for company official use shall be 
included in Account 2123, Office Equipment.
    (g) Embedded CPE is that equipment or inventory which is tariffed or 
otherwise subject to the jurisdictional separations process as of 
January 1, 1983. Inventories of large private branch exchanges equipment 
are included in Account 1220, Inventories.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6562, Mar. 4, 1987; 52 
FR 39535, Oct. 22, 1987; 59 FR 46930, Sept. 13, 1994]



Sec. 32.2351  Public telephone terminal equipment.

    (a) This account shall include the original cost of coinless, coin-
operated (including public and semi-public), credit card and pay 
telephone installed for use by the public.
    (b) This account shall also include the original cost of operating 
spares that are required to provide a continuity of service for public 
telephones. The operating spares shall not exceed six months supply in 
terms of turnover and be available to installers from locations in 
reasonable proximity to the location of the installed equipment.
    (c) The original cost of installing public telephone equipment shall 
not include the labor and minor materials costs of installing the public 
telephone equipment or premises wiring. These

[[Page 447]]

costs as well as the cost of replacing a public telephone shall be 
charged to Account 6351 Public Telephone Terminal Equipment Expense. The 
labor and minor materials costs of removal of public telephones will 
also be charged to Account 6351.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 29019, Aug. 5, 1987]



Sec. 32.2362  Other terminal equipment.

    (a) This account shall include the original cost of other Non-CPE 
terminal equipment not specifically provided for elsewhere and items 
such as specialized communications equipment provided to meet the needs 
of the disabled, over-voltage protection equipment, multiplexing 
equipment to deliver multiple channels to customers, etc.
    (b) Each company shall prepare a list of other terminal equipment 
which shall be used as its list of retirement units for this account, 
the cost of which when finally disposed of shall be credited to this 
account and charged to Account 3100, Accumulated Depreciation.



Sec. 32.2410  Cable and wire facilities.

    This account shall be used by Class B companies to record the 
original cost of cable and wire facilities of the type and character 
required of Class A companies in Accounts 2411 through 2441.



Sec. 32.2411  Poles.

    This account shall include the original cost of poles, crossarms, 
guys and other material used in the construction of pole lines and shall 
include the cost of towers when not associated with buildings. This 
account shall also include the cost of clearing pole line routes and of 
tree trimming but shall exclude the cost of maintaining previously 
cleared routes.



Sec. 32.2421  Aerial cable.

    (a) This account shall include the original cost of aerial cable and 
of drop and block wires served by such cable or aerial wire as well as 
the cost of other material used in construction of such plant. 
Subsidiary record categories, as defined below, are to be maintained for 
nonmetallic aerial cable and metallic aerial cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of permits and privileges for the construction of cable 
and wire facilities shall be included in the account chargeable with 
such construction.



Sec. 32.2422  Underground cable.

    (a) This account shall include the original cost of underground 
cable installed in conduit and of other material used in the 
construction of such plant. Subsidiary record categories, as defined 
below, are to be maintained for nonmetallic underground cable and 
metallic underground cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of pumping water out of manholes and of cleaning 
manholes and ducts in connection with construction work and the cost of 
permits and privileges for the construction of cable and wire facilities 
shall be included in the account chargeable with such construction.
    (c) The cost of drop and block wires served by underground cable 
shall be included in Account 2423, Buried Cable.
    (d) The cost of cables leading from the main distributing frame or 
equivalent to central office equipment shall

[[Page 448]]

be included in the appropriate switching, transmission or other 
operations asset account.



Sec. 32.2423  Buried cable.

    (a) This account shall include the original cost of buried cable as 
well as the cost of other material used in the construction of such 
plant. This account shall also include the cost of trenching for and 
burying cable run in conduit not classifiable to Account 2441, Conduit 
Systems. Subsidiary record categories, as defined below, are to be 
maintained for nonmetallic buried cable and metallic buried cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of pumping water out of manholes and of cleaning 
manholes and ducts in connection with construction work and the cost of 
permits and privileges for the construction of cable and wire facilities 
shall be included in the account chargeable with such construction.



Sec. 32.2424  Submarine cable.

    (a) This account shall include the original cost of submarine cable 
and other material used in the construction of such plant. Subsidiary 
record categories, as defined below, are to be maintained for 
nonmetallic submarine cable and metallic submarine cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of permits and privileges for the constructon of cable 
and wire facilities shall be included in the account chargeable with 
such construction.



Sec. 32.2425  Deep sea cable.

    (a) This account includes the original cost of deep sea cable and 
other material used in the construction of such plant. Subsidiary record 
categories, as defined below, are to be maintained for nonmetallic deep 
sea cable and metallic deep sea cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subisidary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of permits and privileges for the construction of cable 
and wire facilities shall be included in the account chargeable with 
such construction.



Sec. 32.2426  Intrabuilding network cable.

    (a) This account shall include the original cost of cables and wires 
located on the company's side of the demarcation point or standard 
network interface inside subscribers' buildings or between buildings on 
one customer's same premises. Intrabuilding network cables are used to 
distribute network access facilities to equipment rooms, cross-
connection or other distribution points at which connection is made with 
customer premises wiring. Subsidiary record categories, as defined 
below, are to be maintained for nonmetallic intrabuilding network cable 
and metallic intrabuilding network cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.

[[Page 449]]

    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of pumping water out of manholes and of cleaning 
manholes and ducts in connection with construction work and the cost of 
permits and privileges for the construction of cable and wire facilities 
shall be included in the account chargeable with such construction.
    (c) Intrabuilding network cable does not include the cost of cables 
or wires which are classifiable as network terminating wire, nor the 
cables or wires from the demarcation point or standard network interface 
to subscribers' stations.



Sec. 32.2431  Aerial wire.

    (a) This account shall include the original cost of bare line wire 
and other material used in the construction of such plant.
    (b) The cost of permits and privileges for the construction of cable 
and wire facilities shall be included in the account chargeable with 
such construction.
    (c) The cost of drop and block wires served by aerial wire shall be 
included in Account 2421, Aerial Cable.



Sec. 32.2441  Conduit systems.

    (a) This account shall include the original cost of conduit, whether 
underground, in tunnels or on bridges, which is reusable in place. It 
shall also include the cost of opening trenches and of any repaving 
necessary in the construction of conduit plant.
    (b) The cost of pumping water out of manholes and of cleaning 
manholes and ducts in connection with construction work and the cost of 
permits and privileges for the construction of cable and wire facilities 
shall be included in the account chargeable with such construction.
    (c) The cost of protective covering for buried cable shall be 
charged to Account 2423, Buried Cable, as appropriate, unless such 
protective covering is reusable in place. The amounts thus charged shall 
be included in the nonmetallic buried cable or metallic buried cable 
subsidiary record category, as appropriate.
    (d) The cost of pipes or other protective covering for underground 
drop and block wires shall be included in Account 2421, Aerial Cable, or 
Account 2423, Buried Cable, as appropriate. The amounts thus charged 
shall be included in the nonmetallic or metallic subsidiary record 
category, as appropriate.



Sec. 32.2680  Amortizable tangible assets.

    This account shall be used by Class B carriers to record amounts for 
property acquired under capital leases and the original cost of 
leasehold improvements of the type of character required of Class A 
companies in Accounts 2681 and 2682.



Sec. 32.2681  Capital leases.

    (a) This account shall include all property acquired under a capital 
lease. A lease qualifies as a capital lease when one or more of the 
following criteria is met:
    (1) By the end of the lease term, ownership of the leased property 
is transferred to the leasee.
    (2) The lease contains a bargain purchase option.
    (3) The lease term is substantially (75% or more) equal to the 
estimated useful life of the leased property. However, if the beginning 
of the lease term falls within the last 25% of the total estimated 
economic life of the leased property, including earlier years of use, 
this criterion shall not be used for purposes of classifying the lease.
    (4) At the inception of the lease, the present value of the minimum 
lease payments, excluding that portion of the payments representing 
executory costs to be paid by the lessor, including any profit thereon, 
equals or exceeds 90% or more of the fair value of the leased property. 
However, if the beginning of the lease term falls within the last 25% of 
the total estimated economic life of the leased property, including 
earlier years of use, this criterion shall not be used for purposes of 
classifying the lease.
    (b) All other leases are operating leases.
    (c) The amounts recorded in this account at the inception of a 
capital

[[Page 450]]

lease shall be equal to the original cost, if known, or to the present 
value not to exceed fair value, at the beginning of the lease term, of 
minimum lease payments during the lease term, excluding that portion of 
the payments representing executory costs to be paid by the lessor, 
together with any profit thereon.



Sec. 32.2682  Leasehold improvements.

    (a) This account shall include the original cost of leasehold 
improvements made to telecommunications plant held under a capital or 
operating lease, which are subject to amortization treatment. This 
account shall also include those improvements which will revert to the 
lessor.
    (b) Improvements to leased telecommunications plant which are of a 
relatively minor cost or short life or for which the period of the lease 
is one year or less shall be charged to the account chargeable with the 
cost of repairs to such plant.
    (c) Amounts contained in this account shall be amortized over the 
term of the related lease.



Sec. 32.2690  Intangibles.

    (a) This account shall include the cost of organizing and 
incorporating the company, the original cost of government franchises, 
the original cost of patent rights, and other intangible property having 
a life of more than one year and used in connection with the company's 
telecommunications operations.
    (b) Subsidiary records for this account shall include a description 
of each class of intangible property.
    (c) The cost of other intangible assets having a life of one year or 
less shall be charged directly to Account 6564, Amortization Expense-
Intangible. Such intangibles acquired at small cost may also be charged 
to Account 6564, irrespective of their term of life.
    (d) This account shall not include any discounts on securities 
issued, nor shall it include costs incident to negotiating loans, 
selling bonds or other evidences of debt, or expenses in connection with 
the authorization, issuance, sale or resale of capital stock.
    (e) When charges are made to this account for expenses incurred in 
mergers, consolidations, or reorganizations, amounts previously included 
in this account on the books of the various companies concerned shall 
not be carried over.
    (f) Franchise taxes payable annually or more frequently shall be 
charged to Account 7240, Operating Other Taxes.
    (g) This account shall not include the cost of plant, material and 
supplies, or equipment furnished to municipalities or other governmental 
authorities when given other than as initial consideration for 
franchises or similar rights. (Note also Account 6728, Other General & 
Administative.).
    (h) This account shall not include the original cost of easements, 
rights of way, and similar rights in land having a term of more than one 
year. Such amounts shall be recorded in Account 2111, Land, or in the 
appropriate outside plant account (see Accounts 2411 through 2441), or 
in the appropriate central office account (see Accounts 2211 through 
2232).



Sec. 32.3000  Instructions for balance sheet accounts--Depreciation and amortization.

    (a) Depreciation and Amortization Subsidiary Records:
    (1) Subsidiary record categories shall be maintained for each class 
of depreciable telecommunications plant in Account 3100 for which there 
is a prescribed depreciation rate. (See also Sec. 32.2000(g)(1)(iii) of 
this subpart.)
    (2) Subsidiary records shall be maintained for Accounts 3400, 3410, 
3420, 3500 and 3600 in accordance with Sec. 32.2000(h)(4) of this 
subpart.
    (b) Depreciation and Amortization Accounts to be Maintained by Class 
A and Class B telephone companies, as indicated:

------------------------------------------------------------------------
                                                       Class A   Class B
                    Account title                      account   account
------------------------------------------------------------------------
Depreciation and amortization:
    Accumulated depreciation........................      3100      3100
    Accumulated depreciation--Held for future
     telecommunications use.........................      3200      3200
    Accumulated depreciation--Nonoperating..........      3300      3300
    Accumulated amortization--Tangible..............  ........      3400
    Accumulated amortization--Capitalized leases....      3410  ........

[[Page 451]]

 
    Accumulated amortization--Leasehold improvements      3420  ........
    Accumulated amortization--Intangible............      3500      3500
    Accumulated amorization--Other..................      3600      3600
------------------------------------------------------------------------


[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994]



Sec. 32.3100  Accumulated depreciation.

    (a) This account shall include the accumulated depreciation 
associated with the investment contained in Account 2001, 
Telecommunications Plant in Service.
    (b) This account shall be credited with depreciation amounts 
concurrently charged to Account 6561, Depreciation Expense--
Telecommunications Plant in Service. (Note also Account 3300, 
Accumulated Depreciation--Nonoperating.)
    (c) At the time of retirement of depreciable operating 
telecommunications plant, this account shall be charged with the 
original cost of the property retired plus the cost of removal and 
credited with the salvage value and any insurance proceeds recovered.
    (d) This account shall be credited with amounts charged to Account 
1438, Deferred Maintenance and Retirements, as provided in 
Sec. 32.2000(g)(4) of this subpart. This account shall be credited with 
amounts charged to Account 6561 with respect to other than relatively 
minor losses in service values suffered through terminations of service 
when charges for such terminations are made to recover the losses.



Sec. 32.3200  Accumulated depreciation--held for future telecommunications use.

    (a) This account shall include the accumulated depreciation 
associated with the investment contained in Account 2002, Property Held 
for Future Telecommunications Use.
    (b) This account shall be credited with amounts concurrently charged 
to Account 6562, Depreciation Expense--Property Held for Future 
Telecommunications Use.



Sec. 32.3300  Accumulated depreciation--nonoperating.

    (a) This account shall include the accumulated amortization and 
depreciation associated with the investment contained in Account 2006, 
Nonoperating Plant.
    (b) This account shall be credited with amortization and 
depreciation amounts concurrently charged to Account 7360, Other 
Nonoperating Income.
    (c) When nonoperating plant not previously used in 
telecommunications service is disposed of, this account shall be charged 
with the amount previously credited hereto with respect to such property 
and the book cost of the property so retired less the amount chargeable 
to this account and less the value of the salvage recovered or the 
proceeds from the sale of the property shall be included in Account 
7350, Gains or Losses on Disposition of Certain Property. In case the 
property had been used in telecommunications service previous to its 
inclusion in Account 2006, Nonoperating Plant, the amount accrued for 
depreciation thereon after its retirement from telecommunications 
service shall be charged to this account and credited to Account 3100, 
Accumulated Depreciation, and the accounting for its retirement from 
Account 2006 shall be in accordance with that applicable to 
telecommunications plant retired.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994]



Sec. 32.3400  Accumulated amortization--tangible.

    This account shall be used by Class B companies to record 
accumulated amortization of the type and character required of Class A 
companies in Accounts 3410 and 3420.



Sec. 32.3410  Accumulated amortization--capitalized leases.

    (a) This account shall include the accumulated amortization 
associated with the investment contained in Account 2681, Capital 
Leases.
    (b) This account shall be credited with amounts for the amortization 
of capital leases concurrently charged to Account 6563, Amortization 
Expense--

[[Page 452]]

Tangible. (Note also Account 3300, Accumulated Depreciation--
Nonoperating.)
    (c) When any item carried in Account 2681 is sold, is relinquished, 
or is otherwise retired from service, this account shall be charged with 
the cost of the retired item. Remaining amounts associated with the item 
shall be debited to Account 7160, Other Operating Gains and Losses, or 
Account 7360, Other Nonoperating Income, as appropriate.



Sec. 32.3420  Accumulated amortization--leasehold improvements.

    (a) This account shall include the accumulated amortization 
associated with the investment contained in Account 2682, Leasehold 
Improvements.
    (b) This account shall be credited with amounts for the amortization 
of leasehold improvements concurrently charged to Account 6563, 
Amortization Expense--Tangible. (Note also Account 3300, Accumulated 
Depreciation--Nonoperating.)
    (c) When any item carried in Account 2682 is sold, is relinquished, 
or is otherwise retired from service, this account shall be charged with 
the cost of the retired item. Remaining amounts associated with the item 
shall be debited to Account 7360, Other Nonoperating Income.



Sec. 32.3500  Accumulated amortization--intangible.

    (a) This account shall include the accumulated amortization 
associated with the investment contained in Account 2690, Intangibles.
    (b) This account shall be credited with amortization amounts 
concurrently charged to Account 6564, Amortization Expense--Intangible. 
(Note also Account 3300, Accumulated Depreciation--Nonoperating.)
    (c) When any item carried in Account 2690 is sold, relinquished, or 
otherwise retired from service, this account shall be charged with the 
cost of the retired item. Remaining amounts associated with the item 
shall be debited Account 7360, Other Nonoperating Income.



Sec. 32.3600  Accumulated amortization--other.

    (a) This account shall include the accumulated amortization 
associated with the investment contained in Account 2005, 
Telecommunications Plant Adjustment.
    (b) This account shall be credited with amortization amounts 
concurrently charged to Account 6565, Amortization Expense--Other. (Note 
also Account 3300, Accumulated Depreciation--Nonoperating.)
    (c) When any item carried in Account 2005 is sold, relinquished, or 
otherwise retired from service, this account shall be charged with the 
cost of the retired item. Remaining amounts associated with the item 
shall be debited Account 7360, Other Nonoperating Income.



Sec. 32.4000  Instructions for balance sheet accounts--liabilities and stockholders' equity.

    Liabilities and Stockholders' Equity Accounts to be Maintained by 
Class A and Class B telephone companies:

------------------------------------------------------------------------
                                                       Class A   Class B
                    Account title                      account   account
------------------------------------------------------------------------
Current liabilities:
    Accounts payable................................      4010      4010
    Notes payable...................................      4020      4020
    Advance billing and payments....................      4030      4030
    Customer's deposits.............................      4040      4040
    Current maturities--long-term debt..............      4050      4050
    Current maturities--capital leases..............      4060      4060
    Income taxes--accrued...........................      4070      4070
    Other taxes--accrued............................      4080      4080
    Net Current Deferred Operating Income Taxes.....      4100      4100
    Net Current Deferred Nonoperating Income Taxes..      4110      4110
    Other accrued liabilities.......................      4120      4120
    Other current liabilities.......................      4130      4130
Long-term debt:
    Funded debt.....................................      4210      4210
    Premium on long-term debt.......................      4220      4220
    Discount on long-term debt......................      4230      4230
    Reacquired debt.................................      4240      4240
    Obligations under capital leases................      4250      4250
    Advances from affiliated companies..............      4260      4260
    Other long-term debt............................      4270      4270
Other liabilities and deferred credits:
    Other long-term liabilities.....................      4310      4310
    Unamortized operating investment tax credits--
     net............................................      4320      4320
    Unamortized nonoperating investment tax credits--
     net............................................      4330      4330
    Net noncurrent deferred operating income taxes..      4340      4340
    Net deferred tax liability adjustments..........      4341      4341
    Net noncurrent deferred nonoperating income
     taxes..........................................      4350      4350
    Other deferred credits..........................      4360      4360
    Deferred tax regulatory liability...............      4361      4361
    Other jurisdictional liabilities and deferred
     credits--net...................................      4370      4370
Stockholders' equity:
    Capital stock...................................      4510      4510
    Additional paid-in capital......................      4520      4520
    Treasury stock..................................      4530      4530

[[Page 453]]

 
    Other capital...................................      4540      4540
    Retained earnings...............................      4550      4550
------------------------------------------------------------------------


[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9418, Feb. 28, 1994]



Sec. 32.4010  Account payable.

    (a) This account shall include all amounts currently due to others 
for recurring trade obligations, and not provided for in other accounts, 
such as those for traffic settlements, material and supplies, repairs to 
telecommunications plant, matured rents, and interest payable under 
monthly settlements on short-term loans, advances, and open accounts. It 
shall also include amounts of taxes payable that have been withheld from 
employees' salaries.
    (b) Subsidiary record categories shall be maintained for this 
account in order that the company may separately report the amounts 
contained herein that relate to nonaffiliates and affiliates. Such 
subsidiary record categories shall be reported as required by Part 43 of 
this Commission's Rules and Regulations.
    (c) There shall be included herein accounts payable arising from 
sharing of revenues.



Sec. 32.4020  Notes payable.

    (a) This account shall include the face amount of notes, drafts, and 
other evidences of indebtedness issued or assumed by the company (except 
interest coupons) which are payable on demand or not more than one year 
or less from date of issue.
    (b) Subsidiary record categories shall be maintained for this 
account in order that the company may separately report the amounts 
contained herein that relate to nonaffiliates and affiliates. Such 
subsidiary record categories shall be reported as required by Part 43 of 
this Commission's Rules and Regulations.
    (c) If any part of an obligation, otherwise includable in this 
account matures more than one year from date of issue, it shall be 
included in Account 4210, Funded Debt, 4260, Advances from Affiliated 
Companies, or other appropriate account.
    (d) The records supporting the entries to this account shall be kept 
so that the company can furnish complete details as to each note, when 
it is issued, the consideration received, and when it is payable.



Sec. 32.4030  Advance billing and payments.

    This account shall include the amount of advance billing creditable 
to revenue accounts in future months; also advance payments made by 
prospective customers prior to the establishment of service. Amounts 
included in this account shall be credited to the appropriate revenue 
accounts in the months in which the service is rendered or cleared from 
this account as refunds are made.



Sec. 32.4040  Customers' deposits.

    (a) This account shall include the amount of cash deposited with the 
company by customers as security for the payment for telecommunications 
service.
    (b) Advance payments made by prospective customers prior to the 
establishment of service shall be credited to Account 4030, Advance 
Billing and Payments.



Sec. 32.4050  Current maturities--long-term debt.

    This account shall include the amount (including any obligations for 
premiums) of long-term debt matured and unpaid without any specific 
agreement for extension of maturity, including unpresented bonds drawn 
for redemption through the operation of sinking and redemption fund 
agreements.



Sec. 32.4060  Current maturities--capital leases.

    This account shall include the current portion of obligations 
applicable to property obtained under capital leases.



Sec. 32.4070  Income taxes--accrued.

    (a) This account shall be credited or charged and the following 
accounts shall be charged or credited with the offsetting amount of 
current year income taxes (Federal, state and local)

[[Page 454]]

accrued during the period or adjustments to prior accruals:

7220  Operating Federal Income Taxes
7230  Operating State and Local Income Taxes
7420  Nonoperating Federal Income Taxes
7430  Nonoperating State and Local Income Taxes
7630  Current Income Tax Effect of Extraordinary Items--Net

    (b) If significant, current year income taxes paid in advance shall 
be reclassified to Account 1300, Prepaid Taxes.



Sec. 32.4080  Other taxes--accrued.

    (a) This account shall be credited or charged and Account 7240, 
Operating Other Taxes, or 7440, Nonoperating Other Taxes, or, for 
payroll related costs, the appropriate expense accounts shall be charged 
or credited for all taxes, other than Federal, State and local income 
taxes, accrued or adjusted for previous accruals during the period. 
Among the taxes includable in this account are property, gross receipts, 
franchise, capital stock, social security and unemployment taxes.
    (b) Taxes paid in advance of the period in which they are chargeable 
to income shall be included in the prepaid taxes Account 1300, Prepaid 
Taxes, or 1410, Other Noncurrent Assets, as appropriate.



Sec. 32.4100  Net current deferred operating income taxes.

    (a) This account shall include the balance of income tax expense 
related to current items from regulated operations which have been 
deferred to later periods as a result of the normalized method of 
accounting for tax differentials authorized by this Commission and not 
provided for elsewhere.
    (b) As regulated assets or liabilities which generated the deferred 
income tax are reclassified from long-term or noncurrent status to 
current, the appropriate deferred income tax shall be reclassified from 
Account 4340, Net Noncurrent Deferred Operating Income Taxes, to this 
account.
    (c) This account shall be debited or credited with the amount being 
debited or credited to Account 7250, Provision For Deferred Operating 
Income Taxes--Net, in accordance with that account's description and 
Sec. 32.22 of subpart B.
    (d) The classification of deferred income taxes as current or 
noncurrent shall follow the classification of the asset or liability 
that gave rise to the deferred income tax. If there is no related asset 
or liability, classification shall be based on the expected turnaround 
of the temporary differences.
    (e) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that are 
property related and those that are nonproperty related. Such subsidiary 
record categories shall be reported as required by Part 43 of this 
Commission's Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994]



Sec. 32.4110  Net current deferred nonoperating income taxes.

    (a) This account shall include the balance of income tax expense 
resulting from comprehensive interpreted tax allocation which has been 
deferred to later periods.
    (b) As other assets or liabilities which generated the deferred 
income tax are reclassified from long-term or noncurrent status to 
current, the appropriate deferred income tax shall be reclassified from 
Account 4350, Net Noncurrent Deferred Nonoperating Income Taxes, to this 
account.
    (c) This account shall be debited or credited with the amount being 
credited or debited to Account 7450, Provision For Deferred Nonoperating 
Income Taxes--Net, in accordance with that account's description and 
Sec. 32.22 of Subpart B.
    (d) This account shall also include the balance of the income taxes 
(Federal, state and local) related to current extraordinary items which 
have been deferred to later periods resulting from comprehensive 
interperiod tax allocation.
    (e) As the extraordinary item which generated the deferred income 
tax becomes current, the appropriate deferred income tax shall be 
reclassified from Account 4350, Net Noncurrent Deferred Nonoperating 
Income Taxes, to this account.

[[Page 455]]

    (f) This account shall be debited or credited with the amount being 
credited and debited to Account 7640, Provision for Deferred Income Tax 
Effect of Extraordinary Items--Net.
    (g) The classification of deferred income taxes as current or 
noncurrent shall follow the classification of the asset or liability 
that gave rise to deferred income tax. If there is no related asset or 
liability, classification shall be based on the expected turnaround of 
the temporary differences.
    (h) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that are 
property related and those that are nonproperty related. Such subsidiary 
record categories shall be reported as required by part 43 of this 
Commission's Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994]



Sec. 32.4120  Other accrued liabilities.

    (a) This account shall include the amount of wages, compensated 
absences, interest on indebtedness of the company, dividends on capital 
stock, and rents accrued to the date for which the balance sheet is 
made, but not payable until after that date.
    (b) This account shall be maintained so as to show separately the 
amount and nature of the items accrued to the date of the balance sheet.
    (c) Matured rents, dividends and interest shall be included in 
Account 4010, Accounts Payable.
    (d) Interest payable under monthly settlements on short-term loans, 
advances, and open accounts shall be included in Account 4010.



Sec. 32.4130  Other current liabilities.

    This account shall include liabilities of current character which 
are not includable in Accounts 4010 through 4120.



Sec. 32.4210  Funded debt.

    (a) This account shall include the total face amount of unmatured 
debt, maturing more than one year from date of issue, issued by the 
company and not retired, and the total face amount of similar unmatured 
debt of other companies, the payment of which has been assumed by the 
company, including funded debt the maturity of which has been extended 
by specific agreement.
    (b) This account shall include such items as mortgage bonds, 
collateral trust bonds, income bonds, convertible debt, debt securities 
with detachable warrants and other similar obligations maturing more 
than one year from date of issue.
    (c) In the case of debt securities with detachable warrants this 
account shall include only the face amount of the security at the time 
of issuance. The value of detachable warrants shall be charged to either 
Account 4220, Premium on Long-Term Debt, or Account 4230, Discount on 
Long-Term Debt, as appropriate, and credited to Account 4520, Additional 
Paid-in Capital, in the case of capital stock warrants or retained in 
this account as a separately identifiable amount in the case of 
detachable long-term debt warrants. No similar allocation shall be made 
for the issuance of either convertible debt or debt securities with non-
detachable warrants.
    (d) Subsidiary records shall be maintained for each issue.
    (e) Securities maturing in one year or less, including securities 
maturing serially, shall be included in Account 4050, Current 
Maturities--Long-Term Debt.
    (f) Investment advances, including those represented by notes, shall 
be included in Account 4270, Other Long-Term Debt.



Sec. 32.4220  Premium on long-term debt.

    (a) This account shall include the premium associated with all 
classes of long-term debt. Premium, as applied to securities issued or 
assumed by the company, means the excess of the current money value 
received at their sale over the sum of their book or face amount and 
interest or dividends accrued at the date of the sale.
    (b) Amounts included in this account shall be amortized monthly by 
the interest method and credited to Account 7510, Interest on Funded 
Debt. (Note also Sec. 32.4210(c) of this subpart.)
    (c) Subsidiary records shall be maintained to identify the premium 
attributable to each issue.

[[Page 456]]



Sec. 32.4230  Discount on long-term debt.

    (a) This account shall include the discount associated with all 
classes of long-term debt. Discount, as applied to securities issued or 
assumed by the company, means the excess of the book or face amount of 
the securities plus interest or dividends accrued at the date of the 
sale over the current money value of the consideration received at their 
sale.
    (b) Amounts included in this account shall be amortized monthly by 
the interest method and charged to Account 7510, Interest On Funded 
Debt. (Note also Sec. 32.4210(c) of this subpart.)
    (c) Subsidiary records shall be maintained to identify the discount 
attributable to each issue.



Sec. 32.4240  Reacquired debt.

    This account shall include the face amount of debt reacquired prior 
to maturity that has not been retired. Gain or loss shall be recognized 
at the time of reacquisition by credits or charges to Account 7360, 
Other Nonoperating Income, except that material gains or losses shall be 
treated as extraordinary. (See Accounts 7610, Extraordinary Income 
Credits, and 7620, Extraordinary Income Charges.)



Sec. 32.4250  Obligations under capital leases.

    (a) This account shall include the noncurrent portion of obligations 
applicable to property obtained under capital leases.
    (b) Amounts subject to current settlement shall be included in 
Account 4060, Current Maturities--Capital Leases.



Sec. 32.4260  Advances from affiliated companies.

    (a) This account shall include the amount of advance from affiliated 
companies.
    (b) Amounts due affiliated companies which are subject to current 
settlement shall be included in Account 4010 or 4020, as appropriate.



Sec. 32.4270  Other long-term debt.

    This account shall include long-term debt not provided for 
elsewhere.



Sec. 32.4310  Other long-term liabilities.

    (a) This account shall include amounts accrued to provide for such 
items as unfunded pensions (if actuarially determined), death benefits, 
deferred compensation costs and other long-term liabilities not provided 
for elsewhere.
    (b) Subsidiary records shall be maintained to identify the nature of 
the items included herein.



Sec. 32.4320  Unamortized operating investment tax credits--net.

    (a) This account shall be credited and Account 7210, Operating 
Investment Tax Credits--Net, should be debited with investment tax 
credits generated from qualified expenditures related to regulated 
operations which the company defers rather than recognizes currently in 
income.
    (b) This account shall be debited and Account 7210 credited with a 
proportionate amount determined in relation to the period of time used 
for computing book depreciation on the property to which the tax credit 
relates.



Sec. 32.4330  Unamortized nonoperating investment tax credits--net.

    (a) This account shall be credited and Account 7410, Nonoperating 
Investment Tax Credits--Net, shall be debited with investment tax 
credits generated from qualified expenditures related to other 
operations which the company has elected to defer rather than recognize 
currently in income.
    (b) This account shall be debited and Account 7410 credited with a 
proportionate amount determined in relation to the useful book life of 
the property to which the tax credit relates.



Sec. 32.4340  Net noncurrent deferred operating income taxes.

    (a) This account shall include the balance of income tax expense 
related to noncurrent items from regulated operations which have been 
deferred to later periods as a result of comprehensive interperiod tax 
allocation related to temporary differences that arise from regulated 
operations.
    (b) This account shall be credited or debited, as appropriate, and 
Account 7250, Provision for Deferred Operating Income Taxes--Net, shall 
reflect the

[[Page 457]]

offset for the tax effect of revenues and expenses from regulated 
operations which have been included in the determination of taxable 
income, but which will not be included in the determination of book 
income or for the tax effect of revenues and expenses from regulated 
operations which have been included in the determination of book income 
prior to the inclusion in the determination of taxable income.
    (c) As regulated assets or liabilities which generated the prepaid 
income tax or deferred income tax are reclassified from long-term or 
noncurrent status to current status, the appropriate deferred income tax 
shall be reclassified from this account to Account 4100, Net Current 
Deferred Operating Income Taxes.
    (d) The classification of deferred income taxes as current or 
noncurrent shall follow the classification of the asset or liability 
that gave rise to the deferred income tax. If there is no related asset 
or liability, classification shall be based on the expected turnaround 
of the temporary difference.
    (e) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that are 
property related and those that are nonproperty related. Such subsidiary 
record categories shall be reported as required by Part 43 of this 
Commission's Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994]



Sec. 32.4341  Net deferred tax liability adjustments.

    (a) This account shall include the portion of deferred income tax 
charges and credits pertaining to Accounts 32.1437, Deferred Tax 
Regulatory Asset, and 32.4361, Deferred Tax Regulatory Liability.
    (b) This account shall be used to record adjustments to the 
accumulated deferred tax liabilities recorded in Accounts 4100 and 4340 
for:
    (1) Tax effects of temporary differences accounted for under the 
flow-through method or treated as permanent differences.
    (2) Reclassification attributable to changes in tax rates (Federal, 
state and local). As tax rates increase or decrease, the offsetting 
debit or credit will be recorded in Account 1437 and/or 4361 as required 
by paragraph (a) of this section.
    (3) The tax effects of carryforward net operating losses and 
carryforward investment tax credits expected to reduce future taxes 
payable that are reported in published financial statements.
    (4) Reversals of the tax effects of carryforward net operating 
losses and carryforward investment tax credits previously recorded in 
this account at the time they become recognized as reductions in current 
taxable income and current taxes payable on tax returns.
    (c) This account shall be exempt from the vintage year detail record 
requirements of Sec. 32.22(e)(2).

[59 FR 9419, Feb. 28, 1994]



Sec. 32.4350  Net noncurrent deferred nonoperating income taxes.

    (a) This account shall include the balance of income tax expense 
(Federal, state, and local) that has been deferred to later periods as a 
result of comprehensive interperiod allocation related to nonoperating 
differences.
    (b) This account shall be credited or debited, as appropriate, and 
Account 7450, Provision for Deferred Nonoperating Income Taxes--Net, 
shall reflect the offset for the tax effect of revenues from other 
operations and extraordinary items and nonoperating expenses which have 
been included in the determination of taxable income, but which will not 
be included in the determination of book income or for the tax effect of 
nonoperating expenses and extraordinary items and nonoperating income 
which have been included in the determination of book income prior to 
the inclusion in the determination of taxable income.
    (c) As other assets or liabilities which generated the prepaid 
income tax or deferred income tax are reclassified from long-term or 
non-current status to current status, the appropriate deferred income 
tax shall be reclassified from this account to account 4110, Net Current 
Deferred Nonoperating Income Taxes.
    (d) This account shall also include the balance of the income tax 
effect (Federal, State and local) related to

[[Page 458]]

noncurrent extraordinary items which have been included in the 
determination of taxable income in a period different from when it is 
included in the determination of book income, that is, more than one 
year.
    (e) This account shall be charged or credited with the contra amount 
recorded to Account 7640, Provision for Deferred Income Tax Effect of 
Extraordinary Items--Net, in accordance with Sec. 32.22 of subpart B.
    (f) As the extraordinary item which generated the deferred income 
tax becomes current, the appropriate deferred income tax shall be 
reclassified from this account to Account 4110, Net Current Deferred 
Nonoperating Income Taxes.
    (g) The classificaiton of deferred income taxes as current or 
noncurrent shall follow the classification of the asset or liability 
that gave rise to the deferred income tax. If there is no related asset 
or liability, classification shall be based on the expected turnaround 
of the temporary difference.
    (h) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that are 
property related and those that are nonproperty related. Such subsidiary 
record categories shall be reported as required by part 43 of this 
Commission's Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994]



Sec. 32.4360  Other deferred credits.

    This account shall include the amount of all deferred credits not 
provided for elsewhere, such as amounts awaiting adjustment between 
accounts; and revenue, expense, and income items in suspense.



Sec. 32.4361  Deferred tax regulatory liability.

    (a) This account shall include amounts of probable future revenue 
reductions attributable to future decreases in taxes payable. As 
reductions occur, amounts recorded in this amount shall be reduced with 
a debit entry and a credit entry to Account 4341, Net Deferred Tax 
Liability Adjustments.
    (b) This account shall also be adjusted for the impact of 
prospective tax rate changes on the deferred tax liability for those 
temporary differences underlying its existing balance. If the cumulative 
effect on such adjustments reduces the account to a net debit balance, 
such balance shall be reclassified to Account 1437.

[59 FR 9419, Feb. 28, 1994]



Sec. 32.4370  Other jurisdictional liabilities and deferred credits--net.

    This account shall include the cumulative impact on liabilities and 
deferred credits of the jurisdictional ratemaking practices which vary 
from those of this Commission. All entries recorded in this account 
shall be recorded net of any applicable income tax effects and shall be 
supported by appropriate subsidiary records where necessary as provided 
for in Sec. 32.13 of subpart B.



Sec. 32.4510  Capital stock.

    (a) This account shall include the par value, stated amount, or in 
the case of no-par stock, the amount received for capital stock issued 
and outstanding.
    (b) Subsidiary records shall be maintained so as to show separately 
each class of stock.
    (c) This account shall be charged with the book amount of any stock 
retired.



Sec. 32.4520  Additional paid-in capital.

    (a) This account shall include the difference between the net 
proceeds (including discount, premium and stock issuance expense) 
received from the issuance of capital stock and the amount includable in 
Account 4510, Capital Stock, unless such difference results in a debit 
balance for that class of stock, in which case the amount shall be 
charged to Account 4550, Retained Earnings.
    (b) This account shall also include gains arising from the 
retirement and cancellation of capital stock. Losses from the retirement 
and cancellation of capital stock shall be charged to this account to 
the extent that there exist credits in this account for the same class 
of stock; otherwise to Account 4550.

[[Page 459]]



Sec. 32.4530  Treasury stock.

    This account shall include the cost of the company's own capital 
stock which has been issued and subsequently reacquired but not retired 
or resold.



Sec. 32.4540  Other capital.

    This account shall include amounts which are credits arising from 
the donation by stockholders of the company's capital stock, capital 
recorded upon the reogranization or recapitalization of the company and 
temporary declines in the value of marketable securities held for 
investment purposes. (See also Account 1401 Investment in Affiliated 
Companies.)



Sec. 32.4550  Retained earnings.

    (a) This account shall include the undistributed balance of retained 
earnings derived from the operations of the company and from all other 
transactions not includable in the other accounts appropriate for 
inclusion of stockholders' equity.
    (b) Subsidiary records shall be maintained wherein are recorded all 
entries to retained earnings during the year such that the detail of the 
entries may be disclosed to the Commission.



              Subpart D--Instructions For Revenue Accounts



Sec. 32.4999  General.

    (a) Purpose of revenue accounts. The revenue accounts are intended 
to include the actual cash inflows (or equivalents) that have or will 
occur as a result of the company's ongoing major or central operations 
during the period. They will include the revenues which arise from 
furnishing regulated telecommunications services to others, from 
directory advertising, rentals of telecommunications assets and from 
providing other services which are directly associated with the 
provision of regulated telecommunications services.
    (b) Deductions from revenue. Corrections of overcharges, authorized 
refunds of overcollections previously credited to revenue, authorized 
refunds and adjustments on account of failure in service, and other 
corrections shall be charged to the revenue account previously credited 
with the amounts involved.
    (c) Commissions. Commissions paid to others or employees in place of 
compensation or salaries for services rendered, such as public telephone 
commissions, shall be charged to Account 6623, Customer Services, and 
not to the revenue accounts. Other commissions shall be charged to the 
appropriate expense accounts.
    (d) Revenue recognition. Credits shall be made to the appropriate 
revenue accounts when such revenue is actually earned. When the billing 
cycle encompasses more than one accounting period, adjustments are 
necessary to properly recognize the revenue applicable to the current 
accounting period under report. Revenues recorded under the terms of 
two-tier contracts or other variable payment plans should be deferred, 
if necessary, and recognized ratably with expenses over the terms of the 
related contract. Any amounts deferred shall be credited to Account 
4360, Other Deferred Credits.
    (e) Contractual arrangements. Charges and credits resulting from 
activities associated with the provisions of regulated 
telecommunications services shall be recorded in a manner consistent 
with the nature of the underlying contractual arrangements. The charges 
and credits resulting from expense sharing or apportionment arrangements 
associated with the provision of regulated telecommunications services 
shall be recorded in the detailed regulated accounts. Charges and 
credits resulting from revenue settlement agreements or other revenue 
pooling arrangements associated with the provision of regulated 
telecommunications services shall be included in the appropriate revenue 
accounts. Those charges and credits resulting from contractual revenue 
pooling and/or sharing agreements shall be recorded in each prescribed 
revenue account and prescribed subsidiary record categories thereof to 
the extent that each is separately identifiable in the settlement 
process. It is not intended that settlement amounts be allocated or 
generally spread to the individual revenue accounts where they are not 
separately identifiable in the settlement process. When the settlement 
amounts are not identifiable

[[Page 460]]

by a revenue account they shall be recorded in Account 5069, Other Local 
Exchange Revenue Settlements, 5129, Other Long Distance Private Network 
Revenue Settlements, 5169, Other Long Distance Revenue Settlements, or 
5269, Other Revenue Settlements, as appropriate.
    (f) Subsidiary records--jurisdictional subdivisions. (1) Subsidiary 
record categories shall be maintained in order that the company may 
separately report revenues derived from charges imposed under 
intrastate, interstate and international tariff filings. Such subsidiary 
record categories shall be reported as required by part 43 of this 
Commission's Rules and Regulations.
    (2) This jurisdictional subsidary record requirement applies to all 
accounts except the Network Access Services Group where separate 
accounts have been established for Federal and state access revenues.
    (g) Structure of revenue accounts. (1) The revenue section of the 
system of accounts shall be organized by revenue group summary account, 
account and subsidiary record category (if required).
    (2) The revenue section of this system of accounts shall be 
comprised of five major groups--Local Network Services Revenues, Network 
Access Services Revenues, Long Distance Network Services Revenues, 
Miscellaneous Revenues, and Uncollectible Revenues, which shall be 
considered as a revenue group for the purposes of the construction of 
the system.
    (3) Summary accounts within revenue groups shall be used to describe 
aggregations of two or more accounts having a certain commonality. 
Summary accounts are assigned numbers so that they may be used by Class 
A telephone companies to aggregate accounts for reporting purposes; and, 
as specifically directed, so that they may be used as accounts by Class 
B telephone companies.
    (4) Accounts shall be maintained as prescribed in this Section 
subject to the conditions described in section 32.13 of subpart B. In 
certain instances, subsidiary record categories may be required below 
the account level by this system of accounts or by Commission order.
    (h) Local Network Services revenues. Local Network Services revenues 
(Accounts 5000-5069) shall include revenues derived from the provision 
of service and equipment entirely within the basic service area. That 
area is defined as the normal boundaries for local calling plus Extended 
Area Service (EAS) boundaries as they apply to that service. It includes 
revenues derived from both local private network service and local 
public network services as well as from customer premises facilities 
services. Local revenues include associated charges such as one-time 
service connection or termination charges and secondary features such as 
call waiting.
    (i) Network Access revenues. (1) Network Access revenues (Accounts 
5080-5084) shall include revenues derived from the provision of exchange 
access services to an interexchange carrier or to an end user of 
telecommunications services beyond the exchange carrier's network.
    (2) Billing and collections service provided under exchange access 
tariffs shall be included in the Miscellaneous Revenues Group.
    (j) Long Distance Network Service revenues. Long Distance Network 
Service revenues shall include revenues derived from the provision of 
services beyond the basic service area, whether message or flat-rate and 
including public network switching as well as private.
    (k) Miscellaneous revenues. Miscellaneous revenues are those 
revenues derived from the provision of regulated products and services 
provided under tariff or contract but not contained elsewhere. They 
shall also include operating revenue derived from activities performed 
incident to the company's tariffed telecommunications operations which, 
though non-tariffed, are included in the regulatory process.
    (l) Nonregulated revenues. The nonregulated revenue account shall be 
used for nonregulated operating revenues when a nonregulated activity 
involves the common or joint use of assets or resources in the provision 
of regulated and nonregulated products or services and when such 
activity is accounted for, as required in Sec. 32.23(c) of this subpart, 
within the accounts prescribed in this system for telephone

[[Page 461]]

company operations. Revenues from nontariffed activities offered 
incidental to tariffed services may be accounted for as regulated 
revenues, provided the activities are outgrowths of regulated operations 
and the revenues do not exceed, in the aggregate, one percent of total 
revenues for three consecutive years. Such activities must be listed in 
the Commission-approved Cost Allocation Manual for any company required 
to file a Cost Allocation Manual.
    (m) Uncollectible revenues. Uncollectible revenues shall include 
amounts originally credited to the revenue accounts which have proved 
impracticable of collection.
    (n) Revenue accounts to be maintained.

------------------------------------------------------------------------
                                                     Class A    Class B
                   Account title                     account    account
------------------------------------------------------------------------
Local Network Services Revenues:
    Basic local service revenue...................   \1\ 5000       5000
    Basic area revenue............................       5001  .........
    Optional extended area revenue................       5002  .........
    Cellular mobile revenue.......................       5003  .........
    Other mobile services revenue.................       5004  .........
    Public telephone revenue......................       5010  .........
    Local private line revenue....................       5040  .........
    Customer premises revenue.....................       5050  .........
    Other local exchange revenue..................       5060  .........
    Other local exchange revenue settlements......       5069  .........
Network Access Services Revenues:
    Network access revenue........................   \1\ 5080       5080
    End user revenue..............................       5081       5081
    Switched access revenue.......................       5082       5082
    Special access revenue........................       5083       5083
    State access revenue..........................       5084       5084
Long Distance Network Services Revenues:
    Long distance message revenue.................       5100       5100
    Unidirectional long distance revenue..........   \1\ 5110  .........
    Long distance inward-only revenue.............       5111  .........
    Long distance outward-only revenue............       5112  .........
    Long distance private network revenue.........   \1\ 5120  .........
    Subvoice grade long distance private network
     revenue......................................       5121  .........
    Voice grade long distance private network
     revenue......................................       5122  .........
    Audio program grade long distance private
     network revenue..............................       5123  .........
    Video program grade long distance private
     network revenue..............................       5124  .........
    Digital transmission long distance private
     network revenue..............................       5125  .........
    Long distance private network switching
     revenue......................................       5126  .........
    Other long distance private network revenue...       5128  .........
    Other long distance private network revenue
     settlements..................................       5129  .........
    Other long distance revenue...................       5160  .........
    Other long distance revenue settlements.......       5169  .........
Miscellaneous Revenues:
    Miscellaneous revenue.........................  .........       5200
    Directory revenue.............................       5230  .........
    Rent revenue..................................       5240  .........
    Corporate operations revenue..................       5250  .........
    Miscellaneous revenue.........................   \1\ 5260  .........
    Special billing arrangements revenue..........       5261  .........
    Customer operations revenue...................       5262  .........
    Plant operations revenue......................       5263  .........
    Other incidental regulated revenue............       5264  .........
    Other revenue settlements.....................       5269  .........
    Carrier billing and collection revenue........       5270  .........
Nonregulated Revenues:
    Nonregulated operating revenue................       5280       5280
Uncollectible Revenues:
    Uncollectible revenue.........................   \1\ 5300       5300
    Uncollectible revenue--Telecommunications.....       5301  .........
    Uncollectible revenue--Other..................       5302  .........
------------------------------------------------------------------------
\1\ To be used by Class A telephone companies to summarize accounts for
  reporting purposes.


[51 FR 43499, Dec. 2, 1986, as amended at 53 FR 49322, Dec. 7, 1988; 59 
FR 46930, Sept. 13, 1994]



Sec. 32.5000  Basic local service revenue.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 5001 through 
5004. Class B telephone companies shall use this account for revenues of 
the type and character required of Class A companies in Accounts 5001 
through 5069.



Sec. 32.5001  Basic area revenue.

    (a) This account shall include revenue derived from the provision of 
basic area message services such as flat rate services and measured 
services. Included is revenue derived from non-optional extended area 
services. Also included is revenue derived from the billed or guaranteed 
portion of semi-public services.
    (b) Revenue derived from charges for nonpublished number or 
additional and boldfaced listings in the alphabetical section of the 
company's telephone directories shall be included in Account 5230, 
Directory Revenue.



Sec. 32.5002  Optional extended area revenue.

    This account shall include total revenue derived from the provision 
of optional extended area service.

[[Page 462]]



Sec. 32.5003  Cellular mobile revenue.

    This account shall include message revenue derived from cellular 
mobile telecommunications systems connected to the public switched 
network placed between mobile units and other stations within the mobile 
service area.



Sec. 32.5004  Other mobile services revenue.

    (a) This account shall include message revenue derived from general 
radio telecommunications systems connected to the public switched 
network placed between mobile units and other stations within the mobile 
service area, as well as revenue from mobile radio paging, mobile 
dispatching, and signaling services.
    (b) Revenue from private mobile telephone services which do not have 
access to the public switched network shall be included in Account 5264, 
Other Incidental Regulated Revenue.



Sec. 32.5010  Public telephone revenue.

    This account shall include message revenue (e.g., coin paid) and 
other revenue derived from public and semi-public telephone services 
provided within the basic service area.



Sec. 32.5040  Local private line revenue.

    This account shall include revenue derived from local services that 
involve dedicated circuits, private switching arrangements, and/or 
predefined transmission paths, whether virtual or physical, which 
provide communications between specific locations (e.g., point-to-point 
communications. It includes revenue from subvoice grade, voice grade, 
audio and video program grade, digital transmission and local private 
network switching as well as the revenue from administrative and 
operational support services associated with private network services 
and facilities, e.g., charges for company-directed testing, expedited 
installation, and service restoration priority.



Sec. 32.5050  Customer premises revenue.

    This account shall include revenue derived from tariffed information 
origination/termination plant. Included is revenue derived from the 
provision under leasing arrangements of tariffed customer premises 
equipment (CPE), terminal equipment, station apparatus and large private 
branch exchanges as well as tariffed nonrecurring charges related solely 
to station apparatus. Also included are all tariffed charges for 
customer premises activities and facilities not related solely to 
station apparatus.



Sec. 32.5060  Other local exchange revenue.

    This account shall include revenue from the provision of secondary 
features which are integrated with the telecommunications network such 
as call forwarding, call waiting and touch-tone line service. Also 
included is revenue derived from the provision of public announcement 
and other record message services, directory assistance and other call 
completion services (excluding operator assisted basic long distance 
calls), as well as revenue derived from central office related service 
connection and termination charges, and other non-premise customer 
specific charges associated with public network services. This account 
shall also include local revenue not provided for in other accounts.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994]



Sec. 32.5069  Other local exchange revenue settlements.

    This account shall include the charges and credits resulting from 
contractual revenue pooling and/or sharing agreements for tariffed local 
network services only when they are not separately identifiable by local 
network services revenue accounts in the settlement process. (See also 
Sec. 32.4999(e) of this subpart.) To the extent that the charges and 
credits resulting from a settlement process can be identified by Local 
Network Services Revenue account they shall be recorded in the 
applicable account.



Sec. 32.5080  Network access revenue.

    (a) This account number shall be used by Class A and Class B 
telephone companies to summarize for reporting purposes the contents of 
Accounts 5081 through 5084. It shall include revenue derived from the 
provision of exchange

[[Page 463]]

access services to an interexchange carrier or to an end user of 
telecommunications services beyond the exchange carrier's network.
    (b) Accounts 5081 through 5083 are for federally tariffed access 
charges while Account 5084 is to be used for state tariffed access 
charges.



Sec. 32.5081  End user revenue.

    This account shall contain the federally tariffed monthly flat rate 
charge assessed upon end users.



Sec. 32.5082  Switched access revenue.

    (a) This account shall consist of federally tariffed charges 
assessed to interexchange carriers for access to local exchange 
facilities.
    (b) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that 
relate to limited pay telephone, carrier common line, line termination, 
local switching, intercept, information, common transport and dedicated 
transport. Such subsidiary record categories shall be reported as 
required by part 43 of this Commission's Rules and Regulations.



Sec. 32.5083  Special access revenue.

    (a) This account shall include all federally tariffed charges 
assessed for other than end user or switched access charges referred to 
in Account 5081, End User Revenue, and Account 5082, Switched Access 
Revenue.
    (b) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that 
relate to recurring charges, nonrecurring charges and surcharges. Such 
subsidiary record categories shall be reported as required by part 43 of 
this Commission's Rules and Regulations.



Sec. 32.5084  State access revenue.

    (a) This account shall include all state tariffed charges assessed 
by local exchange carriers upon interexchange carriers and end users for 
access to the local exchange network for intrastate telecommunications.
    (b) Billing and collections services provided under exchange access 
tariffs shall be included in Account 5270, Carrier Billing and 
Collection Revenue.



Sec. 32.5100  Long distance message revenue.

    (a) This account shall be used by Class A telephone companies for 
revenue derived from message services that terminate beyond the basic 
service area of the originating wire center and are individually prices. 
This includes those message services which utilize the public long 
distance switching network and the basic subscriber access line. (See 
also Account 5111, Long Distance Inward-Only Revenue, and Account 5112, 
Long Distance-Outward Only Revenue.) It also includes those long 
distance calls placed from mobile and public telephones, as well as any 
charges for operator assistance or special billing directly related to 
the completion of a specific call. This account shall also include 
revenue derived from individually priced message services offered under 
calling plans (discounted long distance) which do not utilize dedicated 
access lines, as well as those priced at the basic long distance rates 
where a discounted toll charge is on a per message basis. Any revenue 
derived from monthly or one-time charges for obtaining calling plan 
services shall be included in this account.
    (b) Class B telephone companies shall use this account for revenues 
of the type and character required of Class A companies in Accounts 5100 
through 5169.



Sec. 32.5110  Unidirectional long distance revenue.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 5111 and 5112. 
It shall include revenue derived from long distance services which 
permit unidirectional calls to a subscriber from specified service areas 
or which permit the subscriber to place telephone calls from one 
location to other specified services areas. It shall also include 
revenue derived from toll calling plans which embody flat-rate or 
measured time toll service. (See also Account 5100, Long Distance 
Message Revenue.)

[[Page 464]]



Sec. 32.5111  Long distance inward-only revenue.

    This account shall include the revenue derived from long distance 
services which permit unidirectional calls to a subscriber from 
specified services areas (multipoint-to-point service). These calls 
require the use of dedicated access lines connecting a subscriber's 
premises and a designated central office. These dedicated access lines 
are generally separate from those required for the subscriber to place 
outward calls. The call is billed to the subscriber even though it is 
generally initiated by the subscriber's customer or correspondent.



Sec. 32.5112  Long distance outward-only revenue.

    This account shall include revenue derived from long distance 
services which permit the subscriber to place telephone calls from one 
location to other specified service areas (point-to-multipoint service). 
These calls are completed without operator assistance and require the 
use of a dedicated access line. The dedicated access line is generally 
separate from those required for inward message services and cannot be 
used to place calls within the basic service area or calls outside the 
selected service areas. Outward calls are screened and blocked to 
determine whether the calls are within an authorized service area.



Sec. 32.5120  Long distance private network revenue.

    (a) This account number shall be used by Class A telephone companies 
to summarize for reporting purposes the contents of Accounts 5121 
through 5129. It shall include revenue derived from services extending 
beyond the basic service area that involve dedicated circuits, private 
switching arrangements, and/or predefined transmission paths, whether 
virtual or physical, which provide communications between specific 
locations (e.g., point-to-point communications).
    (b) Service connection charges, termination charges, rearrangements 
and changes, etc., shall be included in each account to which they 
apply. Revenue derived from associated administrative and operational 
support services shall be included in Account 5128, Other Long Distance 
Private Network Revenue.



Sec. 32.5121  Subvoice grade long distance private network revenue.

    This account which consists of revenue from narrow-band analog 
private network circuits and facilities furnished exclusively for record 
forms of communications, such as teletypewriter, teletypesetter, 
telewriter, ticker, Morse, signaling, remote metering, and supervisory 
services.



Sec. 32.5122  Voice grade long distance private network revenue.

    This account consists of revenue from private network circuits and 
facilities (including multipurpose wide-band) which provide voice grade 
services for the transmission of analog signals. It includes revenue 
from services such as voice, data and telephoto communication, as well 
as remote metering, supervisory control, miscellaneous signaling and 
channels furnished for the purpose of extending customer--provided 
communications systems. It includes revenue from the provision of 
facilities between customer premises and (a) a serving office, (b) a 
carrier distribution point or (c) an extension distribution channel, 
except when furnished as a subscriber access line under an 
unidirectional long distance service (in which case the revenue should 
be included in Account 5111, Long Distance Inward-Only Revenue, or 
Account 5112, Long Distance Outward-Only Revenue.)



Sec. 32.5123  Audio program grade long distance private network revenue.

    (a) This account consists of revenue from private network circuits 
and facilities furnished for audio program transmission purposes, such 
as radio broadcasting, sound recording (wired music) and loud speaker 
services. It includes revenue from the provision of facilities for the 
transmission of analog signals between customer premises and (1) a 
serving office, (2) a carrier distribution point or (3) an extension 
distribution channel furnished in connection with such services. It also 
includes revenue from facilities furnished to carry the audio portion of 
a television

[[Page 465]]

program if furnished under separate audio rates.
    (b) If the rate for television program services includes both the 
picture and sound portion of the transmission, the revenue shall be 
included in Account 5124, Video Program Grade Long Distance Private 
Network Revenue.



Sec. 32.5124  Video program grade long distance private network revenue.

    This account consists of revenue from private network circuits and 
facilities furnished for television program transmission purposes, such 
as commercial broadcast and educational or private television services. 
It includes revenue from the provision of facilities for the 
transmission of analog signals between customer premises and (a) a 
serving office, (b) a carrier distribution point or (c) an extension 
distribution channel furnished in connection with such services. It also 
includes revenue from both the picture and sound portions of 
transmission for television program service when provided under a 
combined rate schedule.



Sec. 32.5125  Digital transmission long distance private network revenue.

    This account consists of revenue from the provision of circuits and 
facilities for the transmission of digital signals only.



Sec. 32.5126  Long distance private network switching revenue.

    This account consists of revenue derived from the provision of 
common user channels and switching capabilities used for the 
transmission of telecommunication signals between three (3) or more 
points in the network. Also included is revenue derived from the 
provision of basic switching and transfer arrangements used to connect 
private line channels.



Sec. 32.5128  Other long distance private network revenue.

    This account consists of revenue from administrative and operation 
support services associated with private network services and 
facilities, e.g., charges for company-directed testing, expedited 
installation, and service restoration priority. Also included is other 
private network services revenue not provided for in other accounts.



Sec. 32.5129  Other long distance private network revenue settlements.

    This account shall include the charges and credits resulting from 
contractual revenue pooling and/or sharing agreements for tariffed long 
distance private network services only when they are not identifiable by 
private network services revenue account in the settlement process. (See 
also Sec. 32.4999(e) of this subpart.) To the extent that the charges 
and credits resulting from a settlement process can be identified by 
private network services revenue account, they shall be recorded in the 
applicable account.



Sec. 32.5160  Other long distance revenue.

    This account shall include long distance revenues not provided for 
elsewhere.



Sec. 32.5169  Other long distance revenue settlements.

    This account shall include the charges and credits resulting from 
contractual revenue pooling and/or sharing agreements for tariffed long 
distances public network services only when they are not identifiable by 
long distance public network services revenue accounts in the settlement 
process. (See also Sec. 32.4999(e) of this subpart.) To the extent that 
the charges and credits resulting from a settlement process can be 
identified by long distance public network services revenue account they 
shall be recorded in the applicable account.



Sec. 32.5200  Miscellaneous revenue.

    Class B telephone companies shall use this account for revenues of 
the type and character required of Class A companies in Accounts 5230 
through 5270.



Sec. 32.5230  Directory revenue.

    This account shall include revenue derived from alphabetical and 
classified sections of directories and shall also include fees paid by 
other entities for the right to publish the company's directories. Items 
to be included are:
    (a) All revenue derived from the classified section of the 
directories;

[[Page 466]]

    (b) Revenue from the sale of new telephone directories whether they 
are the company's own directories or directories purchased from others. 
This shall also include revenue from the sale of specially bound 
telephone directories and special telephone directory covers;
    (c) Amounts charged for additional and boldface listings, marginal 
displays, inserts, and other advertisements in the alphabetical of the 
company's telephone directories; and
    (d) Changes for unlisted and non-published telephone numbers.



Sec. 32.5240  Rent revenue.

    (a) This account shall include revenues (including taxes when borne 
by the lessee) derived from the rental or subrental to others of 
telecommunications plant furnished apart from telecommunications 
services rendered by the company. It includes revenue from the rent of 
such items as space in conduit, pole line space for attachments, and any 
allowance for return on property used in joint operations and shared 
facilities agreements.
    (b) The expense of maintaining and operating the rented property, 
including depreciation and insurance, shall be included in the 
appropriate operating expense accounts. Taxes applicable to the rented 
property shall be included by the owner of the rented property in 
appropriate tax accounts.
    (c) When land or buildings are rented on an incidental basis for 
non-telecommunications use the rental and expenses are included in 
Account 7360, Other Nonoperating Income.



Sec. 32.5250  Corporate operations revenue.

    This account shall include revenue derived from services rendered to 
other companies under a license agreement, general services contract, or 
other arrangement providing for the furnishing of general accounting, 
financial, legal, patent, and other general services associated with the 
provision of regulated telecommunications services. (See also Accounts 
5230 and 5270.)



Sec. 32.5260  Miscellaneous revenue.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 5261 through 
5269.



Sec. 32.5261  Special billing arrangements revenue.

    This account shall include revenue derived from the provision, 
either under tariff or through contractual arrangements, of special 
billing information to customers in the form of magnetic tapes, cards or 
statements. Special billing information provides detail in a format and/
or at a level of detail not normally provided in the standard billing 
rendered for the regulated telephone services utilized by the customer.



Sec. 32.5262  Customer operations revenue.

    This account shall include revenue derived from the performance of 
customer operations services for others incident to the company's 
regulated telecommunications operations which are not provided for 
elsewhere. (See also Secs. 32.14(e) and 32.4999(e) of this part.)



Sec. 32.5263  Plant operations revenue.

    (a) This account shall include revenue derived from contract 
services (plant maintenance) performed for others incident to the 
company's regulated telecommunications operations. This includes revenue 
from the incidental performance of nontariffed operating and maintenance 
activities for others which are similar in nature to those activities 
which are performed by the company in operating and maintaining its own 
telecommunications plant facilities.
    (b) The records supporting the entries in this account shall be 
maintained with sufficient particularity to identify the revenue and 
associated Plant Specific Operations Expenses related to each 
undertaking.
    (c) This account does not include revenue related to the performance 
of operation or maintenance activities under a joint operating 
agreement. (See also Account 5240.)



Sec. 32.5264  Other incidental regulated revenue.

    (a) This account shall include the other incidental regulated 
revenue not

[[Page 467]]

provided for in other Revenues accounts. Such revenues to be included 
are:
    (1) Collection overages (collection shortages shall be charged to 
Account 6623, Customer services.)
    (2) Unclaimed refunds for telecommunications services when not 
subject to escheats;
    (3) Charges (penalties) imposed by the company for customer checks 
returned for non-payment;
    (4) Discounts allowed customers for prompt payment;
    (5) Late-payment charges;
    (6) Revenue from private mobile telephone services which do not have 
access to the public switched network; and
    (7) Other incidental revenue not provided for elsewhere in other 
Revenue accounts.
    (b) Any definitely known amounts of losses of revenue collections 
due to fire or theft, (1) at customers' coin-box stations, (2) at public 
or semipublic telephone stations, (3) in the possession of collectors en 
route to collection offices, (4) on hand at collection offices, and (5) 
between collection offices and banks shall be charged to Account 6728, 
Other General and Administrative.



Sec. 32.5269  Other revenue settlements.

    This account shall include the charges and credits resulting from 
contractual revenue pooling and/or sharing agreements for activities 
included in the miscellaneous revenue accounts only when they are not 
identifiable by miscellaneous revenue account in the settlement process. 
(See also Sec. 32.4999(e) of this subpart.) The extent that the charges 
and credits resulting from a settlement process can be identified by 
miscellaneous revenue accounts they shall be recorded in the applicable 
account.



Sec. 32.5270  Carrier billing and collection revenue.

    This account shall include revenue derived from the provision of 
billing and collection services to other telecommunications companies. 
This includes amounts charged for services such as message recording, 
billing, collection, billing analysis, and billing information services, 
whether rendered under tariff or contractual arrangements.



Sec. 32.5280  Nonregulated operating revenue.

    (a) This account shall include revenues derived from a nonregulated 
activity involving the common or joint use of assets or resources in the 
provision of regulated and nonregulated products or services, which are 
not provided for elsewhere in this system of accounts.
    (b) This account shall be debited and regulated revenue accounts 
shall be credited at tariffed rates when tariffed services are provided 
to nonregulated activities that are accounted for as prescribed in 
Sec. 32.23(c) of this subpart.
    (c) Separate subsidiary record categories shall be maintained for 
each nonregulated revenue item recorded in this account.

[53 FR 49322, Dec. 7, 1988]



Sec. 32.5300  Uncollectible revenue.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 5301 and 5302. 
Class B telephone companies shall use this account for revenues of the 
type and character required of Class A companies in Accounts 5301 and 
5302.



Sec. 32.5301  Uncollectible revenue--telecommunications.

    This account shall be charged with amounts concurrently credited to 
Account 1181, Accounts Receivable Allowances--Telecommunications.



Sec. 32.5302  Uncollectible revenue--other.

    This account shall be charged with amounts concurrently credited to 
Account 1190, Other Accounts Receivable, or to Account 1191, Accounts 
Receivable Allowance--Other, when such allowance is maintained.



              Subpart E--Instructions for Expense Accounts



Sec. 32.5999  General.

    (a) Structure of the expense accounts. (1) The expense section of 
the system of accounts shall be organized by expense

[[Page 468]]

group summary account, and subsidiary record category (if required).
    (2) The expense section of this system of accounts shall be 
comprised of four major expense groups--Plant Specific Operations, Plant 
Nonspecific Operations, Customer Operations and Corporate Operations. 
Expenses to be recorded in Plant Specific and Plant Nonspecific 
Operations Expense Groups generally reflect cost associated with the 
various kinds of equipment identified in the plant asset accounts. 
Expenses to be recorded in the Customer Operations and Corporate 
Operations accounts reflect the costs of, or are associated with, 
functions performed by people, irrespective of the organization in which 
any particular function is performed.
    (3) Summary accounts within expense groups shall be used to describe 
aggregations of two or more accounts having a certain commonality. 
Summary accounts are assigned numbers so that they may be used by Class 
A telephone companies to aggregate accounts for reporting purposes; and 
as specifically directed, so that they may be used as accounts by Class 
B telephone companies.
    (4) Accounts shall be maintained as prescribed in this section 
subject to the conditions described in Sec. 32.13 in subpart B. 
Subsidiary record categories may be required below the account level by 
this system of accounts or by Commission order.
    (b) Plant Specific Operations Expense. (1) The Plant Specific 
Operations Expense Accounts, 6110 through 6441, are used to record costs 
related to specific kinds of telecommunications plant.
    (2) The Plant Specific Operations Expense accounts predominantly 
mirror the telecommunications plant in service detail accounts and are 
numbered consistently with them; the first digit of the expense account 
being six (6) and the remaining digits being the same as the last three 
numbers of the related plant account. In classifying Plant Specific 
Operations expenses, the text of the corresponding plant account should 
be consulted to ensure appropriateness.
    (3) The Plant Specific Operations Expense accounts shall include the 
costs of inspecting, testing (except as specified in Account 6533, 
Testing Expense) and reporting on the condition of telecommunications 
plant to determine the need for repairs, replacements, rearrangements 
and changes; performing routine work to prevent trouble (except as 
specified in Account 6533), replacing items of plant other than 
retirement units; rearranging and changing the location of plant not 
retired; repairing material for reuse; restoring the condition of plant 
damaged by storms, floods, fire or other casualties (other than the cost 
of replacing retirement units); inspecting after repairs have been made; 
and receiving training to perform these kinds of work. Also included are 
the costs of direct supervision (immediate of first-level) and office 
support of this work.
    (4) In addition to the activities specified in paragraph (b)(3) of 
this section, the appropriate Plant Specific Operations Expense accounts 
shall include the cost of personnel whose principal job is the operation 
of plant equipment, such as general purpose computer operators, aircraft 
pilots, chauffeurs and shuttle bus drivers. However, when the operation 
of equipment is performed as part of other identifiable functions (such 
as the use of office equipment, capital tools or motor vehicles) the 
operators' cost shall be charged to accounts appropriate for those 
functions. (For costs of operator services personnel, see Accounts 6621, 
Call Completion Services, and 6622, Number Services, and for costs of 
test board personnel see Account 6533.)
    (c) Plant Nonspecific Operations Expense. The Plant Nonspecific 
Operations Expense accounts shall include expenses related to property 
held for future telecommunications use, provisioning expenses, network 
operations expenses, and depreciation and amortization expenses. 
Accounts in this group (except for Account 6540, Access Expense, and 
Accounts 6560 through 6565) shall include the costs of performing 
activities described in narratives for individual accounts. These costs 
shall also include the costs of supervision and office support of these 
activities.
    (d) Customer Operations Expense. The Customer Operations Expense 
accounts shall include the cost of performing

[[Page 469]]

customer related marketing and services activities described in 
narratives for individual accounts. These costs shall also include the 
costs of supervision, office support and training for these activities.
    (e) Corporate Operations Expense. The Corporate Operations Expense 
accounts shall include the costs of performing executive and planning 
activities and general and administrative activities described in 
narratives for individual accounts. These costs shall also include the 
costs of supervision, office support and training for these activities.
    (f) Expense matrix. The expense accounts shall be maintained by the 
following subsidiary record categories, as appropriate to each account. 
Such subsidiary record categories shall be reported as required by part 
43 of this Commission's Rules and Regulations.
    (1) Salaries and wages. This subsidiary record category shall 
include compensation to employees, such as; wages, salaries, 
commissions, bonuses, incentive awards and termination payments.
    (2) Benefits. This subsidiary record category shall include payroll 
related benefits on behalf of employees such as the following:

Pensions
Savings plan contributions (company portion)
Worker's compensation required by law
Life, hospital, medical, dental, and vision plan insurance
Social Security and other payroll taxes.

    (3) Rents. (i) This subsidiary record category shall include amounts 
paid for the use of real and personal operating property. Amounts paid 
for real property shall be included in Account 6121, Land and Buildings 
Expense. This category includes payments for operating leases but does 
not include payments for capital leases.
    (ii) This subsidiary record category is applicable only to the Plant 
Specific Operations Expense accounts. Incidental rents, e.g., short-term 
rental car expense, shall be categorized as Other Expenses (see 
paragraph (f)(4) of this section) under the account which reflects the 
function for which the incidental rent was incurred.
    (4) Other expenses. This subsidiary record category shall include 
costs which cannot be classified to the other subsidiary record 
categories. Included are material and supplies, including provisioning 
(note also Account 6512, Provisioning Expense); contracted services; 
accident and damage payments, insurance premiums; traveling expenses and 
other miscellaneous costs.
    (5) Clearances. This subsidiary record category shall include 
amounts transferred to Construction accounts (see Sec. 32.2000 
(c)(2)(iii)), other Plant Specific Operations Expense accounts and/or 
Account 3100, Accumulated Depreciation (cost of removal; see 
Sec. 32.2000 (g)(1)(iii)), as appropriate, from Accounts 6112, Motor 
Vehicle Expense, 6113, Aircraft Expense, 6114, Special Purpose Vehicles 
Expense, 6116, Other Work Equipment Expense, 6534, Plant Operations 
Administration Expense, and 6535, Engineering Expense. There shall also 
be transfers to Construction or other Plant Specific Operations Expense 
accounts, as appropriate, from Account 6512, Provisioning Expense. With 
respect to these expenses, companies may establish such clearing 
accounts as they deem necessary to accomplish substantially the same 
results, provided that within 30 days of the opening of such accounts, 
companies shall notify the Commission of the nature and purpose thereof. 
Additional clearing accounts affecting other expense areas may be 
established with prior approval of the Commission. Should companies 
elect, the initial incurred subsidiary record category identification 
may be carried through to the final accounts without this Commission's 
approval.
    (g) Reimbursements. Reimbursements of actual costs incurred in 
connection with joint operations or projects repairing plant due to 
damages by others, and obligations to make changes in telecommunications 
plant (such as highway relocations), shall be credited to the accounts 
originally charged.
    (h) Expense accounts to be maintained.

------------------------------------------------------------------------
                                                      Class A    Class B
                   Account title                      account    account
------------------------------------------------------------------------
             Income Statement Accounts
 
Plant specific operations expense:
    Network support expense.......................  \1\ \2\ 61
                                                            10      6110
    Motor vehicle expense.........................    \1\ 6112  ........
    Aircraft expense..............................    \1\ 6113  ........

[[Page 470]]

 
    Special purpose vehicles expense..............    \1\ 6114  ........
    Garage work equipment expense.................    \1\ 6115  ........
    Other work equipment expense..................    \1\ 6116  ........
    General support expenses......................  \1\ \2\ 61
                                                            20      6120
    Land and building expenses....................    \1\ 6121  ........
    Furniture and artworks expense................    \1\ 6122  ........
    Office equipment expense......................    \1\ 6123  ........
    General purpose computers expense.............    \1\ 6124  ........
    Central office switching expense..............  \1\ \2\ 62
                                                            10      6210
    Analog electronic expense.....................    \1\ 6211  ........
    Digital electronic expense....................    \1\ 6212  ........
    Electro-mechanical expense....................    \1\ 6215  ........
    Operators system expense......................    \1\ 6220      6220
    Central office transmission expenses..........  \1\ \2\ 62
                                                            30      6230
    Radio systems expense.........................    \1\ 6231  ........
    Circuit equipment expense.....................    \1\ 6232  ........
    Information origination/termination expense...  \1\ \2\ 63
                                                            10      6310
    Station apparatus expense.....................    \1\ 6311  ........
    Large private branch exchange expense.........    \1\ 6341  ........
    Public telephone terminal equipment expense...    \1\ 6351  ........
    Other terminal equipment expense..............    \1\ 6362  ........
 
    Cable and wire facilities expenses............  \1\ \2\ 64
                                                            10      6410
    Poles expense.................................    \1\ 6411  ........
    Aerial cable expense..........................    \1\ 6421  ........
    Underground cable expense.....................    \1\ 6422  ........
    Buried cable expense..........................    \1\ 6423  ........
    Submarine cable expense.......................    \1\ 6424  ........
    Deep sea cable expense........................    \1\ 6425  ........
    Intrabuilding network cable expense...........    \1\ 6426  ........
    Aerial wire expense...........................    \1\ 6431  ........
    Conduit systems expense.......................    \1\ 6441  ........
Plant nonspecific operations expense:
    Other property plant and equipment expenses...  \1\ \2\ 65
                                                            10      6510
    Property held for future......................  ..........  ........
    Telecommunications use expense................    \1\ 6511  ........
    Provisioning expense..........................    \1\ 6512  ........
    Network operations expenses...................  \1\ \2\ 65
                                                            30      6530
    Power expense.................................    \1\ 6531  ........
    Network administration expense................    \1\ 6532  ........
    Testing expense...............................    \1\ 6533  ........
    Plant operations administration expense.......    \1\ 6534  ........
    Engineering expense...........................    \1\ 6535  ........
    Access expense................................    \1\ 6540      6540
 
    Depreciation and amortization expenses........    \2\ 6560      6560
    Depreciation expense--telecommunications plant
     in service...................................        6561  ........
    Depreciation expense--property held for future
     telecommunications use.......................        6562  ........
    Amortization expense--tangible................        6563  ........
    Amortization expense--intangible..............        6564  ........
    Amortization expense--other...................        6565  ........
Customer operations expense:
    Marketing.....................................  \1\ \2\ 66
                                                            10      6610
    Product management............................    \1\ 6611  ........
    Sales.........................................    \1\ 6612  ........
    Product advertising...........................    \1\ 6613  ........
 
    Services......................................  \1\ \2\ 66
                                                            20      6620
    Call completion services......................    \1\ 6621  ........
    Number services...............................    \1\ 6622  ........
    Customer services.............................    \1\ 6623  ........
Corporate operations expense:
    Executive and planning........................  \1\ \2\ 67
                                                            10      6710
    Executive.....................................    \1\ 6711  ........
    Planning......................................    \1\ 6712  ........
 
    General and administrative....................  \1\ \2\ 67
                                                            20      6720
    Accounting and finance........................    \1\ 6721  ........
    External relations............................    \1\ 6722  ........
    Human resources...............................    \1\ 6723  ........
    Information management........................    \1\ 6724  ........
    Legal.........................................    \1\ 6725  ........
    Procurement...................................    \1\ 6726  ........
    Research and development......................    \1\ 6727  ........
    Other general and administrative..............    \1\ 6728  ........
    Provision for uncollectible notes receivable..        6790      6790
------------------------------------------------------------------------
\1\ Subsidiary record categories required in accordance with Sec.
  32.5999(f) of this subpart.
\2\ To be used by Class A telephone companies to summarize accounts for
  reporting purposes.


[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 7580, Mar. 12, 1987]



Sec. 32.6110  Network support expenses.

    (a) This account number shall be used by Class A telephone companies 
to summarize for reporting purposes the contents of Accounts 6112 
through 6116. Class B telephone companies shall use this account for 
expenses of the type and character required of Class A companies in 
Accounts 6112 through 6116.
    (b) Credits shall be made to this account by Class B companies for 
amounts transferred to Construction and/or other Plant Specific 
Operations Expense accounts. These amounts shall be computed on the 
basis of direct labor hours. (See also Sec. 32.5999(f)(5) of this 
subpart.)



Sec. 32.6112  Motor vehicle expense.

    (a) This account shall include costs of fuel, lubrications, license 
and inspection fees, washing, repainting, and minor accessories. Also 
included are the costs of personnel whose principal job is operating 
motor vehicles, such as chauffeurs and shuttle bus drivers. The costs of 
users of motor vehicles whose principal job is not the operation of 
motor vehicles shall be charged to accounts appropriate for the 
activities performed.
    (b) Credits shall be made to this account for amounts transferred to 
Construction and/or to other Plant Specific Operations Expense accounts. 
These

[[Page 471]]

amounts shall be computed on the basis of direct labor hours. (See also 
Sec. 32.5999(f)(5) of this subpart.)



Sec. 32.6113  Aircraft expense.

    (a) This account shall include such costs as aircraft fuel, flight 
crews, mechanics and ground crews, licenses and inspection fees, 
washing, repainting, and minor accessories.
    (b) Credits shall be made to this account for amounts transferred to 
Construction and/or to other Plant Specific Operations Expense accounts. 
These amounts shall be computed on the basis of direct labor hours. (See 
also Sec. 32.5999(f)(5) of this subpart.)



Sec. 32.6114  Special purpose vehicles expense.

    (a) This account shall include such costs as fuel, licenses and 
inspection fees, washing, repainting, and minor accessories. The costs 
of operators of this equipment shall be charged to accounts appropriate 
for the activities performed.
    (b) Credits shall be made to this account for amounts transferred to 
Construction and/or to other Plant Specific Operations Expense accounts. 
These amounts shall be computed on the basis of direct labor hours. (See 
also Sec. 32.5999(f)(5) of this subpart.)



Sec. 32.6115  Garage work equipment expense.

    This account shall be charged only with costs incurred in connection 
with the garage work equipment itself. The costs of using this equipment 
to maintain motor vehicles, special purpose vehicles, or other work 
equipment shall be charged to Accounts 6112, Motor Vehicles, 6114 
Special Purpose Vehicles, or 6116 Other Work Equipment, as appropriate.



Sec. 32.6116  Other work equipment expense.

    (a) This account shall be charged only with costs incurred in 
connection with this work equipment itself. The costs of operators of 
this equipment shall be charged to accounts appropriate for the 
activities performed.
    (b) Credits shall be made to this account for amounts transferred to 
Construction and/or to other Plant Specific Operations Expense accounts. 
These amounts shall be computed on the basis of direct labor hours. (See 
also Sec. 32.5999(f)(5) of this subpart.



Sec. 32.6120  General support expenses.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6121 through 
6124. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6121 
through 6124.



Sec. 32.6121  Land and building expense.

    (a) This account shall include expenses associated with land and 
buildings (excluding amortization of leasehold improvements). This 
account shall also include janitorial service, cleaning supplies, water, 
sewage, fuel and guard service, and electrical power.
    (b) The cost of electrical power used to operate the 
telecommunications network shall be charged to Account 6531, Power 
Expense, and the cost of separately metered electricity used for 
operating specific types of equipment, such as computers, shall be 
charged to the expense account appropriate for such use.



Sec. 32.6122  Furniture and artworks expense.

    This account shall include expenses associated with furniture and 
artworks.



Sec. 32.6123  Office equipment expense.

    This account shall be charged only with costs incurred in connection 
with the office equipment itself. The costs of operators of this 
equipment shall be charged to accounts appropriate for the activities 
performed.



Sec. 32.6124  General purpose computers expense.

    This account shall include costs of personnel whose principal job is 
the physical operation of general purpose computers and the maintenance 
of operating systems. This excludes the cost of preparation of input 
data or the use of outputs which are chargeable to the accounts 
appropriate for the activities being performed. Also excluded are costs 
incurred in planning, developing,

[[Page 472]]

testing, implementing, and maintaining data bases and application 
systems for general purpose computers. (See also Account 6724, 
Information Management.) Separately metered electricity for general 
purpose computers shall also be included in this account.



Sec. 32.6210  Central office switching expenses.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6211 through 
6215. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6211 
through 6215.



Sec. 32.6211  Analog electronic expense.

    This account shall include expenses associated with analog 
electronic switching.



Sec. 32.6212  Digital electronic expense.

    This account shall include expenses associated with digital 
electronic switching.



Sec. 32.6215  Electro-mechanical expense.

    (a) This account shall include expenses associated with electro-
mechanical switching.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2215(a) of subpart C.



Sec. 32.6220  Operator systems expense.

    This account shall include expenses associated with operator systems 
equipment.



Sec. 32.6230  Central office transmission expense.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6231 and 6232. 
Class B telephone companies shall use this account for expenses of the 
type and character required of Class A companies in Accounts 6231 and 
6232.



Sec. 32.6231  Radio systems expense.

    (a) This account shall include expenses associated with radio 
systems.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2231(a) of subpart C.



Sec. 32.6232  Circuit equipment expense.

    This account shall include expenses associated with circuit 
equipment.



Sec. 32.6310  Information origination/termination expenses.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6311 through 
6362. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A telephone companies in 
Accounts 6311 through 6362.



Sec. 32.6311  Station apparatus expense.

    This account shall include expenses associated with station 
apparatus. Expenses associated with company internal use communication 
equipment shall be recorded in Account 6123, Office Equipment Expense.



Sec. 32.6341  Large private branch exchange expense.

    This account shall include expenses associated with large private 
branch exchanges. Expenses associated with company internal use 
communication equipment shall be recorded in Account 6123, Office 
Equipment Expense.



Sec. 32.6351  Public telephone terminal equipment expense.

    This account shall include expenses associated with public telephone 
terminal equipment.



Sec. 32.6362  Other terminal equipment expense.

    This account shall include expenses associated with other terminal 
equipment.



Sec. 32.6410  Cable and wire facilities expenses.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6411 through 
6441. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6411 
through 6441.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994]

[[Page 473]]



Sec. 32.6411  Poles expense.

    This account shall include expenses associated with poles.



Sec. 32.6421  Aerial cable expense.

    (a) This account shall include expenses associated with aerial 
cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2421(a) of subpart C.



Sec. 32.6422  Underground cable expense.

    (a) This account shall include expenses associated with underground 
cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2422(a) of subpart C.



Sec. 32.6423  Buried cable expense.

    (a) This account shall include expenses associated with buried 
cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2423(a) of subpart C.



Sec. 32.6424  Submarine cable expense.

    (a) This account shall include expenses associated with submarine 
cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2424(a) of subpart C.



Sec. 32.6425  Deep sea cable expense.

    (a) This account shall include expenses associated with deep sea 
cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2425(a) of subpart C.



Sec. 32.6426  Intrabuilding network cable expense.

    (a) This account shall include expenses associated with 
intrabuilding network cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2426(a) of subpart C.



Sec. 32.6431  Aerial wire expense.

    This account shall include expenses associated with aerial wire.



Sec. 32.6441  Conduit systems expense.

    This account shall include expenses associated with conduit systems.



Sec. 32.6510  Other property, plant and equipment expenses.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6511 and 6512. 
Class B telephone companies shall use this account for expenses of the 
type and character required of Class A companies in Accounts 6511 and 
6512.



Sec. 32.6511  Property held for future telecommunications use expense.

    This account shall include expenses associated with property held 
for future telecommunications use.



Sec. 32.6512  Provisioning expense.

    (a) This account shall include costs incurred in provisioning 
material and supplies, including office supplies. This includes 
receiving and stocking, filling requisitions from stock, monitoring and 
replenishing stock levels, delivery of material, storage, loading or 
unloading and administering the reuse or refurbishment of material. Also 
included are adjustments resulting from the annual or more frequent 
inventory of material and supplies.
    (b) Credits shall be made to this account for amounts transferred to 
construction and/or to plant specific operations expense. These costs 
are to be cleared by adding to the cost of material and supplies a 
suitable loading charge. (See also Sec. 32.5999(f)(5) of this subpart.)



Sec. 32.6530  Network operations expenses.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6531 through 
6535. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6531 
through 6535.



Sec. 32.6531  Power expense.

    This account shall include the cost of electrical power used to 
operate the telecommunications network.



Sec. 32.6532  Network administration expense.

    This account shall include costs incurred in network administration. 
This

[[Page 474]]

includes such activities as controlling traffic flow, administering 
traffic measuring and monitoring devices, assigning equipment and load 
balancing, collecting and summarizing traffic data, administering 
trunking, and assigning interoffice facilities and circuit layout work.



Sec. 32.6533  Testing expense.

    This account shall include costs incurred in testing 
telecommunications facilities from a testing facility (test desk or 
other testing system) to determine the condition of plant on either a 
routine basis or prior to assignment of the facilities; receiving, 
recording and analyzing trouble reports; testing to determine the nature 
and location of reported trouble condition; and dispatching repair 
persons or otherwise initiating corrective action. (Note also 
Sec. 32.5999(b)(3) of this subpart.)



Sec. 32.6534  Plant operations administration expense.

    (a) This account shall include costs incurred in the general 
administration of plant operations. This includes supervising plant 
operations (except as specified in Sec. 32.5999(a)(3) of this subpart; 
planning, coordinating and monitoring plant operations; and performing 
staff work such as developing methods and procedures, preparing and 
conducting training (except on-the-job training) and coordinating safety 
programs.
    (b) Credits shall be made to this account for amounts transferred to 
construction accounts. These amounts shall be computed on the basis of 
direct labor hours. (See Sec. 32.2000(c)(2)(ii) of subpart C.)



Sec. 32.6535  Engineering expense.

    (a) This account shall include costs incurred in the general 
engineering of the telecommunications plant which are not directly 
chargeable to an undertaking or project. This includes developing input 
to the fundamental planning process, performing preliminary work or 
advance planning in connection with potential undertakings, and 
performing special studies of an engineering nature.
    (b) Credits shall be made to this account for amounts transferred to 
construction accounts. These amounts shall be computed on the basis of 
direct labor hours. (See Sec. 32.2000(c)(2)(ii) of subpart C.)



Sec. 32.6540  Access expense.

    (a) This account shall include amounts paid by interexchange 
carriers or other exchange carriers to another exchange carrier for the 
provision of carrier's carrier access.
    (b) Subsidiary record categories shall be maintained in order that 
the entity may separately report interstate and intrastate carrier's 
carrier expense. Such subsidiary record categories shall be reported as 
required by Part 43 of this Commission's Rules and Regulations.

[52 FR 43917, Nov. 17, 1987]



Sec. 32.6560  Depreciation and amortization expenses.

    This account shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6561 through 
6565. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6561 
through 6565.



Sec. 32.6561  Depreciation expense--telecommunications plant in service.

    This account shall include the depreciation expense of capitalized 
costs in Accounts 2112 through 2441, inclusive.



Sec. 32.6562  Depreciation expense--property held for future telecommunications.

    This account shall include the depreciation expense of capitalized 
costs included in Account 2002, Property Held for Future 
Telecommunications Use.



Sec. 32.6563  Amortization expense--tangible.

    This account shall include only the amortization of costs included 
in Accounts 2681, Capital Leases, and 2682, Leasehold Improvements.



Sec. 32.6564  Amortization expense--intangible.

    This account shall include the amortization of costs included in 
Account 2690, Intangibles.

[[Page 475]]



Sec. 32.6565  Amortization expense--other.

    (a) This account shall include only the amortization of costs 
included in Account 2005, Telecommunications Plant Adjustment.
    (b) This account shall also include lump-sum write offs of amounts 
of plant acquisition adjustment as provided for in Sec. 32.2005(b)(3) of 
Subpart C.
    (c) Subsidiary records shall be maintained so as to show that 
character of the amounts contained in this account.



Sec. 32.6610  Marketing.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6611 through 
6613. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6611 
through 6613.



Sec. 32.6611  Product management.

    This account shall include costs incurred in performing 
administrative activities related to marketing products and services. 
This includes competitive analysis, product and service identification 
and specification, test market planning, demand forecasting, product 
life cycle analysis, pricing analysis, and identification and 
establishment of distribution channels.



Sec. 32.6612  Sales.

    This account shall include costs incurred in selling products and 
services. This includes determination of individual customer needs, 
development and presentation of customer proposals, sales order 
preparation and handling, and preparation of sales records.



Sec. 32.6613  Product advertising.

    This account shall include costs incurred in developing and 
implementing promotional strategies to stimulate the purchase of 
products and services. This excludes nonproduct-related advertising, 
such as corporate image, stock and bond issue and employment 
advertisements, which shall be included in the appropriate functional 
accounts.



Sec. 32.6620  Services.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6621 through 
6623. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6621 
through 6623.



Sec. 32.6621  Call completion services.

    This account shall include costs incurred in helping customers place 
and complete calls, except directory assistance. This includes handling 
and recording; intercept; quoting rates, time and charges; and all other 
activities involved in the manual handling of calls.



Sec. 32.6622  Number services.

    This account shall include costs incurred in providing customer 
number and classified listings. This includes preparing or purchasing, 
compiling, and disseminating those listings through directory assistance 
or other means.



Sec. 32.6623  Customer services.

    (a) This account shall include costs incurred in establishing and 
servicing customer accounts. This includes:
    (1) Initiating customer service orders and records;
    (2) Maintaining and billing customer accounts;
    (3) Collecting and investigating customer accounts, including 
collecting revenues, reporting receipts, administering collection 
treatment, and handling contacts with customers regarding adjustments of 
bills;
    (4) Collecting and reporting pay station receipts; and
    (5) Instructing customers in the use of products and services.
    (b) This account shall also include amounts paid by interexchange 
carriers or other exchange carriers to another exchange carrier for 
billing and collection services. Subsidiary record categories shall be 
maintained in order that the entity may separately report interstate and 
intrastate amounts. Such subsidiary record categories shall be reported 
as required by Part 43 of

[[Page 476]]

this Commission's Rules and Regulations.

[52 FR 43917, Nov. 17, 1987]



Sec. 32.6710  Executive and planning.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6711 and 6712. 
Class B telephone companies shall use this account for expenses of the 
type and character required of Class A companies in Accounts 6711 and 
6712.



Sec. 32.6711  Executive.

    This account shall include costs incurred in formulating corporate 
policy and in providing overall administration and management. Included 
are the pay, fees and expenses of boards of directors or similar policy 
boards and all board-designated officers of the company and their office 
staffs, e.g., secretaries and staff assistants.



Sec. 32.6712  Planning.

    This account shall include costs incurred in developing and 
evaluating long-term courses of action for the future operations of the 
company. This includes performing corporate organization and integrated 
long-range planning, including management studies, options and 
contingency plans, and economic strategic analysis.



Sec. 32.6720  General and administrative.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6721 through 
6728. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6721 
through 6728.



Sec. 32.6721  Accounting and finance.

    This account shall include costs incurred in providing accounting 
and financial services. Accounting services include payroll and 
disbursements, property accounting, capital recovery, regulatory 
accounting (revenue requirements, separations, settlements and corollary 
cost accounting), non-customer billing, tax accounting, internal and 
external auditing, capital and operating budget analysis and control, 
and general accounting (accounting principles and procedures and 
journals, ledgers, and financial reports). Financial services include 
banking operations, cash management, benefit investment fund management 
(including actuarial services), securities management, debt trust 
administration, corporate financial planning and analysis, and internal 
cashier services.



Sec. 32.6722  External relations.

    This account shall include costs incurred in maintaining relations 
with government, regulators, other companies and the general public. 
This includes:
    (a) Reviewing existing or pending legislation (See also account 
7370, Special Charges, for lobbying expenses.);
    (b) Preparing and presenting information for regulatory purposes, 
including tariff and service cost filings, and obtaining radio licenses 
and construction permits;
    (c) Performing public relations and non-product-related corporate 
image advertising activities;
    (d) Administering relations, including negotiating contracts (See 
also Account 6725, Legal.), with telecommunications companies and other 
utilities, businesses, and industries. This excludes sales contracts 
(See also Account 6612, Sales.); and
    (e) Administering investor relations.



Sec. 32.6723  Human resources.

    This account shall include costs incurred in performing personnel 
administration activities. This includes:
    (a) Equal Employment Opportunity and Affirmative Action Programs;
    (b) Employee data for forecasting, planning and reporting;
    (c) General employment services;
    (d) Occupational medical services;
    (e) Job analysis and salary programs;
    (f) Labor relations activities;
    (g) Personnel development and staffing services, including 
counseling, career planning, promotion and transfer programs;
    (h) Personnel policy development;
    (i) Employee communications;
    (j) Benefit administration;
    (k) Employee activity programs;
    (l) Employee safety programs; and

[[Page 477]]

    (m) Nontechnical training course development and presentation.



Sec. 32.6724  Information management.

    This account shall include costs incurred in planning, developing, 
testing, implementing and maintaining data bases and application systems 
for general purpose computers.



Sec. 32.6725  Legal.

    This account shall include costs incurred in providing legal 
services. This includes conducting and coordinating litigation, 
providing guidance on regulatory and labor matters, preparing, reviewing 
and filing patents and contracts and interpreting legislation. Also 
included are court costs, filing fees, and the costs of outside counsel, 
depositions, transcripts and witnesses.



Sec. 32.6726  Procurement.

    This account shall include costs incurred in procuring material and 
supplies, including office supplies. This includes analyzing and 
evaluating suppliers' products, selecting appropriate suppliers, 
negotiating supply contracts, placing purchase orders, expediting and 
controlling orders placed for material, developing standards for 
material purchased and administering vendor or user claims.



Sec. 32.6727  Research and development.

    (a) This account shall include costs incurred in making planned 
search or critical investigation aimed at discovery of new knowledge. It 
also includes translating research findings into a plan or design for a 
new product or process or for a significant improvement to an existing 
product or process, whether intended for sale or use.
    (b) This excludes making routine alterations to existing products, 
processes, and other ongoing operations even though those alterations 
may represent improvements.



Sec. 32.6728  Other general and administrative.

    This account shall include costs incurred in performing general 
administrative activities not directly charged to the user, and not 
provided for in other accounts. This includes providing general 
reference libraries, food services (e.g., cafeterias, lunch rooms and 
vending facilities), archives, general security investigation services, 
operating official private branch exchanges in the conduct of the 
business, and telecommunications and mail services. Also included are 
payments in settlement of accident and damage claims, insurance premiums 
for protection against losses and damages, direct benefit payments to or 
on behalf of retired and separated employees, accident and sickness 
disability payments, supplemental payments to employees while in 
governmental service, death payments, and other miscellaneous costs of a 
corporate nature. This account excludes the cost of office services, 
which are to be included in the accounts appropriate for the activities 
supported.



Sec. 32.6790  Provision for uncollectible notes receivable.

    This account shall be charged with amounts concurrently credited to 
Account 1200, Notes Receivable, or to Account 1201, Notes Receivable 
Allowance, when such allowance is maintained.



            Subpart F--Instructions For Other Income Accounts



Sec. 32.6999  General.

    (a) Structure of the Other Income Accounts. The Other Income 
Accounts are designed to reflect both operating and nonoperating income 
items including taxes, extraordinary items and other income and expense 
items not properly included elsewhere.
    (b) Other Income Accounts Listing.

------------------------------------------------------------------------
                                                     Class A    Class B
                   Account title                     account    account
------------------------------------------------------------------------
Other operating income and expense:
    Other operating income and expense............   \1\ 7100       7100
    Income from custom work.......................       7110  .........
    Return from nonregulated use of regulated
     facilities...................................       7130  .........
    Gains and losses from foreign exchange........       7140  .........
    Gains or losses from disposition of land and
     artwork......................................       7150  .........
    Other operating gains and losses..............       7160  .........
Operating taxes:
    Operating taxes...............................   \1\ 7200       7200
    Operating investment tax credits--net.........       7210  .........
    Operating Federal income taxes................       7220  .........

[[Page 478]]

 
    Operating State and local income taxes........       7230  .........
    Operating other taxes.........................       7240  .........
    Provision for deferred operating income taxes--
     net..........................................       7250  .........
Nonoperating income and expense:
    Nonoperating income and expense...............   \1\ 7300       7300
    Dividend income...............................       7310  .........
    Interest income...............................       7320  .........
    Income from sinking and other funds...........       7330  .........
    Allowance for funds used during construction..       7340  .........
    Gains or losses from the disposition of
     certain property.............................       7350  .........
    Other nonoperating income.....................       7360  .........
    Special charges...............................       7370  .........
Nonoperating taxes:
    Nonoperating taxes............................   \1\ 7400       7400
    Nonoperating investment tax credits--net......       7410  .........
    Nonoperating Federal income taxes.............       7420  .........
    Nonoperating State and local income taxes.....       7430  .........
    Nonoperating other taxes......................       7440  .........
    Provision for deferred nonoperating income
     taxes--net...................................       7450  .........
Interest and related items:
    Interest and related items....................   \1\ 7500       7500
    Interest on funded debt.......................       7510  .........
    Interest expense--capital Leases..............       7520  .........
    Amortization of debt issuance expense.........       7530  .........
    Other interest deductions.....................       7540  .........
Extraordinary items:
    Extraordinary items...........................   \1\ 7600       7600
    Extraordinary income credits..................       7610  .........
    Extraordinary income charges..................       7620  .........
    Current income tax effect of extraordinary
     items--net...................................       7630  .........
    Provision for deferred income tax effect of
     extraordinary items--net.....................       7640  .........
Jurisdictional Differences and nonregulated income
 items:
    Income effect of jurisdictional ratemaking
     difference--net..............................       7910       7910
    Nonregulated net income.......................       7990       7990
------------------------------------------------------------------------
\1\  To be used by Class A companies to summarize accounts for reporting
  purposes.


[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6562, Mar. 4, 1987; 53 
FR 49322, Dec. 7, 1988]



Sec. 32.7099  Content of accounts.

    Other Operating Income and Expense accounts are intended to record 
the results of transactions, events or circumstances during the periods 
which are incidental or peripheral to the major or central operations of 
the company. They shall include all items of an operating nature as 
incidental work performed for others not provided for elsewhere. 
Whenever practicable the inflows and outflows associated with a 
transaction, event or circumstances shall be matched and the result 
shown as a net gain or loss.



Sec. 32.7100  Other operating income and expenses.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 7110 through 
7160. Class B companies shall use this account for other operating 
income and expense items of the type and character required of Class A 
companies in Accounts 7110 through 7160.



Sec. 32.7110  Income from custom work.

    (a) This account shall include profits realized from custom work 
(plant construction) performed for others incident to the company's 
regulated telecommunications operations. This includes profits from the 
incidental performance of nontariffed construction activities (including 
associated engineering and design) for others which are similar in 
nature to those activities which are performed by the company in 
constructing its own telecommunications plant facilities.
    (b) The records supporting the entries in this account shall be 
maintained with sufficient particularity to identify separately the 
revenue and costs associated with each undertaking.



Sec. 32.7130  Return from nonregulated use of regulated facilities.

    This account shall include a return on investment for the use of 
regulated property plant and equipment to provide nonregulated products 
and services.



Sec. 32.7140  Gains and losses from foreign exchange.

    This account shall include all gains and losses resulting from the 
exchange of foreign currency. Transaction (realized) gains or losses 
shall be measured based on the exchange rate in effect on the 
transaction date. Unrealized gains or losses shall be measured based on 
the exchange rate in effect at the balance sheet date.

[[Page 479]]



Sec. 32.7150  Gains and losses from the disposition of land and artworks.

    This account shall include gains or losses resulting from the 
disposition of land or artworks.



Sec. 32.7160  Other operating gains and losses.

    This account shall be charged or credited, as appropriate, to record 
the results of transactions, events or circumstances which are of an 
operational nature, but occur irregularly or are peripheral to the major 
or central operations of the company and not provided for elsewhere.



Sec. 32.7199  Content of accounts.

    The Operating Tax accounts shall include the taxes arising from the 
central operations of the company.



Sec. 32.7200  Operating taxes.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 7210 through 
7250. Class B telephone companies shall use this account for operating 
taxes of the type and character required of Class A companies in 
Accounts 7210 through 7250.



Sec. 32.7210  Operating investment tax credits--net.

    (a) This account shall be charged and Account 4320, Unamortized 
Operating Investment Tax Credits--Net, shall be credited with investment 
tax credits generated from qualified expenditures related to regulated 
operations which the company defers rather than recognizes currently in 
income.
    (b) This account shall be credited and Account 4320 shall be charged 
ratably with the amortization of each year's investment tax credits 
included in Account 4320 for investment services for ratemaking 
purposes. (See also Account 7410, Nonoperating Investment Tax Credits--
Net.) Such amortization shall be determined in relation to the period of 
time used for computing book depreciation on the property with respect 
to which the tax credits relate.



Sec. 32.7220  Operating Federal income taxes.

    (a) This account shall be charged and Account 4070, Income Taxes-
Accrued, shall be credited for the amount of Federal Income Taxes for 
the current period. This account shall also reflect subsequent 
adjustments to amounts previously charged.
    (b) Taxes should be accrued each month on an estimated basis and 
adjustments made as later data becomes available.
    (c) Tax credits, other than investment tax credits, if normalized, 
shall be recorded consistent with the accounting for investment tax 
credits and shall be amortized to income as directed by this Commission.
    (d) No entries shall be made to this account to reflect interperiod 
tax allocations.



Sec. 32.7230  Operating state and local income taxes.

    (a) This account shall be charged and Account 4070, Income Taxes--
Accrued, shall be credited for the amount of state and local income 
taxes for the current period. This account shall also reflect subsequent 
adjustments to amounts previously charged.
    (b) Taxes should be accrued each month on an estimated basis and 
adjustments made as later data becomes available.
    (c) No entries shall be made to this account to reflect interperiod 
tax allocations.



Sec. 32.7240  Operating other taxes.

    (a) This account shall be charged and Account 4080, Other Taxes--
Accrued, shall be credited for all taxes, other than Federal, state and 
local income taxes and payroll related taxes, related to regulated 
operations applicable to current periods. Among the items includable in 
this account are property, gross receipts, franchise and capital stock 
taxes; this account shall also reflect subsequent adjustments to amounts 
previously charged.
    (b) Special assessments for street and other improvements and 
special benefit taxes, such as water taxes and the like, shall be 
included in the operating expense accounts or investment accounts, as 
may be appropriate.

[[Page 480]]

    (c) Discounts allowed for prompt payment of taxes shall be credited 
to the account to which the taxes are chargeable.
    (d) Interest on tax assessments which are not paid when due shall be 
included in Account 7540, Other Interest Deductions.
    (e) Taxes paid by the company under tax-free covenants on 
indebtedness shall be charged to Account 7360, Other Nonoperating 
Income.
    (f) Sales and use taxes shall be accounted for, so far as 
practicable, as part of the cost of the items to which the taxes relate.
    (g) Taxes on rented telecommunications plant which are borne by the 
lessee shall be credited by the owner to Account 5240, Rent Revenue, and 
shall be charged by the lessee to the appropriate Plant Specific 
Operations Expense account.



Sec. 32.7250  Provision for deferred operating income taxes--net.

    (a) This account shall be charged or credited, as appropriate, with 
contra entries recorded to the following accounts for income tax expense 
that has been deferred in accordance with Sec. 32.22 of Subpart B.

4100  Net Current Deferred Operating Income Taxes
4340  Net Noncurrent Deferred Operating Income Taxes

    (b) Subsidiary record categories shall be maintained to distinguish 
between property and nonproperty related deferrals and so that the 
company may separately report that amounts contained herein that relate 
to Federal, state and local income taxes. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.7299  Content of accounts.

    The nonoperating income and expense accounts are intended to record 
the results of transactions, events and circumstances affecting the 
company during a period and which are not operational in nature. They 
shall include such items as nonoperating taxes, dividend income and 
interest income. Whenever practicable the inflows and outflows 
associated with a transaction or event shall be matched and the result 
shown as a net gain or loss.



Sec. 32.7300  Nonoperating income and expense.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 7310 through 
7370. Class B telephone companies shall use this account for 
nonoperating income and expense items of the type and character required 
of Class A companies in Accounts 7310 through 7370.



Sec. 32.7310  Dividend income.

    (a) This account shall include dividends on investments in common 
and preferred stock, which is the property of the company, whether such 
stock is owned by the company and held in its treasury, or deposited in 
trust (except in sinking or other funds, see paragraph (c) of this 
section), or otherwise controlled.
    (b) These accounts shall not include dividends or other returns on 
securities issued or assumed by the company and held by or for it, 
whether pledged as collateral, or held in its treasury, in special 
deposits, or in sinking or other funds.
    (c) Dividends on stocks of other companies held in sinking or other 
funds shall be credited to Account 7330, Income from Sinking and Other 
Funds.
    (d) Dividends received and receivable from affiliated companies 
accounted for on the equity method shall be included in Account 1401, 
Investments in Affiliated Companies, as a reduction of the carrying 
value of the investments.



Sec. 32.7320  Interest income.

    (a) This account shall include interest on securities, including 
notes and other evidences of indebtedness, which are the property of the 
company, whether such securities are owned by the company and held in 
its treasury, or deposited in trust (except in sinking or other funds, 
see paragraph (d) to this section) or otherwise controlled. It shall 
also include interest on bank balances, certificates of deposits, open 
accounts, and other analogous items.
    (b) There shall be included in this account for each month the 
applicable amount requisite to extinguish, during

[[Page 481]]

the interval between the date of acquisition and date of maturity, the 
difference between the purchase price and the par value of securities 
owned, the income from which is includable in this account. Amounts thus 
credited or charged shall be concurrently included in the accounts in 
which the securities are carried. Any such difference remaining 
unextinguished at the sale or upon the maturity and satisfaction of such 
securities shall be cleared to Account 7360, Other Nonoperating Income.
    (c) These accounts shall not include interest or other returns on 
securities issued or assumed by the company and held by or for it, 
whether pledged as collateral, or held in its treasury, in special 
deposits, or in sinking or other funds.
    (d) Interest on cash and on securities issued by others shall be 
included in Account 7330, Income from Sinking and Other Funds, when such 
assets are held in sinking or other funds.
    (e) Cash discounts on bills for material purchased shall not be 
included in this account.



Sec. 32.7330  Income from sinking and other funds.

    (a) This account shall include the income accrued on cash, 
securities issued by other companies, and other assets (not including 
securities issued or assumed by the company) held in sinking and other 
funds.
    (b) There shall be included in this account for each month the 
applicable amount requisite to extinguish, during the interval between 
the date of acquisition and the date of maturity, the difference between 
the purchase price and the par value of securities held in sinking or 
other funds. Amounts thus credited or charged shall be concurrently 
included in the accounts in which the securities are carried. Any such 
differences remaining unextinguished upon the maturity and satisfaction 
of such securities shall be cleared to Account 7360, Other Nonoperating 
Income.



Sec. 32.7340  Allowance for funds used during construction.

    This account shall be credited with amounts charged to the 
telecommunications plant under construction account. (See 
Sec. 32.2000(c)(2)(x).)

[60 FR 12138, Mar. 6, 1995]



Sec. 32.7350  Gains or losses from the disposition of certain property.

    This account shall include gains or losses resulting from the 
disposition of the following:
    (a) Gains or losses from the disposition of land or artworks;
    (b) Gains or losses from the disposition of plant with traffic; and
    (c) Gains or losses from the disposition of nonoperating 
telecommunications plant not previously used in the provision of 
telecommunications services.



Sec. 32.7360  Other nonoperating income.

    (a) This account shall include all other items of income and gains 
or losses from activities not specifically provided for elsewhere.
    (b) This account shall include representative items as follows:
    (1) Fees collected in connection with the exchange of coupon bonds 
for registered bonds;
    (2) Gains or losses realized on the sale of temporary cash 
investments or marketable equity securities;
    (3) Uncollectible amounts previously credited to accounts 7310 
through 7350, inclusive;
    (4) Net unrealized losses on investments in current marketable 
equity securities;
    (5) Write-downs or write-offs of the book costs of investment in 
equity securities due to permanent impairment;
    (6) Gains or losses of nonoperating nature arising from foreign 
currency exchange or translation;
    (7) Gains or losses from the extinguishment of debt made to satisfy 
sinking fund requirements;
    (8) Amortization of Goodwill;
    (9) Company's share of the earnings or losses of affiliated 
companies accounted for on the equity method; and
    (10) The net balance of the revenue from and the expenses (including 
depreciation, amortization and insurance) of property, plant, and 
equipment, the cost of which is includable in Account 2006, Nonoperating 
Plant.

[[Page 482]]



Sec. 32.7370  Special charges.

    This account shall include the following costs that are typically 
given special regulatory scrutiny for ratemaking purposes. Unless 
specific justification to the contrary is given, such costs are presumed 
to be excluded from the costs of service in setting rates.
    (a) Lobbying includes expenditures for the purpose of influencing 
public opinion with respect to the election or appointment of public 
officials, referenda, legislation, or ordinances (either with respect to 
the possible adoption of new referenda, legislation or ordinances, or 
repeal or modification of existing referenda, legislation or ordinances) 
or approval, modification, or revocation of franchises, or for the 
purpose of influencing the decisions of public officials. This also 
includes advertising, gifts, honoraria, and political contributions. 
This does not include such expenditures which are directly related to 
communications with and appearances before regulatory or other 
governmental bodies in connection with the reporting utility's existing 
or proposed operations;
    (b) Contributions for charitable, social or community welfare 
purposes;
    (c) Membership fees and dues in social, service and recreational or 
athletic clubs and organizations;
    (d) Penalties and fines paid on account of violations of statutes. 
This account shall also include penalties and fines paid on account of 
violations of U.S. antitrust statutes, including judgements and payments 
in settlement of civil and criminal suits alleging such violations; and
    (e) Abandoned construction projects.

[51 FR 43499, Dec. 2, 1986, as amended at 54 FR 22758, May 26, 1989; 62 
FR 20126, Apr. 25, 1997]



Sec. 32.7399  Content of accounts.

    The Nonoperating Tax accounts shall include taxes arising from 
activities which are not a part of the central operations of the entity.



Sec. 32.7400  Nonoperating taxes.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 7410 through 
7450. Class B telephone companies shall use this account for 
nonoperating taxes of the type and character required of Class A 
companies in Accounts 7410 through 7450.



Sec. 32.7410  Nonoperating investment tax credits--net.

    (a) This account shall be charged and Account 4330, Unamortized 
Nonoperating Investment Tax Credits--Net, shall be credited with 
investment tax credits generated from qualified expenditures related to 
other operations which the company has elected to defer rather than 
recognize currently in income.
    (b) This account shall be credited and Account 4330 shall be charged 
with the amortization of each year's investment tax credits included in 
such accounts relating to amortization of previously deferred investment 
tax credits of other property or regulated property, the amortization of 
which does not serve to reduce costs of service (but the unamortized 
balance does reduce rate base) for ratemaking purposes. Such 
amortization shall be determined with reference to the period of time 
used for computing book depreciation on the property with respect to 
which the tax credits relate.



Sec. 32.7420  Nonoperating Federal income taxes.

    (a) This account shall be charged and Account 4070, Income Taxes--
Accrued, shall be credited for the amount of nonoperating Federal income 
taxes for the current period. This account shall also reflect subsequent 
adjustments to amounts previously charged.
    (b) Taxes shall be accrued each month on an estimated basis and 
adjustments made as later data becomes available.
    (c) Companies that adopt the flow-through method of accounting for 
investment tax credits shall reduce the calculated provision in this 
account by the entire amount of the credit realized during the year. Tax 
credits, other than investment tax credits, if normalized, shall be 
recorded consistent with the accounting for investment tax credits.
    (d) No entries shall be made to this account to reflect interperiod 
tax allocation.

[[Page 483]]



Sec. 32.7430  Nonoperating state and local income taxes.

    (a) This account shall be charged and Account 4070, Income Taxes--
Accrued, should be credited for the amount of state and local income 
taxes for the current period. This account shall also reflect subsequent 
adjustments to amounts previously charged.
    (b) Taxes shall be accrued each month on an estimated basis and 
adjustments made as later data becomes available.
    (c) No entries shall be made to this account to reflect interperiod 
tax allocation.



Sec. 32.7440  Nonoperating other taxes.

    This account shall be charged and Account 4080, Other Taxes--
Accrued, shall be credited for all nonoperating taxes, other than 
Federal, state and local income taxes, and payroll related taxes for the 
current period. Among the items includable in this account are property, 
gross receipts, franchise and capital stock taxes. This account shall 
also reflect subsequent adjustments to amounts previously charged.



Sec. 32.7450  Provision for deferred nonoperating income taxes--net.

    (a) This account shall be charged or credited, as appropriate, with 
contra enties recorded to the following accounts for nonoperating tax 
expenses that has been deferred in accordance with Sec. 32.22 of subpart 
B:

4110  Net Current Deferred Nonoperating Income Taxes
4350  Net Noncurrent Deferred Nonoperating Income Taxes

    (b) Subsidiary record categories shall be maintained to distinguish 
between property and nonproperty related deferrals and so that the 
company may separately report the amounts contained herein that relate 
to Federal, state and local income taxes. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.7499  Content of accounts.

    Interest and related amounts shall be included in Accounts 7510 
through 7540.



Sec. 32.7500  Interest and related items.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 7510 through 
7540. Class B telephone companies shall use this account for interest 
and related items of the type and character required of Class A 
companies in Accounts 7510 through 7540.



Sec. 32.7510  Interest on funded debt.

    (a) This account shall include the current accruals of interest on 
all classes of debt the principal of which is includable in Account 
4210, Funded Debt. It shall also include the interest on funded debt the 
maturity of which has been extended by specific agreement.
    (b) This account shall be kept so that the interest on each class of 
funded debt may be shown separately in the annual reports to this 
Commission.
    (c) These accounts shall not include charges for interest on funded 
debt issued or assumed by the company and held by or for it, whether 
pledged as collateral or held in its treasury, in special deposits or in 
sinking or other funds.
    (d) Interest expressly provided for and included in the face amount 
of securities issued shall be charged at the time of issuance to Account 
1330, Other Prepayments, and cleared to this account as the term expires 
to which the interest applies.
    (e) This account shall also include monthly amortization of balances 
in Accounts 4220, Premium on Long-Term Debt, and 4230, Discount on Long-
Term Debt.



Sec. 32.7520  Interest expense--capital leases.

    This account shall include the interest portion of each capital 
lease payment.



Sec. 32.7530  Amortization of debt issuance expense.

    This account shall include the monthly amortization of the balances 
in Account 1407, Unamortized Debt Issuance Expense.

[[Page 484]]



Sec. 32.7540  Other interest deductions.

    (a) This account shall include all interest deductions not provided 
for elsewhere, e.g., discount, premium, and expense on notes maturing 
one year of less from date of issue.
    (b) A list of representative items of indebtedness, the interest on 
which is chargeable to this account, follows:
    (1) Advances from affiliated companies;
    (2) Advances from nonaffiliated companies and other liabilities
    (3) Assessments for public improvements past due;
    (4) Bond coupons, matured and unpaid;
    (5) Claims and judgments;
    (6) Customers' deposits;
    (7) Funded debt mature, with respect to which a definite agreement 
as to extension has not been made;
    (8) Notes payable on demand or maturing one year or less from date 
of issue;
    (9) Open accounts;
    (10) Tax assessments, past due; and
    (11) Discount, premium, and issuance expense of notes maturing one 
year or less from date of issue.
    (c) Interest payable on notes or other evidences of indebtedness 
maturing serially shall be charged to Account 7510, Interest of Funded 
Debt, if any portion of the obligation matures more than one year from 
date of issue.



Sec. 32.7599  Content of accounts.

    These accounts are intended to segregate the effects of events or 
transactions that are extraordinary. Extraordinary events and 
transactions are distinguished by both their unusual nature and by the 
infrequency of their occurrence, taking into account the environment in 
which the company operates. These accounts shall also include the 
related income tax effect of the extraordinary items.



Sec. 32.7600  Extraordinary items.

    This account number shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 7610 through 
7640. Class B telephone companies shall use this account for 
transactions of the type and character required of Class A companies in 
Accounts 7610 through 7640.



Sec. 32.7610  Extraordinary income credits.

    This account shall be credited with nontypical, noncustomary and 
infrequently recurring gains which would significantly distort the 
current year's income computed before such extraordinary items, if 
reported other than as extraordinary items. Income tax relating to the 
amounts recorded in this account shall be recorded in Account 7630, 
Current Income Tax Effect for Extraordinary Items--Net, and Account 
7640, Provision for Deferred Income Tax Effect of Extraordinary Items--
Net.



Sec. 32.7620  Extraordinary income charges.

    This account shall be debited with nontypical, noncustomary and 
infrequently recurring losses which would significantly distort the 
current year's income computed before such extraordinary items, if 
reported other than as extraordinary items. Income tax relating to the 
amounts recorded in this account shall be recorded in Account 7630, 
Current Income Tax Effect for Extraordinary Items--Net, and Account 
7640, Provision for Deferred Income Tax Effect of Extraordinary Items--
Net.

[54 FR 22758, May 26, 1989]



Sec. 32.7630  Current income tax effect of extraordinary items--net.

    This account shall be charged or credited and Account 4070, Income 
Taxes--Accrued, shall be credited or charged for all current income tax 
effects (Federal, state and local) of items included in Accounts 7610, 
Extraordinary Income Credits, and 7620, Extraordinary Income Charges.



Sec. 32.7640  Provision for deferred income tax effect of extraordinary items--net.

    This account shall be charged or credited, as appropriate, with a 
contra amount recorded to Account 4350, Net Noncurrent Deferred 
Nonoperating Income Taxes or Account 4110, Net Current Deferred 
Nonoperating Income Taxes for the income tax effects (Federal, state and 
local) of items included

[[Page 485]]

in Accounts 7610, Extraordinary Income Credits, and 7620, Extraordinary 
Income Charges, that have been deferred in accordance with Sec. 32.22 of 
Subpart B.



Sec. 32.7899  Content of accounts.

    Jurisdictional differences and nonregulated income amounts shall be 
included in Accounts 7910 and 7990.



Sec. 32.7910  Income effect of jurisdictional ratemaking differences--net.

    This account shall include the impact on revenues and expenses of 
the jurisdictional ratemaking practices which vary from those of this 
Commission. All entries recorded in this account shall be recorded net 
of the applicable income tax effects and shall be supported by 
appropriate subsidiary records, where necessary, as provided for in 
Sec. 32.13(e) of subpart B.



Sec. 32.7990  Nonregulated net income.

    (a) This account shall be used by those companies who offer 
nonregulated activities that do not involve the joint or common use of 
assets or resources used in the provision of both regulated and 
nonregulated products and services, and which have not established a 
separate subsidiary for that purpose.
    (b) All revenue and expenses (including taxes) incurred in these 
nonregulated activities shall be recorded on separate books of account 
for such operations. Only the net of the total revenues and total 
expenses shall be recorded in this account, with a contra debit or 
credit to account 1406.3.

[52 FR 6562, Mar. 4, 1987]



                           Subpart G--Glossary



Sec. 32.9000  Glossary of terms.

    When used in this system of accounts:
    Accelerated depreciation means a depreciation method or period of 
time, including the treatment given cost of removal and gross salvage, 
used in calculating depreciation deductions on income tax returns which 
is different from the depreciation method or period of time prescribed 
by this Commission for use in calculating depreciation expense recorded 
in a company's books of account.
    Account means a specific element of a chart of accounts used to 
record, classify and accumulate similar financial transactions resulting 
from the operations of the entity. ``Accounts'' or ``these accounts'' 
refer to the accounts of this system of accounts.
    Accounting system means the total set of interrelated principles, 
rules, requirements, definitions, accounts, records, procedures and 
mechanisms necessary to operate and evaluate the entity from a financial 
perspective. An accounting system generally consists of a chart of 
accounts, various parallel subsystems and subsidiary records. An 
accounting system is utilized to provide the necessary financial 
information to users to meet judiciary and other responsibilities.
    Affiliated companies means companies that directly or indirectly 
through one or more intermediaries, control or are controlled by, or are 
under common control with, the accounting company. See also Control.
    Amortization means the systematic recoveries, through ratable 
charges to expense, of the cost of assets.
    Associated equipment means that equipment which functions with a 
specific type of plant or with two (2) or more types of plant, e.g., 
switching equipment, network power equipment, circuit equipment, common 
channel network signaling equipment or network operations equipment. 
Associated equipment shall be classified to the account appropriate for 
the type of equipment with which it is predominately used rather than on 
its own characteristics.
    Illustrative examples of associated equipment are:

Alarm and signal apparatus
Auxiliary framing
Cable and cable racks
Distributing frames and equipment thereon
Frame and aisle lighting equipment (not permanently attached to the 
building)
Relay racks and panels

    Basic service area means the minimum specified calling area for 
which a tariff is prescribed.
    Book cost means the amount at which property is recorded in these 
accounts,

[[Page 486]]

without deduction of related allowances.
    Common carrier or carrier means any person engaged as a common 
carrier for hire, in interstate or foreign communication by wire or 
radio or in interstate or foreign radio transmission of energy, except 
where reference is made to common carriers not subject to this Act; but 
a person engaged in radio broadcasting shall not, insofar as such person 
is so engaged, be deemed a common carrier.
    Company or the company, when not otherwise indicated in the context, 
means the accounting entity. It includes such unincorporated entities 
which may be subject to the Communications Act of 1934, as amended.
    Control (including the terms ``controlling,'' ``controlled by,'' and 
``under common control with'') means the possession directly or 
indirectly, of the power to direct or cause the direction of the 
management and policies of a company, whether such power is exercised 
through one or more intermediary companies, or alone, or in conjunction 
with, or pursuant to an agreement with, one or more other companies, and 
whether such power is established through a majority or minority 
ownership or voting of securities, common directors, officers, or 
stockholders, voting trusts, holding trusts, affiliated companies, 
contract, or any other direct or indirect means.
    Cost, except as applied to telecommunications plants, franchises, 
and patent rights, means the amount of money actually paid (or the 
current money value of any consideration other than money exchanged) for 
property or services. See also Original Cost.
    Cost of removal means the cost of demolishing, dismantling, 
removing, tearing down, or otherwise disposing of telecommunications 
plant and recovering the salvage, including the cost of transportation 
and handling incident thereto.
    Depreciation means the loss not restored by current maintenance, 
incurred in connection with the consumption or prospective retirement of 
telecommunications plant in the course of service from causes which are 
known to be in current operation, against which the company is not 
protected by insurance, and the effect of which can be forecast with a 
reasonable approach to accuracy. Among the causes to be given 
consideration are wear and tear, decay, action of the elements, 
inadequacy, obsolescence, changes in technology, changes in demand and 
requirements of public authorities.
    Entity means a legal enterprise (common carrier) engaged in 
interstate communications within the meaning of the Communications Act 
of 1934, as amended.
    Group plan, as applied to depreciation accounting, means the plan 
under which depreciation charges are accrued upon the basis of the 
original cost of all property included in each depreciable plant 
account, using the average service life thereof properly weighted, and 
upon the retirement of any depreciable property its cost is charged to 
the depreciation reserve whether or not the particular item has attained 
the average service life.
    Indexed revenue threshold for a given year means $100 million, 
adjusted for inflation, as measured by the Department of Commerce Gross 
Domestic Product Chain-type Price Index (GDP-CPI), for the period from 
October 19, 1992 to the given year. The indexed revenue threshold for a 
given year shall be determined by multiplying $100 million by the ratio 
of the annual value of the GDP-CPI for the given year to the estimated 
seasonally adjusted GDP-CPI on October 19, 1992. The indexed revenue 
threshold shall be rounded to the nearest $1 million. The seasonally 
adjusted GDP-CPI on October 19, 1992 is determined to be 100.69.
    Intangible property means assets that have no physical existence but 
instead have value because of the rights which ownership confers.
    Intrasystems means assets consisting of:
    (1) PBX and Key System Common Equipment (a switchboard or switching 
equipment shared by all stations);
    (2) Associated CPE station equipment (usually telephone or Key 
Telephone Systems); and
    (3) Intrasystem wiring (all cable or wiring and associated 
components which connect the common equipment and the station equipment, 
located on

[[Page 487]]

the customer's side of the demarcation point).
    An intrasystem does not include property, plant or equipment which 
are not solely dedicated to its operation.
    Minor items, as applied to depreciable telecommunications plant, 
means any part or element of such plant, which when removed, (with or 
without replacement) does not initiate retirement accounting.
    Original cost or cost, as applied to telecommunications plant, 
rights of way and other intangible property, means the actual money cost 
of (or the current money value of any consideration other than money 
exchanged for) property at the time when it was first dedicated to use 
by a regulated telecommunications entity, whether the accounting company 
or by predecessors.

For the application of this definition to property acquired from 
predecessors see Sec. 32.2000(b)(1) of subpart C. Note also the 
definition of Cost in this section.
    Plant retired means plant which has been removed, sold, abandoned, 
destroyed, or otherwise withdrawn from service.
    Retirement units, as applied to depreciable telecommunications 
plant, means those items of plant which when removed (with or without 
replacement) cause the initiation of retirement accounting entries.
    Salvage value means the amount received for property retired, if 
sold, or if retained for reuse, the amount at which the material 
recovered is chargeable to Account 1220, Material and Supplies, or other 
appropriate account.
    Straight-line method, as applied to depreciation accounting, means 
the plan under which the cost of property is charged to operating 
expenses and credited to accumulated depreciation through equal annual 
charges as nearly as may be during its service life.
    Subsidiary record means accumulation of detailed information which 
is required by this Commission to be maintained in support of entries to 
the accounts.
    Subsidiary record categories means those segregations of certain 
regulated costs, expenses and revenues which must be maintained and are 
subject to specific reporting requirements of this Commission.
    Subsystems, parallel mechanisms means processes or procedures which 
augment the use of a chart of accounts in the financial operation of the 
entity. These subsystems operate on and/or process account and 
subsidiary record information for specific purposes.
    Telecommunications means any transmission, emission, or reception of 
signs, signals, writing, images or sounds or intelligence of any nature 
by wire, radio, visual or other electromagnetic systems. This 
encompasses the aggregate of several modes of conveying information, 
signals or messages over a distance. Included in the telecommunications 
industry is the transmitting, receiving, or exchanging of information 
among multiple locations. The minimum elements required for the 
telecommunications process to occur are a message source, a transmission 
medium and a receiver.
    Time of installation means the date at which telecommunications 
plant is placed in service.
    Time of retirement means the date at which telecommunications plant 
is retired from service.
    Tangible property means assets characterized by physical existence, 
such as land, buildings, equipment, furniture, fixtures and tools.

[51 FR 43499, Dec. 2, 1986, as amended at 61 FR 50245, Sept. 25, 1996; 
62 FR 39778, July 24, 1997; 62 FR 51064, Sept. 30, 1997]



PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR 
TELECOMMUNICATIONS COMPANIES \1\--Table of Contents



---------------------------------------------------------------------------

    \1\ The Commission has determined that the same jurisdictional 
separations used in the contiguous states are to be used for Alaska, 
Hawaii, Puerto Rico and the Virgin Islands. Integration of Rates and 
Services, Docket No.

[[Page ]]

21263, 87 FCC 2nd 18 (1981); Integration of Rates and Services, Docket 
No. 21264, 72 FCC 2nd 699 (1979).
---------------------------------------------------------------------------

                           Subpart A--General

Sec.
36.1  General.

[[Page 488]]

36.2  Fundamental principles underlying procedures.

                 Subpart B--Telecommunications Property

                                 General

36.101  Section arrangement.
36.102  General.

                       General Support Facilities

36.111  General.
36.112  Apportionment procedure.

                        Central Office Equipment

36.121  General.
36.122  Categories and apportionment procedures.
36.123  Operator systems equipment--Category 1.
36.124  Tandem switching equipment--Category 2.
36.125  Local switching equipment--Category 3.
36.126  Circuit equipment--Category 4.

           Information Origination/Termination (IOT) Equipment

36.141  General.
36.142  Categories and apportionment procedures.

                        Cable and Wire Facilities

36.151  General.
36.152  Categories of Cable and Wire Facilities (C&WF).
36.153  Assignment of Cable and Wire Facilities (C&WF) to categories.
36.154  Exchange line Cable and Wire Facilities (C&WF)--Category 1--
          apportionment procedures.
36.155  Wideband and exchange truck (C&WF)--Category 2--apportionment 
          procedures.
36.156  Interexchange Cable and Wire Facilities (C&WF)--Category 3--
          apportionment procedures.
36.157  Host/remote message Cable and Wire Facilities (C&WF)--Category 
          4--apportionment procedures.

                           Amortizable Assets

36.161  Tangible assets--Account 2680.
36.162  Intangible assets--Account 2690.

                     Telecommunications Plant--Other

36.171  Property held for future telecommunications use--Account 2002; 
          Telecommunications plant under construction--Account 2003; and 
          Telecommunications plant adjustment--Account 2005.

                       Rural Telephone Bank Stock

36.172  Investment in nonaffiliated companies--Account 1402.

             Material and Supplies and Cash Working Capital

36.181  Material and supplies--Account 1220.
36.182  Cash working capital.

                         Equal Access Equipment

36.191  Equal access equipment.

        Subpart C--Operating Revenues and Certain Income Accounts

                                 General

36.201  Section arrangement.
36.202  General.

                           Operating Revenues

36.211  General.
36.212  Basic local services revenue--Account 5000.
36.213  Network access services revenues.
36.214  Long distance message revenue--Account 5100.
36.215  Miscellaneous revenue--Account 5200.
36.216  Uncollectible revenue--Account 5300.

                         Certain Income Accounts

36.221  Other operating income and expenses--Account 7100.
36.222  Nonoperating income and expenses--Account 7300.
36.223  Interest and related items--Account 7500.
36.224  Extraordinary items--Account 7600.
36.225  Income effect of jurisdictional ratemaking differences--Account 
          7910.

                 Subpart D--Operating Expenses and Taxes

                                 General

36.301  Section arrangement.
36.302  General.

                   Plant Specific Operations Expenses

36.310  General.

                Network Support/General Support Expenses

36.311  Network support expenses--Account 6110 and general support 
          expenses--Account 6120.

                         Central Office Expenses

36.321  Central office expenses--Accounts 6210, 6220, and 6230.

              Information Origination/Termination Expenses

36.331  Information origination/termination expenses--Account 6310.

[[Page 489]]

                   Cable and Wire Facilities Expenses

36.341  Cable and wire facilities expenses--Account 6410.

                  Plant Nonspecific Operations Expenses

36.351  General.

                          Plant Expenses--Other

36.352  Other property plant and equipment expenses--Account 6510.

                       Network Operations Expenses

36.353  Network operations expenses--Account 6530.
36.354  Access expenses--Account 6540.

                 Depreciation and Amortization Expenses

36.361  Depreciation and amortization expenses--Account 6560.

                      Customer Operations Expenses

36.371  General.
36.372  Marketing--Account 6610.
36.373  Services--Account 6620.
36.374  Telephone operator services.
36.375  Published directory listing.
36.376  All other.
36.377  Category 1--Local business office expense.
36.378  Category 2--Customer services (revenue accounting).
36.379  Message processing expense.
36.380  Other billing and collecting expense.
36.381  Carrier access charge billing and collecting expense.
36.382  Category 3--All other customer services expense.

                      Corporate Operations Expense

36.391  General.
36.392  Executive and planning--Account 6710, and general and 
          administrative--Account 6720.

                             Operating Taxes

36.411  Operating taxes--Account 7200.
36.412  Apportionment procedures.

                          Equal Access Expenses

36.421  Equal access expenses.

                    Subpart E--Reserves and Deferrals

36.501  General.
36.502  Other jurisdictional assets--Net--Account 1500.
36.503  Accumulated depreciation--Account 3100.
36.504  Accumulated depreciation--Property held for future 
          telecommunications use--Account 3200.
36.505  Accumulated amortization--Tangible--Account 3400, accumulated 
          amortization--Intangible--Account 3500, and accumulated 
          amortization--Other--Account 3600.
36.506  Net current deferred operating income taxes--Account 4100, Net 
          noncurrent deferred operating income taxes--Account 4340.
36.507  Other jurisdictional liabilities and deferred credits--Net--
          Account 4370.

                    Subpart F--Universal Service Fund

                                 General

36.601  General.

                             Data Collection

36.611  Submission of information to the National Exchange Carrier 
          Association (NECA).
36.612  Updating information submitted to the National Exchange Carrier 
          Association.
36.613  Submission of information by the National Exchange Carrier 
          Association.

            Calculation of Loop Costs for Expense Adjustment

36.621  Study area total unseparated loop cost.
36.622  National and study area average unseparated loop costs.

    Calculation of Expense Adjustment--Additional Interstate Expense 
                               Allocation

36.631  Expense adjustment.

                     Transitional Expense Adjustment

36.641  Transition.

      Subpart G--Lifeline Connection Assistance Expense Allocation

36.701  General.

                               Definitions

36.711  Lifeline connection assistance.

                      Telephone Company Eligibility

36.721  Telephone company eligibility for lifeline connection assistance 
          expense allocation.

                             Data Collection

36.731  Submission of information to the National Exchange Carrier 
          Association.

    Calculation of Lifeline Connection Assistance Expense Adjustment

36.741  Expense adjustment.

Appendix--Glossary

    Authority: 47 U.S.C. Secs. 151, 154 (i) and (j), 205, 221(c), 254, 
403 and 410.

    Source: 52 FR 17229, May 6, 1987, unless otherwise noted.

[[Page 490]]



                           Subpart A--General



Sec. 36.1  General.

    (a) This part contains an outline of separations procedures for 
telecommunications companies on the station-to-station basis. These 
procedures are applicable either to property costs, revenues, expenses, 
taxes, and reserves as recorded on the books of the company or to 
estimated amounts.
    (1) Where a value basis is used instead of book costs, the ``costs'' 
referred to are the ``values'' of the property derived from the 
valuation.
    (b) The separations procedures set forth in this part are designed 
primarily for the allocation of property costs, revenues, expenses, 
taxes and reserves between state and interstate jurisdictions. For 
separations, where required, of the state portion between exchange and 
toll or for separations of individual exchanges or special services, 
further analyses and studies may be required to adapt the procedures to 
such additional separations.
    (c) The fundamental basis on which separations are made is the use 
of telecommunications plant in each of the operations. The first step is 
the assignment of the cost of the plant to categories. The basis for 
making this assignment is the identification of the plant assignable to 
each category and the determination of the cost of the plant so 
identified. The second step is the apportionment of the cost of the 
plant in each category among the operations by direct assignment where 
possible, and all remaining costs are assigned by the application of 
appropriate use factors.
    (d) In assigning book costs to categories, the costs used for 
certain plant classes are average unit costs which equate to all book 
costs of a particular account or subaccount; for other plant classes, 
the costs used are those which either directly approximate book cost 
levels or which are equated to match total book costs at a given 
location.
    (e) The procedures outlined herein reflect ``short-cuts'' where 
practicable and where their application produces substantially the same 
separations results as would be obtained by the use of more detailed 
procedures, and they assume the use of records generally maintained by 
Telecommunications Companies.
    (f) The classification to accounts of telecommunications property, 
revenues, expenses, etc., set forth in this manual is that prescribed by 
the Federal Communications Commission's Uniform System of Accounts for 
Telecommunications Companies.
    (g) In the assignment of property costs to categories and in the 
apportionment of such costs among the operations, each amount so 
assigned and apportioned is identified as to the account classification 
in which the property is included. Thus, the separated results are 
identified by property accounts and apportionment bases are provided for 
those expenses which are separated on the basis of the apportionment of 
property costs. Similarly, amounts of revenues and expenses assigned 
each of the operations are identified as to account classification.
    (h) The separations procedures described in this part are not to be 
interpreted as indicating what property, revenues, expenses and taxes, 
or what items carried in the income, reserve and retained earnings 
accounts, should or should not be considered in any investigation or 
rate proceeding.



Sec. 36.2  Fundamental principles underlying procedures.

    (a) The following general principles underlie the procedures 
outlined in this part:
    (1) Separations are intended to apportion costs among categories or 
jurisdictions by actual use or by direct assignment.
    (2) Separations are made on the ``actual use'' basis, which gives 
consideration to relative occupancy and relative time measurements.
    (3) In the development of ``actual use'' measurements, measurements 
of use are (i) determined for telecommunications plant or for work 
performed by operating forces on a unit basis (e.g., conversation-
minute-kilometers per message, weighted standard work seconds per call) 
in studies of traffic handled or work performed during a representative 
period for all traffic and (ii) applied to overall traffic volumes, 
i.e., 24-hour rather than busy-hour volumes.

[[Page 491]]

    (b) Underlying the procedures included in this manual for the 
separation of plant costs is an over-all concept which may be described 
as follows:
    (1) Telecommunications plant, in general, is segregable into two 
broad classifications, namely, (i) interexchange plant, which is plant 
used primarily to furnish toll services, and (ii) exchange plant, which 
is plant used primarily to furnish local services.
    (2) Within the interexchange classification, there are three broad 
types of plant, i.e., operator systems, switching plant, and trunk 
transmission equipment. Within the exchange classification there are 
four board types of plant, i.e., operator systems, switching plant, 
truck equipment and subscriber plant. Subscriber plant comprises lines 
to the subscriber.
    (3) In general, the basis for apportioning telecommunications plant 
used jointly for state and interstate operations are:
    (i) Operator work time expressed in weighted standard work seconds 
is the basis for measuring the use of operator systems.
    (ii) Holding-time-minutes is the basis for measuring the use of toll 
switching plant.
    (iii) Conversation-minute-kilometers or conversation minutes is the 
basis for measuring the use of interexchange circuit plant and holding-
time minutes is the basis for measuring the use of exchange trunk plant. 
While the use of holding-time-minute-kilometers is the basic fundamental 
allocation factor for interexchange circuit plant and exchange trunk 
plant, the use of conversation-minute-kilometers or conversation-minutes 
for the allocation of interexchange circuit plant and holding-time 
minutes for the allocation of exchange trunk plant are considered 
practical approximations for separations between state and interstate 
operations when related to the broad types of plant classifications used 
herein.
    (iv) A subscriber plant factor is the basis of apportioning the cost 
of message telecommunications subscriber plant and local switching plant 
between State and interstate operations. The subscriber plant factor is 
developed and used according to the procedures set forth in 
Secs. 36.154(c) through 36.154(f).
    (c) Property rented to affiliates, if not substantial in amount, is 
included as used property of the owning company with the associated 
revenues and expenses treated consistently: Also such property rented 
from affiliates is not included with the used property of the company 
making the separations; the rent paid is included in its expenses. If 
substantial in amount, the following treatment is applied:
    (1) In the case of property rented to affiliates, the property and 
related expenses and rent revenues are excluded from the telephone 
operations of the owning company, and
    (2) In the case of property rented from affiliates, the property and 
related expenses are included with, and the rent expenses are excluded 
from, the telephone operations of the company making the separation.
    (d) Property rented to or from non-affiliates is usually to be 
included as used property of the owning company with the associated 
revenues and expenses treated consistently. In the event the amount is 
substantial, the property involved and the revenues and expenses 
associated therewith may be excluded from or included in the 
telecommunications operations of the company. When required, the cost of 
property rented to or from non-affiliates is determined using procedures 
that are consistent with the procedures for the allocation of costs 
among the operations.
    (e) Costs associated with services or plant billed to another 
company which have once been separated under procedures consistent with 
general principles set forth in this part, and are thus identifiable as 
entirely interstate or State in nature, shall be directly assigned to 
the appropriate operation and jurisdiction.

[52 FR 17229, May 6, 1987, as amended at 58 FR 44905, Aug. 25, 1993]

[[Page 492]]



                 Subpart B--Telecommunications Property

                                 General



Sec. 36.101  Section arrangement.

    (a) This subpart is arranged in sections as follows:

                                 General

Telecommunications Plant in Service--Account 2001--36.101 and 36.102.
General Support Facilities--Account 2110--36.111 and 36.112.
Central Office Equipment--Accounts 2210, 2220, 2230--36.121 thru 36.126.
Information Origination/Termination Equipment--Account 2310--36.141 and 
36.142.
Cable and Wire Facilities--Account 2410--36.151 thru 36.157.
Amortization Assets--Accounts 2680 and 2690--36.161 and 36.162.
Telecommunications Plant--Other Accounts 2002 thru 2005--36.171.
Rural Telephone Bank Stock--36.172.
Material and Supplies--Accounts 1220, and Cash Working Capital--36.181 
and 36.182.
Equal Access Equipment--36.191.

[60 FR 12138, Mar. 6, 1995]



Sec. 36.102  General.

    (a) This section contains an outline of the procedures used in the 
assignment of Telecommunications Plant in Service--Account 2001 to 
categories and the apportionment of the cost assigned to each category 
among the operations.
    (b) The treatment of rental plant is outlined in Secs. 36.2(c) 
through 36.2(e). If the amount of such plant is substantial, the cost 
may be determined by using the general procedures set forth for the 
assignment of the various kinds of property to categories.
    (c) The amount of depreciation deductible from the book cost or 
``value'' is apportioned among the operations in proportion to the 
separation of the cost of the related plant accounts.

                       General Support Facilities



Sec. 36.111  General.

    (a) The costs of the general support facilities are contained in 
Account 2110, Land and Support Assets. This account contains land, 
buildings, motor vehicles, aircraft, special purpose vehicles, garage 
work equipment, other work equipment, furniture, office equipment and 
general purpose computers.



Sec. 36.112  Apportionment procedure.

    (a) The costs of the general support facilities of Class A Companies 
(which are defined in part 32 of the Commission's Rules) are apportioned 
among the operations on the basis of the separation of the costs of the 
combined Big Three Expenses which include the following accounts:

                         Plant Specific Expenses

6210  Central Office Switching Expenses
6220  Operators Systems Expenses
6230  Central Office Transmission Expenses
6310  Information Origination/Termination Expenses
6410  Cable and Wire Facilities Expenses

                       Plant Non-Specific Expenses

6530  Network Operations Expenses

                      Customer Operations Expenses

6610  Marketing
6620  Services
    (b) The costs of the general support facilities for Class B 
Companies (which are defined by part 32 of the Commission's Rules) are 
apportioned among the operations on the basis of the separation of the 
costs of Central Office Equipment, Information Origination/Termination 
Equipment, and Cable and Wire Facilities, combined.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

                        Central Office Equipment



Sec. 36.121  General.

    (a) The costs of central office equipment are carried in the 
following accounts:

Central Office Switching...............  Account 2210
  Analog Electronic Switching..........  Account 2211
  Digital Electronic Switching.........  Account 2212
  Electro-Mechanical Switching.........  Account 2215
Operator Systems.......................  Account 2220
Central Office--Transmission...........  Account 2230
  Radio Systems........................  Account 2231
  Circuit Equipment....................  Account 2232
 

    (b) Records of the cost of central office equipment are usually 
maintained

[[Page 493]]

for each study area separately by accounts. However, each account 
frequently includes equipment having more than one use. Also, equipment 
in one account frequently is associated closely with equipment in the 
same building in another account. Therefore, the separations procedures 
for central office equipment have been designed to deal with categories 
of plant rather than with equipment in an account.
    (c) In the separation of the cost of central office equipment among 
the operations, the first step is the assignment of the equipment in 
each study area to categories. The basic method of making this 
assignment is the identification of the equipment assignable to each 
category, and the determination of the cost of the identified equipment 
by analysis of accounting, engineering and other records.
    (1) The cost of common equipment not assigned to a specific 
category, e.g., common power equipment, including emergency power 
equipment, aisle lighting and framework, including distributing frames, 
is distributed among the categories in proportion to the cost of 
equipment, (excluding power equipment not dependent upon common power 
equipment) directly assigned to categories.
    (i) The cost of power equipment used by one category is assigned 
directly to that category, e.g., 130 volt power supply provided for 
circuit equipment. The cost of emergency power equipment protecting only 
power equipment used by one category is also assigned directly to that 
category.
    (ii) Where appropriate, a weighting factor is applied to the cost of 
circuit equipment in distributing the power plant costs not directly 
assigned, in order to reflect the generally greater power use per dollar 
of cost of this equipment.
    (d) The second step is the apportionment of the cost of the 
equipment in each category among the operations through the application 
of appropriate use factors or by direct assignment.



Sec. 36.122  Categories and apportionment procedures.

    (a) The following categories of central office equipment and 
apportionment procedures therefore are set forth in Secs. 36.123 through 
36.126.

Operator Systems Equipment.............  Category 1.
Tandem Switching Equipment.............  Category 2.
Local Switching Equipment..............  Category 3.
Circuit Equipment......................  Category 4.
 



Sec. 36.123  Operator systems equipment--Category 1.

    (a) Operator systems equipment is contained in Account 2220. It 
includes all types of manual telephone switchboards except tandem 
switchboards and those used solely for recording of calling telephone 
numbers in connection with customer dialed charge traffic. It includes 
all face equipment, terminating relay circuits of trunk and toll line 
circuits, cord circuits, cable turning sections, subscriber line 
equipment, associated toll connecting trunk equipment, number checking 
facilities, ticket distributing systems, calculagraphs, chief operator 
and other desks, operator chairs, and other such equipment.
    (1) Operator systems equipment is generally classified according to 
operating arrangements of which the following are typical:

(i) Separate toll boards
(ii) Separate local manual boards
(iii) Combined local manual and toll boards
(iv) Combined toll and DSA boards
(v) Separate DSA and DSB boards
(vi) Service observing boards
(vii) Auxiliary service boards
(viii) Traffic service positions

    (2) If switchboards as set forth in Sec. 36.123(a) are of the key 
pulsing type, the cost of the key pulsing senders, link and trunk finder 
equipment is included with the switchboards.
    (3) DSB boards include the associated DSB dial equipment, such as 
link and sender equipment.
    (4) Traffic service position systems include the common control and 
trunk equipment in addition to the associated groups of positions 
wherever located.
    (b) The cost of the following operator systems equipment is 
apportioned among the operations on the basis of

[[Page 494]]

the relative number of weighted standard work seconds handled at the 
switchboards under consideration.
    (1) The following types of switchboards at toll centers are 
generally apportioned individually:
    (i) Separate toll boards. These usually include outward, through and 
inward positions in separate lines and associated inward toll 
switchboard positions in line.
    (ii) Switchboards handling both local and toll, either combined or 
having segregated local and toll positions in the same line.
    (iii) Switchboards handling both toll and DSA, either combined or 
having segregated toll and DSA positions in the same line.
    (iv) Traffic service positions, including separately located groups 
of these positions when associated with a common basic control unit.
    (2) The following types of switchboards at toll centers are 
apportioned individually, or by groups of comparable types of boards for 
each exchange:
    (i) Separate local manual boards. This includes the local positions 
of manual boards where inward toll positions are in the same line.
    (ii) Separate DSA boards.
    (iii) Separate DSB boards.
    (3) Tributary boards may be treated individually if warranted or 
they may be treated on a group basis.
    (c) Auxiliary service boards generally handle rate and route, 
information, and intercept service at individual or joint positions. The 
cost of these boards is apportioned as follows:
    (1) The cost of separate directory assistance boards is apportioned 
among the operations on the basis of the relative number of weighted 
standard work seconds handled at the boards under consideration. 
Directory assistance weighted standard work seconds are apportioned 
among the operations on the basis of the classification of these 
weighted standard work seconds as follows:
    (i) Directory assistance weighted standard work seconds first are 
classified between calls received over toll directory assistance trunks 
from operators or customers and all other directory assistance calls.
    (ii) The directory assistance weighted standard work seconds of each 
type further are classified separately among the operations on the basis 
of an analysis of a representative sample of directory assistance calls 
of each type with reference to the locations of the calling and called 
stations for each call.
    (2) The cost of separate intercept boards and automated intercept 
systems in the study area is appportioned among the operations on the 
basis of the relative number of subscriber line minutes of use.
    (3) The cost of separate rate and route boards is generally included 
with the cost of the toll boards served and is apportioned with those 
boards.
    (4) Where more than one auxiliary service is handled at an auxiliary 
board, the cost of the board is apportioned among the auxiliary services 
on the basis of the relative number of weighted standard work seconds 
for each service. The cost of that part of the board allocated to each 
auxiliary service is apportioned among the operations in the same manner 
as for a separate auxiliary board.
    (d) The cost of joint exchange and toll service observing boards is 
first apportioned between exchange and toll use on the basis of the 
relative number of exchange and toll service observing units at these 
boards. The cost of separate toll service observing boards and the toll 
portion of joint service observing boards is apportioned between state 
and interstate operations on the basis of the relative number of toll 
minutes of use associated with the toll messages originating in the 
offices observed.
    (e) Traffic Service Position System (TSPS) investments are 
apportioned as follows:
    (1) Operator position investments are apportioned on the basis of 
the relative weighted standard work seconds for the entire TSPS complex.
    (2) Remote trunk arrangement (RTA) investments are apportioned on 
the basis of the relative processor real time (i.e., actual seconds) 
required to process TSPS traffic originating from the end offices served 
by each RTA.
    (3) The remaining investments at the central control location, such 
as the stored program control and memory, is

[[Page 495]]

apportioned on the basis of the relative processor real time (i.e., 
actual seconds) for the entire TSPS complex.



Sec. 36.124  Tandem switching equipment--Category 2.

    (a) Tandem switching equipment is contained in Accounts 2210, 2211, 
2212 and 2215. It includes all switching equipment in a tandem central 
office, including any associated tandem switchboard positions and any 
intertoll switching equipment. Intertoll switching equipment includes 
switching equipment used for the interconnection of message toll 
telephone circuits with each other or with local or tandem telephone 
central office trucks, intertoll dial selector equipment, or intertoll 
trunk equipment in No. 5 type electronic offices. Equipment, including 
switchboards used for recording of calling telephone numbers and other 
billing information in connection with customer dialed charge traffic is 
included with Local Switching Equipment--Category 3.
    (1) At toll center toll offices, intertoll switching equipment 
comprises equipment in the toll office used in the interconnection of: 
Toll center to toll center circuits; toll center to tributary circuits; 
tributary to tributary circuits; toll center to tandem circuits or in 
the interconnection of the aforementioned types of circuits with trunks 
to local offices in the toll center city, i.e., interconnection with 
toll switching trunks, operator trunks, information trunks, testing 
trunks, etc. Equipment associated with the local office end of such 
trunks is included with local switching equipment or switchboard 
categories as appropriate.
    (2) At tributary offices, this category includes intertoll switching 
equipment similar to that at toll center toll offices if it is used in 
the interconnection of: Tributary to tributary circuits; tributary to 
subtributary circuits; subtributary to subtributary circuits; toll 
center to subtributary circuits; or if it is used jointly in the 
interconnection of any of the aforementioned types of circuits and in 
the interconnection of such toll circuits with trunk circuits for the 
handling of traffic terminating in the tributary office. Where 
comparable equipment has no joint use but is used only for the handling 
of traffic terminating in the tributary office, it is included in the 
local switching equipment category.
    (3) At all switching entities, this category includes intertoll 
switching equipment similar to that at toll center toll offices if it is 
used in the interconnection of switched private line trunks or TWX 
switching plant trunks when these functions are in addition to the 
message telephone switching function. Switching entities wholly 
dedicated to switching of special services are assigned to Category 3--
Local Switching Equipment.
    (b) The costs of central office equipment items assigned this 
category are to be directly assigned when possible. When direct 
assignment is not possible the costs shall be apportioned among the 
operations on the basis of the relative number of study area minutes of 
use of this equipment.



Sec. 36.125  Local switching equipment--Category 3.

    (a) Local switching equipment is included in accounts 2210, 2211, 
2212 and 2215. It comprises all central office switching equipment not 
assigned other categories. Examples of local switching equipment are 
basic switching train, toll connecting trunk equipment, interlocal 
trunks, tandem trunks, terminating senders used for toll completion, 
toll completing train, call reverting equipment, weather and time of day 
service equipment, and switching equipment at electronic analog or 
digital remote line locations. Equipment used for the identification, 
recording and timing of customer dialed charge traffic, or switched 
private line traffic (e.g. transmitters, recorders, call identity 
indexers, perforators, ticketers, detectors, mastertimes) switchboards 
used solely for recording of calling telephone numbers in connection 
with customer dialed charge traffic, or switched private line traffic 
(or both) is included in this local switching category. Equipment 
provided and used primarily for operator dialed toll or customer dialed 
charge traffic except such equipment included in Category 2 Tandem 
Switching Equipment is also included in this local switching category. 
This includes

[[Page 496]]

such items as directors translators, sender registers, out trunk 
selectors and facilites for toll intercepting and digit absorption. 
Special services switching equipment which primarily performs the 
switching function for special services (e.g. switching equipment, TWX 
concentrators and switchboards) is also included in this local switching 
category.
    (1) Local office, as used in Sec. 36.125, comprises one or more 
local switching entities of the same equipment type (e.g., step-by-step, 
No. 5 Crossbar) in an individual location. A local switching entity 
comprises that local central office equipment of the same type which has 
a common intermediate distributing frame, market group or other 
separately identifiable switching unit serving one or more prefixes (NNX 
codes).
    (2) A host/remote local switching complex is composed of an 
electronic analog or digital host office and all of its remote 
locations. A host/remote local switching complex is treated as one local 
office. The current jurisdictional definition of an exchange will apply.
    (3) Dial equipment minutes of use (DEM) is defined as the minutes of 
holding time of the originating and terminating local switching 
equipment. Holding time is defined in the Glossary.
    (4) The interstate allocation factor is the percentage of local 
switching investment apportioned to the interstate jurisdiction.
    (5) The interstate DEM factor is the ratio of the interstate DEM to 
the total DEM. A weighted interstate DEM factor is the product of 
multiplying a weighting factor, as defined in paragraph (f) of this 
section, to the interstate DEM factor. The state DEM factor is the ratio 
of the state DEM to the total DEM.
    (b) Beginning January 1, 1993, Category 3 investment for study areas 
with 50,000 or more access lines is apportioned to the interstate 
jurisdiction on the basis of the interstate DEM factor. Category 3 
investment for study areas with 50,000 or more access lines is 
apportioned to the state jurisdiction on the basis of the state DEM 
factor.
    (c)-(e) [Reserved]
    (f) Beginning January 1, 1993 and ending December 31, 1997, for 
study areas with fewer than 50,000 access lines, Category 3 investment 
is apportioned to the interstate jurisdiction by the application of an 
interstate allocation factor that is the lesser of either .85 or the 
product of the interstate DEM factor specified in paragraph (a)(5) of 
this section multiplied by a weighting factor, as determined by the 
table below. Beginning January 1, 1998, for study areas with fewer than 
50,000 access lines, Category 3 investment is apportioned to the 
interstate jurisdiction by the application of an interstate allocation 
factor that is the lesser of either .85 or the sum of the interstate DEM 
factor specified in paragraph (a)(5) of this section and the difference 
between the 1996 weighted interstated DEM factor and the 1996 interstate 
DEM factor. The Category 3 investment that is not assigned to the 
interstate jurisdiction pursuant to this paragraph is assigned to the 
state jurisdiction.

------------------------------------------------------------------------
                                                               Weighting
         No. of access lines in service in study area            factor
------------------------------------------------------------------------
0-10,000.....................................................        3.0
10,001-20,000................................................        2.5
20,001-50,000................................................        2.0
50,001-or above..............................................        1.0
------------------------------------------------------------------------

    (g) For purposes of this section, an access line is a line that does 
not include WATS access lines, special access lines or private lines.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33011, 33012, Aug. 29, 
1988; 62 FR 32946, June 17, 1997; 63 FR 2124, Jan. 13, 1998]



Sec. 36.126  Circuit equipment--Category 4.

    (a) For the purpose of this section, the term ``Circuit Equipment'' 
encompasses the Radio Systems and Circuit Equipment contained in 
Accounts 2230 through 2232 respectively. It includes central office 
equipment, other than switching equipment and automatic message 
recording equipment, which is used to derive communications transmission 
channels or which is used for the amplification, modulation, 
regeneration, testing, balancing or control of signals transmitted over 
communications transmission channels. Examples of circuit equipment in 
general use include:

[[Page 497]]

    (1) Carrier telephone and telegraph system terminals.
    (2) Telephone and telegraph repeaters, termination sets, impedance 
compensators, pulse link repeaters, echo suppressors and other 
intermediate transmission amplification and balancing equipment except 
that included in switchboards.
    (3) Radio transmitters, receivers, repeaters and other radio central 
office equipment except message switching equipment associated with 
radio systems.
    (4) Composite ringers, line signaling and switching pad circuits.
    (5) Concentration equipment.
    (6) Composite sets and repeating coils.
    (7) Program transmission amplifiers, monitoring devices and volume 
indicators.
    (8) Testboards, test desks, repair desks and patch bays, including 
those provided for test and control, and for telegraph and transmission 
testing.
    (b) For apportionment among the operations, the cost of circuit 
equiment is assigned to the following subsidiary categories:
    (1) Exchange Circuit Equipment--Category 4.1.
    (i) Wideband Exchange Line Circuit Equipment--Category 4.11.
    (ii) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)--
Category 4.12.
    (iii) Exchange Line Circuit Equipment Excluding Wideband--Category 
4.13.
    (2) Interexchange Circuit Equipment--Category 4.2.
    (i) Interexchange Circuit Equipment Furnished to Another Company for 
Interstate Use--Category 4.21.
    (ii) Interexchange Circuit Equipment Used for Wideband Services 
including Satellite and Earth Station Equipment used for Wideband 
Service--Category 4.22.
    (iii) All Other Interexchange Circuit Equipment--Category 4.23.
    (3) Host/Remote Message Circuit Equipment--Category 4.3.
    (4) In addition, for the purpose of identifying and separating 
property associated with special services, circuit equipment included in 
Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is 
identified as either basic circuit equipment, i.e., equipment that 
performs functions necessary to provide and operate channels suitable 
for voice transmission (telephone grade channels), or special circuit 
equipment, i.e., equipment that is peculiar to special service circuits. 
Carrier telephone terminals and carrier telephone repeaters are examples 
of basic circuit equipment is general use, while audio program 
transmission amplifiers, bridges, monitoring devices and volume 
indicators, telegraph carrier terminals and telegraph repeaters are 
examples of special circuit equipment in general use. Cost of exchange 
circuit equipment included in Categories 4.12 and 4.13 and the 
interexchange circuit equipment in Categories 4.21, 4.22 and 4.23 are 
segregated between basic circuit equipment and special circuit equipment 
only at those locations where amounts of interexchange and exchange 
special circuit equipment are significant. Where such segregation is not 
made, the total costs in these categories are classified as basic 
circuit equipment.
    (c) Apportionment of Exchange Circuit Equipment Among the 
Operations:
    (1) Wideband Exchange Line Circuit Equipment--Category 4.11--The 
cost of exchange circuit equipment in this category is determined 
separately for each wideband facility. The respective costs are 
allocated to the appropriate operation in the same manner as the related 
exchange line cable and wire facilities described in Sec. 36.155.
    (2) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)--
Category 4.12--The cost of exchange circuit equipment associated with 
this category for the study area is allocated to the appropriate 
operation in the same manner as the related exchange trunk cable and 
wire facilities as described in Sec. 36.155.
    (3) Exchange Line Circuit Equipment Excluding Wideband--Category 
4.13--The cost of Circuit Equipment associated with exchange line plant 
excluding wideband for the study area is assigned to subcategories and 
is allocated to the appropriate operation in the same manner as the 
related exchange line cable and wire facilities for non-

[[Page 498]]

wideband service as described in Sec. 36.154.
    (d) Apportionment of Interexchange Circuit Equipment among the 
Operations: Procedures to be Used by Interexchange Carriers.
    (1) Interexchange Circuit Equipment Furnished to Another Company for 
Interstate Use--Category 4.21--This category comprises that circuit 
equipment provided for the use of another company as an integral part of 
its interexchange circuit facilities used wholly for interstate 
services. This category includes such circuit equipment as telephone 
carrier, terminals telegraph carrier terminals, and microwave systems 
used wholly for interstate services. The total cost of the circuit 
equipment in this category for the study area is assigned to the 
interstate operation.
    (2) Interexchange Circuit Equipment Used for Wideband Service--
Category 4.22--This category includes the circuit equipment portion of 
interexchange channels used for wideband services. The cost of 
interexchange circuit equipment in this category is determined 
separately for each wideband channel and is segregated between message 
and private line services on the basis of the use of the channels 
provided. The respective costs are allocated to the appropriate 
operation in the same manner as the related interexchange cable and wire 
facilities as described in Sec. 36.156.
    (3) All Other Interexchange Circuit Equipment--Category 4.23--This 
category includes the cost of all interexchange circuit equipment not 
assigned to Categories 4.21 and 4.22. Interexchange carriers shall 
freeze the allocation factors for Category 4.23 investment at levels 
reached on December 31, 1985, derived by using the procedures in effect 
at that time. On January 1, 1988, and thereafter, that frozen allocation 
factor shall be applied to each interexchange carrier's Category 4.23 
investment to derive the interstate allocation. On January 1, 1988, and 
thereafter, the amount of investment allocated to the interstate 
jurisdiction will vary but the relative proportion of the total 
investment that is allocated to the interstate jurisdiction will remain 
frozen at 1985 levels.
    (e) Apportionment of Interexchange Circuit Equipment among the 
Operations: Procedures To Be Used by Exchange Carriers.
    (1) Interexchange Circuit Equipment Furnished to Another Company for 
Interstate Use--Category 4.21--This category comprises that circuit 
equipment provided for the use of another company as an integral part of 
its interexchange circuit facilities used wholly for interstate 
services. This category includes such circuit equipment as telephone 
carrier terminals telegraph carrier terminals, and microwave systems 
used wholly for interstate services. The total cost of the circuit 
equipment in this category for the study area is assigned to the 
interstate operation.
    (2) Interexchange Circuit Equipment Used for Wideband Service--
Category 4.22--This category includes the circuit equipment portion of 
interexchange channels used for wideband services. The cost of 
interexchange circuit equipment in this category is determined 
separately for each wideband channel and is segregated between message 
and private line services on the basis of the use of the channels 
provided. The respective costs are allocated to the appropriate 
operation in the same manner as the related interexchange cable and wire 
facilities described in Sec. 36.156.
    (3) All Other Interexchange Circuit Equipment--Category 4.23--This 
category includes the cost of all interexchange circuit equipment not 
assigned to Categories 4.21 and 4.22. The cost of interexchange basic 
circuit equipment used for the following classes of circuits is included 
in this category: Jointly used message circuits, i.e., message switching 
plant circuits carrying messages from the state and interstate 
operations; circuits used exclusively for TWX service; circuits uses for 
interstate private line service; and circuits used for state private 
line services.
    (i) An average interexchange circuit equipment cost per equivalent 
interexchange telephone termination for all circuits is determined and 
applied to the equivalent interexchange telephone termination counts of 
each of the following classes of circuits: Interstate

[[Page 499]]

Private Line, State Private Line, Message, and TWX. The cost of 
interstate private line circuits is assigned directly to the interstate 
operation. The cost of state private line circuits is assigned directly 
to the state operation. The cost of message circuits is apportioned 
between the state and interstate operations on the basis of the relative 
number of study area conversation-minutes applicable to such facilities.
    (ii) The cost on interexchange circuit equipment assigned TWX 
circuits is apportioned between state and interstate toll in accordance 
with Sec. 36.126(e)(3)(i) and pursuant to the following procedures. The 
cost of circuit equipment associated with the TWX intertoll circuits 
used jointly for state and interstate operations is apportioned between 
the operations on the basis of the relative number of study area TWX 
connection-minutes applicable to such facilities. The cost of circuit 
equipment associated with the interexchange portion of the TWX remote 
access lines is apportioned between state and interstate operation on 
the basis of the relative number of study area TWX connection-minutes 
applicable to those facilities.
    (iii) The cost of special circuit equipment is segregated among TWX 
service, telegraph grade private line services and other private line 
services based on an analysis of the use of the equipment and in 
accordance with Sec. 36.126(b)(4). The cost of TWX special circuit 
equipment is apportioned on the same basis as that used for intertoll 
TWX circuits. The special circuit equipment cost assigned to telegraph 
grade and other private line services is directly assigned to the 
appropriate operation.
    (f) Apportionment of Host/Remote Message Circuit Equipment Among the 
Operations.
    (1) Host/Remote Message Circuit Equipment--Category 4.3. This 
category includes message host/remote location circuit equipment for 
which a message circuit switching function is performed at the host 
central office associated with cable and wire facilities as described in 
Sec. 36.152(c).
    (i) The category 4.3 cost of host/remote circuit equipment assigned 
to message services for the study area is apportioned among the 
exchange, intrastate toll, and interstate toll operations on the basis 
of the assignment of host/remote message cable and wire facilities as 
described in Sec. 36.157.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012 Aug. 29, 1988]

           Information Origination/Termination (IOT) Equipment



Sec. 36.141  General.

    (a) Information Origination/Termination Equipment is maintained in 
Account 2310 and includes station apparatus, embedded customer premises 
wiring, large private branch exchanges, public telephone terminal 
equipment, and other terminal equipment.
    (b) The costs in Account 2310 shall be segregated between Other 
Information Origination/Termination Equipment--Category 1, and New 
Customer Premises Equipment--Category 2 by an analysis of accounting, 
engineering and other records.



Sec. 36.142  Categories and apportionment procedures.

    (a) Other Information Origination/Termination Equipment--Category 1. 
This category includes the cost of other information origination/
termination equipment not assigned to Category 2. The costs of other 
information origination/termination equipment are allocated pursuant to 
the factor that is used to allocate subcategory 1.3 Exchange Line C&WF. 
If amounts of coinless pay telephone equipment are substantial, the cost 
of such equipment should be separately identified and allocated on the 
basis of relative toll minutes-of-use for interexchange carriers and 
minutes-of-use for exchange carriers.
    (b) Customer Premises Equipment--Category 2. This category includes 
the cost of Customer Premises Equipment that was detariffed pursuant to 
the Second Computer Inquiry decision. It shall be assigned to the state 
operations.

                        Cable and Wire Facilities



Sec. 36.151  General.

    (a) Cable and Wire Facilities, Account 2410, includes the following 
types of communications plant in service:

[[Page 500]]

Poles and antenna supporting structures, aerial cable, underground 
cable, buried cable, submarine cable, deep sea cable, intrabuilding 
network cable, aerial wire and conduit systems.
    (b) For separations purposes, it is necessary to analyze the cable 
and wire facilities classified in subordinate records in order to 
determine their assignment to the categories listed in the following 
paragraphs.
    (c) In the separation of the cost of cable and wire facilities among 
the operations, the first step is the assignment of the facilities to 
certain categories. The basic method of making this assignment is the 
identification of the facilities assignable to each category and the 
determination of the cost of the facilities so identified. Because of 
variations among companies in the character of the facilities and 
operating conditions, and in the accounting and engineering records 
maintained, the detailed methods followed, of necessity, will vary among 
the companies. The general principles to be followed, however, will be 
the same for all companies.
    (d) The second step is the apportionment of the cost of the 
facilities in each category among the operations through the application 
of appropriate factors or by direct assignment.



Sec. 36.152  Categories of Cable and Wire Facilities (C&WF).

    (a) C&WF are basically divided between exchange and interexchange. 
Exchange C&WF consists of the following categories:
    (1) Exchange Line C&WF Excluding Wideband--Category 1--This category 
includes C&W facilities between local central offices and subscriber 
premises used for message telephone, TWX subscriber lines, private line, 
local channels, and for circuits between control terminals and radio 
stations providing very high frequency maritime service or urban or 
highway mobile service.
    (2) Wideband and Exchange Trunk C&WF--Category 2--This category 
includes all wideband, including Exchange Line Wideband and C&WF between 
local central offices and Wideband facilities. It also includes C&WF 
between central offices or other switching points used by any common 
carrier for interlocal trunks wholly within an exchange or metropolitan 
service area, interlocal trunks with one or both terminals outside a 
metropolitan service area carrying some exchange traffic, toll 
connecting trunks, tandem trunks principally carrying exchange traffic, 
the exchange trunk portion of TWX and WATS access lines the exchange 
trunk portion of private line local channels, and the exchange trunk 
portion of circuits between control terminals and radio stations 
providing very high frequency maritime service or urban or highway 
mobile service.
    (3) The procedures for apportioning the cost of exchange cable and 
wire facilites among the operations are set forth in Secs. 36.154 and 
36.155.
    (b) Interexchange C&WF--Category 3--This category includes the C&WF 
used for message toll and toll private line services. It includes cable 
and wire facilities carrying intertoll circuits, tributary circuits, the 
interexchange channel portion of special service circuits, circuits 
between control terminals and radio stations used for overseas or 
coastal harbor service, interlocal trunks between offices in the 
different exchange or metropolitan service areas carrying only message 
toll traffic and certain tandem trunks which carry principally message 
toll traffic.
    (1) The procedures for apportioning the cost of interexchange cable 
and wire facilities among the operations are set forth in Sec. 36.156.
    (c) Host/Remote Message C&WF--Category 4--This category includes the 
cost of message host/remote location C&WF for which a message circuit 
switching function is performed at the host central office. It applies 
to C&WF between host offices and all remote locations. The procedures 
for apportioning the cost of these facilities among the operations are 
set forth in Sec. 36.157.



Sec. 36.153  Assignment of Cable and Wire Facilities (C&WF) to categories.

    (a) Cable consists of: Aerial cable, underground cable, buried 
cable, submarine cable, deep sea cable and intrabuilding network cable. 
Where an entire cable or aerial wire is assignable to one category, its 
cost and quantity

[[Page 501]]

are, where practicable, directly assigned.
    (1) Cable. (i) There are two basic methods for assigning the cost of 
cable to the various categories. Both of them are on the basis of 
conductor cross section. The methods are as follows:
    (A) By section of cable, uniform as to makeup and relative use by 
categories. From an analysis of cable engineering and assignment 
records, determine in terms of equivalent gauge the number of pairs in 
use or reserved, for each category. The corresponding percentages of 
use, or reservation, are applied to the cost of the section of cable, 
i.e., sheath meters times unit cost per meter, to obtain the cost 
assignable to each category.
    (B) By using equivalent pair kilometers, i.e., pair kilometers 
expressed in terms of equivalent gauge. From an analysis of cable 
engineering and assignment records, determine the equivalent pair 
kilometers in use for each category by type of facility, e.g., quadded, 
paired. The equivalent pair kilometers are then divided by a cable fill 
factor to obtain the equivalent pair kilometers in plant. The total 
equivalent pair kilometers in plant assigned to each category is 
summarized by type of facility, e.g., quadded and paired, and priced at 
appropriate average unit costs per equivalent pair kilometer in plant. 
If desired, this study may be made in terms of circuit kilometers rather 
than physical pair kilometers, with average cost and fill data 
consistent with the basis of the facilities kilometer count.
    (ii) In the assignment of the cost of cable under the two basic 
methods described in Sec. 36.153(a)(1)(i) consideration is given to the 
following:
    (A) Method (A) described in Sec. 36.153(a)(1)(i)(A) will probably be 
found more desirable where there is a relatively small amount of cable 
of variable make-up and use by categories. Conversely, method (B) 
described in Sec. 36.153(a)(1)(i)(B) will probably be more desirable 
where there is a large amount of cable of variable make-up and use by 
categories. However, in some cases a combination of both methods may be 
desirable.
    (B) It will be desirable in some cases to determine the amount 
assignable to a particular category by deducting from the total the sum 
of the amounts assigned to all other categories.
    (C) For use in the assignment of poles to categories, the equivalent 
sheath kilometers of aerial cable assigned to each category are 
determined. For convenience, these quantities are determined in 
connection with assignment of cable costs.
    (D) Where an entire cable is assignable to one category, its costs 
and quantity are, where practicable, directly assigned.
    (iii) For cables especially arranged for high-frequency transmission 
such as shielded, disc-insulated and coaxial, recognition is given to 
the additional costs which are charged to the high-frequency complement.
    (2) Cable Loading. (i) Methods for assigning the cost of loading 
coils, cases, etc., to categories are comparable with those used in 
assigning the associated cable to categories. Loading associated with 
cable which is directly assigned to a given category is also directly 
assigned. The remaining loading is assigned to categories in either of 
the following bases:
    (A) By an analysis of the use made of the loading facilities where a 
loading coil case includes coils assignable to more than one category, 
e.g., in the case of a single gauge uniformly loaded section, the 
percentage used in the related cable assignment are applicable, or
    (B) By pricing out each category by determining the pair meters of 
loaded pairs assigned to each category and multiplying by the unit cost 
per pair meter of loading by type.
    (3) Other Cable Plant. (i) In view of the small amounts involved, 
the cost of all protected terminals and gas pressure contactor terminals 
in the toll cable subaccounts is assigned to the appropriate 
Interexchange Cable & Wire Facilities categories. The cost of all other 
terminals in the exchange and toll cable subaccounts is assigned to 
Exchange Cable and Wire Facilities.
    (b) Aerial Wire. (1) The cost of wire accounted for as exchange is 
assigned to the appropriate Exchange Cable & Wire Facilities categories. 
The cost of wire accounted for as toll, which is used for exchange, is 
also assigned to

[[Page 502]]

the appropriate Exchange Cable & Wire Facilities categories. The cost of 
the remaining wire accounted for as toll is assigned to the appropriate 
Interexchange Cable & Wire Facilities categories as described in 
Sec. 36.156. For companies not maintaining exchange and toll 
subaccounts, it is necessary to review the plant records and identify 
wire plant by use. The cost of wire used for providing circuits directly 
assignable to a category is assigned to that category. The cost of wire 
used for providing circuit facilities jointly used for exchange and 
interexchange lines is assigned to categories on the basis of the 
relative number of circuit kilometers involved.
    (c) Poles and Antenna Supporting Structures. (1) In the assignment 
of these costs, anchors, guys, crossarms, antenna supporting structure, 
and right-of-way are included with the poles.
    (2) Poles. (i) The cost of poles is assigned to categories based on 
the ratio of the cost of poles to the total cost of aerial wire and 
aerial cable.
    (d) Conduit Systems. (1) The cost of conduit systems is assigned to 
categories on the basis of the assignment of the cost of underground 
cable.

[53 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 58 
FR 44905, Aug. 25, 1993]



Sec. 36.154  Exchange Line Cable and Wire Facilities (C&WF)--Category 1--apportionment procedures.

    (a) Exchange Line C&WF--Category 1. The first step in apportioning 
the cost of exchange line cable and wire facilities among the operations 
is the determination of an average cost per working loop. This average 
cost per working loop is determined by dividing the total cost of 
exchange line cable and wire Category 1 in the study area by the sum of 
the working loops described in subcategories listed below. The 
subcategories are:
    Subcategory 1.1--State private lines and state WATS lines. This 
subcategory shall include all private lines and WATS lines carring 
exclusively state traffic as well as private lines and WATS lines 
carrying exclusively interstate traffic as well as private lines and 
WATS lines carrying both state and interstate traffic if the interstate 
traffic on the line involved constitutes ten percent or less of the 
total traffic on the line.
    Subcategory 1.2--Interstate private lines and interstate WATS lines. 
This subcategory shall include all private lines and WATS lines that 
carry exclusively interstate traffic as well as private lines and WATS 
lines carrying both state and interstate traffic if the interstate 
traffic on the line involved constitutes more than ten percent of the 
total traffic on the line.
    Subcategory 1.3--Subscriber or common lines that are jointly used 
for local exchange service and exchange access for state and interstate 
interexchange services.
    (b) The costs assigned to subcategories 1.1 and 1.2 shall be 
directly assigned to the appropriate jurisdication.
    (c) Except as provided in Sec. 36.154 (d) through (f), effective 
January 1, 1986, 25 percent of the costs assigned to subcategory 1.3 
shall be allocated to the interstate jurisdiction.
    (d) Except as provided in Sec. 36.154(f), the interstate allocation 
of subcategory 1.3 costs for the years 1988, 1989, 1990, 1991 and 1992 
will be as follows:
    (1) 1988--The Sec. 36.154(e) allocation factor multiplied by .625 
plus .09375.
    (2) 1989--The Sec. 36.154(e) allocation factor multiplied by .5 plus 
.125.
    (3) 1990--The Sec. 36.154(e) allocation factor multiplied by .375 
plus .15625.
    (4) 1991--The Sec. 36.154(e) allocation factor multiplied by .25 
plus .1875.
    (5) 1992--The Sec. 36.154(e) allocation factor multiplied by .125 
plus .21875.
    (e) For purposes of the transitional allocations described in 
Sec. 36.154 (d) and (f) an allocation factor known as the subscriber 
plant factor or SPF that is the sum of the following shall be computed:
    (1) Annual average interstate subscriber line use (SLU), for the 
calendar year 1981.\2\ representing the interstate

[[Page 503]]

use of the subscriber plant as measured by the ratio of interstate 
holding time minutes of use to total holding time minutes of use 
applicable to traffic originating and terminating in the study area, 
multiplied by .85, the nationwide ratio of subscriber plant costs 
assignable to the exchange operation per minute of exchange use to total 
subscriber plant cost per total minute of use of subscriber plant, plus
---------------------------------------------------------------------------

    \2\ In the case of a company that cannot calculate the average 
interstate subscriber line usage (SLU) ratio for the calendar year 1981, 
the average interstate SLU for the customarily used 12-month study 
period ending in 1981 may be utilized. In the case of a company for 
which no such 1981 annual average SLU exists, the annual average 
interstate

[[Page ]]

SLU for the initial study period will be utilized.
---------------------------------------------------------------------------

    (2) Twice the annual average interstate subscriber line use ratio 
for the study area for the calendar year 1981, multiplied by the annual 
average composite station rate ratio used for the calendar year 1981 
(ratio of the nationwide, industry-wide average interstate initial 3-
minute station charge at the study area average interstate length of 
haul to the nationwide, industry-wide average total toll initial 3-
minute station charge at the nationwide average length of haul for all 
toll traffic for the total telephone industry).
    (f) Limit on Change in Interstate Allocation. (1) No study area's 
percentage interstate allocation for Subcategory 1.3 Exchange Line C&WF 
and COE, Exchange Line Circuit Equipment Excluding Wideband--Category 
4.13 investment as well as associated maintenance and depreciation shall 
decrease by a total of more than five percentage points from one 
calendar year to the next as a result of the combined operations of 
Secs. 36.154(d) and 36.641 (a) and (b).
    (2) The determination of whether the decrease in the interstate 
allocation for a given study area resulting from the operation of 
Secs. 36.154(d) and 36.641(a) through 36.641(b) exceeds five percentage 
points shall be made by calculating a percentage interstate allocation 
for both of the years involved. This shall be done by dividing the 
interstate allocation of subcategory 1.3 Exchange Line C&WF and COE 
exchange Line circuit Equipment Excluding Wideband Category 4.13 and 
associated expenses for each year as calculated pursuant to 
Sec. 36.154(f)(4) by the total unseparated investment in Exchange Line 
C&WF subcategory 1.3 and COE Category 4.13 and associated expenses for 
the corresponding year as calculated pursuant to Sec. 36.154(f)(5).
    (3) If the resulting percentage for the more recent of the two years 
is more than five percentage points less than the percentage for the 
earlier year, the decrease in the interstate allocations shall be 
reduced pro rata for plant investment, maintenance and depreciation so 
that the difference between the two percentages does not equal more than 
five percentage points.
    (4) The sum of the following:
    (i) The net interstate allocation of Exchange Line C&WF--subcategory 
1.3 investment calculated pursuant to Sec. 36.154(d) and (e) multiplied 
by the authorized interstate rate of return.
    (ii) The net interstate allocation of COE Exchange Line Circuit 
Equipment--Category 4.13 investment calculated purusant to Sec. 36.154 
(d) and (e) multiplied by the authorized interstate rate of return.
    (iii) The interstate allocation of maintenance and depreciation 
attributable to Exchange Line C&WF subcategory 1.3 customer premises 
wire and COE Exhange Line Circuit Equipment--Category 4.13 calculated 
pursuant to Sec. 36.154 (d) and (e).
    (iv) The amount of the additional interstate expense allocation 
calculated pursuant to Sec. 36.641.
    (5) The sum of the following:
    (i) The net unseparated Exchange Line C&WF subcategory 1.3 
investment multiplied by the authorized interstate rate of return.
    (ii) The net unseparated COE Exchange Line Circuit--Category 4.13 
investment multiplied by the authorized interstate rate of return.
    (iii) The unseparated maintenance and depreciation attributable to 
Exchange Line C&WF subcategory 1.3 investment, customer premises wiring 
investment and COE Exhange Line Circuit Equipment--Category 4.13 
investment.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 54 
FR 31033, July 26, 1989]



Sec. 36.155  Wideband and exchange trunk (C&WF)--Category 2--apportionment procedures.

    (a) The cost of C&WF applicable to this category shall be directly 
assigned

[[Page 504]]

where feasible. If direct assignment is not feasible, cost shall be 
apportioned between the state and interstate jurisdictions on the basis 
of the relative number of minutes of use.



Sec. 36.156  Interexchange Cable and Wire Facilities (C&WF)--Category 3--apportionment procedures.

    (a) An average interexchange cable and wire facilities cost per 
equivalent interexchange telephone circuit kilometer for all circuits in 
Category 3 is determined and applied to the equivalent interexchange 
telephone circuit kilometer counts of each of the classes of circuits.
    (b) The cost of C&WF applicable to this category shall be directly 
assigned were feasible. If direct assignment is not feasible, cost shall 
be apportioned between the state and interstate jurisdiction on the 
basis of conversation-minute kilometers as applied to toll message 
circuits, TWX circuits, etc.

[58 FR 44905, Aug. 25, 1993]



Sec. 36.157  Host/remote message Cable and Wire Facilities (C&WF)--Category 4--apportionment procedures.

    (a) Host/Remote Message C&WF--Category 4. The cost of host/remote 
C&WF used for message circuits, i.e., circuits carrying only message 
traffic, is included in this category.
    (1) The cost of host/remote message C&WF excluding WATS closed end 
access lines for the study area is apportioned on the basis of the 
relative number of study area minutes-of-use kilometers applicable to 
such facilities.
    (2) The cost of host/remote message C&WF used for WATS closed end 
access for the study area is directly assigned to the appropriate 
jurisdiction.

[52 FR 17229, May 6, 1987, as amended at 58 FR 44905, Aug. 25, 1993]

                           Amortizable Assets



Sec. 36.161  Tangible assets--Account 2680.

    (a) Tangible Assets, Account 2680 includes the costs of property 
acquired under capital leases and the original cost of leasehold 
improvements.
    (b) The costs of capital leases are apportioned among the operations 
based on similar plant owned or by analysis.
    (c) The cost of leasehold improvements are apportioned among the 
operations in direct proportion to the costs of the related primary 
account.



Sec. 36.162  Intangible assets--Account 2690.

    (a) Intangible Assets, Account 2690 includes the costs of organizing 
and incorporating the company, franchises, patent rights, and other 
intangible property having a life of more than one year.
    (b) The amount included in this account is apportioned among the 
operations on the basis of the separation of the cost of 
Telecommunications Plant In Service, Account 2001, excluding the 
Intangible Assets, Account 2690.

                     Telecommunications Plant--Other



Sec. 36.171  Property held for future telecommunications use--Account 2002; Telecommunications plant under construction--Account 2003; and Telecommunications 
          plant adjustment--Account 2005.

    The amounts carried in Accounts 2002, 2003, and 2005 are apportioned 
among the operations on the basis of the apportionment of Account 2001, 
Telecommunications Plant in Service.

[60 FR 12138, Mar. 6, 1995]

                       Rural Telephone Bank Stock



Sec. 36.172  Investment in nonaffiliated companies--Account 1402.

    (a) The amounts carried in this account shall be separated into 
subsidiary record categories:
    (1) Class B RTB Stock and
    (2) All other.
    (b) The amounts contained in category (2) all other of 
Sec. 36.172(a)(2), shall be excluded from part 36 jurisdictional 
separations.
    (c) The amounts contained in category (1) Class B RTB stock of 
Sec. 36.172(a)(1), shall be allocated based on the relative separations 
of Account 2001, Telephone Plant in Service.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

[[Page 505]]

             Material and Supplies and Cash Working Capital



Sec. 36.181  Material and supplies--Account 1220.

    (a) The amount included in Account 1220 is apportioned among the 
operations on the basis of the apportionment of the cost of cable and 
wire facilities in service. Any amounts included in Account 1220 
associated with the Customer Premises portion of Account 2310 equipment, 
shall be excluded from the amounts which are allocated to the interstate 
operation.



Sec. 36.182  Cash working capital.

    (a) The amount for cash working capital, if not determined directly 
for a particular operation, is apportioned among the operations on the 
basis of total expenses less non-cash expense items.

                         Equal Access Equipment



Sec. 36.191  Equal access equipment.

    (a) Equal access investment includes only initial incremental 
expenditures for hardware and other equipment related directly to the 
provision of equal access which would not be required to upgrade the 
capabilities of the office involved absent the provision of equal 
access. Equal access investment is limited to such expenditures for 
converting central offices which serve competitive interexchange 
carriers or where there has been a bona fide request for conversion to 
equal access.
    (b) Equal access investment is first segregated from all other 
amounts in the primary accounts.
    (c) The equal access investment determined in this manner is 
allocated between the jurisdictions on the basis of relative state and 
interstate equal access traffic including interstate interLATA equal 
access traffic, intrastate interLATA equal access traffic, and BOC 
interstate corridor toll traffic as well as AT&T and OCC intraLATA equal 
access usage. Local exchange traffic and BOC intraLATA toll traffic is 
excluded. In the case of independent telephone companies, intrastate 
toll service provided by the independent local exchange company is 
excluded in determining intrastate usage, but intrastate toll service 
provided by long distance carriers affiliated with the local exchange 
company is included.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988.]



        Subpart C--Operating Revenues and Certain Income Accounts

                                 General



Sec. 36.201  Section arrangement.

    (a) This subpart is arranged in sections as follows:

General....................................  36.202
Operating Revenues:........................  36.211
  Basic Local Service Revenue--Account 5000  36.212
  Network Access Services Revenues--         36.213
   Accounts 5080 thru 5084.
  Long Distance Message Revenue--Account     36.214
   5100.
  Miscellanous Revenue--Account 5200.......  36.215
  Uncollectible Revenue--Account 5300......  36.216
Certain Income Accounts:
  Other Operating Income and Expenses--      36.221
   Account 7100.
  Nonoperating Income and Expenses--Account  36.222
   7300.
  Interest and Related Items--Account 7500.  36.223
  Extraordinary Items--Account 7600........  36.224
  Income Effect of Jurisdictional            36.225
   Ratemaking Differences--Accounts 7910.
 


[52 FR 17299, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]



Sec. 36.202  General.

    (a) This section sets forth procedures for the apportionment among 
the operations of operating revenues and certain income and expense 
accounts.
    (b) Except for the Network Access Services Revenues, subsidiary 
record categories are maintained for all revenue accounts in accordance 
with the requirements of part 32. These subsidiary records identify 
services for the appropriate jurisdiction and will be used in 
conjunction with apportionment procedures stated in this manual.

[[Page 506]]

                           Operating Revenues



Sec. 36.211  General.

    (a) Operating revenues are included in the following accounts:

------------------------------------------------------------------------
                                                                Account
                        Account Title                             No.
------------------------------------------------------------------------
Basic Local Service Revenue..................................       5000
Network Access Service Revenues:
  Network Access Revenue.....................................       5080
  End User Revenue...........................................       5081
  Switched Access Revenue....................................       5082
  Special Access Revenue.....................................       5083
  State Access Revenue.......................................       5084
Long Distance Message Revenue................................       5100
Miscellaneous Revenue........................................       5200
Uncollectible Revenue........................................       5300
------------------------------------------------------------------------



Sec. 36.212  Basic local services revenue--Account 5000.

    (a) Local private line revenues from broadcast program transmission 
audio services and broadcast program transmission video services are 
assigned to the interstate operation.
    (b) Revenues that are attributable to the origination or termination 
of interstate FX or CCSA like services shall be assigned to the 
interstate jurisdiction.
    (c) Wideband Message Service and TWX revenues from monthly and 
miscellaneous charges, service connections, move and change charges, are 
apportioned between state and interstate operations on the basis of the 
relative number of TWX minutes-of-use in the study area.
    (d) All other revenues in this account are assigned to the exchange 
operation based on their subsidiary record categories or on the basis of 
analysis and studies.



Sec. 36.213  Network access services revenues.

    (a) Network Access Revenue--Account 5080. (1) This account shall be 
used by Class A and Class B telecommunications companies to summarize 
the contents of accounts 5081 through 5084.
    (b) End User Revenue--Account 5081. (1) Revenues in this account are 
assigned to the interstate operation.
    (c) Switched Access Revenue--Account 5082. (1) Revenues in this 
account are assigned to the interstate operation.
    (d) Special Access Revenue--Account 5083. (1) Revenues in this 
account are assigned to the interstate operation.
    (e) State Access Revenue--Account 5084. (1) Revenues in this account 
are assigned to the state operation.



Sec. 36.214  Long distance message revenue-- Account 5100.

    (a) Wideband message service and TWX revenues from monthly and 
miscellaneous charges, service connections, move and change charges, are 
apportioned between state and interstate operations on the basis of the 
relative number of minutes-of-use in the study area.
    (b) Long Distance private line service revenues from broadcast 
program transmission audio services and broadcast program transmission 
video services are assigned to the interstate operation.
    (c) All other revenues in this account are directly assigned based 
on their subsidiary record categories or on the basis of analysis and 
studies.



Sec. 36.215  Miscellaneous revenue--Account 5200.

    (a) Directory revenues are assigned to the exchange operation.
    (b) Billing and collection revenues are assigned on the basis of 
services being provided.
    (c) All other revenues are apportioned on the basis of analysis.



Sec. 36.216  Uncollectible revenue--Account 5300.

    (a) The amounts in this account are apportioned among the operations 
on the basis of analysis of Account 1181-Accounts Receivable Allowance--
Telecommunication, during a representative period.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

                         Certain Income Accounts



Sec. 36.221  Other operating income and expenses--Account 7100.

    (a) Amounts relating to translation in foreign exchange 
differentials are assigned to the interstate operations.
    (b) All other amounts are apportioned based on Telecommunications 
Plant in Service, Account 2001, if plant related, or on the nature of 
the item reflected in the account, if not plant related.

[[Page 507]]



Sec. 36.222  Nonoperating income and expenses--Account 7300.

    (a) Only allowance for funds used during construction, and 
charitable, social and community welfare contributions are considered in 
this account for separations purposes.
    (b) Subsidiary record categories should be maintained for this 
account that include identification of amounts made to the account for 
(1) credits representing allowance for funds used during construction 
and (2) contributions for charitable, social or community welfare 
purposes, employee activities, membership dues and fees in service 
clubs, community welfare association and similar organizations.
    (c) The portion reflecting allowance for funds used during 
construction is apportioned on the basis of the cost of 
Telecommunications Plant Under Construction--Account 2003. The portion 
reflecting costs for social and community welfare contributions and fees 
is apportioned on the basis of the apportionment of corporate operations 
expenses.

[52 FR 17229, May 6, 1987, as amended at 60 FR 12138, Mar. 6, 1995]



Sec. 36.223  Interest and related items-- Account 7500.

    (a) Only interest paid relating to capital leases is considered in 
this account for separations purposes. Subsidiary Record Categories 
should be maintained for this account that include details relating to 
interest expense on capital leases. Such interest expense is apportioned 
on a basis consistent with the associated capital leases in Account 
2680.



Sec. 36.224  Extraordinary items--Account 7600.

    (a) Amounts in this account of an operating nature are apportioned 
on a basis consistent with the nature of these items.



Sec. 36.225  Income effect of jurisdictional ratemaking differences--Account 7910.

    (a) Amounts in this account are directly assigned to the appropriate 
jurisdiction.



                 Subpart D--Operating Expenses and Taxes

                                 General



Sec. 36.301  Section arrangement.

    (a) This subpart is arranged in sections as follows:

General....................................  36.301 and 36.302.
Plant Specific Operations Expenses:
  General..................................  36.310.
  Network Support/General Support Expenses-- 36.311.
   Accounts 6110 and 6120.
  Central Office Expenses--Account 6210,     36.321.
   6220, 6230.
  Information Origination/Termination        36.331.
   Expenses--Account 6310.
  Cable and Wire Facilities Expenses--       36.341.
   Account 6410.
Plant Nonspecific Operations Expenses:
  General..................................  36.351.
  Other Property Plant and Equipment         36.352.
   Expenses--Account 6510.
  Network Operations Expenses--Account 6530  36.353.
  Access Expenses--Account 6540............  36.354.
  Depreciation and Amortization Expenses--   36.361.
   Account 6560.
Customer Operations Expenses:
  General..................................  36.371.
  Marketing--Account 6610..................  36.372.
  Services--Account 6620...................  36.373.
  Telephone Operator Services..............  36.374.
  Published Director Listing...............  36.375.
  All Other................................  36.376.
  Category 1--Local Bus. Office Expense....  36.377.
  Category 2--Customer Services (Revenue     36.378.
   Accounting).
  Message Processing Expense...............  36.379.
  Other Billing and Collecting Expense.....  36.380.
  Carrier Access Charge Billing and          36.381.
   Collecting Expense.
  Category 3--All other Customer Service     36.382.
   Expense.
Corporate Operations Expenses:
  General..................................  36.391.
  Executive and Planning Expenses--Account   36.392.
   6710 and General and Administrative
   Expenses--Account 6720.
Operating Taxes--Account 7200..............  36.411 and 36.412.
Equal Access Expenses......................  36.421.
 


[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

[[Page 508]]



Sec. 36.302  General.

    (a) This section sets forth procedures for the apportionment among 
the operations of operating expenses and operating taxes.
    (b) As covered in Sec. 36.2 (c) and (d), the treatment of expenses 
relating to plant furnished to and obtained from others under rental 
arrangements is consistent with the treatment of such plant.
    (c) In accordance with requirements in part 32 Sec. 32.5999 (f) 
expenses recorded in the expense accounts are segregated in the 
accounting process among the following subsidiary record categories as 
appropriate to each account:

Salaries and Wages
Benefits
Rents
Other Expenses
Clearances

    (1) Subsidiary Record Categories (SRC) for Salaries and Wages, 
Benefits and Other Expenses are applicable to all of the expense 
accounts except for:

Access Expense contained in Account 6540
Depreciation and Amortization Expenses--Account 6560

    (i) SRC for access expenses are maintained to identify interstate 
and state access expense and billing and collection expense for 
carrier's carrier.
    (ii) Depreciation and Amortization Expense SRCs identify the 
character of the items contained in the account.
    (2) SRCs for Rents and Clearance are only applicable to the Plant 
Specific Operating Expense accounts 6110 thru 6410.

                   Plant Specific Operations Expenses



Sec. 36.310  General.

    (a) Plant specific operations expenses include the following 
accounts:

Network Support Expenses................  Account 6110
General Support Expenses................  Account 6120
Central Office Switching Expenses.......  Account 6210
Operators System Expenses...............  Account 6220
Central Office Transmission Expenses....  Account 6230
Information Origination/Termination       Account 6310
 Expenses.
Cable and Wire Facilities Expenses......  Account 6410
 

    (b) These accounts are used to record costs related to specific 
kinds of telecommunications plant and predominantly mirror the 
telecommunications plant in service detail accounts. Accordingly, these 
expense accounts will generally be apportioned in the same manner as the 
related plant accounts.
    (c) Except where property obtained from or furnished to other 
companies is treated as owned property by the company making the 
separation, and the related operating rents are excluded from the 
separation studies as set forth in Sec. 36.2 (c) and (d), amounts are 
apportioned among the operations on bases generally consistent with the 
treatment prescribed for similar plant costs and consistent with the 
relative magnitude of the items involved.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

                Network Support/General Support Expenses



Sec. 36.311  Network support expenses--Account 6110 and general support expenses--Account 6120.

    (a) Network Support Expenses are expenses associated with motor 
vehicles, aircraft, special purpose vehicles, garage work equipment, and 
other work equipment. General Support Expenses are expenses associated 
with land and buildings, furniture and artworks, office equipment, and 
general purpose computers.
    (b) The expenses in these account are apportioned among the 
operations on the basis of the separation of account 2110, Land and 
Support Assets.

                         Central Office Expenses



Sec. 36.321  Central office expenses--Accounts 6210, 6220, and 6230.

    (a) The expenses related to central office equipment are summarized 
in the following accounts:

Central Office Switching Expense........  Account 6210@@Q02
Operator Systems Expense................  Account 6220@@Q02
Central Office Transmission Expense.....  Account 6230
 

    (b) The expense in these accounts are apportioned among the 
operations on the basis of the separation of the investments in central 
office equipment. Accounts 2210, 2220 and 2230, combined.

[[Page 509]]

              Information Origination/Termination Expenses



Sec. 36.331  Information origination/termination expenses--Account 6310.

    (a) The expenses in this account are classified as follows:
    (1) Other Information Origination/Termination Equipment Expenses; 
Customer Premises Equipment Expenses
    (2) For some companies, these classifications are available from 
accounting records; for others, they are obtained by means of analyses 
of plant, accounting or other records for a representative period.
    (b) Other Information Origination/Termination Equipment Expenses 
include all expenses not associated with Customer Premises Equipment 
expenses. These expenses shall be apportioned between state and 
interstate operations in accordance with the apportionment of the 
related investment as per Sec. 36.142(a).
    (c) Expenses related to Customer Premises Equipment shall be 
assigned to the state operations.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

                   Cable and Wire Facilities Expenses



Sec. 36.341  Cable and wire facilities expenses--Account 6410.

    (a) This account includes the expenses for poles, antenna supporting 
structures, aerial cable, underground cable, buried cable, submarine 
cable, deep sea cable, intrabuilding network cable, aerial wire, and 
conduit systems.
    (b) The general method of separating cable and wire facilities 
expenses amoung the operations is to assign them on the basis of Account 
2410--Cable and Wire Facilities.

                  Plant Nonspecific Operations Expenses



Sec. 36.351  General.

    (a) Plant nonspecific operations expenses include the following 
accounts:

Other Property Plant and Equipment        Account 6510@@Q02
 Expenses.
Network Operations Expenses.............  Account 6530@@Q02
Access Expenses.........................  Account 6540@@Q02
Depreciation and Amortization Expenses..  Account 6560
 

                          Plant Expenses--Other



Sec. 36.352  Other property plant and equipment expenses--Account 6510.

    (a) This account is used to record the expenses associated with (1) 
property held for future telecommunications use and (2) the provisioning 
of material and supplies.
    (b) The expenses in this account are apportioned among the 
operations based on the separation of Account 2001--Telecommunications 
Plant in Service.

                       Network Operations Expenses



Sec. 36.353  Network operations expenses--Account 6530.

    (a) This account includes the expenses associated with the 
provisions of power, network administration, testing, plant operations 
administration, and engineering.
    (b) The expenses in this account are apportioned among the 
operations based on the separations of Account 2210, Central Office 
Switching, Account 2220 Operator Systems, Account 2230 Central Office 
Transmission, Account 2310, Information Origination/Termination and 
Account 2410, Cable and Wire Facilities, Combined.



Sec. 36.354  Access expenses--Account 6540.

    (a) This account includes access charges paid to exchange carriers 
for exchange access service. These are directly assigned to the 
appropriate jurisdiction based on subsidiary record categories or on 
analysis and study.

                 Depreciation and Amortization Expenses



Sec. 36.361  Depreciation and amortization expenses--Account 6560.

    (a) This account includes the depreciation expenses for 
telecommunications plant in service and for property held for future 
telecommunications use. It also includes the amortization expense for 
tangible and intangible asserts.
    (b) Expenses recorded in this account shall be separated on the 
basis of the

[[Page 510]]

separation of the associated primary Plant Accounts or related 
categories.

                      Customer Operations Expenses



Sec. 36.371  General.

    (a) Customer Operations Expenses are included in the following 
accounts:

Marketing...................................................Account 6610
Services....................................................Account 6620



Sec. 36.372  Marketing--Account 6610.

    (a) The expenses in this account are apportioned among the 
operations on the basis of an analysis of current billing for a 
representative period, excluding current billing on behalf of others and 
billing in connection with intercompany setttlements.

[52 FR 32923, Sept. 1, 1987]



Sec. 36.373  Services--Account 6620.

    (a) For apportionment purposes, the expenses in this account are 
first segregated on the basis of an analysis of job functions into the 
following classifications: Telephone operator services: publishing 
directory listing; and all other.
    (1) Expenses may be apportioned among the operations for groups of 
exchanges. A group of exchanges may include all exchanges in the study 
area.



Sec. 36.374  Telephone operator services.

    (a) Expenses in this classification include costs incurred for 
operators in call completion service and number services. This includes 
intercept, quoting rates, directory information, time charges, and all 
other operator functions performed in the central office, private branch 
exchange, teletypewriter exchange, and at public telephone stations.
    (b) Expenses in this classification are apportioned among the 
operations on the basis of the relative number of weighted standard work 
seconds as determined by analysis and study for a representative period.



Sec. 36.375  Published directory listing.

    (a) This classification includes expenses for preparing or 
purchasing, compiling and disseminating directory listings.
    (b) Published directory expense is assigned as follows:
    (1) Classified directory expense and all expense of soliciting 
advertising is assigned to the exchange operation.
    (2) TWX directory expense is assigned to State toll and interstate 
toll operations, respectively, on the basis of the relative number of 
TWX minutes-of-use.
    (3) The expense of alphabetical and street address directories and 
traffic information records is apportioned among the operations on the 
basis of the relative number of study area subscriber line minutes-of-
use applicable to each operation.
    (4) The expense associated with directories and traffic information 
records prepared for one locality and used in another locality is known 
as ``foreign directories expense.'' Such expense is assigned to the 
appropriate operation on the basis of the location of the point where 
used with respect to the locality for which the directories and records 
were prepared.



Sec. 36.376  All other.

    (a) For apportionment purposes this classification must be divided 
into three categories:
    (1) Category 1--Local Business Office Expense.
    (2) Category 2--Customer Services Expense.
    (3) Category 3--All Other Customer Services Expense.



Sec. 36.377  Category 1-- Local business office expense.

    (a) The expense in this category for the area under study is first 
segregated on the basis of an analysis of job functions into the 
following subcategories: End user service order processing; end user 
payment and collection; end user billing inquiry; interexchange carrier 
service order processing; interexchange carrier payment and collection; 
interexchange carrier billing inquiry; and coin collection and 
administration.
    (1) End-user service order processing includes expenses related to 
the receipt and processing of end users' orders for service and 
inquiries concerning service. This subcategory does not include any 
service order processing expenses

[[Page 511]]

for services provided to the interexchange carriers. End user service 
order processing expenses are first segregated into the following 
subcategories based on the relative number of actual contacts which are 
weighted, if appropriate, to reflect differences in the average work 
time per contact: Local service order processing; presubscription; 
directory advertising; State private line and special access; interstate 
private line and special access; other State message toll including 
WATS; other interstate message toll including WATS; and TWX.
    (i) Local service order processing expense (primarily local 
telephone service orders) is assigned to the State jurisdiction.
    (ii) Presubscription service order processing expense is assigned to 
the interstate jurisdiction.
    (iii) Directory advertising service order processing expense is 
assigned to the State jurisdiction.
    (iv) State private line and special access service order processing 
expense is assigned to the State jurisdiction.
    (v) Interstate private line and special access service order 
processing expense is assigned to the interstate jurisdiction.
    (vi) Other State message toll including WATS service order 
processing expense is assigned to the State jurisdiction.
    (vii) Other Interstate message toll including WATS service order 
processing expense is assigned to the interstate jurisdiction.
    (viii) TWX service order processing expense is allocated between the 
jurisdictions based on relative State and interstate billed TWX 
revenues.
    (2) End User payment and collection includes expenses incurred in 
relation to the payment and collection of amounts billed to end users. 
It also includes commissions paid to payment agencies (which receive 
payment on customer accounts) and collection agencies. This category 
does not include any payment or collection expenses for services 
provided to interexchange carriers. End user payment and collection 
expenses are first segregated into the following subcategories based on 
relative total state and interstate billed revenues (excluding revenues 
billed to interexchange carriers and/or revenues deposited in coin 
boxes) for services for which end user payment and collection is 
provided: State private line and special access; interstate private line 
and special access; State message toll including WATS; interstate 
message toll including WATS, and interstate subscriber line charge; 
local, including directory advertising; and TWX.
    (i) State private line and special access payment and collection 
expense is assigned to the State jurisdiction.
    (ii) Interstate private line and special access payment and 
collection expense is assigned to the interstate jurisdiction.
    (iii) State message toll including WATS payment and collection 
expense is assigned to the State jurisdiction.
    (iv) Interstate message toll including WATS and interstate 
subscriber line charge payment and collection expense is assigned to the 
interstate jurisdiction.
    (v) Local, including directory advertising payment and collection 
expense is assigned to the State jurisdiction.
    (vi) TWX payment and collection expense is allocated between the 
jurisdictions based on relative State and interstate billed TWX revenues 
for service for which end user payment and collection is provided.
    (3) End user billing inquiry includes expenses related to handling 
end users' inquiries concerning their bills. This category does not 
include expenses related to the inquiries of interexchange carriers 
concerning their bills. End user billing inquiry costs are first 
segregated into the following subcategories based on the relative number 
of actual contracts, weighted if appropriate, to reflect differences in 
the average work time per contact: State private line and special 
access; interstate private line and special access; State message toll 
including WATS, interstate message toll including WATS, interstate 
subscriber line charge; TWX; and other.
    (i) State private line and special access billing inquiry expense is 
directly assigned to the State jurisdiction.

[[Page 512]]

    (ii) Interstate private line and special access billing inquiry 
expense is directly assigned to the interstate jurisdiction.
    (iii) State message toll including WATS billing inquiry expense is 
directly assigned to the State jurisdiction.
    (iv) Interstate message toll including WATS, and interstate 
subscriber line charge billing inquiry expense is directly assigned to 
the interstate jurisdiction.
    (v) TWX billing inquiry expense is allocated between the 
jurisdictions based on relative State and interstate billed TWX revenues 
for service for which end user billing inquiry is provided.
    (vi) Other billing inquiry expense (primarily related to local bills 
but also including directory advertising) is directly assigned to the 
State jurisdiction.
    (4) Interexchange carrier service order processing includes expenses 
associated with the receipt and processing of interexchange carrier 
orders for service and inquiries about service. Interexchange carrier 
service order processing expenses are assigned to the following 
subcategories based on the relative number of actual contacts which are 
weighted, if appropriate, to reflect differences in the average work 
time per contact: State special access and private line; interstate 
special access and private line; State switched access and message toll 
including WATS; interstate switched access and message toll including 
WATS; State billing and collection; and interstate billing and 
collection.
    (i) State special access and private line service order processing 
expense is directly assigned to the State jurisdiction.
    (ii) Interstate special access and private line service order 
processing expense is directly assigned to the interstate jurisdiction.
    (iii) State switched access and message toll including WATS service 
order processing expense is directly assigned to the State jurisdiction.
    (iv) Interstate switched access and message toll including WATS 
service order processing expense is directly assigned to the interstate 
jurisdiction.
    (v) State billing and collection service order processing expense is 
directly assigned to the state jurisdiction.
    (vi) Interstate billing and collection service order processing 
expense is directly assigned to the interstate jurisdiction.
    (5) Interexchange carrier payment and collection includes expenses 
associated with the payment and collection of interexchange carrier 
billings, including commissions paid to payment and collection agents. 
Interexchange carrier payment and collection expenses are assigned to 
the following subcategories based on relative total State and interstate 
revenues billed to the interexchange carriers: State special access and 
private line; interstate special access and private line; State switched 
access and message toll including WATS; interstate switched access and 
message toll including WATS; State billing and collection; and 
interstate billing and collection.
    (i) State special access and private line payment and collection 
expense is directly assigned to the Interstate jurisdiction.
    (ii) Interstate special access and private line payment and 
collection expense is directly assigned to the interstate jurisdiction.
    (iii) State switched access and message toll including WATS payment 
and collection expense is directly assigned to the State jurisdiction.
    (iv) Interstate switched access and message toll including WATS 
payment and collection expense is directly assigned to the interstate 
jurisdiction.
    (v) State billing and collection payment and collection expense is 
directly assigned to the interstate jurisdiction.
    (vi) Interstate billing and collection payment and collection 
expense is directly assigned to the State jurisdiction.
    (6) Interexchange carrier billing inquiry includes expenses related 
to the handling of interexchange carrier billing inquiries. 
Interexchange carrier billing inquiry expenses are assigned to the 
following subcategories based on the relative number of actual contacts, 
weighted if appropriate, to reflect differences in the average work time 
per contact: State special access and private line; interstate special 
access and

[[Page 513]]

private line; State switched access and message toll including WATS; 
interstate switched access and message toll including WATS; State 
billing and collection; and interstate billing and collection.
    (i) State special access and private line billing inquiry expenses 
is directly assigned to the State jurisdiction.
    (ii) Interstate special access and private line billing inquiry 
expense is directly assigned to the interstate jurisdiction.
    (iii) State switched access and message toll including WATS billing 
inquiry expense is directly assigned to the State jurisdiction.
    (iv) Interstate switched access and message toll including WATS 
billing inquiry expense is directly assigned to the interstate 
jurisdiction.
    (v) State billing and collection billing inquiry expense is directly 
assigned to the State jurisdiction.
    (vi) Interstate Billing and Collection billing inquiry expense is 
directly assigned to the interstate jurisdiction.
    (7) Coin collection and administration includes expenses for the 
collection and counting of money deposited in public or semi-public 
phones. It also includes expenses incurred for required travel, coin 
security, checking the serviceability of public or semi-public 
telephones, and related functions. These expenses are apportioned 
between the State and interstate jurisdictions in proportion to the 
relative State and interstate revenues deposited in the public and semi-
public telephones.



Sec. 36.378  Category 2--Customer services (revenue accounting).

    (a) The Revenue Accounting proportion of Account 6620 expenses 
comprise the salaries and other expenses in Account 6620 directly 
assignable or allocable to the billing of customers and the accounting 
for revenues, including the supervision of such work.
    (b) Revenue Accounting expenses for the study area are separated on 
the basis of a Job Function analysis into three main classifications: 
Message processing expense, other billing and collecting expense, and 
carrier access charge billing and collecting expense.
    (c) The term ``ticket'' denotes either a ticket prepared manually by 
an operator or the mechanized equivalent of such a ticket processed by 
the revenue accounting office.



Sec. 36.379  Message processing expense.

    (a) This classification includes the salary and machine expense of 
data processing equipment, including supervision, general accounting 
administrative and miscellaneous expense associated with the processing 
of individual toll tickets and local message tickets.
    (b) The expense assigned to this classification is divided into the 
subcategories Toll Ticket Processing Expense and Local Message 
Processing Expense on the basis of the relative number of messages. Toll 
Ticket Processing Expense is allocated between the State and interstate 
jurisdiction on the basis of the relative number of toll messages. Local 
Message Processing Expense is assigned to the exchange operation.



Sec. 36.380  Other billing and collecting expense.

    (a) This classification includes the salary expense, including 
supervision, general accounting administrative, and miscellaneous 
expense, associated with the preparation of customer bills other than 
carrier access charge bills and with other revenue accounting functions 
not covered in Sec. 36.379. Included in this classification are the 
expenses incurred in the preparation of monthly bills, initial and final 
bills, the application of service orders to billing records 
(establishing, changing, or discontinuing customers' accounts), station 
statistical work, controlling record work and the preparation of revenue 
reports.
    (b) Local exchange carriers that bill or collect from end users on 
behalf of interexchange carriers shall allocate one third of the 
expenses assigned this classification to the interstate jurisdiction, 
and two thirds of the expenses assigned this classification to the state 
jurisdiction.

[[Page 514]]

    (c) Local exchange carriers that do not bill or collect from end 
users on behalf of interexchange carriers shall allocate five percent of 
the expenses assigned this classification to the interstate 
jurisdiction, and ninety-five percent of the expenses assigned this 
classification to the state jurisdiction.

[53 FR 33011, Aug. 29, 1988, as amended at 62 FR 15416, Apr. 1, 1997]



Sec. 36.381  Carrier access charge billing and collecting expense.

    (a) This classification includes the revenue accounting functions 
associated with the billing and collecting of access charges to 
interexchange carriers.
    (b) Of access charges other than end user common line access charges 
are assessed for the origination or termination of intrastate services 
in a particular state, one-half of such expense shall be apportioned to 
interstate operations. If no such access charges are assessed in a 
particular state, all such expense shall be assigned to interstate 
operations.



Sec. 36.382  Category 3--All other customer services expense.

    Category 3 is apportioned on the basis of categories 1 and 2.

                      Corporate Operations Expense



Sec. 36.391  General.

    (a) Corporate Operations Expenses are included in the following 
accounts:

Executive and Planning......................................Account 6710
General and Administrative..................................Account 6720



Sec. 36.392  Executive and planning--Account 6710, and general and administrative--Account 6720.

    (a) These expenses are divided into two categories:
    (1) Extended Area Services (EAS).
    (2) All other.
    (b) Extended Area Services (EAS) settlements are directly assigned 
to the exchange operation.
    (c) The expenses in these accounts are apportioned among the 
operations on the basis of the separation of the cost of the combined 
Big Three Expenses which include the following accounts:

                         Plant Specific Expenses

6210  Central Office Switching Expenses
6220  Operators Systems Expenses
6230  Central Office Transmission Expenses
6310  Information Origination/Termination Expenses
6410  Cable and Wire Facilities Expense

                       Plant Non-Specific Expenses

6530  Network Operations Expenses

                      Customer Operations Expenses

6610  Marketing
6620  Services

                             Operating Taxes



Sec. 36.411  Operating taxes--Account 7200.

    (a) This account includes the taxes arising from the operations of 
the company, i.e.,

Operating Investment Tax Credits
Operating Federal Income Taxes
Operating State and Local Income Taxes
Operating Other Taxes
Provision for Deferred Operating Income Taxes



Sec. 36.412  Apportionment procedures.

    (a) For apportionment purposes, the expenses in this account are 
segregated into two groups as follows: (1) Operating Federal, State and 
local income taxes and (2) all other operating taxes.
    (b) Operating Federal, State and local income taxes are apportioned 
among the operations on the basis of the approximate net taxable income 
(positive or negative) applicable to each of the operations. The 
approximate net taxable income from each of the operations is the 
summation of the following amounts apportioned to each operation by 
means of the procedures set forth in this Manual:
    (1) Operating revenues,
    (2) Less operating expenses,
    (3) Less operating taxes except the net income tax being apportioned 
and except any other tax not treated as a deductible item in the 
determination of taxable net income for this purpose.
    (4) Less operating fixed charges.
    (i) The amount of fixed charges attributable to the operations is 
obtained by subtracting the tax component (positive or negative) 
attributable to other than the operating fixed charges,

[[Page 515]]

i.e., fixed charges on non-operating investments are that proportion of 
total fixed charges which non-operating net investments are of total 
operating and non-operating net investments.
    (ii) Operating fixed charges including interest on Rural Telephone 
Bank Stock are apportioned among the operations on the basis of the 
separation of the cost of telephone plant less appropriate reserves.
    (c) Other operating taxes should be directly assigned to the 
appropriate jurisdiction where possible, e.g., Local Gross Receipts may 
be directly identified as applicable to one jurisdiction. Where direct 
assignment is not feasible, these expenses should be apportioned among 
the operations on the basis of the separation of the cost of 
Telecommunications Plant in Service--Account 2001.

                          Equal Access Expenses



Sec. 36.421  Equal access expenses.

    (a) Equal access expenses include only initial incremental pre-
subscription costs and other initial incremental expenditures related 
directly to the provision of equal access, that would not be required to 
upgrade the capabilities of the office involved absent the provision of 
equal access. Equal access expenses are limited to such expenditures for 
converting central offices that serve competitive interexchange carriers 
or where there has been a bona fide request for conversion to equal 
access.
    (b) Equal access expenses are apportioned between the jurisdictions 
by first segregating them from all other expenses in the primary 
accounts and then allocating them on the same basis as equal access 
investment.



                    Subpart E--Reserves and Deferrals



Sec. 36.501  General.

    (a) For separations purposes, reserves and deferrals include the 
following accounts:

Other Jurisdictional Assets--Net........  Account 1500
Accumulated Depreciation................  Account 3100
Accumulated Depreciation--Property Held   Account 3200
 for Future Telecommunications Use.
Accumulated Amortization--Tangible......  Account 3400
Accumulated Amortization--Intangible....  Account 3500
Accumulated Amortization--Other.........  Account 3600
Net Current Deferred Operating Income     Account 4100
 Taxes.
Net Noncurrent Deferred Operating Income  Account 4340
 Taxes.
Other Jurisdictional Liabilities and      Account 4370
 Deferred Credits--Net.
 



Sec. 36.502  Other jurisdictional assets--Net--Account 1500.

    (a) Amounts in this account are separated based upon analysis of the 
specific items involved.



Sec. 36.503  Accumulated depreciation--Account 3100.

    (a) Amounts recorded in this account shall be separated on the basis 
of the separation of the associated primary Plant Accounts or related 
categories, excluding amortizable assets.



Sec. 36.504  Accumulated depreciation--Property held for future telecommunications use--Account 3200.

    (a) Amounts in this account are apportioned among the operations on 
the basis of the separation of the costs of the related items carried in 
Account 2002--Property Held for Future Telecommunications Use.



Sec. 36.505  Accumulated amortization--Tangible--Account 3400. Accumulated amortization--Intangible--Account 3500, and accumulated amortization--Other--Account 
          3600.

    (a) Amounts in these accounts are apportioned among the operations 
on the basis of the separation of the related accounts.



Sec. 36.506  Net current deferred operating income taxes--Account 4100, Net noncurrent deferred operating income taxes--Account 4340.

    (a) Amounts in these accounts are maintained by plant account and 
are apportioned among the operations on the basis of the separations of 
the related plant accounts.

[[Page 516]]



Sec. 36.507  Other jurisdictional liabilities and deferred credits--Net--Account 4370.

    (a) Amounts in this account are separated based upon an analysis of 
the specific items involved.



                    Subpart F--Universal Service Fund

                                 General



Sec. 36.601  General.

    (a) The term Universal Service Fund in this subpart refers only to 
the support for loop-related costs included in Sec. 36.621. The term 
Universal Service in part 54 of this chapter refers to the comprehensive 
discussion of the Commission's rules implementing section 254 of the 
Communications Act of 1934, as amended, 47 U.S.C. 254, which addresses 
universal service support for rural, insular, and high cost areas, low-
income consumers, schools and libraries, and heath care providers. The 
expense adjustment calculated pursuant to this subpart F shall be added 
to interstate expenses and deducted from state expenses after expenses 
and taxes have been apportioned pursuant to subpart D of this part. 
Beginning January 1, 1998, the expense adjustment calculated pursuant to 
this subpart will be administered and funded through the new universal 
service system discussed in part 54 of this chapter.
    (b) The expense adjustment will be computed on the basis of data for 
a preceding calendar year which may be updated at the option of the 
carrier pursuant to Sec. 36.612(a).
    (c) The annual amount of the total nationwide loop cost expense 
adjustment calculated pursuant to this subpart F shall not exceed the 
amount of the total loop cost expense adjustment for the immediately 
preceding calendar year, increased by a rate equal to the rate of 
increase in the total number of working loops during the calendar year 
preceding the July 31st filing. The total loop cost expense adjustment 
shall consist of the loop cost expense adjustments, including amounts 
calculated pursuant to Secs. 36.612(a) and 36.631. The rate of increase 
in total working loops shall be based upon the difference between the 
number of total working loops on December 31 of the calendar year 
preceding the July 31st filing and the number of total working loops on 
December 31 of the second calendar year preceding that filing, both 
determined by the company's submission pursuant to Sec. 36.611. 
Beginning January 1, 1999, non-rural carriers shall no longer receive 
support pursuant to this subpart F. Beginning January 1, 1999, the total 
loop cost expense adjustment shall not exceed the total amount of the 
loop cost expense adjustment provided to rural carriers for the 
immediately preceding calendar year, adjusted to reflect the rate of 
change in the total number of working loops of rural carriers during the 
calendar year preceding the July filing. In addition, effective on 
January 1 of each year, beginning January 1, 1999, the maximum annual 
amount of the total loop cost expense adjustment for rural carriers must 
be further increased or decreased to reflect:
    (1) The addition of lines served by carriers that were classified as 
non-rural in the prior year but which, in the current year, meet the 
definition of ``rural telephone company;'' and
    (2) The deletion of lines served by carriers that were classified as 
rural in the prior year but which, in the current year, no longer meet 
the definition of ``rural telephone company.'' A rural carrier is 
defined as a carrier that meets the definition of a ``rural telephone 
company'' in Sec. 51.5 of this chapter. Limitations imposed by this 
paragraph shall apply only to amounts calculated pursuant to this 
subpart F.

[52 FR 17229, May 6, 1987, as amended at 56 FR 27422, June 14, 1991; 58 
FR 69242, Dec. 30, 1993; 61 FR 34376, July 2, 1996; 62 FR 32947, June 
17, 1997; 62 FR 40748, July 30, 1997; 63 FR 2124, Jan. 13, 1998]

                             Data Collection



Sec. 36.611  Submission of information to the National Exchange Carrier Association (NECA).

    In order to allow determination of the study areas that are entitled 
to an expense adjustment, each incumbent local exchange carrier (ILEC) 
must provide the National Exchange Carrier Association (NECA) 
(established pursuant to part 69 of this chapter) with the information 
listed below for each of its study areas. This information is to be

[[Page 517]]

filed with the Association by July 31st of each year. The information 
filed on July 31st of each year will be used in the jurisdictional 
allocations underlying the cost support data for the access charge 
tariffs to be filed the following October. An incumbent local exchange 
carrier is defined as a carrier that meets the definition of an 
``incumbent local exchange carrier'' in Sec. 51.5 of this chapter.
    (a) Unseparated, i.e., state and interstate, gross plant investment 
in Exchange Line Cable and Wire Facilities (C&WF) Subcategory 1.3 and 
Exchange Line Central Office (CO) Circuit Equipment Category 4.13. This 
amount shall be calculated as of December 31st of the calendar year 
preceding each July 31st filing.
    (b) Unseparated accumulated depreciation and noncurrent deferred 
federal income taxes, attributable to Exchange Line C&WF Subcategory 1.3 
investment, and Exchange Line CO Circuit Equipment Category 4.13 
investment. These amounts shall be calculated as of December 31st of the 
calendar year preceding each July 31st filing, and shall be stated 
separately.
    (c) Unseparated depreciation expense attributable to Exchange Line 
C&WF Subcategory 1.3 investment, and Exchange Line CO Circuit Equipment 
Category 4.13 investment. This amount shall be the actual depreciation 
expense for the calendar year preceding each July 31st filing.
    (d) Unseparated maintenance expense attributable to Exchange Line 
C&WF Subcategory 1.3 investment and Exchange Line CO Circuit Equipment 
Category 4.113 investment. This amount shall be the actual repair 
expense for the calendar year preceding each July 31st filing.
    (e) Unseparated corporate operations expenses, operating taxes, and 
the benefits and rent proportions of operating expenses. The amount for 
each of these categories of expense shall be the actual amount for that 
expense for the calendar year preceding each July 31st filing. The 
amount for each category of expense listed shall be stated separately.
    (f) Unseparated gross telecommunications plant investment. This 
amount shall be calculated as of December 31st of the calendar year 
preceding each July 31st filing.
    (g) Unseparated accumulated depreciation and noncurrent deferred 
federal income taxes attributable to local unseparated 
telecommunications plant investment. This amount shall be calculated as 
of December 31st of the calendar year preceding each July 31st filing.
    (h) The number of working loops for each study area. For universal 
service support purposes, working loops are defined as the number of 
working Exchange Line C&WF loops used jointly for exchange and message 
telecommunications service, including C&WF subscriber lines associated 
with pay telephones in C&WF Category 1, but excluding WATS closed end 
access and TWX service. This figure shall be calculated as of December 
31st of the calendar year preceding each July 31st filing.

[62 FR 32947, June 17, 1997]



Sec. 36.612  Updating information submitted to the National Exchange Carrier Association.

    (a) Any telecommunications company may update the information 
submitted to the National Exchange Carrier Association pursuant to 
Sec. 36.611 (a) through (h) one or more times annually on a rolling year 
basis. Carriers wishing to update the preceding calendar year data filed 
July 31st may:
    (1) Submit date covering the last nine months of the previous 
calendar year and the first three months of the existing calendar year 
no later than September 30th of that year;
    (2) Submit data on the last six months of the previous calendar year 
and the first six months of the existing year no later than December 
30th of the existing year; and/or
    (3) Submit data on the last three months of the second preceding 
calendar year and the first nine months of the preceding calendar year 
no later than March 30th of the existing year.
    (b) [Reserved]

[52 FR 17229, May 6, 1987, as amended at 62 FR 32947, June 17, 1997; 63 
FR 2124, Jan. 13, 1998]

[[Page 518]]



Sec. 36.613  Submission of information by the National Exchange Carrier Association.

    (a) On October 1 of each year, the National Exchange Carrier 
Association shall file with the Commission and Administrator the 
information listed below. Information filed with the Commission shall be 
compiled from information provided to the Association by telephone 
companies pursuant to Sec. 36.611.
    (1) The unseparated loop cost for each study area and a nationwide-
average unseparated loop cost.
    (2) The annual amount of the high cost expense adjustment for each 
study area, and the total nationwide amount of the expense adjustment.
    (3) The dollar amount and percentage of the increase in the 
nationwide average unseparated loop cost, as well as the dollar amount 
and percentage increase for each study area, for the previous 5 years, 
or the number of years NECA has been receiving information under 
Sec. 36.611, whichever is the shorter time period.
    (b) [Reserved]

[52 FR 17229, May 6, 1997, as amended at 62 FR 32948, June 17, 1997; 63 
FR 2124, Jan. 13, 1998]

            Calculation of Loop Costs for Expense Adjustment



Sec. 36.621  Study area total unseparated loop cost.

    (a) For the purpose of calculating the expense adjustment, the study 
area total unseparated loop cost equals the sum of the following:
    (1) Return component for net unseparated Exchange Line C&WF 
subcategory 1.3 investment and Exchange Line CO Circuit Equipment 
Category 4.13 investment. This amount is calculated by deducting the 
accumulated depreciation and noncurrent deferred Federal income taxes 
attributable to C&WF subcategory 1.3 investment and Exchange Line 
Category 4.13 circuit investment reported pursuant to Sec. 36.611(b) 
from the gross investment in Exchange Line C&WF subcategory 1.3 and CO 
Category 4.13 reported pursuant to Sec. 36.611(a) to obtain the net 
unseparated C&WF subcategory 1.3 investment, and CO Category 4.13 
investment. The net unseparated C&WF subcategory 1.3 investment and CO 
Category 4.13investment is multiplied by the study area's authorized 
interstate rate of return.
    (2) Depreciation expense attributable to C&WF subcategory 1.3 
investment, and CO Category 4.13 investment as reported in 
Sec. 36.611(c).
    (3) Maintenance expense attributable to C&WF subcategory 1.3 
investment, and CO Category 4.13 investment as reported in 
Sec. 36.611(d).
    (4) Corporate Operations Expenses, Operating Taxes and the benefits 
and rent portions of operating expenses, as reported in Sec. 36.611(e) 
attributable to investment in C&WF Category 1.3 and COE Category 4.13. 
This amount is calculated by multiplying the total amount of these 
expenses and taxes by the ratio of the unseparated gross exchange plant 
investment in C&WF Category 1.3 and COE Category 4.13, as reported in 
Sec. 36.611(a), to the unseparated gross telecommunications plant 
investment, as reported in Sec. 36.611(f). Total Corporate Operations 
Expense, for purposes of calculating universal service support payments 
beginning January 1, 1998, shall be limited to the lesser of:
    (i) The actual average monthly per-line Corporate Operations 
Expense; or
    (ii) A per-line amount computed according to paragraphs 
(a)(4)(ii)(A), (a)(4)(ii)(B), and (a)(4)(ii)(C) of this section. To the 
extent that some carriers' corporate operations expenses are disallowed 
pursuant to these limitations, the national average unseparated cost per 
loop shall be adjusted accordingly.
    (A) For study areas with 6,000 or fewer working loops the amount per 
working loop shall be $31.188-(.0023  x  the number of working loops), 
or, $25,000the number of working loops, whichever is greater;
    (B) for study areas with more than 6,000 but fewer than 18,006 
working loops, the amount per working loop shall be $3.588 + 
(82,827.60the number of working loops); and
    (C) for study areas with 18,006 or more working loops, the amount 
per working loop shall be $8.188.

[[Page 519]]

    (b) [Reserved]

[52 FR 17229, May 6, 1987, as amended at 56 FR 27422, June 14, 1991; 62 
FR 32948, June 17, 1997; 62 FR 40748, July 30, 1997; 63 FR 2124, Jan. 
13, 1998]



Sec. 36.622  National and study area average unseparated loop costs.

    (a) National Average Unseparated Loop Cost per Working Loop. Except 
as provided in paragraph (c) of this section, this is equal to the sum 
of the Loop Costs for each study area in the country as calculated 
pursuant to Sec. 36.621(a) divided by the sum of the working loops 
reported in Sec. 36.611(h) for each study area in the country. The 
national average unseparated loop cost per working loop shall be 
calculated by the National Exchange Carrier Association.
    (1) The National Average Unseparated Loop Cost per Working Loop 
shall be recalculated by the National Exchange Carrier Association to 
reflect the optional September, December and March update filings.
    (2) Each new nationwide average shall be used in determining the 
additional interstate expense allocation for companies which made 
filings by the most recent filing date.
    (3) The calculation of a new national average to reflect the update 
filings shall not affect the amount of the additional interstate expense 
allocation for companies which did not make an update filing by the most 
recent filing date.
    (b) Study Area Average Unseparated Loop Cost per Working Loop. This 
is equal to the unseparated loop costs for the study area as calculated 
pursuant to Sec. 36.621(a) divided by the number of working loops 
reported in Sec. 36.611(h) for the study area.
    (1) If a company elects to update the data which it has filed with 
the National Exchange Carrier Association as provided in Sec. 36.612(a), 
the study area average unseparated loop cost per working loop and the 
amount of its additional interstate expense allocation shall be 
recalculated to reflect the updated data.
    (2) [Reserved]
    (c) The National Average Unseparated Loop Cost per Working Loop 
shall be the greater of:
    (1) The amount calculated pursuant to the method described in 
paragraph (a) of this section; or
    (2) An amount calculated to produce the maximum total Universal 
Service Fund allowable pursuant to Sec. 36.601(c).
    (d) Beginning January 1, 2000, the National Average Unseparated Loop 
Cost per Working Loop shall be the greater of:
    (1) The 1997 national-average unseparated loop cost per working loop 
plus an annual inflation adjustment. The annual inflation adjustment 
shall be based on the Gross Domestic Product Chained Price Index (GDP-
CPI) of the year which the loop costs are reported pursuant to 
Sec. 36.611. As an example, the inflation-adjusted nationwide average 
loop cost for the year 2000 shall be calculated in the following manner:

1998 GDP-CPI  1997 GDP-CPI  x  1997 nationwide average loop cost 
= 2000 inflation-adjusted nationwide average loop cost; or

    (2) An amount calculated to produce the maximum total Universal 
Service Fund allowable pursuant to Sec. 36.601(c).

[52 FR 17229, May 6, 1987, as amended at 56 FR 27422, June 14, 1991; 58 
FR 69242, Dec. 30, 1993; 60 FR 65012, Dec. 15, 1995; 61 FR 34377, July 
2, 1996; 62 FR 32948, June 17, 1997; 63 FR 2125, Jan. 13, 1998]

    Calculation of Expense Adjustment--Additional Interstate Expense 
                               Allocation



Sec. 36.631  Expense adjustment.

    (a) Until December 31, 1997, for study areas reporting 50,000 or 
fewer working loops pursuant to Sec. 36.611(h), the expense adjustment 
(additional interstate expense allocation) is equal to the sum of the 
following:
    (1) Fifty percent of the study area average unseparated loop cost 
per working loop as calculated pursuant to Sec. 36.622(b) in excess of 
115 percent of the national average for this cost but not greater than 
150 percent of the national average for this cost as calculated pursuant 
to Sec. 36.622(a) multiplied by the number of working loops reported in 
Sec. 36.611(h) for the study area; and
    (2) Seventy-five percent of the study area unseparated loop cost per 
working loop as calculated pursuant to Sec. 36.622(b) in excess of 150 
percent of the

[[Page 520]]

national average for this cost as calculated pursuant to Sec. 36.622(a) 
multiplied by the number of working loops reported in Sec. 36.611(h) for 
the study area.
    (b) Until December 31, 1987, for study areas reporting more than 
50,000 working loops pursuant to Sec. 36.611(h), the expense adjustment 
(additional interstate expense allocation) is equal to the sum of the 
following:
    (1) Twenty-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in excess 
of 115 percent of the national average for this cost but not greater 
than 150 percent of the national average for this cost as calculated 
pursuant to Sec. 36.622(a) multiplied by the number of working loops 
reported in Sec. 36.611(h) for the study area; and
    (2) The amount calculated pursuant to Sec. 36.631(a)(2).
    (c) Beginning January 1, 1988, for study areas reporting 200,000 or 
fewer working loops pursuant to Sec. 36.611(h), the expense adjustment 
(additional interstate expense allocation) is equal to the sum of the 
following:
    (1) Sixty-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in excess 
of 115 percent of the national average for this cost but not greater 
than 150 percent of the national average for this cost as calculated 
pursuant to Sec. 36.622(a) multiplied by the number of working loops 
reported in Sec. 36.611(h) for the study area; and
    (2) Seventy-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in excess 
of 150 percent of the national average for this cost as calculated 
pursuant to Sec. 36.622(a) multiplied by the number of working loops 
reported in Sec. 36.611(h) for the study area.
    (d) Beginning January 1, 1988, for study areas reporting more than 
200,000 working loops pursuant to Sec. 36.611(h), the expense adjustment 
(additional interstate expense allocation) is equal to the sum of the 
following:
    (1) Ten percent of the study area average unseparated loop cost per 
working loop cost per working loop as calculated pursuant to 
Sec. 36.622(b) in excess of 115 percent of the national average for this 
cost but not greater than 160 percent of the national average for this 
cost as calculated pursuant to Sec. 36.622(a) multiplied by the number 
of working loops reported in Sec. 36.611(h) for the study area;
    (2) Thirty percent of the study area average unseparated loop cost 
per working loop as calculated pursuant to Sec. 36.622(b) in excess of 
160 percent of the national average for this cost but not greater than 
200 percent of the national average for this cost as calculated pursuant 
to Sec. 36.622(a) multiplied by the number of working loops reported in 
Sec. 36.611(h) for the study area;
    (3) Sixty percent of the study area average unseparated loop cost 
per working loop as calculated pursuant to Sec. 36.622(b) in excess of 
200 percent of the national average for this cost but not greater than 
250 percent of the national average for this cost as calculated pursuant 
to Sec. 36.622(a) multiplied by the number of working loops reported in 
Sec. 36.611(h) for the study area; and
    (4) Seventy-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in excess 
of 250 percent of the national average for this cost as calculated 
pursuant to Sec. 36.622(a) multiplied by the number of working loops 
reported in Sec. 36.611(h) for the study area.
    (e) Beginning April 1, 1989, the expense adjustment calculated 
pursuant to Sec. 36.631 (c) and (d) shall be adjusted each year to 
reflect changes in the size of the Universal Service Fund resulting from 
adjustments calculated pursuant to Sec. 36.612(a) made during the 
previous year. If the resulting amount exceeds the previous year's fund 
size, the difference will be added to the amount calculated pursuant to 
Sec. 36.631 (c) and (d) for the following year. If the adjustments made 
during the previous year result in a decrease in the size of the funding 
requirement, the difference will be subtracted from the amount 
calculated pursuant to Sec. 36.631 (c) and (d) for the following year.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33011 and 33012, Aug. 29, 
1988; 63 FR 2125, Jan. 13, 1998]

[[Page 521]]

                     Transitional Expense Adjustment



Sec. 36.641  Transition.

    (a) The expense adjustment for 1993 and subsequent years shall be 
the amount computed in accordance with Sec. 36.631.
    (b) The expense adjustments for 1988 through 1992 shall be as 
follows:
    (1) Three-eighths of the amount computed in accordance with 
Sec. 36.631 in 1988;
    (2) One-half of the amount computed in accordance with Sec. 36.631 
in 1989;
    (3) Five-eighths of the amount computed in accordance with 
Sec. 36.631 in 1990;
    (4) Three-quarters of the amount computed in accordance with 
Sec. 36.631 in 1991; and
    (5) Seven-eighths of the amount computed in accordance with 
Sec. 36.631 in 1992.



      Subpart G--Lifeline Connection Assistance Expense Allocation



Sec. 36.701  General.

    (a) The Lifeline Connection Assistance Expense portion of the 
interstate apportionment shall consist of an expense adjustment computed 
in accordance with this subpart. The expense adjustment will be added to 
interstate expenses and deducted from state expenses for eligible study 
areas as defined in this subpart after all other steps required by this 
part have been completed.
    (b) The expense adjustment will be computed as provided in 
Sec. 36.741.
    (c) This subpart shall be effective through December 31, 1997. On 
January 1, 1998, Lifeline Connection Assistance shall be provided in 
accordance with part 54, subpart E of this chapter.

[52 FR 17229, May 6, 1987, as amended at 62 FR 32948, June 17, 1997]

                               Definitions



Sec. 36.711  Lifeline connection assistance.

    (a) For purposes of this subpart, Lifeline Connection Assistance 
shall describe the following lifeline telephone assistance for eligible 
residential subscribers as defined in Sec. 36.711 (b) and (c):
    (1) A reduction in the charges for commencing telephone service 
assessed for a single telephone line per household at the principal 
place of residence; and/or
    (2) A deferred schedule for payment of the charges assessed for 
commencing service, for which the telephone company does not charge 
interest.
    (b) In order to be eligible for assistance when income is verified, 
a residential subscriber must:
    (1) Meet the requirements of a state established income test; and
    (2) Not be a dependent for federal income tax purposes as defined in 
26 U.S.C. Section 152 (1986) unless the subscriber is more than 60 years 
of age.
    (c) In order to be eligible for assistance when income is not 
verified, a residential subscriber must meet the eligibility criteria in 
Sec. 36.711 (b)(1) and (b)(2) and:
    (1) Have lived at an address where there has been no telephone 
service for at least three months immediately prior to the date that the 
assistance described in Sec. 36.711 (a)(1) and/or (a)(2) is requested 
from the telephone company; and
    (2) Not have received assistance pursuant to Sec. 36.711 (a)(1) and/
or (a)(2) within the last two years, with receipt of such assistance to 
be measured from the date of initiation of the telephone service for 
which assistance was provided.
    (d) Charges assessed for commencing service include any state 
tariffed charges levied for connecting a subscriber to the network. 
These charges do not include security deposit requirements.

[52 FR 17229, May 6, 1987, as amended at 54 FR 16111, Apr. 21, 1989]

                      Telephone Company Eligibility



Sec. 36.721  Telephone company eligibility for lifeline connection assistance expense allocation.

    (a) In order to be entitled to the additional interstate expense 
adjustment described in this subpart a telephone company:
    (1) Must provide Lifeline Connection Assistance as defined in 
Sec. 36.711 (a)(1) and/or (a)(2) to eligible subscribers as defined in 
Sec. 36.711 (b) or (c);

[[Page 522]]

    (2) Shall verify that subscribers meet the eligibility criteria set 
out in Sec. 36.711(b) or (c) provided that:
    (i) Verification of subscriber eligibility by designated State 
officials may be substituted for verification by the telephone company;
    (ii) If the eligibility criterion in Sec. 36.711(b)(1) is verified, 
then the criteria in Sec. 36.711(c) shall not apply;
    (iii) If the eligibility criterion in Sec. 36.711(b)(1) is self-
certified, then the eligibility criteria in Sec. 36.711(c)(1) and (c)(2) 
shall apply and must be verified;
    (iv) In all cases, the eligibility criterion in Sec. 36.711(b)(2) 
may be self-certified.
    (3) Shall file information with the Commission Secretary 
demonstrating that it is eligible for the additional interstate expense 
adjustment.
    (4) Shall file information with the Commission Secretary 
demonstrating that it is eligible for the additional interstate expense 
adjustment.
    (b) The additional interstate expense adjustment shall be effective 
as soon as the Commission certifies that the State or local telephone 
company is eligible for the additional interstate expense adjustment, 
the local exchange company files the data required by Sec. 36.731 with 
the National Exchange Carrier Association, and the relevant tariff 
provisions become effective.

[52 FR 17229, May 6, 1987, as amended at 54 FR 16111, Apr. 21, 1989]

                             Data Collection



Sec. 36.731  Submission of information to the National Exchange Carrier Association.

    (a) In order to allow calculation of the lifeline expense adjustment 
each local telephone company wishing to receive the additional 
interstate expense allocation provided for in this subpart shall provide 
the National Exchange Carrier Association established pursuant to Part 
69 of the Commission's rules with the information listed below for each 
of its study areas. The information for the succeeding calendar year is 
to be filed with the Association on June 30th of each year after 
certification of the plan by the Commission pursuant to Sec. 36.721(b). 
The information filed on June 30th of each year will be used in the 
jurisidictional allocations underlying the cost support data for the 
access tariffs to be filed the following October.
    (1) An estimate of the number of eligible households which will 
receive the lifeline assistance described in Sec. 36.711(a)(1) pursuant 
to a lifeline assistance program which has received Commission 
certification.
    (2) An estimate of the average discount on service commencement 
charges to be provided to each subscriber, not to exceed 50 percent of 
the charges for commencement of the same service applicable to non-
lifeline customers or $30.00, whichever is less;
    (3) An estimate of the number of eligible subscribers which will 
receive the lifeline assistance described in Sec. 36.711(a)(2).
    (4) An estimate of the average deferred interest cost for each 
subscriber, Provided That:
    (i) The deferred amount on which the cost of interest shall be 
calculated is not to exceed $200.00; and
    (ii) Interest shall be applied only to amounts actually outstanding, 
at the rate for 10-year Treasury Bills on January 1 of each year, with 
the interest rate adjusted only with each filing.
    (b) In the event that this additional interstate expense allocation 
is to be in effect for a given study area for less than a full calendar 
year, the carrier is to submit the information described in 
Sec. 36.731(a) (1) through (4) adjusted to reflect the number of 
subscribers and the relevant costs for the portion of the year during 
which this expense adjustment will be in effect as part of its 
Sec. 36.721(a)(4) submission to the Commission. These data shall be 
filed with NECA at the same time they are filed with the Commission.

    Calculation of Lifeline Connection Assistance Expense Adjustment



Sec. 36.741  Expense adjustment.

    (a) The additional interstate expense allocation shall be calculated 
by adding the following:
    (1) The number of households provided pursuant to Sec. 36.731(a)(1) 
times the dollar amount provided pursuant to Sec. 36.731(a)(2); and

[[Page 523]]

    (2) The number of households provided pursuant to Sec. 36.731(a)(3) 
times the dollar amount provided pursuant to Sec. 36.731(a)(4).
    (b) The expense adjustment calculated pursuant to Sec. 36.741(a) 
shall be adjusted each year to reflect the actual number of lifeline 
recipients and the actual dollar amount of the benefits provided to them 
in the previous year. If the actual benefits provided in a given 
calendar year exceed the estimated benefits for that year calculated 
pursuant to Sec. 36.741(a), this difference shall be added to the amount 
calculated pursuant to Sec. 36.741(a) for the following year. If the 
actual benefits provided in a given year are less than the estimated 
amount for that year calculated pursuant to Sec. 36.741(a), this 
difference shall be subtracted from the amount calculated pursuant to 
Sec. 36.741(a) for the following year.
    (c) The expense adjustment calculated pursuant to Sec. 36.741 (a) 
and (b) shall be subtracted from total intrastate expenses and added to 
total interstate expenses.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

                           Appendix--Glossary

    The descriptions of terms in this glossary are broad and have been 
prepared to assist in understanding the use of such terms in the 
separation procedures. Terms which are defined in the text of this part 
are not included in this glossary.

                               Access Line

    A communications facility extending from a customer's premises to a 
serving central office comprising a subscriber line and, if necessary, a 
trunk facility, e.g., a WATS access line, TWX access line.

                                Book Cost

    The cost of property as recorded on the books of a company.

                            Cable Fill Factor

    The ratio of cable conductor or cable pair kilometers in use to 
total cable conductor or cable pair kilometers available in the plant, 
e.g., the ratio of revenue producing cable pair kilometers in use to 
total cable pair kilometers in plant.

                                Category

    A grouping of items of property or expense to facilitate the 
apportionment of their costs among the operations and to which, 
ordinarily, a common measure of use is applicable.

                             Central Office

    A switching unit, in a telephone system which provides service to 
the general public, having the necessary equipment and operations 
arrangements for terminating and interconnecting subscriber lines and 
trunks or trunks only. There may be more than one central office in a 
building.

                                 Channel

    An electrical path suitable for the transmission of communications 
between two or more points, ordinarily between two or more stations or 
between channel terminations in Telecommunication Company central 
offices. A channel may be furnished by wire, fiberoptics, radio or a 
combination thereof.

                                 Circuit

    A fully operative communications path established in the normal 
circuit layout and currently used for message, WATS access, TWX, or 
private line services.

                           Circuit Kilometers

    The route kilometers or revenue producing circuits in service, 
determined by measuring the length in terms of kilometers, of the actual 
path followed by the transmission medium.

                    Common Channel Network Signaling

    Channels between switching offices used to transmit signaling 
information independent of the subscribers' communication paths or 
transmission channels.

                          Complement (of cable)

    A group of conductors of the same general type (e.g., quadded, 
paired) within a single cable sheath.

                                 Complex

    All groups of operator positions, wherever located, associated with 
the same call distribution and/or stored program control unit.

                        Concentrating Unit (TWX)

    An arrangement of central office equipment wherein traffic over a 
number of TWX circuits is automatically concentrated onto a lesser 
number of circuits between the concentrating unit and its associated TWX 
switching office.

                         Concentration Equipment

    Central office equipment whose function is to concentrate traffic 
from subscriber lines onto a lesser number of circuits between the 
remotely located concentration equipment and the serving central office 
concentration

[[Page 524]]

equipment. This concentration equipment is connected to the serving 
central office line equipment.

                           Connection--Minute

    The product of (a) the number of messages and, (b) the average 
minutes of connection per message.

                          Conversation--Minute

    The product of (a) the number of messages and, (b) the average 
minutes of conversation per message.

                     Conversation-Minute-Kilometers

    The product of (a) the number of messages, (b) the average minutes 
of conversation per message and (c) the average route kilometers of 
circuits involved.

                                  Cost

    The cost of property owned by the Telephone Company whose property 
is to be apportioned among the operations. This term applies either to 
property costs recorded on the books of the company or property costs 
determined by other evaluation methods.

                             Current Billing

    The combined amount of charges billed, excluding arrears.

                     Customer Dialed Charge Traffic

    Traffic which is both (a) handled to completion through pulses 
generated by the customer and (b) for which either a message unit 
change, bulk charge or message toll charge is except for that traffic 
recorded by means of message registers.

                       Customer Premises Equipment

    Items of telecommunications terminal equipment in Accounts 2310 
referred to as CPE in Sec. 64.702 of the Federal Communication 
Commission's Rules adopted in the Second Computer Inquiry such as 
telephone instruments, data sets, dialers and other supplemental 
equipment, and PBX's which are provided by common carriers and located 
on customer premises and inventory included in these accounts to be used 
for such purposes. Excluded from this classification are similar items 
of equipment located on telephone company premises and used by the 
company in the normal course of business as well as over voltage 
protection equipment, customer premises wiring, coin operated public or 
pay telephones, multiplexing equipment to deliver multiple channels to 
the customer, mobile radio equipment and transmit earth stations.

                         Customer Premises Wire

    The segment of wiring from the customer's side of the protector to 
the customer premises equipment.

                                DSA Board

    A local dial office switchboard at which are handled assistance 
calls, intercepted calls and calls from miscellaneous lines and trunks. 
It may also be employed for handling certain toll calls.

                                DSB Board

    A switchboard of a dial system for completing incoming calls 
received from manual offices.

                        Data Processing Equipment

    Office equipment such as that using punched cards, punched tape, 
magnetic or other comparable storage media as an operating vehicle for 
recording and processing information. Includes mechines for transcribing 
raw data into punched cards, etc., but does not include such items as 
key-operated, manually or electrically driven adding, calculating, 
bookkeeping or billing machines, typewriters or similar equipment.

                        Dial Switching Equipment

    Switching equipment actuated by electrical impulses generated by a 
dial or key pulsing arrangement.

                           Equal Access Costs

    Include only initial incremental presubscription costs and initial 
incremental expenditures for hardware and software related directly to 
the provision of equal access which would not be required to upgrade the 
switching capabilities of the office involved absent the provisions of 
equal access.

                            Equivalent Gauge

    A standard cross section of cable conductors for use in equating the 
metallic content of cable conductors of all gauge to a common base.

                    Equivalent Kilometers of 104 Wire

    The basic units employed in the allocation of pole lines costs for 
determining the relative use made of poles by aerial cables and by 
aerial wire conductors of various sizes. This unit reflects the relative 
loads of such cable and wire carried on poles.

                       Equivalent Pair Kilometers

    The product of sheath Kilometers and the number of equivalent gauge 
pairs of conductors in a cable.

[[Page 525]]

                      Equivalent Sheath Kilometers

    The product of (a) the length of a section of cable in kilometers 
(sheath kilometers) and (b) the ratio of the metallic content applicable 
to a particular group of conductors in the cable (e.g., conductors 
assigned to a category) to the metallic content of all conductors in the 
cable.

                       Exchange Transmission Plant

    This is a combination of (a) exchange cable and wire facilties (b) 
exchange central office circuit equipment, including associated land and 
buildings and (c) information origination/termination equipment which 
forms a complete channel.

                              Holding Time

    The time in which an item of telephone plant is in actual use either 
by a customer or an operator. For example, on a completed telephone 
call, holding time includes conversation time as well as other time in 
use. At local dial offices any measured minutes which result from other 
than customer attempts to place calls (as evidenced by the dialing of at 
least one digit) are not treated as holding time.

                           Host Central Office

    An electronic analog or digital base switching unit containing the 
central call processing functions which service the host office and its 
remote locations.

              Information Origination/Termination Equipment

    Equipment used to input into or receive output from the 
telecommunications network.

                          Interexchange Channel

    A circuit which is included in the interexchange transmission 
equipment.

                  Interexchange Transmission Equipment

    The combination of (a) interexchange cable and wire facilities, (b) 
interexchange circuit equipment and, (c) associated land and buildings.

                            Interlocal Trunk

    A circuit between two local central office units, either manual or 
dial. Interlocal trunks may be used for either exchange or toll traffic 
or both.

                           Intertoll Circuits

    Circuits between toll centers and circuits between a toll center and 
a tandem system in a different toll center area.

                              Local Channel

    The portion of a private line circuit which is included in the 
exchange transmission plant. However, common usage of this term usually 
excludes information origination/termination equipment.

                              Local Office

    A central office serving primarily as a place of termination for 
subscriber lines and for providing telephone service to the subscribers 
on these lines.

                                  Loop

    A pair of wires, or its equivalent, between a customer's station and 
the central office from which the station is served.

                                 Message

    A completed call, i.e., a communication in which a conversation or 
exchange of information took place between the calling and called 
parties.

                 Message Service or Message Toll Service

    Switched service furnished to the general public (as distinguished 
from private line service). Except as otherwise provided, this includes 
exchange switched services and all switched services provided by 
interexchange carriers and completed by a local telephone company's 
access services, e.g., MTS, WATS, Execunet, open-end FX and CCSA/ONALs.

                              Message Units

    Unit of measurement used for charging for measured message telephone 
exchange traffic within a specified area.

                        Metropolitan Service Area

    The area around and including a relatively large city and in which 
substantially all of the message telephone traffic between the city and 
the suburban points within the area is classified as exchange in one or 
both directions.

                             Minutes-of-Use

    A unit of measurement expressed as either holding time or 
conversation time.

                        Minutes-of-Use-Kilometers

    The product of (a) the number of minutes-of-use and (b) the average 
route kilometers of circuits involved.

                          Multi-Center Exchange

    An exchange area in which are located two or more local central 
office buildings or wire centers.

                               Operations

    The term denoting the general classifications of services rendered 
to the public for which separate tariffs are filed, namely exchange, 
state toll and interstate toll.

[[Page 526]]

                             Operator Trunks

    A general term, ordinarily applied to trunks between manually 
operated switchboard positions and local dial central offices in the 
same wire center.

                          Private Line Service

    A service for communications between specified locations for a 
continuous period or for regularly recurring periods at stated hours.

                           Remote Access Line

    An access line (e.g., for WATS or TWX service) between a 
subscriber's premises in one toll rate center and a serving central 
office located in a different toll rate center.

                          Remote Line Location

    A remotely located subscriber line access unit which is normally 
dependent upon the central processor of the host office for call 
processing functions.

                     Remote Trunk Arrangement (RTA)

    Arrangement that permits the extension of TSPS functions to remote 
locations.

                               Reservation

    That amount or quantity of property kept or set apart for a specific 
use.

                                Reserved

    Kept or set apart for a specific use.

                               Separations

    The process by which telecommunication property costs, revenues, 
expenses, taxes and reserves are apportioned among the operations.

                         Service Observing Unit

    A unit of work measurement which is used as the common denominator 
to express the relative time required for handling the various work 
functions at service observing boards.

                            Sheath Kilometers

    The actual length of cable in route kilometers.

                            Special Services

    All services other than message telephones, e.g., teletypewriter 
exchange service (TWX), private line services.

                        Station-to-Station Basis

    The term applied to the basis of toll rate making which contemplates 
that the message toll service charge (telephone or TWX) covers the use 
made of all facilities between the originating station and the 
terminating station, including the stations, and the services rendered 
in connection therewith.

                               Study Area

    Study area boundaries shall be frozen as they are on November 15, 
1984

                    Subscriber Line or Exchange Line

    A communication channel between a telephone station, PBX or TWX 
station and the central office which serves it.

                           Subtributary Office

    A class of tributary office which does not have direct access to its 
toll center, but which is connected to its toll center office by means 
of circuits which are switched through to the toll center at another 
tributary office.

                               Tandem Area

    The general areas served by the local offices having direct trunks 
to or from the tandem office. This area may consist of one or more 
communities or may include only a portion of a relatively large city.

                         Tandem Circuit or Trunk

    A general classification of circuits or trunks between a tandem 
central office unit and any other central office or switchboard.

                            Tandem Connection

    A call switched at a tandem office.

                              Tandem Office

    A central office unit used primarily as an intermediate switching 
point for traffic between local central offices within the tandem area. 
Where qualified by a modifying expression, or other explanation, this 
term may be applied to an office employed for both the interconnection 
of local central offices within the tandem area and for the 
interconnection of these local offices with other central offices, e.g., 
long haul tandem office.

                               Toll Center

    An office (or group of offices) within a city which generally 
handles the originating and incoming toll traffic for that city to or 
from other toll center areas and which handles through switched traffic. 
The toll center normally handles the inward toll traffic for its 
tributary exchanges and, in general, either handles the outward traffic 
originating at its tributaries or serves as the outlet to interexchange 
circuits for outward traffic ticketed and timed at its tributaries. Toll 
centers are listed as such in the Toll Rate and Route Guide.

[[Page 527]]

                            Toll Center Area

    The areas served by a toll center, including the toll center city 
and the communities served by tributaries of the toll center.

                         Toll Center Toll Office

    A toll office (as contrasted to a local office) in a toll center 
city.

                              Toll Circuit

    A general term applied to interexchange trunks used primarily for 
toll traffic.

                          Toll Connecting Trunk

    A general classification of trunks carrying toll traffic and 
ordinarily extending between a local office and a toll office, except 
trunks classified as tributary circuits. Examples of toll connecting 
trunks include toll switching trunks, recording trunks and recording-
completing trunks.

                               Toll Office

    A central office used primarily for supervising and switching toll 
traffic.

                        Traffic Over First Routes

    A term applied to the routing of traffic and denoting routing via 
principal route for traffic between any two points as distinguished from 
alternate routes for such traffic.

                             Operator System

    A stored program electronic system associated with one or more toll 
switching systems which provides centralized traffic service position 
functions for several local offices at one location.

                            Tributary Circuit

    A circuit between a tributary office and a toll switchboard or 
intertoll dialing equipment in a toll center city.

                            Tributary Office

    A local office which is located outside the exchange in which a toll 
center is located, which has a different rate center from its toll 
center and which usually tickets and times only a part of its 
originating toll traffic, but which may ticket or time all or none, of 
such traffic. The toll center handles all outward traffic not ticketed 
and timed at the tributary and normally switches all inward toll traffic 
from outside the tributary's toll center to the tributary. Tributary 
offices are indicated as such in the Toll Rate and Route Guide.

                                 Trunks

    Circuit between switchboards or other switching equipment, as 
distinguished from circuits which extend between central office 
switching equipment and information origination/termination equipment.

                              TSPS Complex

    All groups of operator positions, wherever located, associated with 
the same TSPS stored program control units.

                                   TWX

    Teletypewriter Exchange Service.

                             TWX Connection

    A completed TWX call, i.e., a call on which a TWX communication was 
passed between the calling and called stations.

                    TWX Connection-Minute-Kilometers

    The product of (a) the number of TWX connections, (b) the average 
minutes per TWX connection and (c) the average route kilometers of 
circuits involved.

                       TWX Switching Plant Trunks

    Interexchange circuits, excluding remote access lines, which handle 
100 word per minute TWX traffic only.

                      Weighted Standard Work Second

    A measurement of traffic operating work which is used to express the 
relative time required to handle the various kinds of calls or work 
functions, and which is weighted to reflect appropriate degrees of 
waiting to serve time.

                    Wide Area Telephone Service WATS

    A toll service offering for customer dial type telecommunications 
between a given customer station and stations within specified 
geographic rate areas employing a single access line between the 
customer location and the serving central office. Each access line may 
be arranged for either outward (OUT-WATS) or inward (IN-WATS) service or 
both.

                            Wideband Channel

    A communication channel of a bandwidth equivalent to twelve or more 
voice grade channels.

                              Working Loop

    A revenue producing pair of wires, or its equivalent, between a 
customer's station and the central office from which the station is 
served.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 53 
FR 39095, Oct. 5, 1989; 58 FR 44905, Aug. 25, 1993]

                         Parts 37-39  [Reserved]

[[Page 529]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected



[[Page 531]]



                    Table of CFR Titles and Chapters




                   (Revised as of September 29, 1998)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

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

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)

[[Page 532]]

      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 533]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]

[[Page 534]]

    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)

[[Page 535]]

        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)

[[Page 536]]

        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

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

             Title 17--Commodity and Securities Exchanges

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

          Title 18--Conservation of Power and Water Resources

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

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)

[[Page 537]]

        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 538]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Multifamily Housing Assistance 
                Restructuring, Department of Housing and Urban 
                Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 539]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)

[[Page 540]]

       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)

[[Page 541]]

       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

[[Page 542]]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)

[[Page 543]]

        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300.99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)

[[Page 544]]

        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)

[[Page 545]]

       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)

[[Page 546]]

        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 547]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 549]]





           Alphabetical List of Agencies Appearing in the CFR




                   (Revised as of September 29, 1998)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 550]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 551]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1

[[Page 552]]

Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302

[[Page 553]]

  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Multifamily Housing Assistance Restructuring    24, IV
       Office
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II

[[Page 554]]

  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, United States        22, II; 48, 7
       Agency for
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II

[[Page 555]]

Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Multifamily Housing Assistance Restructuring      24, IV
     Office
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17

[[Page 556]]

  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I

[[Page 557]]

  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 559]]

                                     

                                     



                      Table of OMB Control Numbers



Sec. 0.408  OMB control numbers and expiration dates assigned pursuant 
          to the Paperwork Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
and expiration dates for the Commission information collection 
requirements assigned by the Office of Management and Budget (``OMB'') 
pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. The 
Commission intends that this section comply with the requirement that 
agencies display current control numbers and expiration dates assigned 
by the Director of OMB for each approved information collection 
requirement. Not withstanding any other provisions of law, no person 
shall be subject to any penalty for failing to comply with a collection 
of information subject to the Paperwork Reduction Act (PRA) that does 
not display a valid control number. Questions concerning the OMB control 
numbers and expiration dates should be directed to the Associate 
Managing Director--Performance Evaluation and Records Management, 
Federal Communications Commission, Washington, DC 20554.
    (b) Display.

------------------------------------------------------------------------
                FCC form number or 47 CFR section or part,        OMB
OMB control       docket number or title identifying the      expiration
    no.                         collection                       date
------------------------------------------------------------------------
3060-0003..  FCC 610........................................    10/31/99
3060-0004..  Guidelines for Evaluating the Environmental
              Effects of Radio Frequency Radiation, ET Doc.
              96-62.........................................    06/31/01
3060-0009..  FCC 316........................................    05/31/99
3060-0010..  FCC 323........................................    09/30/98
3060-0012..  Parts 21, 23, 25 and 101 and FCC 701...........    05/31/00
3060-0016..  FCC 346........................................    07/31/00
3060-0017..  FCC 347........................................    07/31/00
3060-0020..  FCC 406........................................    05/31/99
3060-0021..  FCC 480........................................    12/31/00
3060-0022..  FCC 610A.......................................    06/30/01
3060-0024..  Sec. 76.29.....................................    08/31/01
3060-0025..  FCC 755........................................    07/31/00
3060-0027..  FCC 301........................................    12/31/00
3060-0028..  FCC 313........................................    02/28/99
3060-0029..  FCC 302-TV.....................................    12/31/00
3060-0031..  FCC 314........................................    10/31/98
3060-0032..  FCC 315........................................    10/31/98
3060-0034..  FCC 340........................................    12/31/00
3060-0035..  FCC 313-R......................................    04/30/00
3060-0040..  FCC 404/404-R..................................    08/31/00
3060-0041..  FCC 301-A......................................    02/28/00
3060-0048..  FCC 704........................................    05/31/00
3060-0049..  FCC 753........................................    06/30/00
3060-0051..  FCC 405-B......................................    08/31/00
3060-0053..  FCC 703........................................    11/30/99
3060-0054..  FCC 820........................................    02/28/99
3060-0055..  FCC 327........................................    04/30/00
3060-0056..  FCC 730........................................    03/31/00
3060-0057..  FCC 731........................................    09/30/99
3060-0059..  FCC 740........................................    12/31/98
3060-0061..  FCC 325........................................    07/31/01
3060-0062..  FCC 330........................................    11/31/98
3060-0065..  FCC 422........................................    09/30/98
3060-0066..  FCC 330-R......................................    07/31/00
3060-0068..  FCC 702........................................    08/31/00
3060-0069..  FCC 756........................................    09/30/99
3060-0072..  FCC 409........................................    08/31/01
3060-0075..  FCC 345........................................    12/31/99

[[Page 560]]

 
3060-0076..  FCC 395........................................    12/31/99
3060-0079..  FCC 610-B......................................    08/31/99
3060-0084..  FCC 323-E......................................    04/30/99
3060-0089..  FCC 503........................................    09/30/98
3060-0093..  FCC 405........................................    05/31/00
3060-0095..  FCC 395-A, 395-AS..............................    06/30/99
3060-0096..  FCC 506, 506-A.................................    08/31/99
3060-0099..  FCC M..........................................    08/31/99
3060-0104..  FCC 572........................................    05/31/00
3060-0105..  FCC 430........................................    09/30/00
3060-0106..  Sec. 43.61, FCC 43.61..........................    05/31/01
3060-0107..  FCC 405-A......................................    01/31/00
3060-0108..  FCC 201........................................    05/31/01
3060-0110..  FCC 303-S......................................    05/31/01
3060-0113..  FCC 396........................................    01/31/00
3060-0119..  Sec. 90.145....................................    12/31/99
3060-0120..  FCC 396-A......................................    10/31/99
3060-0126..  Sec. 73.1820...................................    08/31/99
3060-0127..  FCC 1046.......................................    03/31/00
3060-0128..  FCC 574........................................    08/31/01
3060-0132..  FCC 1068A......................................    12/30/00
3060-0134..  FCC 574-R......................................    05/31/99
3060-0136..  FCC 574-T......................................    12/31/00
3060-0139..  FCC 854/854-R..................................    12/31/98
3060-0141..  FCC 402-R......................................    06/30/00
3060-0147..  Sec. 64.804....................................    01/31/00
3060-0149..  Part 63, Sec. 214, 63.01-63.601................    12/31/98
3060-0157..  Sec. 73.99.....................................    02/28/00
3060-0160..  Sec. 73.158....................................    02/28/99
3060-0161..  Sec. 73.61.....................................    12/31/99
3060-0165..  Part 41 Sec. 41.31.............................    01/31/00
3060-0166..  Part 42........................................    11/30/98
3060-0168..  Sec. 43.43.....................................    12/31/99
3060-0169..  Sec. 43.51, 43.53..............................    11/30/98
3060-0170..  Sec. 73.1030...................................    01/31/99
3060-0171..  Sec. 73.1125...................................    12/31/00
3060-0173..  Sec. 73.1207...................................    05/31/00
3060-0174..  Sec. 73.1212...................................    03/31/99
3060-0175..  Sec. 73.1250...................................    10/31/99
3060-0176..  Sec. 73.1510...................................    12/31/99
3060-0178..  Sec. 73.1560...................................    12/31/99
3060-0179..  Sec. 73.1590...................................    06/30/01
3060-0180..  Sec. 73.1610...................................    01/31/99
3060-0181..  Sec. 73.1615...................................    12/31/99
3060-0182..  Sec. 73.1620...................................    02/28/01
3060-0184..  Sec. 73.1740...................................    01/31/99
3060-0185..  Sec. 73.3613...................................    07/31/01
3060-0187..  Sec. 73.3594...................................    02/28/01
3060-0188..  Sec. 73.3550...................................    07/31/00
3060-0190..  Sec. 73.3544...................................    02/28/01
3060-0192..  Sec. 87.103....................................    01/31/01
3060-0194..  Sec. 74.21.....................................    01/31/99
3060-0202..  Sec. 87.37.....................................    12/31/00
3060-0204..  Sec. 90.38(B)..................................    04/30/99
3060-0206..  Part 21........................................    05/31/01
3060-0207..  Section 11.52..................................    12/31/98
3060-0208..  Sec. 73.1870...................................    01/31/00
3060-0209..  Sec. 73.1920...................................    10/31/99
3060-0210..  Sec. 73.1930...................................    06/30/01
3060-0211..  Sec. 73.1943...................................    07/31/01
3060-0212..  Sec. 73.2080...................................    12/31/99
3060-0213..  Sec. 73.3525...................................    11/30/00
3060-0214..  Sec. 73.3526...................................    12/31/99
3060-0215..  Sec. 73.3527...................................    12/31/99
3060-0216..  Sec. 73.3538...................................    11/30/98
3060-0219..  Sec. 90.49(b)..................................    10/31/99
3060-0221..  Time in which stations must be placed in
              operation (exceptions)........................    04/30/01
3060-0222..  Sec. 97.213....................................    12/31/00
3060-0223..  Sec. 90.129(B).................................    05/31/99
3060-0224..  Sec. 90.151....................................     2/28/01
3060-0225..  Sec. 90.131(B).................................    09/30/99
3060-0226..  Sec 90.135(d) & (e)............................    02/28/01

[[Page 561]]

 
3060-0228..  Sec 80.59......................................    08/31/01
3060-0233..  Part 36........................................    07/31/99
3060-0236..  Sec 74.703.....................................    07/31/99
3060-0240..  Sec 74.651.....................................    02/28/00
3060-0241..  Sec 74.633.....................................    02/28/00
3060-0242..  Sec 74.604.....................................    02/28/00
3060-0243..  Sec 74.551.....................................    05/31/99
3060-0245..  Sec 74.537.....................................    05/31/99
3060-0246..  Sec 74.452.....................................    07/31/00
3060-0248..  Sec 74.751.....................................    07/31/99
3060-0249..  Sec 74.781.....................................    01/31/00
3060-0250..  Sec 74.784.....................................    01/31/00
3060-0251..  Sec 74.833.....................................    10/31/99
3060-0253..  Part 68 Sec 68.106, 68.108, 68.110.............    04/30/01
3060-0254..  Sec 74.433.....................................    07/31/00
3060-0258..  Sec 90.176.....................................    10/31/99
3060-0259..  Sec 90.263.....................................    12/31/00
3060-0261..  Sec 90.215.....................................    12/31/00
3060-0262..  Sec 90.179.....................................    11/30/98
3060-0263..  Sec 90.177.....................................    09/30/99
3060-0264..  Sec 80.413.....................................    12/31/00
3060-0270..  Sec 90.443.....................................    01/31/00
3060-0280..  Sec 90.633(F) & (G)............................    05/31/99
3060-0281..  Sec 90.651.....................................    02/28/01
3060-0286..  Sec 80.302.....................................    04/30/01
3060-0287..  Sec 78.69......................................    11/30/98
3060-0288..  Sec 78.33......................................    12/31/99
3060-0289..  Sec 76.601.....................................    02/28/99
3060-0290..  Sec 90.517.....................................    05/31/99
3060-0291..  Sec 90.477.....................................    02/28/01
3060-0292..  Part 69........................................    09/30/00
3060-0295..  Sec 90.607(b)(1) & (c)(1)......................    12/31/00
3060-0297..  Sec 80.503.....................................    12/31/00
3060-0298..  Part 61........................................    10/31/00
3060-0307..  Sec 90.629(A)..................................    04/30/99
3060-0308..  Sec 90.505.....................................    03/31/01
3060-0309..  Sec 74.1281....................................    09/30/99
3060-0310..  Sec 76.12......................................    12/31/99
3060-0311..  Sec 76.54......................................    09/30/99
3060-0313..  Sec 76.207.....................................    07/31/01
3060-0314..  Sec 76.209.....................................    03/31/01
3060-0315..  Sec 76.221.....................................    09/30/99
3060-0316..  Sec 76.305.....................................    07/31/01
3060-0318..  FCC 489........................................    12/31/00
3060-0319..  FCC 490........................................    09/30/00
3060-0320..  Sec 73.1350....................................    04/30/01
3060-0321..  Sec 73.68......................................    02/28/99
3060-0325..  Sec 80.605.....................................    06/30/99
3060-0326..  Sec 73.69......................................    09/30/99
3060-0329..  Sec. 2.955.....................................    04/30/99
3060-0330..  Part 62........................................    04/30/01
3060-0331..  Sec. 76.615....................................    05/31/01
3060-0332..  Sec. 76.614....................................    09/30/98
3060-0340..  Sec. 73.51.....................................    08/31/00
3060-0341..  Sec. 73.1680...................................    08/31/00
3060-0342..  Sec. 74.1284...................................    07/31/00
3060-0344..  Sec. 1.1705....................................    08/31/00
3060-0345..  Sec. 1.1709....................................    08/31/00
3060-0346..  Sec. 78.27.....................................    03/31/01
3060-0347..  Sec. 97.311....................................    11/30/00
3060-0348..  Sec. 76.79.....................................    02/28/01
3060-0349..  Sec. 76.73 and 76.75...........................    02/28/01
3060-0355..  FCC 492 and FCC 492A...........................    07/31/01
3060-0357..  Sec. 63.701....................................    08/31/01
3060-0360..  Sec. 80.409(c).................................    10/31/98
3060-0361..  Sec. 80.29.....................................    04/30/01
3060-0362..  Sec. 80.401....................................    08/31/99
3060-0364..  Sec. 80.409 (d) and (e)........................    10/31/98
3060-0368..  Sec. 97.523....................................    08/31/00
3060-0370..  Part 32........................................    12/31/00
3060-0374..  Sec. 73.1690...................................    11/30/98
3060-0384..  Sec. 64.904....................................    02/28/99

[[Page 562]]

 
3060-0386..  Sec. 73.1635...................................    05/31/99
3060-0387..  Sec 15.201(d)..................................    05/31/99
3060-0390..  FCC 395B.......................................    12/31/99
3060-0391..  Monitoring Program for Impact of Federal State
              Joint Board Decisions.........................    11/30/98
3060-0392..  Sec. 1.1401-1.1416.............................    07/31/01
3060-0393..  Sec. 73.45.....................................    10/31/99
3060-0394..  Sec. 1.420.....................................    10/31/99
3060-0395..  Sec. 43.21 and 43.22 FCC 43-02, FCC 43-05 and
              FCC 43-07.....................................    09/30/98
3060-0397..  Sec. 15.7(A)...................................    04/30/00
3060-0398..  Sec. 2.948, 15.117(G)(2), 80.1053..............    10/31/99
3060-0400..  Tariff Review Plan.............................    09/30/99
3060-0404..  FCC 350........................................    02/28/00
3060-0405..  FCC 349........................................    09/30/98
3060-0407..  FCC 307........................................    06/30/00
3060-0410..  FCC 495A and FCC 495B..........................    03/31/00
3060-0411..  Sec. 1.720-1.735...............................    02/28/01
3060-0414..  Terrain Shielding Policy.......................    09/30/00
3060-0419..  Sec. 76.94, 76.95, 76.155, 76.156, 76.157,
              76.159........................................    09/30/98
3060-0421..  New Service Reporting Requirements under Price
              Cap Regulation................................    02/28/99
3060-0422..  Sec. 68.5......................................    11/31/98
3060-0423..  Sec. 73.3588...................................    10/31/99
3060-0425..  Sec. 74.913....................................    07/31/01
3060-0427..  Sec. 73.3523...................................    09/30/00
3060-0430..  Sec. 1.1206....................................    09/30/01
3060-0433..  FCC 320........................................    01/31/99
3060-0434..  Sec. 90.19(F)(7)...............................    05/31/99
3060-0435..  Sec. 80.361....................................    10/31/99
3060-0436..  Sec. 15.214 and 68.200.........................    05/31/99
3060-0438..  FCC 464........................................    12/31/00
3060-0439..  Regulations Concerning Indecent Communications
              by Telephone..................................    03/31/01
3060-0441..  Sec. 90.621(B)(4)..............................    08/31/99
3060-0443..  FCC 572C.......................................    05/31/99
3060-0444..  FCC 800A.......................................    06/30/01
3060-0448..  Sec. 63.07.....................................    08/31/00
3060-0449..  Sec. 1.65(c)...................................    01/31/99
3060-0452..  Sec. 73.3589...................................    10/31/99
3060-0454..  Regulation of International Accounting Rates...    07/31/01
3060-0461..  Sec. 90.173....................................    12/31/99
3060-0463..  Telecommunications Services for Individuals
              with Hearing and Speech Disabilities..........    07/31/00
3060-0465..  Sec. 74.985....................................    12/31/99
3060-0466..  Sec. 74.1283...................................    01/31/00
3060-0470..  Computer III Remand Proceeding: BOC Safeguards
              and Tier 1 LEC Safeguards and Implementation
              of Further Costs, CC Docket 90-623............    11/30/98
3060-0473..  Sec. 74.1251...................................    12/31/99
3060-0474..  Sec. 74.1263...................................    02/28/00
3060-0475..  Sec. 90.713....................................    12/31/98
3060-0478..  Informational Tariffs..........................    04/30/00
3060-0481..  FCC 452R.......................................    08/31/00
3060-0483..  Sec. 73.687....................................    07/31/00
3060-0484..  Sec. 63.100....................................    02/28/99
3060-0488..  Sec. 73.30.....................................    02/28/01
3060-0489..  Sec. 73.37.....................................    02/28/01
3060-0490..  Sec. 74.902....................................    03/31/01
3060-0491..  Sec. 74.991....................................    03/31/01
3060-0492..  Sec. 74.992....................................    02/28/01
3060-0493..  Sec. 74.986....................................    02/28/01
3060-0494..  Sec. 74.990....................................    02/28/01
3060-0496..  FCC Report 43-08...............................    09/30/98
3060-0500..  Sec. 76.607....................................    07/31/01
3060-0501..  Sec. 76.206....................................    07/31/01
3060-0502..  Sec. 73.1942...................................    07/31/01
3060-0504..  Sec. 90.658....................................    11/30/98
3060-0506..  FCC 302-FM.....................................    12/31/00
3060-0508..  Rewrite and Update of Part 22, of the Public
              Mobile Service Rules, CC Docket 92-115........    01/31/01
3060-0511..  FCC Report 43-04...............................    09/30/98
3060-0512..  ARMIS Annual Summary Report, FCC Report 43-01..    09/30/98
3060-0513..  FCC Report 43-03...............................    09/30/98
3060-0514..  Sec. 43.21(c)..................................    02/28/00
3060-0515..  Sec. 43.21(d)..................................    11/30/98
3060-0516..  Revision of Radio Rules and Policies, Time
              Brokerage Ruling..............................    11/30/98
3060-0519..  Rules and Regulations Implementing the
              Telephone Consumer Protection Act of 1991.....    09/30/98
3060-0520..  Sec. 90.127(E).................................    02/28/99

[[Page 563]]

 
3060-0526..  Density Pricing Zone Plans, Expanded
              Interconnection with Local Telephone
              Facilities (CC Docket 91-141).................    01/31/99
3060-0531..  Local Multipoint Distribution Service (LMDS)...    06/30/00
3060-0532..  Sec. 2.975(A)(8) and 2.1033(B)(12).............    05/31/99
3060-0536..  FCC 431........................................    09/30/00
3060-0537..  Sec. 13.217....................................    05/31/99
3060-0540..  Tariff Filing Requirement for Nondominant
              Common Carriers...............................    02/28/99
3060-0541..  FCC 464-A......................................    02/28/99
3060-0543..  Signal Booster Stations, Sec 21.913............    07/31/99
3060-0544..  Sec. 76.701....................................    10/31/00
3060-0546..  Sec. 76.59.....................................    06/30/99
3060-0547..  Sec. 76.61 and 76.7............................    09/30/98
3060-0548..  Sec. 76.302 and 76.56..........................    09/30/98
3060-0549..  FCC 329........................................    09/30/98
3060-0550..  FCC 328........................................    08/31/99
3060-0551..  Sec. 76.1002 & 76.1004.........................    05/31/00
3060-0552..  Sec. 76.1003 & 76.1004.........................    05/31/00
3050-0554..  Section 87.199.................................    06/30/99
3060-0556..  Sec. 80.1061...................................    06/30/99
3060-0560..  Sec. 76.911....................................    07/31/01
3060-0561..  Sec. 76.913....................................    08/31/00
3060-0562..  Sec. 76.916....................................    04/30/01
3060-0563..  Sec. 76.915....................................    06/30/00
3060-0564..  Sec. 76.924....................................    08/31/99
3060-0565..  Sec. 76.944....................................    08/31/00
3060-0567..  Sec. 76.962....................................    11/30/98
3060-0568..  Commercial Leased Access Rates, Terms, &
              Conditions, Sec. 76.970.......................    04/30/00
3060-0569..  Sec. 76.975....................................    06/30/00
3060-0570..  Sec. 76.982....................................    04/30/01
3060-0572..  Filing Manual for Annual International Circuit
              Status Reports, Sec. 43.82....................    05/31/99
3060-0573..  FCC 394........................................    09/30/99
3060-0574..  FCC 395-M......................................    06/30/99
3060-0576..  FCC 610R.......................................    08/31/99
3060-0577..  Expanded Interconnection with Local Telephone
              Company Facilities............................    09/30/00
3060-0579..  Expanded Interconnection with Local Telephone
              Company Facilities for Interstate Switched
              Transport Service.............................    09/30/00
3060-0580..  Sec. 76.504....................................    06/30/00
3060-0581..  Sec. 76.503....................................    01/31/00
3060-0582..  Sec. 76.1302...................................    03/31/00
3060-0584..  FCC 45 FCC 44..................................    07/31/99
3060-0589..  FCC 159, and 159C..............................    12/31/00
3060-0594..  FCC 1220.......................................    05/31/01
3060-0595..  FCC 1210.......................................    07/31/01
3060-0599..  Implementation of Sections 3(n) and 322 of the
              Communications Act, GN 93-253.................    06/30/00
3060-0600..  FCC 175 and 175-S..............................    11/30/98
3060-0601..  FCC 1200.......................................    05/31/01
3060-0602..  Sec. 76.917....................................    04/30/00
3060-0607..  Sec. 76.922....................................    08/31/00
3060-0609..  Sec. 76.934(D).................................    04/30/01
3060-0610..  Sec. 76.958....................................    04/30/01
3060-0611..  Sec. 74.783....................................    07/31/00
3060-0613..  Expanded Interconnection with Local Telephone
              Company Facilities, CC Docket 91-141..........    09/30/98
3060-0621..  FCC 401, 405, 430, 489, 490 and 854............    01/31/01
3060-0623..  FCC 600........................................    02/28/99
3060-0624..  Amendment of the Commission's Rules to
              Establish New Narrowband Personal
              Communications Services, ET Docket 92-100 and
              GN Docket 90-314..............................    10/31/00
3060-0625..  Amendment of the Commission's Rules to
              Establish New Personal Communications
              Services, GN Docket 90-314....................    11/30/00
3060-0626..  Implementation of Sections 3(N) and 332 of the
              Communications Act, GN Docket 93-252..........    12/31/00
3060-0627..  FCC 302-AM.....................................    04/30/01
3060-0629..  Sec. 76.987(G).................................    05/31/01
3060-0630..  Sec. 73.62.....................................    06/30/01
3060-0633..  Sec. 73.1230, 74.165, 74.432, 74.564, 74.664,
              74.765, 74.832, 74.965 and 74.1265............    06/30/01
3060-0634..  Sec. 73.691....................................    04/30/01
3060-0635..  FCC 610-V......................................    03/31/01
3060-0636..  Part 2 and 18..................................    09/30/98
3060-0638..  Sec. 76.934(F)(1)..............................    11/30/98
3060-0639..  Implementation of Section 309(J) of the
              Communications Act Competitive Bidding, PP 93-
              253...........................................    10/31/98
3060-0640..  FCC 800I.......................................    10/31/98
3060-0641..  FCC 218-I......................................    09/30/99
3060-0644..  FCC 1230.......................................    11/30/98
3060-0645..  Antenna Registration, Part 17..................    02/28/99

[[Page 564]]

 
3060-0646..  Policies and Rules Concerning Unauthorized
              Changes of Consumers' Long Distance Carriers:
              CC Docket 94-129..............................    01/31/01
3060-0647..  FCC Annual Survey of Cable Industry Prices
              (1997 Price Survey)...........................    12/31/98
3060-0648..  Sec. 21.902....................................    09/30/98
3060-0649..  Sec. 76.58.....................................    09/30/98
3060-0650..  Sec. 76.502....................................    09/30/98
3060-0651..  Sec. 76.9......................................    09/30/98
3060-0652..  Sec. 76.309 and 76.964.........................    09/30/98
3060-0653..  Sec. 64.703(b).................................    09/30/98
3060-0654..  FCC 304........................................    09/30/98
3060-0655..  Request for Waivers of Regulatory Fees
              Predicated on Allegations of Financial
              Hardship, MM Docket 94-19.....................    09/30/98
3060-0656..  FCC 175-M......................................    09/30/98
3060-0657..  Sec. 21.956....................................    09/30/98
3060-0658..  Sec. 21.960....................................    09/30/98
3060-0660..  Sec. 21.937....................................    09/30/98
3060-0661..  Sec. 21.931....................................    09/30/98
3060-0662..  Sec. 21.930....................................    09/30/98
3060-0663..  Sec. 21.934....................................    09/30/98
3060-0664..  FCC 304A.......................................    09/30/98
3060-0665..  Sec. 64.707....................................    09/30/98
3060-0666..  Sec. 64.703(a).................................    09/30/98
3060-0667..  Sec. 76.630....................................    09/30/98
3060-0668..  Sec. 76.936....................................    09/30/98
3060-0669..  Sec. 76.946....................................    09/30/98
3060-0673..  Sec. 76.956....................................    09/30/98
3060-0674..  Sec. 76.931 and 76.932.........................    09/30/98
3060-0676..  Sec. 64.1100...................................    09/30/98
3060-0678..  FCC 312........................................    05/31/01
3060-0679..  Streamlining the Commission's Rules and
              Regulations for Satellite Application and
              Licensing Procedures..........................    09/30/98
3060-0681..  Toll-Free Access Codes.........................    09/30/00
3060-0682..  Sec. 63.16.....................................    01/31/99
60-0683      Direct Broadcast Satellite Service.............    01/31/99
3060-0684..  Cost Sharing Plan for Microwave Relocation.....    08/31/99
3060-0685..  FCC 1240.......................................    05/31/01
3060-0686..  Streamlining the International Section 214
              Authorization Process and Tariff Requirements.    06/30/01
3060-0687..  Access to Telecommunications Equipment and
              Services by Persons with Disabilities.........    02/28/99
3060-0688..  FCC 1235.......................................    02/28/99
3060-0690..  ET Docket 95-183, FCC 402, FCC 494.............    06/30/01
3060-0691..  Amendment to Part 2 and 90 of the Commission's
              Rules to Provide for the Use of 200 Channels
              Outside the Designated Filing Areas in the 896-
              901 MHZ Bands Allotted to Specialized Mobile..    06/30/99
3060-0692..  Sec. 76.802....................................    03/31/01
3060-0695..  WT Docket No. 96-1.............................    04/30/99
3060-0697..  Revision of Part 22 and Part 90 of the
              Commission's Rules to Facilitate Future
              Development of Paging Systems.................    04/30/99
3060-0698..  Amendment of the Commission's Rules to
              Establish a Radio Astronomy Coordination Zone
              in Puerto Rico................................    01/31/01
3060-0699..  Streamlining Broadcast EEO Rules and Policies,
              Vacating the EEO Forfeiture Policy Statement
              and Amending Section 1.80 of the Commission's
              Rules--MM Doc. 96-16..........................    05/31/99
3060-0700..  FCC 1275.......................................    07/31/00
3060-0701..  CC Docket 96-23................................    05/31/99
3060-0702..  Amendment to Part 20 and 24 of the Commission's
              Rules Broadband PCS Competitive Bidding and
              the Commercial Mobile Radio Service Spectrum
              Cap...........................................    05/31/99
3060-0703..  FCC 1205.......................................    06/30/99
3060-0704..  Policy and Rules Concerning the Interstate,
              Interexchange Marketplace, Implementation of
              Section 254(g) of the Communications Act of
              1934, as amended--CC Doc. 96-61...............    03/31/01
3060-0706..  Order and NPRM on Cable Reform: Implementation
              of the Telecommunications Act of 1996.........    10/31/98
3060-0707..  Restriction on Over-the Air Reception Devices
              (NPRM)........................................    10/31/99
3060-0708..  NPRM in MM Docket 96-58, Amendments of Parts 73
              and 74 of the Commission's Rules to Permit
              Certain Minor Changes in Broadcast Facilities
              Without a Construction Permit.................    07/31/99
3060-0709..  Revision to Part 22 and Part 90 to Facilitate
              Future Development of the Paging System and
              Implementation of Section 309(j) of the
              Communications Act............................    01/31/00
3060-0710..  Policy and Rules Concerning the Implementation
              of the Local Competition Provisions in the
              Telecommunications Act of 1996--CC Doc. 96-98.    02/28/00
3060-0711..  Implementation of Section 34(a)(1) of the
              Public Utility Holding Act of 1935, as amended
              by the Telecommunications Act of 1996--GC Doc.
              96-101........................................    07/31/99
3060-0712..  Petition for Declaratory Ruling by Inmate
              Calling Services Providers Task Force.........    07/31/99
3060-0713..  Alternative Broadcast Inspection Program.......    07/31/99
3060-0714..  Antenna Registration Number Required as
              Supplement to Application Forms...............    09/30/99
3060-0715..  Implementation of the Telecommunications Act of
              1996: Telecommunications Carriers' Use of
              Customer Proprietary Network Information and
              Other Customer Information--CC Doc. 96-115....    06/30/01

[[Page 565]]

 
3060-0716..  Section 73.1630................................    08/31/99
3060-0717..  CC Docket No. 92-77d...........................    05/31/01
3060-0718..  Part 101 Governing the Terrestrial Microwave
              Fixed Radio Service...........................    09/30/99
3060-0719..  Quarterly Report of IntraLATA Carriers Listing
              Pay Phone Automatic Numbering Identifications
              (ANIs)........................................    12/31/99
3060-0720..  Proposed Report of Bell Operating Companies of
              Modified Comparably Efficient Interconnection
              Plans.........................................    09/30/99
3060-0721..  One-Time Report of Local Exchange Companies of
              Cost Accounting Studies.......................    12/31/99
3060-0722..  Proposed Initial Report of Bell Operating
              Companies of Comparably Efficient Interconnect
              Plans.........................................    08/31/99
3060-0723..  Public Disclosure of Network Information by
              Bell Operating Companies......................    12/31/99
3060-0724..  Annual Report of Interexchange Carriers Listing
              the Compensation Amount Paid to Pay Phone
              Providers and the Number of Payees............    12/31/99
3060-0725..  Proposed Annual Filing of Nondiscrimination
              Reports (On Quality of Service, Installation,
              and Maintenance) by BOC's.....................    08/31/99
3060-0726..  Proposed Quarterly Report of Interexchange
              Carriers Listing the Number of Dial-Around
              Calls for which Compensation is Being Paid to
              Pay Phone Owners..............................    12/31/99
3060-0727..  Sec. 73.213....................................    11/30/00
3060-0728..  Supplemental Information Requesting Taxpayer
              Identifying Numbers for Debt Collection.......    05/31/00
3060-0729..  Bell Operating Provision of Out-of-Region
              Interexchange Services (Affiliated Company
              Recordkeeping Requirements)...................    12/31/99
3060-0730..  Toll-Free Service Access Codes, 800/888 Number
              Release Procedures............................    02/28/00
3060-0731..  Telecommunications Relay Services (TRS)........    09/30/99
3060-0732..  Consumer Education Concerning Wireless 911.....    10/31/98
3060-0734..  Implementation of the Telecommunications Act of
              1996: Accounting Safeguards under the
              Telecommunications Act of 1996................    03/31/00
3060-0735..  Partitioning and Disaggregation................    09/30/99
3060-0736..  Implementation of the Non-Accounting Safeguards
              of Section 271 and 272 of the Communications
              Act of 1934, as amended--CC Docket 96-149.....    09/30/99
3060-0737..  Disclosure Requirements for Information
              Services Provided under a Presubscription or
              Comparable Arrangement........................    09/30/99
3060-0738..  Implementation of the Telecommunications Act of
              1996: Electronic Publishing and Alarm
              Monitoring Services...........................    04/30/00
3060-0739..  Amendment of the Commission's Rules to
              Establish Competitive Service Safeguards for
              Local Exchange Carrier Provisions of
              Commercial Mobile Radio Service...............    01/31/01
3060-0740..  Sec. 95.1015...................................    10/31/99
3060-0741..  Implementation of the Local Competition
              Provisions on the Telecommunications Act of
              1996--CC Docket No. 96-96, Second Report and
              Order and Memorandum Opinion and Order........    10/31/99
3060-0742..  Part 52, Subpart C, Sec. 52.21--52.31..........    12/31/99
3060-0743..  Implementation of the Local Competition
              Provisions on the Telecommunications Act of
              1996--CC Docket No. 96-128....................    12/31/99
3060-0745..  Implementation of the Local Exchange Carrier
              Tariff Streamlining Provisions in the
              Telecommunications Act of 1996--CC Docket No.
              96-187........................................    12/31/00
3060-0746..  FCC 900........................................    06/30/00
3060-0747..  FCC 415........................................    12/31/99
3060-0748..  Sec. 64.1504, CC Docket No. 96-146.............    12/31/99
3060-0749..  Sec. 64.1509...................................    01/31/00
3060-0750..  Sec. 73.673....................................    12/31/99
3060-0751..  Regulation of International Accounting Rates:
              CC Docket No. 90-337..........................    01/31/00
3060-0752..  Billing Disclosure Requirements for Pay-Per-
              Call and Other Information Services, 47 CFR
              64.1510.......................................    01/31/00
3060-0753..  Policy and Rules Concerning the Interstate,
              Interexchange Marketplace, CC Docket 9661
              (Integrated Rate Plans).......................    01/31/00
3060-0754..  FCC 398........................................    12/31/99
3060-0755..  Infrastructure Sharing--CC Docket 96-237.......    05/31/00
3060-0756..  Procedural Requirements and Policies for
              Commission Processing of Bell Operating
              Company Applications for the Provision of In-
              Region, InterLATA Services under Section 271
              of the Communications Act.....................    06/30/01
3060-0757..  FCC Auctions Customer Survey...................    09/30/00
3060-0758..  Amendment of Part 5 of the Commission's Rules
              to Revise the Experimental Radio Service
              Regulations--ET Docket No. 96-256 (Proposed
              Rule).........................................    03/31/00
3060-0759..  Implementation of Section 273 of the
              Communications Act of 1934, as Amended by the
              Telecommunications Act of 1996................    04/30/00
3060-0760..  Access Charge Reform--CC Docket No. 96-272
              (First Report and Order)......................    10/31/98
3060-0761..  Closed Captioning of Video Programming.........    12/31/00
3060-0762..  Sec. 274 (b)(3)(B), CC Docket No. 96-152
              (FNPRM).......................................    04/30/00
3060-0763..  ARMIS Customer Satisfaction Report, FCC 43-06..    09/30/98
3060-0764..  Regulation of International Accounting Rates--
              CC Docket No. 90-337..........................    10/31/00
3060-0765..  Revision of Part 22 and Part 90 of the
              Commission's Rules to Facilitate Future
              Development of Paging Systems (Further Notice
              of Proposed Rulemaking).......................    05/31/00
3060-0767..  Auction Forms and License Transfer Disclosures;
              Supplement Fifth Notice of Proposed Rulemaking
              in CC Docket No. 92-297.......................    10/31/98
3060-0768..  28 GHz Band Segmentation Plan Amending the
              Commission's Rules to Redesignate the 27.5--
              29.5 GHz Frequency Band, to Reallocate the
              29.5--30.0 GHz Frequency Band, and to
              Establish.....................................    06/30/00

[[Page 566]]

 
3060-0769..  Aeronautical Services Transition Plan..........    06/30/00
3060-0770..  Price Cap Performance Review for Local Exchange
              Carriers--CC Docket No. 94-1..................    06/30/00
3060-0771..  Sec. 5.56......................................    10/31/00
3060-0773..  Sec. 2.803.....................................    07/31/00
3060-0774..  Federal-State Joint Board on Universal Service--
              CC Docket No. 96-45, 47 CFR 36.611--36.612 and
              47 CFR Part 54................................    11/30/98
3060-0775..  47 CFR 64.1901--64.1903........................    07/31/00
3060-0777..  Access Charge Reform--CC Docket No. 92-262
              (Further Notice of Proposed Rulemaking........    08/31/00
3060-0779..  Amendment to Part 90 of the Commission's Rules
              to Provide for Use of the 220-222 MHz Band by
              the Private Land Mobile Radio Service, PR Doc.
              89-552........................................    08/31/00
3060-0780..  Uniform Rate-Setting Methodology...............    09/30/00
3060-0782..  Petitions for Limited Modification of LATA
              Boundaries to Provide Expanded Local Calling
              Service (ELCS) at Various Locations...........    01/31/01
3060-0783..  Coordination Notification Requirements on
              Frequencies Below 512 MHz--Sec. 90.176........    09/30/00
3060-0785..  FCC 457........................................    01/31/99
3060-0786..  Petitions for LATA Association Changes by
              Independent Telephone Companies...............    01/31/01
3060-0787..  Implementation of the Subscriber Carrier
              Selection Changes Provisions of the
              Telecommunications Act of 1996................    10/31/00
3060-0788..  DTV Showings/Interference Agreements...........    07/31/01
3060-0789..  Modified Alternative Plan, CC Doc. 90-571,
              Order (``1997 Suspension Order'').............    06/30/01
3060-0790..  Section 68.110(c)..............................    11/30/00
3060-0791..  CC Docket No. 93-240...........................    11/30/00
3060-0793..  Procedures for State Regarding Lifeline
              Consent, Adoption of Intrastate Discount
              Matrix for Schools and Libraries, and
              Designation of Eligible Telecommunications
              Carriers......................................    07/31/01
3060-0794..  DTV Report on Construction Progress............    11/30/00
3060-0795..  ULS TIN Registration and FCC 606...............    02/28/01
3060-0796..  Administration of the North American Numbering
              Plan, Carrier Identification Codes (CICs), CC
              Docket No. 92-237.............................    12/31/00
3060-0797..  FCC 604........................................    11/30/00
3060-0798..  FCC 601........................................    05/31/01
3060-0799..  FCC 602........................................    11/30/00
3060-0800..  FCC 603........................................    11/30/00
3060-0801..  Amendment of the Commission's Rules Regarding
              Installment Payment Financing for Personal
              Communications Services (PCS) Licensees.......    10/31/98
3060-0802..  Administration of the North American Numbering
              Plan, Order on Reconsideration, Message
              Intercept Requirement, CC Docket No. 92-237...    08/31/01
3060-0804..  FCC 465, 466, 467, and 468.....................    07/31/01
3060-0805..  Development of Operational, Technical, and
              Spectrum Requirements for Meeting Federal,
              State, and Local Public Safety Agency
              Communications Requirements through the Year
              2010..........................................    01/31/01
3060-0806..  Universal Service: Schools and Libraries
              Program, FCC 470 and 471......................    06/30/01
3060-0807..  Petitions for Preemption--47 CFR 51.803 and
              Supplemental Procedures for Petitions to
              Section 252(e)(5) of the Communications Act of
              1934, as amended..............................    04/30/01
3060-0808..  Amendments to Uniform System of Accounts for
              Interconnection, CC Docket No. 97-212.........    02/28/01
3060-0809..  Communications Assistance for Law Enforcement
              Act (CALEA), CC Docket No. 97-213.............    02/28/01
3060-0810..  Procedures for Designation of Eligible
              Telecommunications Carriers Pursuant to
              Section 214(e)(6) of the Communications Act of
              1934, as amended..............................    05/31/01
3060-0811..  Implementation of Section 309(j) of the
              Communications Act, MM Docket No. 97-234......    02/28/01
3060-0813..  Revision of the Commission's Rules to Ensure
              Compatibility with Enhanced 911 Emergency
              Calling Systems...............................    06/30/01
3060-0814..  Local Switching Support and Local Switching
              Support Data Collection Form and Instructions,
              Section 54.301................................    09/30/98
3060-0815..  FCC 496........................................    10/31/98
3060-0816..  Local Competition in the Local Exchange
              Telecommunications Services Report............    02/28/99
3060-0817..  Computer III Further Remand Proceedings: BOC
              Provision of Enhanced Services (ONA
              Requirements), CC Docket No. 95-20............    05/31/01
3060-0818..  Geocode Data Request...........................    09/30/98
3060-0819..  Lifeline Assistance/Lifeline Connection
              Assistance (Link Up) Reporting Worksheet and
              Instructions, 47 CFR 54.400-54.417, FCC 497...    09/30/98
3060-0820..  Amendment to Parts 22, 24, 27, 90 and 101 of
              the Commission's Rules Concerning Non-
              Substantial Assignments of Wireless Licenses
              and Transfers of Control Involving
              Telecommunications............................    09/30/98
3060-0821..  DTV Engineering Analysis for De Minimis
              Standards.....................................    09/30/98
3060-0823..  Pay Telephone Reclassification, Memorandum
              Opinion and Order, CC Docket No. 96-128.......    09/30/98
3060-0824..  FCC 498........................................    09/30/98
3060-0825..  Requirements for Toll-Free Service Access Codes
              888/877.......................................    10/31/98
3060-0827..  Request for Radio Station License Update.......    10/31/98
3060-0828..  State Forward-Looking Cost Studies for Federal
              Universal Service Support (Public Notice).....    10/31/98
3060-0829..  Streamlining of Mass Media Applications, Rules
              and Processes.................................    07/31/01
3060-0830..  Year 2000 Data Request.........................    10/31/98
983060-0831  MDS and ITFS Two-Way Transmissions.............    07/31/01
3060-0832..  Performance Measurements and Reporting
              Requirements for Operations Support Systems,
              Interconnection, and Operator Services and
              Directory Assistance, CC Docket No. 98-56.....    07/31/01

[[Page 567]]

 
3060-0834..  Reconsideration of Rules and Policies for the
              220-222 MHz Radio Service.....................    12/31/98
3060-0835..  Ship Inspection Certificates, FCC 806, 824, 827
              and 829.......................................    12/31/98
3060-0836..  Network Preempted Children's Television
              Education and Informational Programming.......    12/31/98
3060-0839..  Study of the Nexus Between Broadcast Ownership
              by Minorities and Non-Minorities and News
              Public Affairs Content........................    11/30/98
------------------------------------------------------------------------

[63 FR 52618, Oct. 1, 1998]

[[Page 569]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

47 CFR
                                                                   51 FR
                                                                    Page
Chapter I
21  Decision.......................................................17969
21.2  Amended; eff. 10-2-86........................................31305
21.13  (e) revised.................................................15003
21.108  (c) table amended..........................................19840
22  Policy statement...............................................10838
22.2  Amended......................................................26896
    Comment time extended..........................................30865
22.9  (c)(2) amended (OMB number pending)..........................39754
22.13  (f) removed.................................................15500
22.15  (i)(3) revised (OMB number pending).........................39754
22.43  (b)(2) removed..............................................15500
    (c) revised....................................................28236
22.44  (c) removed.................................................15500
22.213  (b)(5) revised (OMB number pending)........................39755
22.514  (a) introductory text revised..............................39755
22.901  (c)(3) revised.............................................37023
22.902  (b) introductory text revised..............................26896
    Comment time extended..........................................30865
    (b) introductory text correctly revised........................35649
    (b) (1) and (2) and (e) revised................................37400
22.903  (a) revised................................................26896
    Comment time extended..........................................30865
    (a) correctly revised..........................................35649
22.904  (b) and (c) added..........................................26896
    Comment time extended..........................................30865
    (c) correctly added............................................35650
22.905  Revised....................................................26896
    Comment time extended..........................................30865
22.913  (a)(8) waiver; interim......................................4167
    (b)(1) and (2) revised; (c) added..............................26896
    Comment time extended..........................................30865
22.915  (a), (b), and (d) amended..................................12616
22.916  (c) revised................................................26897
    Comment time extended..........................................30865
22.918  (b) revised; (c)(1) removed; (c)(2), (3), and (4) 
        redesignated as (c)(1), (2), and (3).......................26897
    Comment time extended..........................................30865
25.104  Added.......................................................5526
25.201  Amended....................................................18445
25.202  (a) redesignated as (a)(1); (a)(2) added...................18445
    (a)(2) corrected...............................................20975
25.391  (h) revised................................................44069
25.392  Added......................................................18445
    (f)(3) correctly revised.......................................20975
31  Removed; eff. 1-1-88...........................................43499
    Petitions denied in part.......................................44479
31.605  (a) revised; eff. 1-1-87....................................8499
32  Added; eff. 1-1-88.............................................43499
33  Removed; eff. 1-1-88...........................................43499

                                  1987

47 CFR
                                                                   52 FR
                                                                    Page
Chapter I
20  Petition comment time extended..................................4016
21  Authority citation revised.....................................37776
21.0  (a) revised..................................................27554
    Removed........................................................37776
21.1  Added........................................................37776

[[Page 570]]

21.2  Amended...............................................27554, 37776
21.3  Revised......................................................37777
21.5  (a) revised..................................................37777
21.6  (b) revised..................................................10230
    (a) and (b) amended............................................37777
21.7  (a) and (b) revised..........................................27554
    Revised........................................................37777
21.11  (a), (d), and (f) revised...................................27554
    (a), (b), (d), (e), and (f) revised............................37777
21.13  (a) introductory text and (g) revised; (a)(6) amended; (f) 
        (2) and (l) designation removed............................37778
21.15  Introductory text, (a), (c), and (d) revised; (e) (1), (3), 
        and (5), (f), (h), and (i) removed; (e) (2) and (4) and 
        (g) redesignated as (e) (1) and (2) and (f); new (e)(1) 
        amended; new (g) added.....................................37778
21.17  Revised.....................................................37778
21.19  Added.......................................................37778
21.20  (b)(2) removed; (b) (3) through (9) redesignated as (b) (2) 
        through (8).................................................5294
    (b) revised....................................................37779
21.21  Nomenclature change.........................................37779
21.22  Nomenclature change.........................................37779
21.23  (e) revised.................................................37779
21.25  (a) and (b) amended.........................................37779
21.26  Revised.....................................................37779
21.27  Revised.....................................................37779
21.30  (a)(2) and (b)(2) amended; (b)(3) revised...................37779
21.31  (e)(6)(iv) added............................................27554
    (e)(2) revised.................................................37780
21.33  Revised.....................................................37780
21.35  (b)(1) (i) and (iii) and (2) amended........................37780
21.38  Undesignated center heading and section added...............37780
21.39  Removed; new 21.39 redesignated from 21.40 and new (a) and 
        (c) (1) and (2) amended....................................37780
21.40  (a) introductory text revised...............................27554
    Redesignated as 21.39 and new (a) and (c) (1) and (2) amended; 
new 21.40 added....................................................37780
21.41  Added.......................................................37780
21.42  Added.......................................................37781
21.43  Revised.....................................................37782
21.44  (c) revised.................................................27555
    Revised........................................................37782
21.100  (d) (1), (4), (5), (8), (9), (10), and (11) revised........27555
    (d) (7) and (8) removed; (d) (1) through (6) and (9) through 
(11) redesignated as (d)(2) (i) through (vi) and (viii) through 
(x); (d) (1), (2) introductory text and (vii) added; (d) 
introductory text, new (2) (ii), (viii) and (x) revised............37782
21.102--21.104  Removed............................................37783
21.106  (a)(3) revised; (a)(4) added...............................23550
21.107  (b) table revised...........................................7140
    (b) table and (c) revised......................................37783
    Petitions denied...............................................43588
21.108  (e) revised.................................................7141
    (c) amended....................................................37783
    Petitions denied...............................................43588
21.109  (b) and (d) removed; (c) redesignated as (b)...............37783
21.110  Revised....................................................37783
21.111  Heading revised; text amended..............................37783
21.113  (b) table revised..........................................37783
21.116  Amended....................................................37783
21.118  (a), (b), (c) and (e)(1) amended...........................37783
21.119  Revised....................................................27555
21.121  Removed....................................................37783
21.200  Amended....................................................37783
21.201  Revised....................................................37784
21.204  Removed....................................................37784
21.206--21.208  Removed............................................37784
21.210  Amended....................................................37784
21.212--21.213  Removed............................................37784
21.214  Amended....................................................37784
21.300  Removed....................................................37784
21.301  Revised....................................................27555
21.303  (b) and (c) revised........................................27555
    (a), (b), and (c) amended; (d) added...........................37784
21.304  Revised....................................................37784
21.306  Amended....................................................37784
21.401  (a) amended; (b) revised...................................37784
21.402  Amended....................................................37784
21.403  (b) amended................................................37784
21.405  (a) revised................................................37784
21.500  Revised....................................................37784
21.501  Amended....................................................37784

[[Page 571]]

21.502  (e)(2) and (f) removed; (b) and (c) amended; (b) through 
        (e), (g) and (h) redesignated as (d) through (i); (a) and 
        new (g) revised; new (b) and (c) added.....................37784
21.504  (a) amended................................................37785
21.512  Removed....................................................37785
21.700  Revised....................................................37785
21.704  Revised....................................................37785
21.706  (c) and (d) redesignated as (d) and (e); new (c) added.....37785
21.707  (a)(2) and (b) amended.....................................37785
21.708  (a) introductory text and (6) amended; (a)(7) and (c) 
        revised....................................................37786
21.709  (b) and (d) removed; (c) redesignated as (b); (a) revised 
                                                                   37786
21.711  (b) and (c) removed; (d), (e), and (f) redesignated as 
        (b), (c), and (d); new (b) and (c) amended.................37786
21.713  Removed....................................................37786
21.801  Petitions denied...........................................43588
21.804  (d) table amended...........................................7141
    Petitions denied...............................................43588
21.806  (a) revised................................................37786
21.807  (c) added...................................................7141
    (a)(2) amended; (b) revised....................................37786
    Petitions denied...............................................43588
21.808  (a)(6) amended; (b) revised and (a)(8) added...............37786
21.809  Amended....................................................37786
21.900  Revised....................................................27556
21.902  (b) introductory text revised..............................27556
21.903  (a) and (b) revised........................................27556
21.906  (a) amended................................................37786
21.907  Revised....................................................27556
21.909  (b)(2)(i) revised..........................................27556
    (b) (2), (3) and (4); (b)(5) redesignated as (b)(2)............37786
21.910  Added......................................................27557
22  Extension of time for oppositions and replies...................1458
22.2  Amended......................................................10572
22.6  (b)(1) revised; (b)(2) removed...............................10230
    (b)(3) added...................................................16848
22.9  (b)(2) redesignated as (b)(3); new (b)(2) added; (e) and (f) 
        removed; (b)(1) and (d) introductory text revised..........10572
22.13  (f) added...................................................20087
22.15  (b)(1) (i) and (ii) and (2)(i) revised; (b)(1)(iii) added 
                                                                   10572
22.20  (b)(2) removed; (b) (3) through (9) redesignated as (b) (2) 
        through (8).................................................5294
    Technical correction...........................................39225
22.31  (a)(1) revised..............................................16848
22.39  (b)(5)(ii) revised..........................................10572
22.40  Revised.....................................................10573
22.43  (b)(1) (i) and (ii) added; (a)(3) and (c) revised...........10573
    (b)(2) added...................................................20087
22.44  (a) (1) and (2) revised.....................................10573
    (c) added......................................................20087
22.104  (a)(1) revised.............................................10573
22.106  (b)(1)(ii) revised.........................................10573
22.110  (a)(5) and (e) added.......................................10573
22.117  (b) introductory text and (1) revised......................10574
22.501  (a)(5) (ii), (iii) and (iv), (d) and (f)(1)(ii) revised....10574
22.502  Revised....................................................10574
22.516  (b)(2) revised.............................................10575
22.902  Petition comment time extended..............................4016
22.903  (a) revised................................................22472
    Petition comment time extended.................................29386
22.904  (c) revised................................................22472
    Petition comment time extended.................................29386
22.905  (b) revised................................................22472
    Petition comment time extended.................................29386
22.913  (a)(10) removed; (a)(11) redesignated as (a)(10) and 
        revised....................................................10575
    (a)(10) revised................................................22472
    Petition comment time extended.................................29386
22.917  (b)(1)(ii) revised.........................................10575
22.920  (a) revised................................................10575
22  Appendices D and E corrected...................................29186
23.50  (d) revised..................................................5294
    (b) revised....................................................10230
25  Extension of time for oppositions and replies...................1458
    Petition comment time extended..................................4016
    Policies and procedures..................................4017, 12911
25.208  (c) correctly revised......................................45636
25.523  (c) removed.................................................5294
31  Decision of 48 FR 2324 vacated.................................37968
31.01-10  Added.....................................................6559

[[Page 572]]

31.01-11  Added.....................................................6559
31.106  Revised.....................................................6559
31.235  Waiver.....................................................29019
31.317  Revised.....................................................6560
31.370  Introductory text revised; eff. 12-2-87....................20601
31.607  Waiver.....................................................29019
32  Authority citation revised.....................................43917
32.14  (c), (d), (e), and (f) revised; eff. 1-1-88..................6560
32.22  (a) revised; eff. 1-1-88.....................................7580
32.23  Revised; eff. 1-1-88.........................................6560
32.25  Revised; eff. 1-1-88.........................................7580
    Revised........................................................43917
32.27  Added; eff. 1-1-88...........................................6561
    (b), (c), and (f) revised......................................39534
32.102  Revised; eff. 1-1-88........................................6561
32.1220  (g) revised; eff. 1-1-88...................................6561
    Revised........................................................39534
32.1406  Revised; eff. 1-1-88.......................................6561
    (a) correctly revised..........................................39535
32.2000  (a)(2) and (f)(6) revised; eff. 1-1-88.....................7580
32.2311  (h) revised; eff. 1-1-88...................................6561
    (g) and (h) revised............................................39535
32.2321  (b) revised; eff. 1-1-88...................................6561
32.2341  (g) revised; eff. 1-1-88...................................6562
    (g) revised....................................................39535
32.2351  (c) revised; eff. 1-1-88..................................29019
32.5999  (f)(5) revised; eff. 1-1-88................................7580
32.6540  Revised...................................................43917
32.6623  Revised...................................................43917
32.6999  (b) table amended; eff. 1-1-88.............................6562
32.7620  Revised; eff. 1-1-88......................................20601
32.7990  Revised; eff. 1-1-88.......................................6562
32.7991  (b) revised; (c) added)...................................39535
36  Added; eff. 1-1-88.............................................17229
36.372  (a) revised; eff. 1-1-88...................................32923

                                  1988

47 CFR
                                                                   53 FR
                                                                    Page
Chapter I
22  Petition for reconsideration extension of time..................4624
    Comment time extended...........................................8459
    Authority citation revised.....................................11856
22.2  Amended................................................3211, 18564
    Amended (effective date pending)...............................48910
    Amended........................................................52175
22.6  (d) revised (effective date pending).........................48910
22.11  (a) revised (effective date pending)........................48910
22.31  (a)(1) introductory text revised; (f) added.................47213
22.33  (b)(2) revised..............................................18094
22.501  (g)(2) revised.............................................11856
    Petitions granted..............................................30059
22.601  (a) revised; (c) through (f) redesignated as (d) through 
        (g); new (c) added..........................................3211
22.609  (d) introductory text and (1) revised.......................3212
22.900  Amended....................................................52175
22.901  (d) revised................................................23766
22.903  (a) revised................................................18564
    (a)(1) revised.................................................26073
22.904  Revised....................................................52175
22.905  Revised....................................................52175
22.911  (d) revised; (e) added.....................................52175
22.913  Heading and (b)(2) revised; (a)(1) removed; (a) (2) 
        through (10) redesignated as (a) (1) through (9); new 
        (a)(9), (b) introductory text and (c) amended..............18564
    (a)(10) correctly added; (b)(4) corrected; (b)(5) correctly 
revised............................................................28640
22.917  (c) and (d) redesignated as (d) and (e); new (c) added.....18092
    (c)(1)(ii) corrected...........................................27165
22.921  (b) revised................................................18094
22.922  Added......................................................18094
22.923  Added......................................................18564
    (a)(1) correctly revised; (a)(11) correctly added; (b)(5) 
corrected..........................................................28640
22.930  Added......................................................52176
25  Petition for reconsideration extension of time..................4624
    Comment time extended...........................................8459
32  Policy statement................................................4978
32.14  (c) revised.................................................49321
32.23  (c) revised.................................................49322
32.1220  (i) revised...............................................49322
32.2000  (a)(4) revised; eff. 1-1-89...............................30059
32.4999  (l) and (m) redesignated as (m) and (n); new (l) added; 
        new (m) revised; new (n) amended...........................49322
32.5280  Added.....................................................49322
32.6999  (b) amended...............................................49322
32.7991  Removed...................................................49322
36.101  (a) amended; eff. 1-1-89...................................33012

[[Page 573]]

36.112  (a) nomenclature change; eff. 1-1-89.......................33012
36.125  (f) revised; eff. 1-1-89...................................33011
    (a) amended; eff. 1-1-89.......................................33012
36.126  (e)(3)(i) amended; eff. 1-1-89.............................33012
36.153  (a)(2)(i) amended; eff. 1-1-89.............................33012
36.154  (f)(4) (ii) and (iii) amended; eff. 1-1-89.................33012
36.172  (b) amended; eff. 1-1-89...................................33012
36.191  (a) amended; eff. 1-1-89...................................33012
36.201  (a) amended; eff. 1-1-89...................................33012
36.216  (a) amended; eff. 1-1-89...................................33012
36.301  (a) amended; eff. 1-1-89...................................33012
36.310  (c) amended; eff. 1-1-89...................................33012
36.331  (b) amended; eff. 1-1-89...................................33012
36.380  Revised; eff. 1-1-89.......................................33011
36.631  (e) added; eff. 1-1-89.....................................33011
    (c)(2) amended; eff. 1-1-89....................................33012
36.741  (c) revised; eff. 1-1-89...................................33012
36  Appendix-Glossary amended; eff. 1-1-89.........................33012
    Appendix-Glossary corrected....................................39095

                                  1989

47 CFR
                                                                   54 FR
                                                                    Page
Chapter I
21.27  (d) added...................................................10327
21.31  (f) added...................................................10327
21.38  (b)(3) removed..............................................11953
21.101  (a) table amended..........................................10327
    (a) table and effective date corrected.........................24905
21.107  (b) table amended; footnote 4 added........................10328
    (b) table and effective date corrected.........................24905
21.108  (c) table revised...........................................1942
    (c) table amended..............................................10328
21.701  (a) amended; (c) through (f) redesignated as (d) through 
        (g); new (c) added.........................................10328
    (c)(1) table and effective date corrected......................24905
21.703  (a) table amended..........................................10328
21.801  (a) amended................................................25460
22  Petition denied................................................33898
    Clarification of effective date................................39182
22.6  (d) revision effectiveness pending............................4289
    (d) introductory text and (1) revised..........................31032
    (d)(2) added...................................................40057
22.16  (e) revised.................................................11536
22.27  (b) redesignated as (b)(1); new (b)(2) added................10328
    (b)(2) corrected...............................................20962
22.31  (g) added...................................................10328
    Heading and (g) corrected......................................20962
    (a)(1) revised.................................................30896
22.43  (a)(1) revised; (d) added...................................33552
22.100  (e) added..................................................28817
22.101  (a) table amended..........................................10329
22.501  (g)(1) revised; (g)(5) added...............................10329
    (b) revised....................................................11536
    (g)(1) and effective date corrected............................24905
    (j) (1) through (6) added; (l) (5) through (10) redesignated 
as (j) (7) through (12); (l) removed; new (j)(7)(i) Table A, 
(j)(12), and (k) revised; new (j)(7)(i) Table E removed; eff. 10-
27-89..............................................................39530
22.505  (c) added..................................................28817
22.506  (f) added..................................................28818
22.609  (e) added..................................................28816
22.917  (a)(3) introductory text, (iii)(A), and (e) amended........23662
25  Policy statement.........................................5483, 33226
    Petition denied................................................33898
25.201  Amended....................................................49993
25.202  (a)(2) revised.............................................49993
32  Annual Report Form M revision..................................26201
32.2000  Reconsideration Order.....................................49995
32.7370  (d) revised...............................................22758
32.7620  Revised...................................................22758
36.154  (a) amended; eff. 1-28-90..................................31033
36.711  (a) introductory text, (b) and (c) revised; (d) added......16111
36.721  (a) (1), (2) introductory text, (ii), (iii) and (iv), and 
        (3) revised................................................16111

[[Page 574]]

                                  1990

47 CFR
                                                                   55 FR
                                                                    Page
Chapter I
21  Authority citation revised; subpart and sectional authority 
        citations removed..........................................39277
    Technical correction...........................................46514
21.2  Amended......................................................46008
21.3  (c) added....................................................20397
21.13  (a)(6) revised..............................................46008
21.20  (b)(9) revised..............................................46009
21.23  (c)(4) revised..............................................20397
21.28  (e) added...................................................46009
21.30  (a)(4) revised..............................................46009
21.31  (f) revised.................................................10462
21.33  (a) revised; (b) amended....................................46009
21.41  (c)(1)(i) revised...........................................46009
21.101  (a) table amended..........................................46009
21.107  (b) table amended..........................................46009
21.901  (d)(1) and (2) revised.....................................46009
21.902  (f)(2) and (i) revised; (j) added..........................46010
21.904  Revised....................................................46010
21.905  (c) added..................................................46011
21.908  Revised....................................................46011
21.911  Added......................................................46011
21.912  Added......................................................46011
21.913  Added......................................................46012
21.914  Added......................................................46012
22.1  (b) revised..................................................20397
22.6  (d)(2) revised...............................................50004
22.9  Heading and (c)(2) revised...................................25841
22.13  (e) revised.................................................20397
22.15  (a)(1)(i) and (n) added.....................................25841
22.16  (d) revised.................................................25842
22.20  (b)(5) revised..............................................20397
22.23  (h) added...................................................25842
22.29  (c) added...................................................25842
22.31  (g) revised.................................................10463
    (h) added......................................................25842
    (i) added......................................................47335
22.35  (c) added...................................................25842
22.40  (c) added...................................................25842
22.43  (e) added...................................................25842
    (d)(3)(iii) removed; (d)(3)(iv) through (vii) redesignated as 
(d)(3)(iii) through (vi); (d)(1) introductory text, (i) through 
(iii), (vi), (vii), new (d)(3)(iii), (v) and (4)(iii) revised; 
(d)(1)(viii) added.................................................46453
22.44  (c) revised.................................................25842
22.45  (c) added...................................................25842
22.106  Heading revised; (b)(3) and (4) added......................10463
22.110  (f) added..................................................25842
22.115  (d) added..................................................25842
22.117  (b)(4) revised.............................................20397
    (c) added......................................................25842
    (b) introductory text and (1)(ii) revised; (b)(1)(iii) added 
                                                                   30462
22.213  (e) added..................................................25843
22.501  (g)(1) introductory text, (3) introductory text, and (5) 
        revised....................................................10463
    (k)(6) added...................................................47335
22.502  (c) added..................................................30462
22.503  (d) revised................................................30462
    (d) correctly designated.......................................33216
22.504  (b)(2) revised.............................................30462
22.505  (c) revised................................................30462
22.506  (f) revised................................................30463
22.911  (e) removed.................................................7900
    (e) correctly designated.......................................13883
22.913  (a)(10) revised............................................20397
22.930  Introductory text, (f) and (g) revised......................7900
22.1100--22.1119 (Subpart M)  added................................25843
25  Authority citation revised; subpart and sectional authority 
        citations removed..........................................39000
25.206  Revised; eff. 3-1-91.......................................21551
25.308  Added; eff. 3-1-91.........................................21551
25.390  (d)(1)(iii) added..........................................20397
34  Authority citation revised; sectional authority citations 
        removed....................................................39277
35  Authority citation revised; sectional authority citations 
        removed....................................................39278

                                  1991

47 CFR
                                                                   56 FR
                                                                    Page
Chapter I
21.11  (a), (d) and (f) revised....................................57815
21.23  (a) and (b) amended.........................................57816
21.30  (a)(4) amended..............................................57816
21.33  (a) revised.................................................57816
21.101  (a) table footnote 6 revised...............................57816
21.107  (b) table footnote 1 revised...............................57816
21.307  (a), (b) introductory text, (4), (c)(1) introductory text, 
        (i) introductory text, (B), (2)(i)(A), (G), (ii)(A), 
        (iii)(A), (d)(1), (d)(1)(ii), (e)(1) introductory text 
        through (iv), (2), (f)(1) and (2)(i) revised...............57816
21.701  (d)(3) and (4) added........................................9897

[[Page 575]]

21.900  Amended....................................................57817
21.901  (d)(1) removed.............................................57598
    (a) amended; (b)(4) and (5) revised; (b)(6) and (f) added......57817
21.902  (f)(2) revised; (i) and (j) redesignated as (j) and (k); 
        new (i) added..............................................57598
    (f)(2), (i)(2)(i), (ii), (6)(i), (iii)(A) through (F) and (iv) 
amended; (i)(1) revised............................................57818
    (i)(1) revised.................................................65191
21.905  (c) amended................................................57818
21.908  (b) amended................................................57818
21.909  (c) added..................................................57818
21.912  (a) and (c) amended; (d) through (g) added.................57818
21.913  (g) added..................................................57599
21.914  Amended....................................................57819
22.2  Amended......................................................58506
22.6  (b)(3) removed; (b)(2) and (d)(3) added......................58506
22.13  (a)(1)(iv) added............................................58506
22.27  (b)(2) revised..............................................63663
22.31  (a)(1)(ii) and (b)(2)(iii) added; (f) revised...............58506
22.33  (b)(3) added................................................58507
22.43  (d)(1)(viii) correctly added................................14317
    (c)(1) and (2) revised; (c)(4)(i) added........................58507
22.501  (g)(1) introductory text revised...........................34151
22.521  (b) table amended..........................................14866
22.902  (b) introductory text revised; (b)(3), (4), (5), (d)(4) 
        and (5) added..............................................58507
22.903  (a)(1)(i), (ii) and (j) added..............................58508
22.916  (c) revised................................................58509
22.917  (b)(2) correctly added.....................................58315
    (b)(2) removed; (a)(1) introductory text revised; (f) added....58509
22.918  (c) redesignated as (d); new (c) added.....................58509
22.920  (c) added..................................................58510
22.921  Revised....................................................58510
22.924  Added......................................................58510
22.925  Added......................................................58511
22.926  Added......................................................58511
22.1107  Heading, (a)(1), (2) introductory text, (ii) and (b) 
        revised; (a)(iii) removed..................................37854
22.1109  Heading, introductory text, table and (a) revised.........37856
22.1111  (b) removed; (a), (c) and (d) revised.....................37858
22.1115  Heading, (a) and (d) revised; (e) added...................37859
22.1117  Revised...................................................37859
22.1119  Revised...................................................37859
22.1121  Added.....................................................37859
25.101  (a) revised................................................24015
25.102  Added......................................................24016
25.109  Added......................................................24016
25.110--25.163 (Subpart B)  Added..................................24016
25.118  Correctly designated.......................................29757
25.131  OMB number pending.........................................24020
25.134  Added......................................................66001
25.201  Amended....................................................42706
25.202  (c) removed; (d) through (g) redesignated as (c) through 
        (f)........................................................24024
25.300  Redesignated from 25.390; (c) and (g) removed; (d) through 
        (o) redesignated as (c) through (m); new (c) revised; new 
        (a), (b), (d) and (f) amended (OMB number pending).........24024
25.308  Transferred from Subpart C to Subpart E....................24024
25.390--25.392 (Subpart E)  Heading revised........................24024
25.390  Redesignated as 25.300.....................................24024
25.391  Removed....................................................24024
25.392  Removed....................................................24024
36  Interpretation.................................................42706
36.601--36.641 (Subpart F)  Heading revised...........................27
    Heading revised................................................27422
36.601  (a) revised...................................................27
    (a) revised....................................................27422
36.621  Heading, (a) introductory text and (4) revised................27
    Heading, (a) introductory text and (4) revised.................27422
36.622  Heading revised...............................................27
    Heading revised................................................27422

                                  1992

47 CFR
                                                                   57 FR
                                                                    Page
Chapter I
21.50  Added.......................................................49021
22  Unserved areas applications filing deadlines waived..............829
    Interpretation.................................................28466
    Unserved areas applications filing deadlines delayed...........34077
22.2  Amended........................................................831

[[Page 576]]

22.6  (b)(2)(ii) removed...........................................13648
22.9  (d)(7)(ii) revised; (d)(7)(iii) added........................13648
22.23  (c)(3) revised..............................................13648
22.28  (a) and (b) introductory text revised........................3027
    (a) revised....................................................53446
22.29  (a) introductory text revised................................3028
    (a) introductory text revised..................................53447
22.31  (j) added....................................................3028
22.32  (e)(5) revised; (e)(6) added.................................3028
22.40  (b) revised..................................................3028
22.43  (c)(1) introductory text amended; (d)(1)(vi), (vii) and 
        (viii) removed; (d)(3)(vi) revised.........................13648
22.50  Added.......................................................49021
22.117  (b)(1) amended.............................................13648
22.501  (j) introductory text, (7)(i) and (k)(4) amended...........37105
22.902  (b)(4)(ii) introductory text, (b)(4)(ii)(B)(3) and (d)(4) 
        amended....................................................13648
    (b)(4) introductory text, (i), (ii) introductory text and 
(B)(3) revised.....................................................53447
22.903  Revised....................................................13648
    (a), (d)(1) and (3)(i) through (iv) revised; (e) added.........53447
22.904  Revised......................................................831
22.911  (a)(1) added.................................................831
22.912  (c) added....................................................831
22.913  Heading, (a) introductory text and (d) revised.............13649
22.914  Revised....................................................27705
22.917  (g) added...................................................3028
22.918  (c)(2) amended.............................................13649
22.920  (c) introductory text revised..............................53448
22.922  Heading revised; (b) added.................................53448
    (a) revised....................................................56859
22.923  Heading, (a) introductory text and (c) introductory text 
        revised; (a)(1) and (c)(1) amended.........................13649
22.924  (b)(1) and (b)(2) amended..................................13649
    (b)(3) amended; (c)(3) revised.................................13650
    (a)(3) added...................................................53448
22.925  Revised....................................................13650
    Introductory text revised......................................53448
22.926  Revised....................................................13650
22.927  Added......................................................53448
22.928  Added......................................................53448
22.929  Added......................................................53449
22.930  (d) amended..................................................831
    (d) revised....................................................13650
22.940  Added.......................................................3029
22.941  Added.......................................................3029
22.942  Added.......................................................3029
22.943  Added.......................................................3030
22.944  Added.......................................................3030
22.945  Added.......................................................3031
25  Decision and remand.............................................1227
25.114  (c)(24) revised............................................14798
25.252  (c) Table 1 amended........................................21214

                                  1993

47 CFR
                                                                   58 FR
                                                                    Page
Chapter I
21  Authority citation revised.....................................42249
21.6  (b) and (c) revised..........................................19774
21.13  (b) introductory text revised...............................19774
    (b)(1) revised.................................................44894
21.15  (a) revised.................................................11797
21.20  (b)(5) revised..............................................11797
21.23  (a) and (b) revised.........................................11797
    (c)(1)(vii), (2)(v) and (d)(1) revised.........................44894
21.28  (f) added...................................................11797
21.29  (f) added...................................................11797
21.31  (e)(3) and (4) revised......................................11797
21.33  Revised.....................................................11798
21.39  (a), (b) and (c) redesignated as (b), (c) and (d); new (a) 
        added......................................................11798
21.41  (b)(3), (c)(2)(i), (ii) and (iii) revised...................44894
21.42  (c)(5)(i) and (ii) revised..................................44894
21.50  Revised; eff. 10-4-93.......................................46549
21.100  (c) revised; (d)(2)(xi) and (xii) added; eff. 12-20-93.....49224
21.107  (b) revised; eff. 12-20-93.................................49224
21.108  (c) table revised; eff. 12-20-93...........................49225
    (e) introductory text and (1) heading revised; eff. 12-20-93 
                                                                   49226
21.113  (b) introductory text, (1)(i) through (iv), (c)(3)(iii) 
        and (iv) revised...........................................44894
21.120  (e) added; eff. 12-20-93...................................49226
21.122  (a) revised; eff. 12-20-93.................................49226

[[Page 577]]

21.303  (a), (b), (c) and (d)(1) revised...........................19774
21.307  (g) added..................................................42249
21.502  Revised; eff. 12-20-93.....................................49226
21.503  Revised; eff. 12-20-93.....................................49227
21.504  (c)(1) and (2) revised.....................................44894
21.506  Revised; eff. 12-20-93.....................................49227
21.507  Removed; eff. 12-20-93.....................................49227
21.701  (a) Footnote 2 and (b) revised.............................44895
    (a) and (d) revised; (e), (f) and (g) redesignated as (i), (j) 
and (k); new (e) through (h) and (l) added; eff. 12-20-93..........49227
21.710  Revised; eff. 12-20-93.....................................49232
21.901  (d)(2) removed; (f) revised................................11798
    (d)(1)(i) through (vii)(C) correctly removed; CFR correction 
                                                                   13709
    (c) introductory text and (d)(5) revised.......................44895
21.902  (c) introductory text, (1) and (2) revised.................11798
    (c)(1)(i), (ii), (2)(i), (ii), (4), (5), (d)(1), (2), (3), 
(i)(1) introductory text, (ii), (j)(1) and (2) revised.............44895
21.904  (c) introductory text revised..............................44896
21.906  (c) revised................................................44896
21.912  (a), (b), (c) and Notes 1 and 2 revised; (d) removed; (e), 
        (f) and (g) redesignated as (d), (e) and (f); new (f) 
        amended....................................................42018
    (e)(1) and (2) correctly added.................................45064
21.913  (g) revised................................................11798
    (d), (g) introductory text, (3) and (5) amended................44896
21.915  Added......................................................11799
21.920  Added......................................................42249
22  Technical correction....................................27213, 34228
22.2  Amended......................................................44896
22.6  (d)(1) and (3) introductory text amended; (d)(3)(iv) revised
                                                                   44896
22.13  (b)(1) revised..............................................44896
22.15  (b)(1)(i), (ii)(A), (B), (iii), (i)(2) and (j)(8)(vi) 
        revised....................................................44896
22.23  (c)(2) amended..............................................44897
22.33  (c)(1) and (2) revised......................................44897
22.43  (d)(1)(iii) and Note A revised; (d)(4)(iii) and Notes B and 
        C amended..................................................44897
22.50  Revised; eff. 10-4-93.......................................46549
22.100  (e)(1) revised.............................................44897
22.113  (b)(1)(i) through (iv) revised.............................44897
22.115  Revised....................................................44897
22.117  (b)(3) and (c) introductory text amended...................44898
22.501  (a)(5)(i), (iii), (e), (f)(1)(i), (ii), (g)(3)(i), (j)(3), 
        (6), (7) and (k)(5)(iv) amended; (j)(4), (5)(i), (ii), 
        (k)(1), (2), (j)(7)(i) Tables B, C, D and F revised; 
        (j)(7)(i) Table G removed; (j)(7)(i) Tables I and J added 
                                                                   44898
    (e) revised; eff. 12-20-93.....................................49233
22.502  (a) table, (b) and (c) table revised.......................44900
22.503  (a), (b) and (d) tables revised; (c) amended...............44901
22.504  (b) Figures 1 through 4 removed; (b)(1), (2) table and (c) 
        revised....................................................44901
22.505  (a)(1) and (c)(1) amended; (a)(2) and (b) tables revised 
                                                                   44901
22.506  (f)(1) revised.............................................44902
22.521  (b) amended................................................44902
22.525  (b) and (e) amended........................................44902
22.601  (a)(2)(i), (iv) and (3) revised; (g)(3) amended............44902
22.902  (d)(1) amended.............................................44902
22.903  (a)(3), (d)(2) and (e) revised; (a)(5) and (f) added.......11800
    (a)(1), (2), (3) and (5) revised...............................44902
22.905  Revised....................................................44902
22.911  (b) revised................................................59183
22.913  (a)(1) and (c) amended.....................................44903
22.923  (a)(1), (b)(1), (5) and (6) amended........................44903
22.924  (a)(1) revised; (b)(2) amended.............................44903
22.925  (b) revised................................................44903
22.930  (h) revised................................................44903
    (b), (f) and (g) removed; section heading and introductory 
text revised.......................................................59183
22.941  (a)(2) amended; (a)(1) and (d)(2) revised; (a)(3) removed 
                                                                   21929
22.942  Revised (effective date pending)...........................21929
22.1001  (a) Table A, (b) Table B and (c) Table C amended; 
        (d)(2)(i), (ii), (4), (5), (6) and (7) Tables D and E 
        revised....................................................44903
22.1002  Amended...................................................44904

[[Page 578]]

22.1109  Amended; (a) and (b) revised..............................44904
23.20  (d) introductory text amended; (d)(1)(i) through (iv) 
        revised....................................................44904
23.40  Revised.....................................................44904
25  Authority citation revised..............................13419, 42249
25.114  (c)(18) revised; (c)(27) added.............................68059
25.115  (d) added..................................................68059
25.120  (d) and (e) revised........................................68059
25.130  (b) revised................................................68059
25.132  Added......................................................13419
25.133  (b) revised................................................68059
25.135  Added......................................................68059
25.140  (d)(2)(iii) redesignated as (d)(2)(iv); new (d)(2)(iii) 
        added......................................................68060
25.142  Added......................................................68060
25.151  (c)(5) revised.............................................68061
25.201  Amended....................................................68059
25.202  (g) added..................................................13419
    (a)(3) added; (f)(4) revised...................................68061
25.203  (b) and (c)(5) revised; (e) removed; (f), (g) and (h) 
        redesignated as (e), (f) and (g)...........................13419
    (e)(2)(i) through (iv) and (g)(3)(i) through (iv) revised......44904
25.204  (d) and (e) added..........................................13420
25.209  (a) through (d) revised; (g) added.........................13420
25.210  Added......................................................13420
25.211  Added......................................................13421
25.212  Added......................................................13421
25.256  Added......................................................13421
25.271--25.277 (Subpart D)  Added..................................13421
25.601 (Subpart I)  Added..........................................42249
32  Order..........................................................50287
34  Removed; eff. 10-4-93..........................................36143
35  Removed; eff. 10-4-93..........................................36143
36.2  (a)(3) and (b)(3)(iii) revised...............................44905
36.153  (a)(1)(i)(A), (B), (ii)(C), (2)(i)(B) and (b)(1) revised 
                                                                   44905
36.156  Revised....................................................44905
36.157  (a)(1) revised.............................................44905
36.601  (c) added..................................................69242
36.622  (a) amended; (c) added.....................................69242
36  Appendix amended...............................................44905

                                  1994

47 CFR
                                                                   59 FR
                                                                    Page
Chapter I
20  Added..........................................................18495
20.6  Added........................................................59953
    (d)(9) and (10) added..........................................61829
21  Report.........................................................53363
21.38  (g) added....................................................9101
21.50  (a) and (b) revised.........................................19645
21.120  (e) revised................................................19645
21.701  (d) revised; (m) added.....................................19645
22  Waiver..........................................................1285
    Opinion and order..............................................37163
    Revised (effective date pending in part).......................59507
    Authority citation revised.....................................59954
22.1  (g) added....................................................18499
22.13  (f) removed.................................................18499
22.39  (d) added....................................................9101
22.43  (b)(2) removed..............................................18499
22.50  (a) and (b) revised.........................................19646
22.105  Table B-1 amended..........................................59954
22.115  (a)(2) amended.............................................59954
22.121  (d) corrected..............................................64856
22.131  Revised....................................................59954
22.137  (c)(1)(ii) amended.........................................59954
22.142  (c) introductory text and (d) introductory text amended....59954
22.165  (d)(2) corrected...........................................64856
22.301  Revised....................................................59955
22.304  Removed....................................................18499
22.313  (a)(4), (b) and (c) revised; (a)(5) added..................59955
22.357  Introductory text amended..................................59954
    Revised........................................................59956
22.411  (d)(1) amended.............................................59954
22.413  (b)(1) amended.............................................59954
22.415  (b)(1) amended.............................................59954
22.417  (b)(1) amended.............................................59954
22.507  Amended....................................................59954
22.509  Added......................................................59956
22.521  (b) table amended..........................................35055
22.529  (a) introductory text and (b) introductory text amended....59954
22.531  (c) amended................................................59954
22.541  Removed....................................................59956
22.709  (b) introductory text amended..............................59954
22.717  Revised....................................................59956
22.803  (a) introductory text and (b) introductory text amended....59954
22.901  (d) introductory text corrected............................64856

[[Page 579]]

22.911  (b) introductory text amended..............................59954
22.929  (a) introductory text and (b) introductory text amended....59954
22.941  (b)(4) revised; eff. 10-3-94...............................39300
    (c) amended....................................................59954
22.942  Revised; eff. 10-3-94......................................39300
22.947  (b) introductory amended...................................59954
22.949  (a)(2), (b) introductory text, (2), (c), (d)(1) and (3) 
        revised....................................................59956
22.953  (a)(2)(iii) amended........................................59954
24  Redesignated from 99...........................................18499
    Regulation at 59 FR 18499 eff. date changed to 6-22-94.........26602
    Authority citation revised..............................26747, 46199
    Reconsideration petition.......................................66254
24.1  (b) revised..................................................32854
24.2  (g), (h) and (i) redesignated as (h), (i) and (j); new (g) 
        added......................................................18499
24.3  Revised......................................................32854
24.10  Revised..............................................26747, 32854
24.11  Revised.....................................................32854
24.52  Revised.....................................................32854
24.101  Revised; eff. 10-7-94......................................46199
24.102  (d) revised; eff. 10-7-94..................................46199
24.129  Revised.............................................26747, 44069
24.130  (b) and (c) revised.................................26747, 44069
    (a) revised; eff. 10-7-94......................................46200
24.200--24.238 (Subpart E)  Revised................................32854
24.202  (b) corrected..............................................40835
24.204  (f)(1) and (2) amended.....................................37603
    (d)(2)(viii) added.............................................39705
    (f) introductory text revised; (f)(3)(i) amended...............55374
    (d)(2)(ix) and (x) added; (f) introductory text, (1), (2) and 
(3) redesignated as (f)(1), (2), (3) and (4); new (f)(1) revised 
                                                                   61830
24.238  (a) corrected..............................................40835
    Revised........................................................55374
24.301--24.309 (Subpart F)  Added..................................26747
24.303  Revised....................................................44069
24.307  Amended....................................................59957
24.308  Revised....................................................44070
24.309  Revised....................................................44070
    (b)(1) revised.................................................50511
24.320  Added......................................................44071
24.403--24.444 (Subpart G)  Added..................................26749
24.406  Revised....................................................44072
    (b) amended....................................................59957
24.409  (b) amended................................................59957
24.411  Redesignated from 99.411 and corrected.....................55210
24.413  (a) introductory text amended..............................59957
24.415  (j) correctly designated...................................43898
24.422  Revised....................................................44072
24.425  (a), (b) introductory text and (1) corrected...............37164
24.426  (a) amended................................................59957
24.427  (b)(1) correctly redesignated as (b).......................37164
    (b) amended....................................................59957
24.429  (a)(1) corrected...........................................37164
    (b) removed; (c) and (d) redesignated as (b) and (c)...........44072
24.430  Revised....................................................44072
24.701--24.720 (Subpart H)  Added..................................37604
24.703  (f) revised; (h) added.....................................53371
24.707  (b) amended................................................59957
24.709  (b)(4)(iii) removed; (e) revised...........................43063
    Revised........................................................63232
24.711  (a)(4) revised.............................................43063
    Revised........................................................63235
24.712  (d) revised................................................63235
24.720  (b)(2) and (j) revised; (l)(11) added; (m) removed.........43063
    Revised........................................................63236
24.801--24.844 (Subpart I)  Added..................................37610
24.806  (b) amended................................................59957
24.809  (b) amended................................................59957
24.813  (a)(1) revised.............................................53371
    (a) introductory text amended..................................59957
24.816  Removed....................................................53371
24.822  (b) revised................................................53371
24.826  (a) amended................................................59957
24.827  (b) amended................................................59957
24.829  (b) removed; (c) redesignated as (b).......................53371
24.833  Added......................................................53371
24.839  (a) and (d) revised........................................63238
25  Waiver..........................................................1285
25.114  (c)(6), (18) and (26) revised; (c)(28) and (d) added.......53326
25.115  (d) revised................................................53327
25.120  (d) and (e) revised........................................53327
25.130  (b) revised................................................53327
25.133  (b) revised................................................53327

[[Page 580]]

25.136  Added......................................................53327
25.141  (a) and (f) revised........................................53328
25.143  Added......................................................53328
25.201  Amended....................................................53329
25.202  (a)(4) and (5) added.......................................53329
25.203  (c)(2)(vii) revised; (j) and (k) added.....................53329
25.208  (c) revised................................................53329
25.213  Added......................................................53329
25.278  Added......................................................53331
25.279  Added......................................................53331
32.22  (a), (c), (d) and (f) revised................................9418
32.23  (c) amended.................................................46930
32.103  Table amended...............................................9418
32.1437  Added......................................................9418
32.2000  (a)(4) and (b)(2) introductory text amended...............46930
32.2220  Heading revised...........................................46930
32.2231  Heading revised...........................................46930
32.2311  (d) amended...............................................46930
32.2341  (g) amended...............................................46930
32.3000  (b) amended...............................................46930
32.3300  (b) amended...............................................46930
32.4000  Table amended..............................................9418
32.4100  (d) revised................................................9419
32.4110  (g) revised................................................9419
32.4340  (a) and (d) revised........................................9419
32.4341  Added......................................................9419
32.4350  (a) and (g) revised........................................9419
32.4361  Added......................................................9419
32.4999  (e) amended...............................................46930
32.5060  Amended...................................................46930
32.6410  Amended...................................................46930
36  Order..........................................................27496

                                  1995

47 CFR
                                                                   60 FR
                                                                    Page
20.6  (d)(2) revised...............................................37795
21.2  Amended...............................................36551, 57366
21.7  Amended......................................................36551
21.13  (a)(4) and (b) introductory text revised....................36551
21.15  (a)(1) amended; (a)(3), (c), (e) introductory text and (g) 
        revised....................................................36551
    (g) revised....................................................57366
21.27  (a)(7) and (8) added........................................36552
21.35  (a) introductory text revised...............................36552
21.41  (b)(7) added................................................36552
21.42  (a), (b)(3), (c)(3)(ii) and (d) revised; (b)(4) and 
        (c)(3)(iii) added..........................................36552
    (d) revised....................................................57366
21.43  (a) amended.................................................36552
21.44  (a)(1) revised..............................................36552
21.900  Concluding text revised....................................36552
21.901  (d)(5) amended; (d)(7) revised.............................36552
21.902  (a), (b) introductory text, (1), (3), (4), (c) 
        introductory text, (1) introductory text, (i), (2), (3), 
        (d), (f) introductory text, (g) and (h) revised; (b)(5), 
        (6), (f)(4) through (7) added; (c)(5) removed; (f)(1) and 
        (2) amended................................................36553
    (d)(1) and (i) revised.........................................36739
    (g)(1) revised.................................................57367
21.904  (c) revised................................................36554
    (c)(2) redesignated as (c)(3); new (c)(2) added................57367
21.913  (b) through (e) and (g)(8) revised.........................36554
21.921  Added......................................................36554
21.922  Added......................................................36555
21.923  Added......................................................36555
21.924  Added......................................................36555
    (c) revised....................................................57367
21.925  Added......................................................36555
    (a)(2) revised.................................................57367
21.926  Added......................................................36555
21.927  Added......................................................36555
21.928  Added......................................................36555
21.929  Added......................................................36555
    Existing text designated as (b); (a) added.....................57367
21.930  Added......................................................36555
21.931  Added......................................................36556
21.932  Added......................................................36556
21.933  Added......................................................36556
    Revised........................................................57367
21.934  Added......................................................36556
21.935  Added......................................................36557
21.936  Added......................................................36557
21.937  Added......................................................36557
21.938  Added......................................................36557
    (c) through (g) redesignated as (d) through (h); new (c) 
added; new (d) and new (f) revised.................................57367
21.939  Added......................................................36557
21.950  Added......................................................36557
21.951  Added......................................................36557
21.952  Added......................................................36558
21.953  Added......................................................36558
21.954  Added......................................................36559
21.955  Added......................................................36559
21.956  Added......................................................36559
21.957  Added......................................................36559

[[Page 581]]

21.958  Added......................................................36559
21.959  Added......................................................36560
21.960  Added......................................................36560
    (b)(5)(i) and (d)(1)(i) revised................................57367
21.961  Added......................................................36562
    (b)(2) introductory text revised...............................57368
22.105  Table correctly revised.....................................9889
22.361  Table correctly revised.....................................9889
22.541  Stayed......................................................3557
22.561  Table correctly revised.....................................9889
22.577  Heading, introductory text, (a) introductory text, (1), 
        (2), (b) and (d) revised...................................15495
22.591  Table correctly revised.....................................9889
22.621  Table correctly revised.....................................9890
22.627  (b)(1)(i) table correctly revised...........................9890
22.651  Table correctly revised.....................................9891
22.725  Table correctly revised.....................................9891
22.757  Table correctly revised.....................................9891
22.901  (c) revised................................................15495
22.905  Table correctly revised.....................................9891
22.1007  (a)(1) table, (2) through (6), (b), (c) introductory text 
        and (1) correctly revised...................................9891
24.101  Revised....................................................13917
    (b) corrected..................................................26375
24.204  (d)(2)(viii) redesignated as (d)(2)(viii)(A); 
        (d)(2)(viii)(B) added......................................13917
    (d)(2)(ii) revised.............................................37795
24.229  (c) revised................................................13917
    (c) correctly revised..........................................26375
24.709  (b)(5)(i)(B), (C), (6)(i)(B) and (C) correctly revised......5335
    Heading, (a), (b)(5)(i)(C), (6), (c)(1) introductory text, (2) 
introductory text, (ii) and (e) revised............................37795
24.711  (b)(1) and (2) correctly revised............................5335
    Heading, (a)(1), (b) introductory text and (3) revised; (b)(4) 
and (5) removed....................................................37796
24.712  (d)(1) and (2) correctly revised............................5335
    Heading and (a) revised; (b) and (c) removed; (d) redesignated 
as (b).............................................................37796
24.713  Removed....................................................37796
24.715  Added......................................................37796
24.716  Added......................................................37799
24.717  Added......................................................37800
24.720  (f) and (h) correctly revised...............................5335
    (l)(3) correctly revised........................................8571
    (o) correctly revised...........................................8572
    (a), (b)(2), (c)(2), (j)(2), (l)(11)(i), (ii), (n)(1) and (3) 
revised; (n)(4) added..............................................37800
24.813  (a)(2) revised.............................................13917
25.110  (b) revised.................................................5333
26  Added..........................................................40718
26.104  OMB number pending.........................................40722
32  Memorandum opinion and order...................................53544
32.2000  (c)(2)(x) revised.........................................12138
32.2003  Heading, (a) and (c) revised..............................12138
32.2004  Removed...................................................12138
32.7340  Revised...................................................12138
36  Memorandum opinion and order...................................53544
    Recommendation.................................................65010
36.101  Revised....................................................12138
36.171  Revised....................................................12138
36.222  (c) revised................................................12138
36.601  (c) revised................................................65011
36.622  (a) amended; (c) revised...................................65012

                                  1996

47 CFR
                                                                   61 FR
                                                                    Page
20  Authority citation revised.....................................45619
    Reconsideration petitions......................................66931
20.3  Amended...............................................38402, 40352
20.5  (a)(4) and (5) revised.......................................55580
20.6  (d)(2), (e) and Note 1 revised...............................33867
    Note 3 correctly designated....................................51233
20.11  (c) added...................................................45619
20.12  Added.......................................................38402
    Heading revised; (c) added; eff. 10-28-96......................43981
20.15  (e) added...................................................38637
20.18  Amended.....................................................40352
21  Order...........................................................2452
21.2  Revised......................................................26671
21.3  (b) removed; (c) redesignated as (b).........................26673
21.4  (d) and (f) removed; (e) and (g) redesignated as (d) and (e)
                                                                   55580
21.6  (b) and (c) revised..........................................26673
21.11  (g) added....................................................4364
21.13  (a)(6) and (b) revised; (f) removed; (g) redesignated as 
        (f)........................................................26673
21.15  (d) revised; (e), (f) and (g) redesignated as (f), (g) and 
        (h); new (e) added..........................................4364

[[Page 582]]

    Introductory text, (c), (d) and (g) revised....................26673
21.20  (b)(5) revised..............................................26674
21.23  (c)(1) and (d) removed; (c)(2) through (7) and (e) through 
        (g) redesignated as (c)(1) through (6) and (d) through 
        (f); new (c)(1) introductory text and (d)(1) revised.......26674
21.27  (d) removed.................................................26674
21.31  (f) removed.................................................26674
21.33  (a) removed; (b), (c) and (d) redesignated as (a), (b) and 
        (c)........................................................26674
21.39  (d)(3) revised..............................................26674
21.41  (c)(3) revised...............................................4364
    (b) and (c) revised............................................26674
21.42  (c)(6) revised...............................................4364
    (a), (b)(1), (4) and (c)(3) revised; (c)(7) removed; (c)(8) 
redesignated as (c)(7).............................................26674
21.43  (a) revised.................................................26675
21.45  (a) and (c) revised.........................................26675
21.100  Revised....................................................26675
21.101  (a) revised; (b) removed; (c) redesignated as (b)..........26675
21.106  (a)(2)(ii), (3) and (4) removed; (a)(2)(iii) redesignated 
        as (a)(2)(ii)..............................................26675
21.107  (b) revised; (c) removed...................................26675
21.108  Removed....................................................26675
21.109  (b) revised................................................26675
21.111  Revised.....................................................4365
21.112  Revised.....................................................4365
21.113  (c)(2) amended..............................................8477
21.114  Removed....................................................26676
21.117  (b) revised.................................................4365
21.119  Removed....................................................26676
21.120  (a) revised; (d) and (e) removed...........................26676
21.122  (a) revised; (d) and (e) removed...........................26676
21.214  Removed....................................................26676
21.303  (a), (b), (c) and (d)(1) revised...........................26676
21.500--21.512 (Subpart G)  Removed................................26676
21.700--21.713 (Subpart I)  Removed................................26676
21.800--21.809 (Subpart J)  Removed................................26676
21.901  (e) revised................................................26676
21.902  (i)(1) and (2) revised.....................................18098
    First (c) removed; (c)(1)(ii) reinstated; CFR correction.......25594
    (c)(1)(ii) revised.............................................26676
21.903  (a) revised................................................26676
21.912  (e)(3) added...............................................15387
21.956  (a)(1) introductory text revised...........................18098
22  Order...................................................21380, 34375
    Authority citation revised..............................29689, 58339
    Waiver.........................................................50736
22.5  (b)(3) and (4) revised.......................................55580
22.99  Amended..............................................31050, 54098
22.105  Introductory text amended; Table B-1 revised...............54098
22.115  (a)(2) and (3) revised......................................4365
22.317  Amended....................................................54099
22.355  Revised....................................................54099
22.357  Revised....................................................54099
22.365  Revised.....................................................4365
22.369  (c)(3) amended..............................................8477
    (c)(2) amended.................................................54099
22.377  Introductory amended.......................................31051
22.409  (h)(2) amended.............................................54099
22.507  Note removed...............................................54099
22.509  (c) amended................................................54099
22.527  Added......................................................31051
22.535  Introductory text revised; (f) added.......................31051
22.537  (h) added..................................................31051
22.602  Revised....................................................29689
22.621  Introductory text amended..................................54099
22.901  (e) removed................................................38403
    Introductory text revised; eff. 10-28-96.......................43981
    Introductory text and (d) revised; eff. 10-28-96...............45356
22.943  (b)(3) added...............................................58339
22.949  (c) revised................................................58339
22.960  Added......................................................58339
22.961  Added......................................................58339
22.962  Added......................................................58339
22.963  Added......................................................58339
22.964  Added......................................................58339
22.965  Added......................................................58339
22.966  Added......................................................58339
22.967  Added......................................................58340
23.20  (e)(2) amended...............................................8477
23.28  (c) added....................................................4365
23.39  Revised......................................................4366
23.40  Removed......................................................4366
24  Waiver...........................................25807, 25808, 25810
    Authority citation revised.....................................29691
    Technical correction...........................................63758
24.3  Revised; eff. 10-28-96.......................................45356
24.5  Amended......................................................29691
24.52  Revised.....................................................41018
24.55  Added........................................................4366
24.204  Removed....................................................33868

[[Page 583]]

24.229  (c) removed; (d) redesignated as (c) and revised...........33868
24.237  (c) revised................................................29691
24.239  Undesignated center heading and section added..............29691
24.241  Added......................................................29691
24.243  Added......................................................29692
24.245  Added......................................................29692
24.247  Added......................................................29692
24.249  Added......................................................29693
24.251  Added......................................................29693
24.253  Added......................................................29693
24.404  (b)(3) and (4) revised.....................................55581
24.416  Removed.....................................................4366
24.704  (a)(3) added...............................................33868
24.706  Revised....................................................33868
24.709  Heading, (a)(1), (2), (c)(1) introductory text, (2) 
        introductory text and (ii) revised.........................33868
24.715  Removed....................................................33868
24.716  (c) redesignated as (d); (a)(1), (2), (b) and new (d)(2) 
        revised; new (c) added.....................................33868
24.717  (a) and (b) revised; (c) removed; (d) redesignated as (c) 
                                                                   33869
24.720  (b)(2) and (3) redesignated as (b)(3) and (4); (b) 
        heading, new (3), new (4), (c)(2), (e), (f), (g), (j)(2), 
        (l)(11)(i), (n)(1), (3) and (4) revised; new (b)(2) and 
        (5) added..................................................33869
    (l)(11) correctly revised......................................51234
24.804  (b)(3) and (4) revised.....................................55581
24.813  (a)(1), (2) and (4) revised................................33870
24.816  Removed.....................................................4366
24.839  (a), (d)(1) and (2) revised; (d)(3), (4) and (5) added.....33870
25.104  Revised....................................................10898
    (b)(1) revised; (f) added (OMB number pending).................46562
25.110  (b) revised.................................................9951
25.113  (c) revised; (d) redesignated as (f); new (d) and (e) 
        added.......................................................4366
    (b) and (d) revised.............................................9951
25.114  (c)(6)(iii) removed.........................................9945
    (c)(18) revised; (c)(23) and (24) removed.......................9952
    (d) and (f) revised............................................55582
25.115  (c) introductory text revised...............................9952
25.117  (a) revised.................................................9952
25.119  (c) added...................................................4367
25.130  (e) added...................................................4367
    (d) revised.....................................................9952
25.131  (b), (g) and (j) revised....................................9952
25.136  (b) revised.................................................9945
25.140  Heading, (a) and (b) revised................................9952
25.143  (h) added...................................................9945
25.202  (c) revised.................................................9952
    (a)(1) revised.................................................52307
25.203  (g)(2) amended..............................................8477
    (j) and (k) revised.............................................9945
    (h) added; eff. 10-28-96.......................................44181
25.204  (f) added..................................................52307
25.210  (e) introductory text and (j) introductory text revised; 
        (f) removed.................................................9952
25.211  (b) revised.................................................9952
25.213  (c) and (d) removed.........................................9945
25.250  Added; eff. 10-28-96.......................................44181
25.257  Added; eff. 10-28-96.......................................44181
25.258  Added; eff. 10-28-96.......................................44181
25.276  (c) revised.................................................9953
25.300  (h) added...................................................4367
26.302  (b)(3) and (4) revised.....................................55581
32  Authority citation revised.....................................50245
32.11  (a)(1) and (2) revised......................................50245
32.9000  Amended...................................................50245
36.601  (c) revised................................................34376
36.622  (c) revised................................................34377

                                  1997

47 CFR
                                                                   62 FR
                                                                    Page
20  Reconsideration petitions.......................................4020
20.3  Amended; eff. 10-17-97.......................................18843
20.9  (a)(2) revised; eff. 10-17-97................................18843
20.20  Added.......................................................63871
21.113  Heading revised; (d) added.................................55530
22  Reconsideration petitions.......................................4020
    Order...........................................................9103
22.99  Amended.....................................................11628
22.101--22.169 (Subpart B)  Heading revised........................11629
22.101--22.169  Undesignated center heading added..................11629
22.115  (a) introductory text revised..............................11629
22.123  (e)(1) and (2) revised.....................................11629
22.129  (e) added..................................................11629
22.131  (c)(4)(ii)(A) and (B) revised; (d)(2)(v) added.............11629
22.165  (d)(1) revised.............................................11629
22.201--22.227  Undesignated center heading added..................11629
22.201  Added......................................................11629
22.203  Added......................................................11629
22.205  Added......................................................11629

[[Page 584]]

22.207  Added......................................................11630
22.209  Added......................................................11630
22.211  Added......................................................11630
22.213  Added......................................................11630
22.215  Added......................................................11630
22.217  Added......................................................11630
22.219  Added......................................................11630
22.221  Added......................................................11631
22.223  Added......................................................11631
22.225  Added......................................................11632
22.227  Added......................................................11633
22.313  (a)(4) and (5) revised; (a)(6) added.......................11633
22.352  Introductory text revised..................................11633
22.369  Heading revised; (d) added.................................55530
22.503  Added......................................................11633
22.507  Revised....................................................11634
22.529  Revised....................................................11635
22.531--22.559  Undesignated center heading revised................11635
22.531  Heading and introductory text revised; (f) added...........11635
22.539  (e) revised................................................11635
22.551  Revised....................................................11636
22.559  Heading and introductory text revised......................11636
22.561  Introductory text revised..................................11636
22.569  (d) revised................................................11636
22.589  Introductory text revised..................................11636
22.717  (c) removed................................................11636
22.721  Added......................................................11636
22.723  Added......................................................11636
22.903  Revised....................................................63872
22.935  (f)(5) revised..............................................4172
23.20  (f) added...................................................55530
24  Reconsideration petitions.......................................4020
    Waiver request.................................................31002
24.5  Amended......................................................12757
24.18  Added.......................................................55531
24.132  (d) and (e) revised........................................27511
24.229  (c) removed..................................................660
24.239  Revised....................................................12757
24.243  Revised....................................................12757
24.245  (a) and (b) revised........................................12757
24.247  (a) introductory text revised..............................12757
24.249  (a) revised................................................12757
24.320  (e) revised................................................27511
24.707  Amended......................................................660
24.709  (b)(9) added...............................................55356
24.714  Revised......................................................661
25  Authority citation revised.....................................11105
25.113  Heading, (a), (b) and (f) revised; (g) added (effective 
        date pending)...............................................5927
    Regulation at 62 FR 5927 eff. 4-21-97..........................48486
    (b) amended (effective date pending)...........................64172
25.114  Revised (effective date pending)............................5927
    Regulation at 62 FR 5927 eff. 4-21-97..........................48486
25.115  Revised (effective date pending)............................5928
    Regulation at 62 FR 5928 eff. 4-21-97..........................48486
    (c) amended (effective date pending)...........................64172
25.117  (a) introductory text revised (effective date pending)......5928
    Regulation at 62 FR 5928 eff. 4-21-97..........................48486
25.118  Redesignated as 25.119; new 25.118 added (effective date 
        pending)....................................................5928
    Regulation at 62 FR 5928 eff. 4-21-97..........................48486
25.119  Redesignated as 25.120; new 25.119 redesignated from 
        25.118 (effective date pending).............................5928
    (c), (d) and (f) revised (effective date pending)...............5929
    Regulations at 62 FR 5928 and 5929 eff. 4-21-97................48486
25.120  Redesignated as 25.121; new 25.121 redesignated from 
        25.119 (effective date pending).............................5928
    (a) amended (effective date pending)............................5929
    Regulations at 62 FR 5928 and 5929 eff. 4-21-97................48486
25.121  Redesignated from 25.120 (effective date pending)...........5928
    (a) revised (effective date pending)............................5929
    Regulations at 62 FR 5928 and 5929 eff. 4-21-97................48486
25.130  (a) revised (effective date pending)........................5929
    Regulation at 62 FR 5929 eff. 4-21-97..........................48486
    (d) amended (effective date pending)...........................64172
25.131  (a), (d) and (j) revised (effective date pending)...........5929
    Regulation at 62 FR 5929 eff. 4-21-97..........................48486

[[Page 585]]

    (b) and (j) revised (effective date pending)...................64172
25.134  (a) and (b) amended; (d) added (effective date pending).....5929
    Regulation at 62 FR 5929 eff. 4-21-97..........................48486
25.137  Added (effective date pending).............................64172
25.140  Revised (effective date pending)............................5929
    Regulation at 62 FR 5929 eff. 4-21-97..........................48486
25.141  (c) revised (effective date pending)........................5930
    Regulation at 62 FR 5930 eff. 4-21-97..........................48486
25.142  (c) introductory text revised (effective date pending)......5930
    Regulation at 62 FR 5930 eff. 4-21-97..........................48486
    (d) and (e) added..............................................59295
25.143  (e)(1) introductory text revised (effective date pending) 
                                                                    5930
    Regulation at 62 FR 5930 eff. 4-21-97..........................48486
    Corrected......................................................51378
25.144  Added......................................................11105
25.145  Added (OMB number pending).................................61456
25.155  (b) revised (effective date pending)........................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.201  Amended.............................................11105, 59296
25.202  (a)(6) added...............................................11105
25.203  (i) added..................................................55531
25.204  (g) added..................................................61457
25.210  (j) introductory text and (3) revised (effective date 
        pending)....................................................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
    (b) and (c) through (j) redesignated as (c) and (e) through 
(l); new (b) and new (d) added.....................................61457
25.211  Heading revised; (d) added (effective date pending).........5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.212  (c) and (d) added (effective date pending)..................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
    (c) correctly revised..........................................51378
25.214  Added......................................................11106
25.251  Revised (effective date pending)............................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.252  Removed (effective date pending)............................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.253  Removed (effective date pending)............................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.254  Removed (effective date pending)............................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.255  Removed (effective date pending)............................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.256  Removed (effective date pending)............................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.259  Added......................................................59296
25.260  Added......................................................59296
25.272  (b) amended (effective date pending)........................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.274  (f) amended (effective date pending)........................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.277  (c) introductory text revised (effective date pending)......5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.280  Added (effective date pending)..............................5931
    Regulation at 62 FR 5931 eff. 4-21-97..........................48486
25.281  Redesignated from 25.308 (effective date pending)...........5932
    Regulation at 62 FR 5932 eff. 4-21-97..........................48486
25.300 (Subpart E)  Removed (effective date pending)................5932
    Regulation at 62 FR 5932 eff. 4-21-97..........................48486
25.308  Redesignated as 25.281 (effective date pending).............5932
    Regulation at 62 FR 5932 eff. 4-21-97..........................48486

[[Page 586]]

25.401--25.406 (Subpart F)  Added..................................11106
26.51  (d) removed; eff. 10-15-97..................................47967
26.52  Revised; eff. 10-15-97......................................47968
26.105  Added......................................................55531
27  Added...........................................................9658
    Reconsideration petitions......................................12959
27.4  Amended......................................................16497
27.50  Added.......................................................16497
27.53  Revised.....................................................16497
27.58  Added.......................................................16498
27.62  Added.......................................................55532
27.307  (a)(1) corrected...........................................16099
32  Technical correction...........................................10221
    Correction at 62 FR 10221 eff. 8-12-97.........................43122
    Authority citation revised..............................39451, 39777
32.11  (a)(1) and (2) revised......................................39777
32.27  (b), (c) and (d) revised (OMB number pending)................2925
    Regulation at 62 FR 2925 eff. 8-12-97..........................43122
32.2000  (a)(4) revised............................................39451
32.7370  (d) revised...............................................20126
32.9000  Amended...................................................39778
    Regulation at 62 FR 39778 withdrawn............................51064
36  Authority citation revised.....................................32946
36.125  (a)(3), (4) and (5) added; (b) and (f) revised; (c), (d) 
        and (e) removed............................................32946
36.380  (b) and (c) revised........................................15416
36.601  (a) and (c) revised........................................32947
    (a) amended....................................................40748
36.611  Revised....................................................32947
36.612  (a) introductory text revised..............................32947
36.613  (a) introductory text amended..............................32948
36.621  (a)(4) revised.............................................32948
    (a)(4) introductory text, (ii)(A) and (B) revised; (a)(4)(ii) 
introductory text amended; (a)(4)(ii)(C) added.....................40748
36.622  (c) revised; (d) added.....................................32948
36.701  (c) added..................................................32948

                                  1998

  (Regulations published from January 1, 1998, through October 1, 1998)

47 CFR
                                                                   63 FR
                                                                    Page
20  Authority citation revised.....................................43040
20.3  Amended.......................................................2637
20.9  (b) introductory text and (1) revised........................40062
20.15  (c) and (d) revised.........................................43040
20.18  Revised......................................................2637
21.42  (c)(1)(i) amended; eff. 10-5-98.............................36603
    (c)(1)(i) corrected............................................49870
21.120  (a), (b) and (c) amended; eff. 10-5-98.....................36603
21.907  (c) and (d) amended; eff. 10-5-98..........................36603
21.940  Added......................................................29668
21.959  (a)(2) revised..............................................2348
21.960  (b)(4) and (d)(1) revised...................................2348
22  Authority citation revised.....................................20338
22.99  Amended; eff. 10-5-98.......................................36603
22.137  (a)(1) and (2) added; (b) amended..........................10344
22.369  (d)(1), (2) and (3) revised................................41202
22.377  (c) removed; (d) redesignated as (c); heading, 
        introductory text, (a), (b) and new (c) amended; eff. 10-
        5-98.......................................................36603
22.379  (a) amended; eff. 10-5-98..................................36603
22.903  Removed....................................................20338
24  Deadline establishment..........................................2170
    Order..........................................................10153
24.18  Revised.....................................................41203
24.51  (b) removed; (c) and (d) redesignated as (b) and (c); (a), 
        new (b) and new (c) amended; eff. 10-5-98..................36604
24.304  (a)(2) revised..............................................2348
24.309  (b) and (f) revised.........................................2348
24.439  (a)(3) added...............................................10344
24.703  Removed; eff. 11-23-98.....................................50799
24.704  (a)(2) revised..............................................2349
    Revised; eff. 11-23-98.........................................50799
24.705  Removed; eff. 11-23-98.....................................50799
24.706  (a) revised; eff. 11-23-98.................................50799
24.707  Removed; eff. 11-23-98.....................................50799
24.709  (b)(9) revised.............................................17122
    (a)(4) and (5) added; (b)(9)(i) and (e) revised; eff. 11-23-98
                                                                   50799
24.711  (b) and (c) revised.........................................2349
    (a)(1) and (2) revised; eff. 11-23-98..........................50799
24.712  (b) revised.................................................2349
    (c) correctly designated as (b)................................12659
    Revised; eff. 11-23-98.........................................50799
24.716  (c) and (d) revised.........................................2349

[[Page 587]]

    (a)(1) and (2) revised; eff. 11-23-98..........................50799
24.717  (c) revised.................................................2349
    Revised; eff. 11-23-98.........................................50800
24.822  Removed; eff. 11-23-98.....................................50800
24.839  (a)(1) and (2) added.......................................10344
25.113  Regulation at 62 FR 64172 eff. 2-9-98.......................6497
25.115  Regulation at 62 FR 64172 eff. 2-9-98.......................6497
25.130  Regulation at 62 FR 64172 eff. 2-9-98.......................6497
25.131  Regulation at 62 FR 64172 eff. 2-9-98.......................6497
25.137  Regulation at 62 FR 64172 eff. 2-9-98.......................6497
26.51  Revised; eff. 10-5-98.......................................36604
26.105  Revised....................................................41203
27.62  Revised.....................................................41203
27.203  (b) revised.................................................2349
27.209  (d) revised.................................................2349
27.324  (a)(3) added; (b)(3) revised...............................10344
36  Policy statement...............................................42753
36.125  (a)(5) revised..............................................2124
36.601  (c) revised.................................................2124
36.612  (a) introductory text revised...............................2124
36.613  (a) introductory text amended...............................2124
36.621  (a)(1) and (4) introductory text amended; (a)(2), (3), 
        (4)(ii)(A) and (C) revised..................................2124
36.622  (a) introductory text and (b) introductory text revised.....2125
36.631  (a) through (d) revised.....................................2125